CARLSBADCARLSBAD — Carlsbad’s City Council has refused to approve an agreement with AT&T to install a cell tower at Poinsettia Park after widespread opposition from neighborhood residents.
The city’s Planning Commission approved the tower on a 4-3 vote in January, and residents appealed the decision to the City Council. After listening to about a dozen speakers opposed to the tower Tuesday, the council declined the appeal. However, it refused to sign a license agreement with AT&T for the site, which effectively stops construction.
Many of the speakers raised concerns about the possible hazards of the electromagnetic fields, or radiation, created by the towers. However, there is no state or federal limit on the radiation, and the city is not allowed to deny a project on that basis.
The appellants, represented by resident Nora George, based their appeal on a claim that AT&T in its application had misrepresented facts and discounted the availability of other locations for the tower.
“We feel the Planning Commission was manipulated by AT&T into believing there are no alternatives to a (cell tower) at Poinsettia Park,” George said. There are viable alternatives, she said, though they would be more expensive for the company.
Other residents said the towers are ugly and that if the city approves one, it would be obligated to approve additional applications for sites in the park by other communications companies.
A project manager for AT&T said other sites were considered, but were ruled out for various reasons.
The City Council is only allowed to consider information presented to the Planning Commission when considering an appeal, said City Attorney Cindie McMahon. Also, to overturn the decision, the council must find that the commission made a mistake.
Council said there was no mistake and voted 4-1 to deny the appeal, with Councilmember Teresa Acosta opposed. However, the council voted unanimously not to direct the city manager to negotiate a contract with AT&T for a tower at the park.
Without a contract, the company would be unable to build the tower.
The council also asked staffers to look into “inconsistencies” in its policies for cell tower locations and compare Carlsbad’s policies to those of other cities, and return at a future meeting with possible improvements.
