Sprint PCS Assets, L.L.C. v. City of La Cañada Flintridge

MEMORANDUM *

Sprint PCS appeals from the summary judgment granted in favor of the City of La Cañada Flintridge and City officials. 1 We consider whether a City’s ordinance, which allows it to deny a telecommunications company a facility permit based solely on aesthetics, is preempted by California law. In a separate, concurrently filed opinion, we consider the City’s contention that even if a city ordinance is preempted under state law, it may still be valid under the federal Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (codified as amended in scattered sections of 15, 18, & 47 U.S.C.). The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

In October 2001, the City adopted “An Urgency Ordinance of the City Council of the City of La Cañada Flintridge Adopting a Moratorium on the Issuance of Any Demolition, Grading, Utility, Excavation or Other Permits Relating to Above-Ground Structures Along City Public Rights-of-Way” (“the ordinance”) which gives it the authority to deny applications for permits to install telecommunication facilities solely on aesthetic grounds.

II

A

California Utilities Code § 7901…