Airtouch Cellular v. City of El Cajon

ORDER

(1) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND/OR FOR SUMMARY ADJUDICATION

(2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT RE: FIRST AND SIXTH CLAIMS FOR RELIEF

I. Introduction

Before the Court are two motions: (1) Plaintiffs Motion for Summary Judgment re: First and Sixth Claims for Relief, and (2) Defendants’ Motion for Summary Judgment and/or Summary Adjudication of Issues.

II. Background

The zoning ordinances of the City of El Cajon (hereinafter “City”) permit cellular antennas in any zone provided a conditional use permit is granted. (Plaintiffs Request for Judicial Notice (“RJN”), Ex. D, El Cajon Zoning Ordinance § 17.60.040(Y).) On December 21, 1998, Plaintiff AirTouch Cellular (“AirTouch” or “Plaintiff’) filed with the City Application No. 1773 for a conditional use permit (“CUP”) to construct and maintain wireless communication facilities on top of and adjacent to a water tower owned by the Padre Dam Municipal Water District. (Administrative Record (“AR”), Ex. 57.) The water tower is in the Fletcher Hills area of the City in an “R-S-9-H” (Residential Suburban, 9000 sq. ft.) zone. (AR at Ex. 47, 499.) AirTouch sought to build an unmanned facility…