{"id":476,"date":"2019-10-11T00:30:06","date_gmt":"2019-10-11T00:30:06","guid":{"rendered":"https:\/\/www.savecooksbutte.com\/?p=476"},"modified":"2019-11-07T19:47:49","modified_gmt":"2019-11-07T19:47:49","slug":"tues-oct-15-facts-city-of-lake-oswego-pre-application-notes-case-file-pa-18-0084","status":"publish","type":"post","link":"https:\/\/www.loveloparks.org\/index.php\/2019\/10\/11\/tues-oct-15-facts-city-of-lake-oswego-pre-application-notes-case-file-pa-18-0084\/","title":{"rendered":"City of Lake Oswego Pre-Application Notes, Case File# PA 18-0084"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><strong>These are the Facts \u2013<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The following are written statements in the City of Lake Oswego Pre-Application Notes, Case File # PA 18-0084, dated December 13, 2018.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>First Page Heading \u2013 Reflects that the application is for approval of a new communications tower in \u201cthe Cooks Butte <strong><em>Park &amp; Natural Area<\/em><\/strong>.\u201d&nbsp;<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Page 1 &#8212; #1 Type of Application, paragraph 3: \u201cThis is classified as a <strong><em>major development<\/em><\/strong>.\u201d<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Pages 3 &amp; 4 &#8212; #5 Height of Structure, (2):&nbsp; The Lake Oswego Code allows for a \u201cmaximum height of 75 ft.\u201d for structures in this residential zone.&nbsp; At 196 feet, the proposed tower would be two and a half times the otherwise permitted height of structures in this area.&nbsp; &nbsp;<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Page 4 &#8212; #6 Use Regulations and Conditions, part 1: \u201cAn emergency communications tower is the same as a <strong><em>\u2018telecommunications tower\u2019<\/em><\/strong>.\u201d&nbsp;<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>The Case File proceeds to refer to this structure as a <strong><em>telecommunications tower <\/em><\/strong>or <strong><em>telecommunications facility<\/em><\/strong> 21 times over the next 15 pages of the application. &nbsp;<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>The consequences of erecting this tower are clearly defined in three separate places:<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Page 4 &#8212; #6 Use Regulations and Conditions, part 1: \u201cThere is also the likelihood of future <strong><em>collocation<\/em><\/strong> requests for <strong><em>commercial telecommunications<\/em><\/strong> on the tower.\u201d &nbsp;<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Page 4 &#8212; #6 Use Regulations and Conditions (1) (c): \u201cThe tower pad shall be sited in a location that <strong><em>permits additional expansion to accommodate future collocated ancillary facilities<\/em>.<\/strong>\u201d<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Page 5 &#8212; #6 Use Regulations and Conditions (2)(b): \u201cAccommodation of Future Collocation. New towers shall be constructed so as to accommodate future collocation\u2026 Towers shall be designed so as to accommodate a minimum expansion of three two-way antennas for every 40 vertical feet of tower.\u201d This appears to mean that a minimum of 12 antennas could be placed on the proposed 196-foot tower if approved.<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>The word <strong><em>collocation<\/em><\/strong> appears in the Case File 13 times.<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Can the City of Lake Oswego itself prevent future commercial expansion and collocation?&nbsp; It is our understanding that the answer is <strong>NO <\/strong>and that once a tower is built, the City has <strong>no<\/strong> choice under Federal Law:<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Page 6 &#8212; #6 Use Regulations and Conditions 2 (c): \u201c<em>In conformance with the Telecommunication Act of 1996, Section 703<\/em><strong><em>, a utility shall provide any telecommunications carrier with nondiscriminatory access<\/em><\/strong><em>.\u201d<\/em><\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>What is especially concerning is that both the City of Lake Oswego and Clackamas 800 Radio Group appear to be fully aware of the issues with the Telecommunications Act of 1996, as the Lake Oswego Code requires the applicant agree to allow for future collocation after the tower is built:<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Page 8 &#8212; #6 Use Regulations and Conditions &#8212; <strong><em>New Telecommunications Facilities<\/em><\/strong> \u2013 Additional Submission Requirements, item v. (6): \u201c<strong><em>A signed agreement stating that the applicant will allow collocation with other users.&nbsp; This letter shall also state that any future owners or operators will allow collocation on the tower.<\/em><\/strong><em>\u201d<\/em><\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">This tower access and collocation issue is important to the telecommunications industry and will not go away.&nbsp; As recently as 2012, Section 1455(a) of the Communications Act was enacted to establish a further limitation on state and local land use authority.&nbsp; Specifically, it provides that \u201c<strong>a state or local government may not deny and shall approve<\/strong> <strong>any eligible facilities request<\/strong> for a modification of an existing wireless tower or base station.\u201d&nbsp; It defines \u201celigible facilities request\u201d as a request for modification of an existing wireless tower or base that involves collocation of new transmission equipment.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In other words, if this tower is built, the City will not be able to deny applications seeking to add new transmission equipment to the tower and base.&nbsp; Indeed, the City of Lake Oswego Pre-Application Notes, Case File # PA 18-0084, #6 \u2013 New Telecommunication Facilities &#8211; Additional Submission Requirements, Item v. (6) makes it very clear that C800 must agree to allow for collocation as a condition of approval. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Erecting or providing access for a commercial telecommunications company is precisely why the tower was rejected in 1994.&nbsp; According to John Emery&#8217;s letter, \u201cAs clarified in her 1994 addendum to the original deed, Marjorie Emery confirmed that any development\u2026 which promoted commercial or technological uses, such as the erection of cellular telephone towers was incompatible with the spirit of the transfer of ownership to the citizens of Lake Oswego.\u201d &nbsp; &nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">As we know, it did not end in 1994 with Marjorie Emery&#8217;s affidavit\/addendum to the deed.&nbsp; Instead, there was an effort in 2001-2002 to place another tower by C800 on Cook\u2019s Butte.&nbsp; However, the City\u2019s inability to prevent the collocation of additional transmission facilities on the proposed tower site \u2013 including commercial facilities \u2013 is precisely why it was rejected a second time in 2002. &nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Now, unlike in 1994 and 2002, in addition to federal law, City law requires that an applicant agree to allow collocation of equipment on new towers.&nbsp; In fact, written acknowledgment of this collocation clause is specifically required in the Case File # PA 18-0084 Application for the proposed tower on Cook\u2019s Butte. &nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Why is the City of Lake Oswego and Clackamas 800 Radio Group considering a 196-foot tower in 2019, when citizens opposed a 60-foot tower in 1994 and a 152-foot tower in 2002?&nbsp; Especially where a written agreement to allow for the collocation of commercial and other transmission equipment on the tower and base is required. &nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>These are the Facts \u2013 The following are written statements in the City of Lake Oswego Pre-Application Notes, Case File # PA 18-0084, dated December 13, 2018. First Page Heading \u2013 Reflects that the application is for approval of a new communications tower in \u201cthe Cooks Butte Park &amp; Natural Area.\u201d&nbsp; Page 1 &#8212; #1 Type of Application, paragraph 3: \u201cThis is classified as a major development.\u201d Pages 3 &amp; 4 &#8212; #5 Height of Structure, (2):&nbsp; The Lake Oswego Code allows for a \u201cmaximum height of 75 ft.\u201d for structures in this residential zone.&nbsp; At 196 feet, the proposed&#8230; <\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_mi_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[8],"tags":[],"class_list":["post-476","post","type-post","status-publish","format-standard","hentry","category-facts-save-cooks-butte"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/posts\/476","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/comments?post=476"}],"version-history":[{"count":59,"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/posts\/476\/revisions"}],"predecessor-version":[{"id":742,"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/posts\/476\/revisions\/742"}],"wp:attachment":[{"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/media?parent=476"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/categories?post=476"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.loveloparks.org\/index.php\/wp-json\/wp\/v2\/tags?post=476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}