Chapter 5 — PERMITTING REQUIREMENTS

92405.01 - Permitting and application requirements.

A.

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

1.

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

a.

Receive-only radio and television antennas and satellite dishes or antennas that do not qualify for exemption under Section 92401.3, including multiple antennas or dishes on a single parcel.

b.

Amateur radio facilities that do not qualify for exemption under Section 92401.3. When required, a conditional use permit before the planning director shall be granted to amateur radio operators with no fee.

c.

Communication facilities installed on publicly owned property, regardless of zone, provided they comply with the general requirements in Section 92401.04 and hold an executed license or lease agreement.

d.

Co-located communication facilities, regardless of zone, provided they comply with the general requirements in Section 92401.04.

2.

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:

a.

The facility complies with all applicable Section 92401.04.

b.

The facility either 1) does not require an RF Environmental Evaluation Report as described in Section 92408. 08, or 2) the RF Environmental Evaluation Report for the facility shows that the cumulative radio-frequency energy emitted by the facility and any near-by facilities will be consistent with FCC regulations.

c.

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

3.

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

a.

Each applicant for administrative approval shall apply to the planning director providing the information and fees set forth in Sections 92401.09 of this ordinance [Title].

b.

The planning director shall review the application shall review the application for administrative approval and determine if the proposed use complies with Sections 92401.04 and 92401.05 of this ordinance [Title].

c.

The Planning Director shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application.

d.

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 (50) percent.

e.

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.

f.

If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to Section 91401.05(B) prior to filing any special appeal that may be available under the Title 9.

4.

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

a.

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.

b.

Locating antennas or existing structures or towers consistent with the terms of subsections (1) and (2) below.

(1)

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:

(a)

The antenna does not extend more than thirty (30) feet above the highest point of the structure;

(b)

The antenna complies with all applicable FCC and FAA regulations;

(c)

The antenna complies with all applicable building codes.

(2)

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, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(a)

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

(b)

Height.

(i)

An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, to accommodate the collocation of an additional antenna.

(ii)

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

(iii)

The additional height referred to in subsection (c)(i) shall not require an additional distance separation. The tower's pre-modification height shall be used to calculate such distance separation.

(c)

Onsite location.

(i)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location.

(ii)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(iii)

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.

(iv)

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.

c.

New towers in non-residential zones. Locating any new tower in a non-residential 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 set forth in 92401.00 and the requirements of Section 92401.04; the tower meets all setback and separation requirements of the base zone; and the tower meets the following height and usage criteria:

(1)

For a single user, up to ninety (90) feet in height;

(2)

For two users, up to one hundred twenty (120) feet in height; and

(3)

For three or more users, up to one hundred twenty (120) feet in height.

(4)

For four or more users up to one hundred eighty (180) feet in height.

d.

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 92401.00 of this Ordinance [Title].

e.

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.

B.

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.

1.

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.

2.

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 permit, as well as the following additional findings:

a.

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 92401.06, below.

b.

The facility either 1) does not require an RF Environmental Evaluation Report as described in Section 92401.08, or 2) the RF Environmental Evaluation Report for the facility shows that the cumulative Radiofrequency exposure emitted by the facility and any near-by facilities will be consistent with FCC regulations.

c.

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

3.

Conditional Use Permit Process. Applications for conditional use permits under this subsection shall conform to the requirements of Section 92401.04 and shall be subject to the procedures and requirements of Title 9 relating to the granting of conditional use permits.

4.

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.

5.

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. The director of the planning and development services department shall determine if the information is of engineering nature, if any information is challenged, using valid supporting information.

(Ord. No. 1504, §§ 81, 82, 12-9-14; Ord. No. 1587, §§ 1, 2, 12-5-23)

Chapter 6 - ALTERNATIVES ANALYSIS/INFORMATION REQUIRED

92406.01 - Alternatives analysis.

For a facility requiring a conditional use permit before the planning commission, an alternatives analysis shall be prepared by or on behalf of the operator, as described below:

A.

Alternatives to be Considered. The alternatives analysis shall consider alternative locations and designs for the proposed facility, including those which would not require a conditional use permit. At a minimum, alternatives included in the analysis shall include:

1.

Co-location at all existing communication facilities whether in the unincorporated area of the county, a city or an adjacent county,

2.

Lower, more closely spaced communication facilities; and

3.

Mounting on any existing nonresidential structure within one-half-mile of the proposed facility in the unincorporated area of Imperial County.

The alternatives analyzed shall be approved by the planning director. For facilities to be located near an incorporated city, the analysis shall also explain why siting within the city is not possible.

B.

Findings. The alternatives analysis shall show whether or not the proposed siting and design would have the least possible environmental and visual effect on the community and whether any alternative site or design is available that would allow for issuance of a conditional use permit before the planning director for the facility.

C.

Review. The planning director may, at his/her discretion, employ on behalf of the county an independent technical expert to review this alternatives analysis. The operator shall bear the reasonable costs of this review.

(Ord. No. 1504, §§ 81, 82, 12-9-14)

Chapter 7 - VISUAL ANALYSIS

92407.01 - Visual analysis.

For a facility requiring review before the planning commission and located within one-half-mile of a designated scenic highway, a visual analysis shall be prepared by or on behalf of the operator, as described below. This visual analysis shall demonstrate compliance with provisions of the Imperial County General Plan.

A.

Contents. The visual analysis shall include at a minimum the following contents.

1.

A map of the visual units (as defined in the scenic highway element) from which the proposed facility will be visible.

2.

A map of foreground and distant view components, as defined by the scenic highway element.

3.

A narrative discussion of the visual impact of the proposed facility based on the items above.

B.

Findings. The visual assessment shall compare the proposed facility's visual impacts to the criteria contained in the Imperial County General Plan circulation and scenic highway element. It shall make conclusions as to whether the facility would comply with the element and suggest changes to the facility that would make it more compatible with the element.

(Ord. No. 1504, §§ 81, 82, 12-9-14)