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By Britney Barnes, britney.barnes@latimes.com | January 12, 2011
T-Mobile is asking a federal court to grant it the right to start building two cell towers disguised as palm trees in two city parks, one of which would stand next to an elementary school. T-Mobile West Corp. filed an appeal Dec. 13 to override a U.S. District Court judge's denial of a motion that would have compelled the city to grant the permits for a 55-foot-high tower at Harbour View Park, which is next to Harbour View Elementary School, and a 52-foot-high tower at Bolsa View Park, according to public records.
NEWS
Britney Barnes, britney.barnes@latimes.com | November 2, 2010
Cars horns blared in support as about a dozen residents in yellow T-shirts Monday afternoon waved signs denouncing T-Mobile in front of one of their Huntington Beach stores. The Committee for No on Measure Q supporters picketed a T-Mobile store at 8112 Talbert Ave., brandishing signs that said "Shame on T-Mobile" and "T-Mobile stop suing our kids," to urge residents to vote down two cell towers in two Huntington Beach parks. "They've been honking all day long," said long-time resident John Morrison.
NEWS
By Mona Shadia | January 25, 2012
T-Mobile has dismissed a lawsuit it filed against Huntington Beach after the city revoked a permit to build a cell tower in a park. T-Mobile made the move despite getting turned down for a second application to build in a compromised location, this time near protected wildlife habitat. The company dismissed the lawsuit over the Bolsa View Park location pending a decision by the court of appeals on whether a vote of the people is required for the project, said City Attorney Jennifer McGrath.
NEWS
By Anthony Clark Carpio | December 16, 2013
The 9th U.S. Circuit Court of Appeals ruled Wednesday that Huntington Beach's decision to deny T-Mobile permission to construct a cell tower in a city park will stand unless reversed by voters. According to the federal court ruling, the Telecommunications Act does not preempt Measure C, a charter provision mandating that leases or development to city-owned parks and beaches costing more than $100,000 be approved by voters, according to a statement by City Atty. Jennifer McGrath. The federal act was adopted to expand communication in the country, but since Huntington Beach's conditions pertained to giving constituents a say in the project and didn't affect zoning and land use, the city had the right to deny the mobile carrier its permit.
NEWS
February 11, 2010
T-Mobile has filed an appeal with the City Council on a decision not to allow the company to build a cell tower in a residential neighborhood. T-Mobile applied for a conditional-use permit to build a cell tower disguised as a bell tower on the Community United Methodist Church’s property on Heil Avenue. The permit was originally approved by the city’s zoning administrator, but angry neighbors appealed it to the Planning Commission, which denied it. Residents are concerned the tower will adversely impact their health and property values and are suspicious of T-Mobile’s claims of a coverage gap after conducting their own test.
NEWS
January 28, 2010
T-Mobile will appeal a Planning Commission decision to deny the company a permit to build a cell tower in a residential neighborhood to fill a coverage gap, officials said today. The commission voted 5 to 2 against a conditional use permit for a 55-foot cell tower on the Community United Methodist Church on Heil Avenue on Tuesday. The commission determined the tower would be detrimental to the general welfare and property values of the neighborhood, wouldn’t fit in aesthetically and isn’t necessary to fill a coverage gap. The permit was originally approved by the Zoning Administrator and appealed by a group of more than 300 upset neighbors.
NEWS
By Kathryn Watson | July 10, 2009
The Fountain Valley Planning Commission voted 4-0, with one member abstaining, to postpone the vote on whether to grant a conditional use permit for a T-Mobile cell tower at a local church. The permit, submitted by T-Mobile, would allow for a free-standing wireless cell tower in the form of a 50-foot flagpole to stand on the property of Fountain Valley United Methodist Church at 18225 Bushard St. The commission also recommended that the City Council approve changing the zone of the church from agricultural to public and institutional to conform to the city’s overall plans for rezoning, a move Planning Director Andy Perea said is unrelated to, but affects, the cell tower decision.
NEWS
February 11, 2010
Regarding “T-Mobile has until Friday to appeal city’s decision,” Feb. 4: Although the decision to deny the building of a tower by T-Mobile may be valid for the residents, I would like to support T-Mobile’s claim that there is a coverage gap, at least in our residential area near Atlanta and Greenfield avenues. I have T-Mobile, and very poor reception and dropped calls when I use my cell phone from home. I hope T-Mobile finds a suitable area to add a tower that would improve reception.
ARTICLES BY DATE
NEWS
By Anthony Clark Carpio | December 16, 2013
The 9th U.S. Circuit Court of Appeals ruled Wednesday that Huntington Beach's decision to deny T-Mobile permission to construct a cell tower in a city park will stand unless reversed by voters. According to the federal court ruling, the Telecommunications Act does not preempt Measure C, a charter provision mandating that leases or development to city-owned parks and beaches costing more than $100,000 be approved by voters, according to a statement by City Atty. Jennifer McGrath. The federal act was adopted to expand communication in the country, but since Huntington Beach's conditions pertained to giving constituents a say in the project and didn't affect zoning and land use, the city had the right to deny the mobile carrier its permit.
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NEWS
By Mona Shadia | January 25, 2012
T-Mobile has dismissed a lawsuit it filed against Huntington Beach after the city revoked a permit to build a cell tower in a park. T-Mobile made the move despite getting turned down for a second application to build in a compromised location, this time near protected wildlife habitat. The company dismissed the lawsuit over the Bolsa View Park location pending a decision by the court of appeals on whether a vote of the people is required for the project, said City Attorney Jennifer McGrath.
NEWS
By Mona Shadia | January 11, 2012
The Huntington Beach City Council on Monday voted against permitting T-Mobile to build a cell tower in a residential area near a protected wildlife habitat. The move, however, is expected to draw out the already lengthy litigation between the city and the telecommunications company. "I will have to support what my citizens would like to do," said Councilman Devin Dwyer, whose words were met with claps and cheers by the audience. "My fear is if we do lose this battle … we will have to put the towers in the parks.
ENTERTAINMENT
By Mona Shadia | November 22, 2011
Huntington Beach and the wireless company T-Mobile held community meetings last week to introduce new proposed locations for cell towers, continuing a process that has sparked lawsuits and resident protests in recent years. The meetings, held to get feedback from residents, were part of an effort by the city and company to settle out of court amid ongoing litigation. The City Council plans to vote in January on whether to accept the tower locations, said City Attorney Jennifer McGrath.
NEWS
By Britney Barnes, britney.barnes@latimes.com | January 12, 2011
T-Mobile is asking a federal court to grant it the right to start building two cell towers disguised as palm trees in two city parks, one of which would stand next to an elementary school. T-Mobile West Corp. filed an appeal Dec. 13 to override a U.S. District Court judge's denial of a motion that would have compelled the city to grant the permits for a 55-foot-high tower at Harbour View Park, which is next to Harbour View Elementary School, and a 52-foot-high tower at Bolsa View Park, according to public records.
NEWS
November 24, 2010
Apparently we have a city councilman in Huntington Beach who is unfamiliar with the United States Constitution, much less the concept of "innocent until proven guilty. " Councilman Devin Dwyer likes the idea of publicly "shaming" those who drive drunk, and, per your report ("Council approves garden lease," Nov. 18), that applies to arrestees. I mean, why wait for a conviction or a plea when everyone knows that the police wouldn't arrest you if you weren't guilty. Right? Gene Axelrod Huntington Beach City fumbled cell tower issue It should be noted that the city was under no legal obligation to allow cell towers in our public parks ("Judge holds fate of cell towers," Nov. 18)
NEWS
Britney Barnes, britney.barnes@latimes.com | November 2, 2010
Cars horns blared in support as about a dozen residents in yellow T-shirts Monday afternoon waved signs denouncing T-Mobile in front of one of their Huntington Beach stores. The Committee for No on Measure Q supporters picketed a T-Mobile store at 8112 Talbert Ave., brandishing signs that said "Shame on T-Mobile" and "T-Mobile stop suing our kids," to urge residents to vote down two cell towers in two Huntington Beach parks. "They've been honking all day long," said long-time resident John Morrison.
NEWS
October 27, 2010
A judge Friday upheld Huntington Beach's right to hold a revocation hearing for two controversial cell towers originally slated to be built in parks. U.S. District Court Judge R. Gary Klausner denied a motion by T-Mobile, the company that wants to construct the towers, that would have allowed start-up construction on the towers. T-Mobile wants to construct a 55-foot-high tower at Harbour View Park, which is next to Harbour View Elementary School, and a 52-foot-high tower at Bolsa View Park.
NEWS
By Britney Barnes, britney.barnes@latimes.com | September 2, 2010
The Huntington Beach City Council voted Monday night to revoke two of T-Mobile's wireless permits to build cell towers in two city parks, one near an elementary school. The council voted 6-1, with Councilman Don Hansen dissenting, at a special meeting to not allow cell towers at Harbour View Park, on Saybrook Lane, and Bolsa View Park, on Brighton Drive, because a significant coverage gap wasn't proven and there are viable alternatives. The vote caused the attendees to burst into applause.
NEWS
By Michael Miller | July 21, 2010
At a special meeting Tuesday night, the council voted to put an item on the November ballot asking voters whether the city should permit the installation of two mobile phone antennas at Harbour View and Bolsa View parks. The motion passed, 4 to 2, with Councilmen Devin Dwyer and Don Hansen voting against and Gil Coerper absent. The council approved license agreements in January 2009 for T-Mobile to install antennas at the two parks; but when it learned that construction costs exceeded $100,000, it insisted that voters needed to approve the projects.
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