Brawley Municipal Code Art. V Permitting Requirements

All communication facilities not specifically exempted from these regulations are subject to one of the two permit processes described below. Both processes include a conditional use permit and may have a concurrent variance. Applications for all permits required pursuant to this chapter shall be made in writing on a form prescribed by the planning director, and shall be accompanied by plans and data to assure the fullest practical presentation of facts for the permanent record. Such application shall be accompanied by a fee or fees as may be set by the city council. No part of such fee shall be refundable.

1. Conditional Use Permit before the Planning Director. Certain communication facilities may be conditionally approved by the planning director, as described in this subsection.

a. Qualifying Facilities. The following types of communication facilities qualify for a use permit before the planning director:

(i) Receive-only radio and television antennas and satellite dishes or antennas that do not qualify for exemption under Section 8C.4, including multiple antennas or dishes on a single parcel.

(ii) Amateur radio facilities that do not qualify for exemption under Section 8C.4. When required, a conditional use permit before the planning director shall be granted to amateur radio operators with no fee.

(iii) Communication facilities installed on publicly owned property, regardless of zone, provided they comply with the general requirements in Section 8C.5 and hold an executed license or lease agreement.

(iv) Co-located communication facilities, regardless of zone, provided they comply with the general requirements in Section 8C.5.

b. Required Findings. In order for the planning director to approve a proposed communication facility under a conditional use permit, the planning director shall make the findings required for a conditional use permit, as well as, the following additional findings:

(i) The facility complies with all applicable provisions of this chapter.

(ii) The facility either (A) does not require an RF Environmental Evaluation Report as described in Section 8C.9, or (B) the RF Environmental Evaluation Report for the facility shows that the cumulative radio-frequency energy emitted by the facility and any nearby facilities will be consistent with FCC regulations.

(iii) The facility blends in with its existing environment and will not have significant adverse visual impacts.

c. Administrative Approval Process. The planning director may administratively approve a proposed communication facility by using the following process:

(i) Each applicant for administrative approval shall apply to the planning director providing the information and fees set forth in duly adopted resolution or ordinance.

(ii) The planning director shall review the application shall review the application for administrative approval and determine if the proposed use complies with this chapter.

(iii) The planning director shall respond to each such application within sixty days after receiving it by either approving or denying the application.

(iv) In connection with any such administrative approval, the planning director may, in order to encourage shared use, administratively waive any setback requirements or separation distances between towers in the base zone by up to fifty percent.

(v) In connection with any such administrative approval, the planning director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(vi) If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to this chapter prior to filing any special appeal that may be available under the Brawley Municipal Code.

d. List of Administratively Approved Uses. The following uses may be approved by the planning director after conducting an administrative review:

(i) Locating a tower, antenna or facility, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or heavy commercial zone or a grouped facility.

(ii) Locating antennas or existing structures or towers consistent with the terms of subsections (A) and (B) of this subsection.

(A) Antennas on existing structures. Any antenna, which is not attached to a tower, may be approved by the planning director as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:

(1) The antenna does not extend more than thirty feet above the highest point of the structure;

(2) The antenna complies with all applicable FCC and FAA regulations;

(3) The antenna complies with all applicable building codes.

(B) Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the planning director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

(1) A tower which is modified or reconstructed to accommodate to co-location of an additional antenna shall be of the same tower type as the existing tower, unless the planning director allows reconstruction as a monopole.

(2) Height.

(a) An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet over the tower's existing height, to accommodate the co-location of an additional antenna.

(b) The height change referred to in subsection (2)(a) may only occur one time per communication tower.

(c) The additional height referred to in subsection (3)(a) shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separation.

(3) Onsite location.

(a) A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within fifty feet of its existing location.

(b) After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.

(c) A relocation onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to the base zone.

(d) The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands shall only be permitted when approved by the planning director.

(iii) New towers in non-resident zones. Locating any new tower in a non-resident zone other than industrial or heavy commercial, provided a licensed professional engineer certifies that the tower can structurally accommodate the number of shared users proposed by the applicant; the planning director concludes the tower is in conformity with the goals and requirements of this chapter; the tower meets all setback and separation requirements of the base zone; and the tower meets the following height and usage criteria:

(A) For a single user, up to ninety feet in height;

(B) For two users, up to one hundred twenty feet in height;

(C) For three or more users, up to one hundred twenty feet in height; and

(D) For four or more users up to one hundred eighty feet in height.

(iv) Locating any alternative tower structure in a zone other than industrial or heavy commercial that in the judgment of the planning director is in conformity with the goals set forth in Section 8C.2 of this chapter.

(v) Installing a cable microcell network through the use of multiple low-powered transmitters/ receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

2. Conditional Use Permit before the Planning Commission. All other communication facilities or any facility requiring an exception to these regulations shall require a conditional use permit with a public hearing before the planning commission.

a. Qualifying Facilities. A conditional use permit is required for any communication facility that is not exempt under these regulations and that does not qualify for a conditional use permit before the planning director.

b. Required Findings. In order for the planning commission to approve a proposed communication facility under a conditional use permit, the commission shall make the findings required for a conditional use permits as well as the following additional findings:

(i) No alternative site or design is available that would allow for issuance of a conditional use permit before the planning director for the facility. This finding shall be based on the results of an Alternatives Analysis, as described in Section 8C.7, below.

(ii) The facility either (A) does not require an RF Environmental Evaluation Report as described in Section 8C.9, or (B) the RF Environmental Evaluation Report for the facility shows that the cumulative radio-frequency exposure emitted by the facility and any near-by facilities will be consistent with FCC regulations.

(iii) The facility blends in with its existing environment and will not have significant visual impacts.

c. Conditional Use Permit Process. Applications for conditional use permits under this subsection shall conform to the requirements of this section, and shall be subject to the procedures and requirements relating to the granting of conditional use permits.

d. Conditions. In granting a conditional use permit, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effects if the proposed facilities on adjoining properties.

e. Professional Engineer. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

3. Encroachment Permits.

a. Prior to commencing work on city streets, encroachment permits from the building department shall be obtained. Plans, specifications and drawings which depict detail of the extent of work shall be submitted with the application.

b. The city public works department will, as a condition of issuance of the permit, specify trench backfill requirements including, but not limited to, asphalt replacement, depending on the location of the trench.

c. A fee, intended to cover all of city's costs associated with issuance of the permit shall be paid prior to issuance of an encroachment permits.

(Ord. No. 2000-09, § 1.)