A HARDLY STEALTHY REBUKE
This story was originally published in the May 17, 2025 Issue.
On Thursday, May 8, Mono County Superior Court Judge Gerald Mohun ruled in favor of the Snowcreek VII homeowners in stalling the construction of a contested 80-foot tall cell phone tower disguised as a “stealth monopine” in the Old Mammoth neighborhood.
The lawsuit, filed by the homeowners, argued that the Town’s approval violated the California Environmental Quality Act (CEQA), as well as the Municipal Code and General Plan. They contended that the cell tower posed environmental and aesthetic concerns that had not been properly addressed. The Sheet reported on the trial in the March 22 issue (page 6).
The project stems from a proposal the Town submitted in 2022 by AT&T and Eukon Group. The group identified the Mammoth Lakes Fire Protection District’s Station 2 on Old Mammoth Road as the preferred location for the tower. The Station borders Snowcreek VII homes.
In January 2022, the Mammoth Lakes Fire Protection District (MLFD) granted authorization for the applicants to seek permits. In July 2023, MLFD issued a site license. In February 2024, the Town’s Planning and Economic Development Commission approved the project and deemed it exempt from CEQA as a “New Construction or Conversion of Small Structures.”
The Snowcreek VII homeowners appealed, but Mammoth’s Town Council reaffirmed the approval. The Town filed a subsequent Notice of Exemption in April 2024.
In the trial this March, the homeowners argued the structure would negatively impact the scenic character of the Old Mammoth neighborhood and that the CEQA exemption was misapplied because the proposed tower would be too tall to be considered “Small.”
The “Small Structures” exemption requires that construction does not exceed 2500 square feet in floor area, and provides examples such as “a store, motel, office or similar structure.” Judge Mohun ruled that a cell phone tower is not similar to any of those examples, and that a 80 to 100-foot cell phone tower is not exempt pursuant to the section.
“To accept Town and Real Parties’ contention would lead to the nonsensical conclusion that the height and character of the structure does not matter and may not be considered in determining if a project is small,” he wrote in the Judgement. “The tower does not fit within the qualifications. It is not ‘similar’ due to its height and nature.”
Judge Mohun also agreed with the homeowners that the Town had violated its own General Plan and Municipal code in the Cell Tower permit.
The homeowners argued the plans for the Tower include manufactured branches which would violate the Town’s Municipal code setback requirements and is inconsistent with the Town’s general plan. The Municipal code imposes a 20-foot setback for the Fire Station property.
The Town argued the Cell Tower was compliant with the setback since the faux limbs and branches could be construed as “plant materials,” but Judge Mohun ruled against this interpretation, asserting that faux greenery does not match the Penal Code’s definition of plant materials.
The court ordered the Town to cancel the Permit for the cell tower, withdraw the Notice of Exemption, and not give any more approvals or permits for the Tower until it complies with CEQA, the Town Code, and the General Plan.
The Town is not allowed to start building the Tower at the Fire District site until it has followed all the proper procedures and given the correct approvals and permits.
