Sprint Pcs Assets v. City of Palos Verdes

I. FACTUAL AND PROCEDURAL BACKGROUND

The City is a planned community, about a quarter of which consists of public rights-of-way that were designed not only to serve the City’s transportation needs, but also to contribute to its aesthetic appeal. In 2002 and 2003, Sprint applied for permits to construct wireless telecommunications facilities (“WCF”) in the City’s public rights-of-way. The City granted eight permit applications but denied two others, which are at issue in this appeal. One of the proposed WCFs would be con- structed on Via Azalea, a narrow residential street, and the other would be constructed on Via Valmonte, one of the four main entrances to the City. Sprint acknowledged that it already served four thousand customers in the City with its existing network but stated that the proposed WCFs were nonetheless needed to replace its existing infrastructure. 14540 SPRINT PCS ASSETS v. PALOS VERDES ESTATES A City ordinance (“Ordinance”) provides that WCF permit applications may be denied for “adverse aesthetic impacts arising from the proposed time, place, and manner of use of the public property.” Palos Verdes Estates, Cal., Ordinances ch. 18.55.040(B)(1). Under the…