Vertical Bridge Development, LLC v. Calexico City Council

I. BACKGROUND

25 Plaintiff Vertical Bridge Development, LLC places, constructs, modifies,

26 operates, and manages telecommunication infrastructure, including cell towers for

27 cellular service providers. (ECF No. 10, First Amended Complaint (“FAC”) at ¶¶

28 13-14). 1 California. (Id. at ¶ 34). Plaintiff located an area zoned for residential 2 condominium use (“Property”). (Id. at ¶ 38). 3 On February 22, 2021, Plaintiff submitted its application for a conditional 4 use permit and request for a height variance to construct a cell tower on the 5 Property (“Application”). (Id. at ¶ 40). 6 On April 21, 2021, the Planning Division of the Development Services

Department of the City notified Plaintiff that the proposed cell tower is a “public

utility facility,” which is not permitted as a conditional use in residential zones. (Id.

at ¶¶ 42-43). Plaintiff had to request a similar use determination to have the

proposed cell tower classified as a “public facility.” (Id. at ¶ 44). Plaintiff also

required two variances, a height variance and rear setback variance. (Id. at ¶ 45).

On May 19, 2021, Plaintiff supplemented its Application to include the

setback…