LAKEPORT, Calif. – A week after the Lake County Planning Commission voted to deny a cell tower project in downtown Middletown, Verizon Wireless has filed to appeal the decision to the Board of Supervisors.

The commission voted on May 23 to deny a minor use permit, variance and categorical exemption from the California Environmental Quality Act that Verizon is seeking to place nine 4G antennas on a 60-foot-tall lattice tower owned by Pacific Telephone and Telegraph Co. and located at 21347 Highway 175.

One of the key points of contention has been the very small setback – 43 inches, when the zoning ordinance requires a 100-foot setback from residences – from the closest neighboring property, owned by Rosemary Cordova.

The commission sided with residents’ concerns and voted down the project.

However, on Friday, the Lake County Community Development Department reported that Cellco Partnership, doing business as Verizon Wireless, appealed the decision.

In a letter to the Board of Supervisors included in the appeal documents, Paul Albritton, Verizon’s attorney, alleged that the planning commission erred in its decision and abused its discretion, “and that the decision is in direct violation of the Telecommunications Act of 1996.”

Albritton argued that the commission’s error and abuse of discretion came in declaring that the proposed wireless communications facility didn’t satisfy the findings for the minor use permit, variance and CEQA exemption.

He also said the commission’s denial violated the Telecommunications Act because it was not supported by “substantial evidence.”

In this case, Albritton wrote that there is “substantial evidence to demonstrate that the Proposed Facility satisfies all required findings for approval and meets all applicable County standards or qualifies for a variance.”

He also stated that “as there is a significant gap in Verizon Wireless service, and there is no less intrusive alternative to address the gap,” denying the project application constitutes a prohibition of service in violation of federal law.

It’s not yet been determined when the appeal may make it to the Board of Supervisors, with planning staff on Friday offering a rough estimate of at least a month.

Senior Planner Mark Roberts did not immediately respond to a request from Lake County News for a more specific time frame for the appeal to be heard by the board.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.