HomeMy WebLinkAbout00-04 CC OrdinanceORDINANCE NO. 2000-04
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ADDING CHAPTER 17.40 TO THE
TEMECULA MUNICIPAL CODE REGULATING
TELECOMMUNICATION FACILITIES AND ANTENNAS AND
MAKING OTHER MINOR MUNICIPAL CODE AMENDMENTS
(PLANNING APPLICATION PA97-0242)
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1.
a) Public hearings have been held before the Planning Commission, on March 17,
2000, and City Council of the City of Temecula, State of California, on May 23, 2000, pursuant
to the Planning and Zoning law of the State of California, and the Municipal Code of the City of
Temecula.
b) The adoption of Chapter 17.40 and its inclusion into the Temecula Municipal
Code is intended to establish the beneficial design and development standards directed to be
developed by City Council Ordinance No. 99-17. Ordinance No. 99-17 recognized and
incorporated the direction arising under federal policy that all moratoriums on the development
of wireless telecommunications facilities be terminated at the earliest possible time. There
continues to be a demand to expand the scope of wireless telecommunications facility
coverage. The proponents of such facilities desire to have the City Council and the federal
directlye that the development moratorium be terminated, at the earliest possible date, be
carried out.
c) Pursuant to California Government Code Sections 36934 and 36937, the City
Council hereby finds and determines that the immediate preservation of the public peace, health
and safety, and the furtherance of the directives discussed above, necessitates the immediate
enactment of this Ordinance for the facts discussed above and upon the facts presented to this
Council.
Section 2. Chapter 17.40 is hereby added to the Temecula Municipal Code to read as
follows:
"CHAPTER 17.40
TELECOMMUNICATIONS FACILITY AND ANTENNA ORDINANCE
17.40.010 Purpose
The purpose and intent of this chapter is to provide a uniform and comprehensive set of
standards for the installation and maintenance of telecommunication facilities and antennas to
achieve the goals, objectives and policies of the Temecula General Plan. It is furthermore
intended that, to the extent permitted by law, the City shall apply these regulations to specifically
accomplish the following:
A. Protect and promote public health, safety and welfare of the citizens of
Temecula;
R:Ords 2000-04 I
B. Protect the visual character of the City from the potential adverse effects of
telecommunication facility development and antenna installation by maintaining
architectural and structural integrity and preventing unsightly facilities;
C. Insure against the creation of visual blight within or along the City's scenic
corridor and ridgelines;
D. Retain local responsibility for and control over the use of public right-of-way to
protect citizens and enhance the quality of their lives;
E. Protect the inhabitants of Temecula, to the extent permitted by law, from the
possible adverse health effects associated with exposure to high levels of NIER (non-
ionizing electromagnetic radiation);
F. Protect environmental resources in and around Temecula;
G. Promote the planned and managed development of telecommunications
infrastructure;
H. Promote fair and effective telecommunication services and insure that a broad
range of competitive telecommunications services with high quality telecommunications
infrastructure are available to serve the community;
I. Create and preserve telecommunication facilities that will serve as an important
and effective part of Temecula's emergency response network;
J. Establish simplified and shortened approval processes for obtaining permits to
install and operate telecommunication facilities while at the same time protecting the
legitimate interests of Temecula citizens to the maximum extent possible;
K. Ensure area access to satellite telecommunications services; and
L. Encourage the co-location of new telecommunication antennas.
Furthermore, it is the stated goal of the City of Temecula that these local restrictions and
regulations shall not preclude the reception of acceptable signal quality, create an unreasonable
delay, prevent, or increase the cost of installing, maintaining and using these facilities. It is also
the stated intent of this Chapter to provide a public forum to insure a balance between public
concerns and private interests in establishing telecommunication and related facilities.
17.40,020 General Requirements for all Telecommunication Facilities and Antennas
No non-exempt telecommunication facility or antenna shall be constructed or operated without
the appropriate City entitlement. All non-exempt telecommunication facilities and antennas shall
meet the following general requirements and standards.
A. Be consistent with applicable General Plan Goals, Objectives, Programs and
Policies, Specific Plan, Planned Development Overlay (PDO) Standards, Design
Guidelines, and the permit requirements of any agency which has jurisdiction over
the project;
R:Ords 2000-04 2
B. Meet all the requirements established by the other chapters of the Temecula
Municipal Code and Temecula Development Code that are not in conflict with the
requirements contained in this chapter;
C. Comply with all applicable FCC rules, regulations, and standards;
D. No antenna, antenna array, or wireless telecommunications antenna arrays shall
be located within any recognized local or national historic district, or on a
structure recognized as a local or national historic landmark, unless screening
has been provided to completely camouflage the facility;
E. Comply with the Uniform Building Code, National Electric Code, Uniform
Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where
applicable;
F. Comply with applicable Airport land use compatibility criteria/policies and Federal
Aviation Administration regulations;
G. Antennas shall be constructed of metal or other non-fiammable material, unless
specifically approved by the City to be otherwise;
H. Shall not be installed in any location where it could impede normal vehicular or
pedestrian circulation, ingress to, or egress from any building, structure, or parking
facility;
I. Maintain applicable easements or similar restrictions on the subject property;
J. All setbacks shall be measured from the base of the tower or structure to the
applicable property line or structure and shall not be situated between the primary
building on the parcel and any public or private street adjoining the parcel, so as to
create a negative visual impact;
K. Maintain a security program when determined to be necessary by, and subject to
the review and approval of, the Temecula Police Department that will prevent
unauthorized access and vandalism;
L. Satellite earth station antennas (dishes and parabolic antennas) larger than 1
meter in diameter shall be situated as close to the ground as possible to reduce
visual impact without compromising their function;
M. All references to different zones and zoning districts shall also be construed to
mean the planning areas in an approved Specific Plan;
N. Shall not contain or add advedising or signs to telecommunications facilities and
antennas. Not withstanding the previous, the co-location of telecommunications
antennas onto legally established sign structures is not prohibited. The location of
wireless telecommunication antennas shall be considered on a case by case basis
where the intent of the support structure is for advertising purposes only and the
structure complies with all applicable sign ordinance requirements; and
R:Ords 2000-04 3
O. Not withstanding the provisions of Subsection N above, all fleestanding
telecommunication sites shall provide unlight identification signage of not more than
three (3) square feet. The sign shall indicate the name of the company operating the
facility and shall provide a phone number to be called in an emergency. The sign
should be located near the entrance to the support facility.
17.40.025 Publicly Owned Property
The provisions of this Chapter shall also apply to the placement of non-exempt wireless
telecommunication facilities and antennas on publicly owned property within the City of
Temecula.
17.40.030 Application Requirements
All applications for non-exempt telecommunications facilities and antennas shall comply with the
submittal requirements authorized by Section 17.03.030. In addition, other specific
supplemental requirements described in this Section may also be required. The decision to
require additional information with as part of an application shall be made by, and be at the sole
discretion of, the planning director.
A. Examples of supplemental project information that may be required include the
following:
1. Service area and network maps;
2. Alternative site analysis and alternative facility designs. The analysis
shall identify all reasonable, technically feasible, alternative locations and/or
facilities which could provide the proposed telecommunication service. The
analysis shall address the potential for co-location at an existing or a new site
and the potential to locate facilities as close as possible to the intended service
area. It shall also explain the rationale for selection of the proposed site in view of
the relative merits of any of the feasible alternatives. The intention of the
alternatives analysis is to present alternative strategies which would minimize the
number, size, and adverse environmental impacts of facilities necessary to
provide the needed services to the City and surrounding rural and urban areas;
3. Visual impact analyses or demonstrations (including mock-ups and/or
photomontages). Consideration shall be given to views from public areas as well
as from private residences. The analysis shall be "worst case" and shall assess
the cumulative impacts of the proposed facility and other existing and
foreseeable telecommunication facilities in the area, and shall identify and
include all feasible mitigation measures consistent with the technological
requirements of the proposed telecommunication service; and
4. Information on the location of other nearby telecommunication facilities
within the city limits of Temecula and within one mile of the proposed facility;
B. Special design studies of the proposed facilities where findings of particular
sensitivity will have to be made (e.g. proximity to historic or aesthetically significant
structures, views and/or community facilities.)
R:Ords 2000-04 4
C. The planning director is explicitly authorized at his/her discretion to employ on
behalf of the City an independent technical expert to review any submitted supplemental
or technical materials or provide technical knowledge to the City. The technical expert
shall be agreeable to both the City and the service provider. The applicant shall pay all
the costs of said review, including any administrative costs incurred by the City.
D. Any proprietary information that is disclosed to the City or any expert hired shall
be located in a separate private file, shall remain confidential, and shall not be disclosed
to any third party.
17.40.040 Determination of Height
The height of the support structure must be the minimum necessary to provide the required
coverage. Antenna and structure heights are determined in the following manner.
A. For ground mounted antennas: The height of the antenna structure shall be
measured from the natural undisturbed ground surface below the center of the base of
the tower to the top of the tower or from the top of the highest antenna or piece of
equipment attached thereto, whichever is greater.
B. For building mounted antennas: The height of the antenna structure shall be
measured from the top of the building roof on which the antenna is mounted to the top of
the antenna or screening structure, whichever is higher. The height of antenna
structures that are attached to a building shall be measured from the top of the building
roof.
C. In the case of "crank-up" or other similar towers, whose height can be adjusted,
the height of the tower shall be considered the maximum height to which it is capable of
being raised.
17.40.050
Non-Exempt Telecommunication Facilities and Antennas in Residential
Zones
Non-exempt facilities may be installed, erected, maintained and/or operated in any residential
zoning district, except within recognized historic districts, where such antennas are permitted
under this title, without the need for a use permit or other entitlement. The following wireless
communication facilities are permitted as accessory uses if in compliance with the requirements
of this Section.
A. Any satellite earth station antenna designed to receive direct broadcast satellite
service, including direct-to-home satellite services and multi-channel multi-point
distribution services, provided that such antenna is one meter (39.4 inches) or less in
diameter.
1. If the diameter of the antenna is 18 inches or less, the antenna may
extend above the ridgeline of a roof only to a height that is reasonably necessary
to ensure the reception of broadcast signals of an acceptable quality.
R:Ords 2000-04 5
2. If the diameter of the antenna exceeds 18 inches, but does not exceed 39
inches, then the antenna may not extend above the ridgeline of a roof.
B. Any satellite earth station antenna that is designed to be a receive only dish
antenna that is less than ten and one-half (10.5) feet in diameter. Provided that the top
the antenna does not extend more than 12 feet above the ground.
C. Any vertical antenna that is designed solely to receive television broadcast
signals. Such an antenna, if ground-mounted, shall be no more than (10) feet in height.
If the antenna is building-mounted the height of the antenna may not exceed more than
ten (10) feet above the roof.
D. Any citizens band or amateur radio antenna for a licensed amateur radio
operator provided that the maximum height of the antenna does not exceed thirty five
(35) feet above the ground surface.
E. The following requirements apply to all facilities described in this Section.
1. The antenna is accessory to the primary use of the property and that the
use of the property is not a telecommunications facility;
2. Exempt antennas do not need a written approval from the planning
director provided they comply with the provisions of this chapter;
3. Shall not be located within the front yard setback or the actual front yard
unless proven by substantial evidence that no other location for the antenna is
possible;
4. Sufficient anti-climbing measures have been incorporated into the facility,
as needed, to reduce potential for trespass and injury; and,
5. In any historic area, satellite dishes and parabolic antennas must be
situated as close to the ground as possible to reduce visual impact without
compromising their function.
F. For a single family structure, no more than one (1) support structure for a citizens
band or licensed amateur radio antenna and two (2) satellite dishes (or vertical radio or
television antennas), provided that only one dish antenna is larger than one meter (39.4
inches) in diameter, are allowed. For an attached residential structure, no more than
one meter (39 inches) in diameter dish is allowed per unit.
17.40.060
Non-Exempt Telecommunication Facilities and Antennas in Non-residential
Zones
Non-exempt facilities may be installed, erected, maintained and/or operated in any non-
residential zoning district, except within recognized historic districts, where such antennas are
permitted under this title, without the need for a use permit or other entitlement. The following
wireless communication facilities are permitted as accessory uses if in compliance with the
requirements of this Section.
A. Up to two vertical antennas that are less than fifteen (15) feet in height above the
R:Ords 2000-04 6
roof of a commercial or industrial building.
B. Any satellite eadh station antenna designed to receive direct broadcast satellite
service, including direct-to-home satellite services and multi-channel multi-point
distribution services, provided that such antenna is two meters (78 inches) or less in
diameter.
1. If the diameter of the antenna is 18 inches or less, the antenna may
extend above the ridgeline of a roof only to a height that is reasonably necessary
to ensure the reception of broadcast signals of an acceptable quality.
2. If the diameter of the antenna exceeds 18 inches, but does not exceed
39.4 inches, then the antenna may not extend above the ridgeline of a roof
unless it is screened from public view by an integrated architectural design
feature only to a height that is reasonably necessary to ensure the reception of
broadcast signals of an acceptable quality.
C. The following requirements apply to all facilities described in this Section.
1. The antenna is accessory to the primary use of the property and that the
use of the property is not a telecommunications facility;
2. Exempt antennas do not need a written approval from the planning
director provided they comply with the provisions of this chapter;
3. Shall not be located in the front yard and street setbacks unless proven
by substantial evidence that no other location for the antenna is possible;
4. Sufficient anti-climbing measures have been incorporated into the facility,
as needed, to reduce potential for trespass and injury;
5. Utility or accessory equipment must be located within a completely
enclosed building or otherwise screened from view; and
6. In any historic area, satellite dishes and parabolic antennas must be
situated as close to the ground and screened from public view to reduce visual
impact without compromising their function.
17.40.070 Administrative Approval of Telecommunications Facilities and Antennas
A. The planning director may administratively approve a development plan for any
wireless communications facility or antenna in a commercial, industrial, public
institutional, open space, or public park and recreation zoning district subject to
administrative design review (i.e. an administrative development plan). The facilities and
antennas that are subject to administrative design review are as follows:
1. Any building or roof mounted antenna that extends above the top of the
parapet wall by less than twelve (12) feet and is fully screened from public view.
Antennas on pitched roof surfaces are not eligible for administrative design
review.
R:Ords 2000-04 7
2. Three (3) or more vertical antennas, or any vertical antenna that extends
more than fifteen (15) feet above the roof line of a commercial or industrial
building.
3. Any dish antenna that is larger than two (2) meters in diameter.
B. An increase in the height or size of a previously installed and approved antenna
or structure by no more that twenty (20) percent of the original approval.
C. The co-location of a new antenna onto a building where another antenna is
located.
D. The following requirements apply to all the facilities described in this Section.
1. All utility or accessory equipment must be screened from view;
2. The screening material and antenna, if visible, shall be amhitecturally
integrated into the building or structure; and,
3. No variance or minor exception is required to approve the
telecommunication facility or antenna.
E. The planning director shall either approve the application within thirty (30) days of
receiving a complete application or refer the application to either a director hearing or the
planning commission for consideration at the next regularly scheduled meeting.
F. Telecommunication facilities and antennas that are described in paragraphs A
and B above, shall be processed in accordance with the provisions of either Section
17.40.080 or 17.40.090, at the sole discretion of the planning director, whenever the
following occurs:
1. A variance or minor exception is necessary to approve the proposed
telecommunication facility or antenna; and/or
2. The telecommunication facility or antenna is located in a zoning district
not listed in this Section.
17.40.080 Planning Director Approval of Telecommunication Facilities and Antennas
A. Antennas that comply with the following criteria are permitted in any residential
zoning district subject to the requirements of a minor conditional use permit (i.e. a
conditional use permit for an existing building). The planning director may act on the
application or may refer the application the planning commission for its consideration at
its next available scheduled meeting.
1. Any citizens band or amateur radio antenna for a licensed amateur radio
operator that has a maximum height of between thirty five (35) feet and fifty (50)
feet above the ground surface.
2. Any vertical antenna that is designed solely to receive television
broadcast signals that if ground-mounted, is more than ten (10) feet; or if the
R:Ords 2000-04 8
antenna is building-mounted the height of the antenna exceeds ten (10) feet
above the roof.
B. Wireless communications facilities that comply with the following criteria are
permitted in any commercial, industrial, public institutional, open space, or parks and
recreation zoning districts subject to the requirements of a minor conditional use permit
(i.e. a conditional use permit for an existing building). The planning director may act on
the application or may refer the application the planning commission for its consideration
at its next available scheduled meeting.
1. Any building or roof mounted antenna that does not extend above the top
of the parapet wall by more than twelve (12) feet above and that is screened from
public view; including any antennas proposed to be located on pitched roof
surfaces.
2. Antennas mounted on other existing structures, such as water tanks,
pump stations, utility poles, or ball field lighting. Not withstanding the above,
antennas mounted on existing structures are not limited to commercial or
industrial zones.
3. The co-location a new antenna to an existing approved support structure
without an increase in height.
C. Additional antenna or dishes up to 4 feet in diameter, provided that the additional
antenna or dishes do not exceed more than twenty five percent (25%) of the existing
antennae or dishes in number, area or height.
D. The following requirements apply to all the facilities described in this Section.
1. All utility or accessory equipment must be screened from view; and,
2. The screening material shall be architecturally integrated with the
building, structure, or landscaping so as not to be recognizable as an antenna or
accessory equipment structure.
17.40.090
Planning Commission Approval of Telecommunications Facilities and
Antennas
A. All other wireless telecommunication facilities and antennas that are not
specifically exempted from regulation or are described in Sections 17.40.050, 17.40.060,
17.40.070 and 17.40.080, including the approval of a request for a multi-user site, as
well as all monopoles and towers shall be subject to the approval of a conditional use
permit by the planning commission.
B. Exceptions to the requirements specified within this Chapter may be granted
through issuance of a conditional use permit by the planning commission. Such a permit
may only be approved if the planning commission finds, after receipt of substantial
evidence, that failure to adhere to the standard under consideration in each specific
instance will not increase the visibility of the facility or adversely effect the public health,
safety or welfare.
R:Ords 2000-04 9
C. A conditional use permit authorizing the establishment of a telecommunication
facility or antenna may be reviewed whenever the City determines that circumstances
warrant the review.
17.40.100 Revocation of Development Plans and Conditional Use Permits
The revocation of a development plan and conditional use permit for a telecommunication
facility or antenna shall be undertaken in conformance with the provisions of Section 17.03.080
of the Temecula Municipal Code. In addition to the revocation findings set forth in Subsection
17.03.080.A., a development plan or conditional use permit for a telecommunication facility or
antenna may also be revoked for any of the following reasons:
A. The facility has failed to comply with any applicable Federal standards;
B. The operation fails to comply with the requirements of this chapter as they exist
at the time of permit renewal,
C. The facility has not been upgraded to minimize its impacts (including aesthetics)
on the community to the greatest extent permitted by the technology that exists at the
time of renewal;
D. The permittee has failed to supply assurances acceptable to the planning director
that the facility will be brought into compliance within one hundred twenty (120) days, or
E. The facility has not been properly maintained.
17.40.110 General Requirements - Location and Facility Separation
All wireless telecommunication facilities shall be located so as to minimize their visibility and the
number of separate and distinct facilities. To this end all of the following measures shall be
implemented for all telecommunications facilities and antennas, except exempt facilities, shall
comply with the following locations requirements:
A. No telecommunication facility or antenna that is readily visible from off-site shall
be installed on a site that is not already developed with telecommunication facilities or
other public or quasi-public uses unless it blends with the surrounding existing natural
and man-made environment in such a manner so as to be effectively unnoticeable or
technical evidence acceptable to the approval authority is submitted showing a clear
need for this facility and the infeasibility of co-locating it on another antenna or
establishing a multi-user site.
B. The antenna shall be located outside all yard and street setbacks specified in the
zoning district in which the antenna is to be located unless technical evidence
acceptable to the planning director or planning commission, as appropriate, is submitted
showing that this is the only technically feasible location for this facility.
C. Telecommunication facilities and antennas shall not be located closer than
seventy-five (75) feet from any residential dwelling unit, unless technical evidence
acceptable to the approval authority is submitted showing that this is the only technically
feasible location for this facility or unless permitted pursuant to an agreement described
R:Ords 2000-04 10
in Section 17.40.220.
D. No telecommunication facility or antenna that is readily visible from off-site shall
be installed closer than one thousand (1000) feet from another readily visible
telecommunication facility or antenna unless it is a co-located facility, is situated on a
multiple-user site, or technical evidence acceptable to the planning director is submitted
showing a clear need for this facility and the infeasibility of placing the antenna in a co-
located or multi-user site. This provision does not apply to architecturally integrated
building-mounted facilities or to facilities permitted pursuant to an agreement described
in Section 17.40.220.
E. No new telecommunication facility or antenna that exceeds fifteen (15) feet in
height shall be installed on an exposed prominent ridgeline greater than one thousand
three hundred and fifty (1350) feet above mean sea level, unless it blends with the
surrounding existing natural and man-made environment in such a manner as to be
effectively unnoticeable and a finding is made that no other location is technically
feasible.
17.40.120 General Requirements - Basic Tower and Building Design
All wireless telecommunication facilities, except exempt facilities, shall be designed to blend into
the surrounding environment to the greatest extent feasible. To this end all the following
measures shall be implemented:
A. Telecommunication towers taller than thirty-five (35) feet shall be monopoles
except where satisfactory evidence is submitted to the approval authority that a self-
supporting tower is required to provide the height and/or capacity necessary for the
proposed telecommunication use to minimize the need for screening from adjacent
properties.
B. All buildings, poles, towers, antenna supports, antennas, and other components
of each telecommunications site shall be treated with non-reflective colors to offer
concealment. Galvanized metal or gray paint is the preferred color.
C. Satellite dishes other than microwave dishes shall be of mesh construction,
except where technical evidence is acceptable to the planning director or planning
commission, as appropriate, is submitted showing that this is infeasible.
D. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and
equipment enclosures) in the public right-of-way shall be constructed out of non-
reflective materials (visible exterior surfaces only) and shall be placed in underground
vaults to all extent possible.
E. Telecommunication support facilities in areas of high visibility shall be sited below
the ridgeline or designed, where possible, to minimize their profile (i.e., placed
underground, depressed, or located behind berms).
F. Freestanding above ground telecommunication support facilities shall be no taller
than one story (about fifteen feet) in height and shall be constructed to look like a
building or facility typically found in the area.
R:Ords 2000-04 11
G. Telecommunication facilities shall insure that sufficient anti-climbing measures
have been incorporated into the facility, as needed, to reduce potential for trespass and
injury.
17.40.130 General Requirements - Airports and Helipads
All wireless telecommunication facilities and antennas located at or near any airport or helipad
shall comply with the following measures:
A. No telecommunication facility or antenna shall be installed within the safety zone
of any airport or any helipad unless the Airport Land Use Commission indicates that it
will not adversely affect the operation of the airport or helipad.
B. No telecommunication facility or antenna shall be installed at a location where
special painting or lighting will be required by the FAA regulations unless technical
evidence acceptable to the planning director or planning commission, as appropriate, is
submitted showing that this is the only technically feasible location for this facility.
C. Where tower lighting is required, it shall be shielded or directed to the greatest
extent possible in such a manner as to minimize the amount of light that falls onto
nearby properties, particularly residences.
17.40.140 General Requirements - Co-located and Multiple-user Facilities
The co-location of wireless telecommunication antennas is encouraged. The establishment of
multiple-user facilities may be approved if the creation of a multiple-user site will reduce the
overall impacts on the community.
A. All co-located and multiple-user telecommunication facilities shall be designed to
promote facility and site sharing. Telecommunication towers and necessary
appurtenances, including but not limited to, parking areas, access roads, utilities and
equipment buildings shall be shared by site users to minimize the impacts on the
community.
B. Facilities that are not proposed to be co-located with another telecommunication
facility or antenna shall provide a written explanation why the subject facility is not a
candidate for co-location. Co-location of facilities is not required if, at the sole discretion
of the planning director, it may compromise proprietary data, equipment or technology.
C. The facility shall make available unutilized space for co-location of other
telecommunication facilities, including space for these entities providing similar,
competing services. A good faith effort in achieving co-location shall be required of the
host entity. Requests for utilization of facility space and responses to such requests
shall be made in a timely manner and in writing and copies shall be provided to the
planning director.
D. Co-location is not required in cases where the addition of the new service or
facilities would cause quality of service impairment to the existing facility or if it becomes
necessary for the host to go off-line for a significant period of time.
E. Approval for the establishment of facilities improved with an existing microwave
R:Ords 2000-04 12
band or other public service use or facility, which creates interference or interference is
anticipated as a result of said establishment of additional facilities, shall include
provisions for the relocation of said existing public use facilities. All costs associated
with said relocation shall be borne by the applicant for the additional facilities.
17.40.150 General Requirements -Vegetation Protection and Facility Screening
All wireless telecommunications facilities and antennas shall be installed in such a manner so
as to maintain and enhance existing native and/or landscaped vegetation to screen the facility,
where necessary. The following measures shall apply to all telecommunication facilities, except
exempt facilities.
A. If a telecommunication facility requires the installation of landscaping for
screening or erosion control, a landscape plan shall be submitted. The Plan shall
indicate all existing vegetation, identify landscaping that is to be retained on the site and
any additional vegetation that is needed to satisfactorily screen the facility from adjacent
land uses and public view areas. All existing trees larger than four (4) inches in diameter
shall be identified in the landscape plan with indication of species type, the diameter at a
height of four and one-half (4¼) feet, and whether it is to be retained or removed with
project development. The landscape plan shall be subject to review and approval of the
appropriate use permit process;
B. Existing trees and other screening vegetation in the vicinity of the facility and
along the access roads and power/telecommunication line routes involved shall be
protected from damage, both during the construction period and thereafter. If
determined to be necessary by the planning director, a Tree Protection Plan for non-
eucalyptus heritage trees, oak trees, or other trees of local impodance, shall be
submitted with building permit or improvement plan. This Plan shall be prepared by a
certified arborist and shall specify the measures required to protect trees during project
construction;
C. Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be
prohibited in areas with native or landscaped plants to protect areas within the drip lines
of any tree that is required to be preserved. Such areas shall be fenced to the
satisfaction of the planning director. Trash, debris, or spoil shall not be placed within
these fences nor shall the fences henceforth be opened or moved until the project is
complete and written approval to take the fences down has been received from the
planning director; and
D. All underground lines shall be routed such that a minimum amount of damage is
done to tree root systems;
E. All areas disturbed during project construction other than the access road and
parking areas shall be replanted with vegetation compatible with the vegetation in the
surrounding area (e.g., ornamental shrubs or natural brush, depending upon the
circumstances) to the satisfaction of the planning director;
F. Any existing trees or significant vegetation, on the facilities site or along the
affected access area that die shall be replaced with native trees and vegetation of a size
and species acceptable to the planning director; and
R:Ords 2000-04 13
G. No actions shall be taken subsequent to project completion with respect to the
vegetation present that would increase the visibility of the facility itself or the access road
and powe~telecommunication lines serving it.
17.40.160 General Requirements - Lighting
All wireless telecommunication facilities, except exempt facilities, shall be unlit except for a
manually-operated or motion-detector controlled light above the equipment shed door shall be
kept off except when personnel are actually present at night. This requirement is not intended
to address interior structure lighting.
17.40.170 General Requirements - Roads and Parking
All wireless telecommunication facilities, except exempt facilities, shall be served by the
minimum roads and parking areas necessary to accommodate service vehicles. Existing roads
shall be used for access, whenever possible, and be upgraded the minimum amount necessary
to meet standards specified by the Fire Chief and Director of Public Works. Any new roads or
parking areas built shall, whenever feasible, be shared with subsequent telecommunication
facilities and/or other permitted uses. Existing off site parking areas shall be used, whenever
possible.
17.40.180 General Requirements - Environmental Resource Protection
All wireless telecommunication facilities shall be sited so as to minimize the effect on
environmental resources. To that end the following measures shall be implemented for all
telecommunication facilities, except exempt facilities:
A. Natural vegetation and topography shall be retained to the extent feasible.
B. No telecommunications facility or related improvements including but not limited
to access roads and power lines shall be sited so as to create a significant threat to the
health or survival of rare, threatened or endangered plant or animal species.
C. Telecommunication facilities or related improvements shall not be sited such that
their construction will damage an archaeological site or have an adverse effect on the
historic character of a historic feature or site.
D. The facility shall comply with all applicable City Floodplain, Floodway and Storm
Drainage and Erosion Control regulations. Drainage, erosion, and sediment controls
shall be required as necessary to avoid soil erosion and sedimentation of waterways.
Structures and roads on slopes of ten (10) percent or greater shall be avoided where
practical. Erosion control measures shall be incorporated for any proposed facility that
involves grading or construction near a waterway or on lands with slopes over ten (10)
percent.
E. Potential adverse environmental and public use impacts that might result from
project related grading or road construction shall be minimized;
17.40.190 General Requirements - Noise and Traffic
R:Ords 2000-04 14
A. All wireless telecommunication facilities, except exempt facilities, shall be
constructed and operated in such a manner as to minimize the amount of disruption
imposed on the residents of immediately adjacent homes and the users of adjacent
recreational facilities.
B. Backup generators shall only be operated during power outages and for testing
and maintenance purposes. If the facility is located within one hundred (100) feet of a
residential dwelling unit, noise attenuation measures shall be included to reduce exterior
noise levels to at least a 65 dB CNEL at the property line and an interior noise levels to
at least 45 dB CNEL Routine testing and maintenance shall only take place on non-
holiday weekdays between the hours of 8:00 a.m. and 5:30 p.m.
17.40.200 General Requirements - Visual Compatibility
All wireless telecommunication facilities shall be sited so as to be visually compatible with their
surroundings. To that end the following measures shall be implemented for all
telecommunication facilities, except exempt facilities:
A. Facility structures and equipment shall be located, designed and screened to
blend with the existing natural or built surroundings so as to reduce visual impacts to the
extent feasible considering the technological requirements of the proposed
telecommunication service and the need to be compatible with neighboring residences
and the character of the community.
B. The facility shall be designed to blend with any existing suppoding structure shall
not substantially alter the character of the structure or local area.
C. Following the assembly and installation of the facility, all waste and debris shall
be removed and disposed of in a lawful manner.
17.40.210 Standard Agreements Required
A maintenance/facility removal agreement, or enforceable provisions in a signed lease that will
assure the intent of this section will be complied with, shall be signed by the applicant shall be
submitted to the planning director prior to approval of the building permit or other entitlement for
use authorizing the establishment or modification of any telecommunications facility which
includes any telecommunication tower, a new building or equipment enclosure that in aggregate
are larger than three hundred (300) square feet, more than three (3) satellite dishes of any size,
or a satellite dish larger than two (2) meters in diameter.
A. The agreement shall bind the applicant and the applicant's successors-in-interest
to properly maintain the exterior appearance of and ultimately removal of the facility in
compliance with the provisions of this chapter and any conditions of approval. It shall
further find them to pay all costs for monitoring compliance with, and enforcement of, the
agreement and to reimburse the City for all costs incurred to perform any work required
of the applicant by this agreement that the applicant fails to perform. It shall also
specifically authorize the City and/or its agents to enter onto the property and undertake
said work so long as the director has first provided the applicant the following written
notices:
1. An initial compliance request identifying the work needed to comply with
R;Ords 2000-04 15
the agreement and providing the applicant at least thirty (30) calendar days to
complete it;
A follow-up notice of default specifying the applicant's failure to comply
with the work within the time period specified and indicating the city's
intent to commence the required working within ten (10) working days;
and
3. The applicant has not filed an appeal pursuant to Section 17.03.090. If
an appeal is filed, the City shall be authorized to enter the property and perform
the necessary work if the appeal is dismissed or final action is taken in favor of
the City;
B. All costs incurred by the City to undertake any work required to be performed by
the applicant pursuant to the agreement referred to in this section including, but not limited
to, administrative and job supervision costs, shall be borne solely by the applicant. The
applicant shall deposit within ten (10) working days of written request therefor such costs
as the City reasonably estimates or has actually incurred to complete such work. When
estimates are employed, additional moneys shall be deposited as needed within ten (10)
working days of demand to cover actual costs. The agreement shall specifically require
the applicant to immediately cease operation of the telecommunication facility involved if
the applicant fails to pay the moneys demanded within ten (10) working days. It shall
further require that operation remain suspended until such costs are paid in full.
C. Standard agreements shall include, but not be limited to, the following
stipulations agreed to by the applicant:
1. Telecommunication facilities provider shall be strictly libel for any and all
sudden and accidental pollution and gradual pollution resulting from their use
within the City of Temecula. This liability shall include cleanup, intentional injury
or damage to persons or property. Additionally, telecommunication facilities
lessors shall be responsible for any sanctions, fines, or other monetary costs
imposed as a result of the release of pollutants from their operations. Pollutants
means any solid, liquid, gaseous or thermal irritant or contaminant, include
smoke, vapor, soot, fumes, acids, alkalis, chemicals, electromagnetic waves and
waste. Waste includes materials to be recycled, reconditioned or reclaimed.
2. The telecommunication facility provider shall defend, indemnify, and hold
harmless the City or any of its boards, commissions, agents, officers, and
employees from any claim, action or proceeding against the City, its boards,
commissions, agents, officers, or employees to attack, set aside, void, or annul,
the approval of the project when such claim or action is brought within the time
period provided for in applicable State and/or local statutes. The City shall
promptly notify the prorider(s) of any such claim, action or proceeding. The City
shall have the option of coordinating in the defense. Nothing contained in this
stipulation shall prohibit the City from participating in a defense of any claim
action, or proceeding if the City bears its own attorney's fees and costs, and the
City defends the action in good faith.
17.40.220 Agreement for Facilities on City Owned Property or Rights of Way
R:Ords 2000-04 16
No approval granted hereunder shall be effective until the applicant and the City have executed
a written agreement establishing the particular terms and provisions under which the right to
occupy the City owned property or right-of-way shall be used or maintained.
17.40.230 Nonexclusive Grant
No approval granted under this Chapter shall confer any exclusive right, privilege, license or
franchise to occupy or use the public ways of the City for delivery of telecommunications
services or any other purposes. Further, no approval shall be construed as any warranty of title.
17.40.240 Temporary Facilities
A. The planning director may approve, for a period of up to one hundred twenty
(120) days, a temporary antenna facility to provide service while an approved antenna
facility is being fabricated or when an existing antenna has been damaged or destroyed.
B. A pre-permanent temporary facility may only be approved after the approval
authority has approved or conditionally approved an application for a wireless
telecommunications antenna and the project proponent has signed and returned a copy
of the conditions of approval to the planning director.
C. The planning director shall approve the actual term, location, and design of the
temporary facility consistent with the goals and intent of this Chapter.
17.40.250 Nonconforming Facilities and Antennas
Any antenna constructed in violation of this chapter, or in violation of any prior ordinance or
regulation, is subject to immediate abatement. Any antenna that is lawfully constructed prior to
the effective date of this chapter that does not comply with the performance standards and
requirements of this chapter, shall be deemed a nonconforming use and will be subject to the
provisions of Section 17.03.070."
Section 3. The following items are hereby added in the appropriate alphabetical
locations of Chapter 17.34 of the Temecula Municipal Code:
A. "Antenna" means any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic waves when such
system is either external to or attached to the exterior of a structure. Antennas shall
include devices having active elements extending in any direction, and directional beam-
type arrays having elements carried by and disposed from a generally horizontal boom
that may be mounted upon and rotated through a vertical mast or tower interconnecting
the boom and antenna support, all of which elements are deemed to be a part of the
antenna. Antennas shall include cellular on wheels (COWs) and cellular on light trucks
(COLTs) facilities; as well as dispatch carriers for Specialized Mobile Radio (SMR)
services and Enhanced SMR (ESMR)
1."Antenna - Building Mounted" means any antenna, other than an
antenna with its supports resting on the ground, directly attached or affixed to a
building, tank, tower, or structure other than a telecommunication tower.
R:Ords 2000-04 17
2."Antenna - Directional" (also known as a "panel" antenna) transmits
and/or receives radio frequency signals in a directional pattern of less than 360
degrees.
3."Antenna - Ground Mounted" means any antenna with its base, single
or multiple posts, placed directly on the ground or a mast less than 10 feet tall
and 6 inches in diameter.
4. "Antenna - Vertical" means a vertical type antenna without horizontal
cross-sections greater than three-quarters of an inch in diameter.
B. "Co-location" - see telecommunication facility - co-located.
C. "Monopole" is a wireless communication facility that consists of a vertical
unguyed structure, erected on the ground to support wireless communication antennas
and connecting appurtenances.
D. "NIER" means non-ionizing electromagnetic radiation (i.e., electromagnetic
radiation primarily in the visible, infrared, and radio frequency portions of the
electromagnetic spectrum).
E. "Public Service Use Facility" means a use operated or used by a public body
or public utility in connection with any of the following services: water, waste water
management, public education, parks and recreation, fire and police protection, solid
waste management, transportation or utilities.
F. "Public Way" means and includes all public streets and utility easements, now
and hereafter owned by the City, but only to the extent of the City's right, title, interest or
authority to grant a license to occupy and use such streets and easements for
telecommunications facilities and antennas.
G, "Quasi-Public Use" means a use serving the public at large, and operated by a
private entity under a franchise or other similar governmental authorization, designed to
promote the interests of the general public or operated by a recognized civic
organization for the benefit of the general public,
H. "Readily Visible" means an object that stands out as a prominent feature of the
landscape when viewed with the naked eye.
I. "Satellite earth station antenna" means a parabolic or dish-shaped antenna or
other apparatus or device that is designed for the purpose of receiving radio or television
broadcast signals.
J. "Telecommunication Facility" means a facility that transmits and/or receives
electromagnetic signals. It includes antennas, microwave dishes, horns, and other types
of equipment for the transmission or receipt of such signals, telecommunication towers
or similar structures supporting said equipment, equipment buildings, parking area, and
other accessory development.
1. "Telecommunications Facility - Exempt" include, but are not limited
to, the following
R:Ords 2000-04 18
a. A single ground or building mounted receive-only radio or
television antenna,
b. A ground or building mounted citizens band radio antenna
including any mast,
c. A ground, building, or tower mounted antenna operated by a
federally licensed amateur radio operator as part of the Amateur Radio
Service that is less than thirty five (35) feet in height,
d. A ground or building mounted receive only radio or television
satellite dish antenna, which does not exceed one meter (39.4 inches) in
diameter,
e. Mobile services providing public information coverage of news
events of a temporary nature,
f. Hand held devices such as cell phones, business-band mobile
radios, walkie-talkies, cordless telephones, garage door openers and
similar devices as determined by the planning director, and
g. City government owned and operated receive and/or transmit
telemetry station antennas for supervisory control and data acquisition
(SCADA) systems for water, flood alert, traffic control devices and
signals, storm water, pump stations and/or irrigation systems.
2. "Telecommunication Facility Co-Located" means a
telecommunication facility comprised of a single telecommunication tower or building
supporting one or more antennas, dishes, or similar devices owned or used by more
than one public or private entity.
3. "Telecommunication Facility Multiple User" means a
telecommunication facility comprised of multiple towers or buildings supporting one or
more antennas owned or used by more than one public or private entity, excluding
research and development industries with antennas to serve internal uses only.
K. "Inhabited area" means any residence, any other structure regularly occupied
by people, or any outdoor area used by people on a regular basis,
Section 4. Chapter 17.06 of the Temecula Municipal Code is hereby amended as
described below.
A. Section 17.06.050.D.7 is hereby added to the Temecula Municipal Code to read
as follows: "7. Antennas. Are subject to the provisions of Chapter 17.40."
B. The line for Antennas in Table 17.06.050.D of the Temecula Municipal Code is
hereby amended to read as follows:
Accessory Front Rear
Structure
Side
~inimum Distance to Front
Property Line Minimum
Distance to Rear Property
Line Minimum Distance to
R:Ords 2000-04 19
Section 5. Chapter 17.08 of the Temecula Municipal Code is hereby amended as
described below.
follows:
Table 17.08,030 of the Temecula Municipal Code is hereby amended to read as
Description of Use
Communications and microwave
installations2
NC CC HT SC PO BP LI
B. Footnote No. 2 of Table 17.08.030 is hereby amended to read as follows: "2.
Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code."
Section 6. Chapter 17.12 of the Temecula Municipal Code is hereby amended as
described below.
A. The following use is hereby added to Table 17.12.030 of the Temecula Municipal
Code and shall read as follows:
DesCriptiOn::ofUse :: Publ:icJInstlt'utiOnal DIstrict (Pi)
Communications and microwave installations ~
B. Footnote No. I is hereby added to Table 17.12.030 to read as follows: "1.
Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code."
Section 7. Chapter 17.14 of the Temecula Municipal Code is hereby amended as
described below.
A. The following use is hereby added to Table 17.14.030 of the Temecula Municipal
Code and shall read as follows:
SchedUle of :Uses
Communications and microwave installations
os os-c
B. The Footnote at the bottom of Table 17.14.030 is hereby amended to read as
follows: "1. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code in the
P-R and OS zones."
Section 8. The moratorium on the placement of new antennas contained in Ordinance
99-17 is hereby repealed.
Section 9. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a coud of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining pads of this Ordinance.
R:Ords 2000-04 20
Section 10. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
PASSED, APPROVED, AND ADOPTED this 23rd day of May, 2000.
ATTEST:
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
ss
Stone
Mayor
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 2000-04 was duly adopted and passed as an Urgency Ordinance at a
regular meeting of the City Council on May 23, 2000 by the following vote, to wit:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Comerchero, Naggar, Pratt, Roberts, Stone
None
None
Jones, CMC
City Clerk
R:Ords 2000-04 21