HomeMy WebLinkAbout051700 PC AgendaIn compliance with the Amedcans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will
enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR
35.102.35.104 ADA Title II]
ACTION AGENDA
TEMECULA PLANNING COMMISSION
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MAY 17, 2000 - 6:00 P.M.
Next in Order:
Resolution: No. 2000-018
CALL TO ORDER:
Flag Salute:
Commissioner Chairman Guerriero
Roll Call:
Fahey, Mathewson, Telesio, Webster and Chairman Guerriero
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission
on items that am listed on the Agenda. Speakers am limited to three (3) minutes each.
If you desire to speak to the Commission about an item not on the Agenda, a pink
"Request to Speak" form should be filled out and filed with t"~'Commission Secretary.
When you ame called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the
Commission Secretary prior to the Commission addressing that item. There is a three
(3) minute time limit for individual speakers.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. Theme will be no discussion of these items unless
Members of the Planning Commission request specific items be removed from the
Consent Calendar for separate action.
1 ADPmva of Aclenda - APPROVED 4-1-0, FAHEY ABSENT
RECOMMENDATION:
1.1 Approve the Agenda of May 17, 2000.
R:~PLANCOMM~Agendas'~000~5-17-00.doc
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2 Director's Headncl Update - RECEIVE AND FILE 5-0-0
RECOMMENDATION
2.1 Receive and File
3 CIP (Cal~ital Improvement Proclram Summary - Draft Extract 2001-2005) - APPROVED
5-0-0
RECOMMENDATION
3,1 Review and Comment
COMMISSION BUSINESS
4
Administrative Approvals for Projects Under 10,000 scluare feet and Exempt for CEQA -
NO MOTION
Debbie Ubnoske will be presenting a verbal repor~
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of
the project(s) at the time of hearing. If you challenge any of the projects in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondences delivered to the Commission Secretary at, or
prior to, the public hearing.
5
PlanninQ Application No. PA97-0242 (Antenna Ordinance) to recommend that the City
Council approve the Neclative Declaration and the proposed Antenna Ordinance. Dave
Hoclan - APPROVED 5-0-0
RECOMMENDATION:
5.1 Adopt a resolution entitled:
PC RESOLUTION NO. 2000-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
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 NO. PA99-0274)
R:%PLANCOMIV~Agendas~-',000~5-17-00.doe
2
COMMISSIONER'S REPORTS
PLANNING MANAGER'S REPORT
ADJOURNMENT
Next regular meeting: June 7, 2000, located at City Council Chambers, 43200 Business Park Ddve
R:~LANCOMMWgendas~2000%5-17-00,doc
3
In compliance with the Americans with Disabilities Act if you need special assistance to paffidpate in this
meeting, please contact the office of the City Clerk (909) 694-~. Notification 48 hours prior to a meeting will
enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR
35.102.35. 104 ADA Title II]
AGENDA
TEMECU~PLANNING COMMISSION
A '~:.: ULAR MEETING
MAY 17, 2000 - 6:00 P.M.
Next in Order:
Resolution: No. 2000-018
CALL TO ORDER:
Flag Salute:
Commissioner Chairman Guerriero
Roll Call:
PUBLIC COMMENTS
Fahey, Mathewson, Telesio, Webster and Chairman Guerdero
A total of 15 minutes is provided so members of the public may address the Commission
on items that are listed on the Agenda. Speakers are limited to three (3) minutes each.
If you desire to speak to the Commission about an item no__t on the Agenda, a pink
"Request to Speak" form should be filled out and filed with the Commission Secretary.
VVhen you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the
Commission Secretary pdor to the Commission addressing that item. There is a three
(3) minute time limit for individual speakers.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the Planning Commission request specific items be removed from the
Consent Calendar for separate action.
1 ADDmval of A.Qenda
RECOMMENDATION:
1.1 Approve the Agenda of May 17, 2000.
F:%DePts%PLANNING%PLANCOMM~Agendas~000%5,17-O0.doc
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2 Director's Headnf3 Update
RECOMMENDATION
2.1 Receive and File
3 CIP (Capital Improvement Pro~3ram Summary - Draft Extract 2001-2005)
RECOMMENTATION
3.1 Review and Comment
COMMISSION BUSINESS
4 Administrative Approvals for Projects Under 10,000 scluara feet and Exempt for CEQA
Debbie Ubnoske will be presenting a verbal report
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be beard in support of or in opposition to the approval of
· the project(s) at the time of hearing. If you challenge any of the projects in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondences delivered to the Commission Secretary at, or
prior to, the public hearing.
5
Plannine Application No. PA99-0274 (Antenna Ordinance) to recommend that the City
Council aDDrove the Ne{3ative Declaration and the proposed Antenna Ordinance. Dave
Ho~lan
RECOMMENDATION:
5.1 Adopt a resolution entitled:
PC RESOLUTION NO. 2000-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 17.40 TO THE TEMECULA
MINICIPAL CODE REGULATING TELECOMMUNICATION
FACILITIES AND ANTENNAS AND MAKING OTHER MINOR
MUNICIPAL CODE AMENDMENTS" (PLANNING
APPLICATION NO. PA99-0274)
F:%Depts%pLANNiNGti}LANCOMM~Agendas~000~5-17-00,doc
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COMMISSIONER'S REPORTS
PLANNING MANAGER'S REPORT
ADJOURNMENT
Next regular meeting: June 7, 2000, located at City Coundl Chambers, 43200 Business Park Drive
F:~DePts~LANNING%PLANCOMM%Agendas%2000~5_17,00.doc
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ITEM #2
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission
FROM: Debbie Ubnoske, Planning Manager
DATE: May 17, 2000
SUBJECT: Director's Hearing Case Update
Planning Director's Agenda items for Apdl, 2000
Date Case No.
April 6, 2000 PA98-0465
April 6, 2000
April 20, 2000
PA00-0007
PA00-0013
Proposal
Extension of Time for VTM
25004
Product Review for three
models from construction on
102 lots within Tract 24182-4
The Subdividing of 13,4
acres into two parcels related
to an apartment project and
the remaining unused portion
of the site.
Attachments:
1. Action Agendas - Blue Page 3
Applicant
Yogesh Goradia
Continental
Residential, Inc
Henry Wang,
Pacific Gulf
Properties
Action
Approved
Approved
Approved
F:\DeptS\PLANNING\DIRHEAR\MEMO\200OXApril 2000.memo.doe
A'R'ACHMENT NO. 1
ACTION AGENDAS
F:\Depts\PLANNING\DIRHEAR\MEMO\200OXAprfl 2000.memo.doc
2
ACTION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
APRIL 6, 2000 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER: Debbie Ubnoske, Planning Manager
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address to the Senior Planner
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each.
If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink
"Request to Speak" form should be filled out and filed with the Senior Planner.
When you are called to speak, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be filed with the Senior Planner
before that item is heard. There is a three (3) minute time limit for individual speakers.
PUBLIC HEARING
Case No.:
Applicant:
Proposal:
Location:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
PA98-0465
Yogesh Goradia
32063 Paci~ca Dr.
Rancho Palos Verdes, CA 90275
Extension of Time for VTM 25004
South of the future extension of Murrieta Hot Springs Rd. on
the east side of Seraphina Rd., north of VTM 25004-1.
Compliance with previous environmental findings
Thomas ThornsIcy
Approval
APPROVED
Case Number:
Applicant:
Proposal:
Location:
Intended
Environmental Action:
Case Planner:
Recommendation:
ACTION:
PA00-0007
Continental Residential Inc.
Product Review for three models for construction on 102 lots
within Tract 24182-4.
Southeast of the intersection of Campanula Way and De
Portola Road way and Rancho Califomia Road within the
Temeku Hills Specific Plan Area
Exempt
John D~ Gange
Approval
APPROVED
ADJOURNMENT
X\TEMEC_FSI01\VOLI\USERPUBL\PLANNING\DIRHEAR~2000\4~0.AGENDA.doc
ACTION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
APRIL 20, 2000 1:30 PM
T~MECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER: Debbie Ubnoske, Planning Manager
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address to the Senior Planner
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each.
If you desire to speak to the Senior Planner about an item no__t listed on the Agenda, a pink
"Request to Speak" form should be filled out and filed with the Senior Planner.
When you ~e called to speak, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be filed with the SeniOr Planner
before that 'item is heard. There is a three (3) minute time limit for individual speakers.
PUBLIC HEARI.NG
1. Case No.:
Applicant:
Proposal:
Location::
Intended
Environmental Action:
Case Planher:
Status:
ADJOURNMENT
pA00-0013(Tentative Parcel Map)
Hem'y Wang, Pacific Gulf Properties
4220 Von Karman
Newport Beach, CA 92660
The Subdividing of 13.4 acres into two parcels related to an
apaxtment project and the remaining unused portion of the
site.
A 13.4 acres lot on the northeast comer of Winchester Rd. and
Nicolas Rd.
Categorical Exemption (CEQA Sec. 15315 Minor Land
Divisions - division of property in urbanized-zoned areas into
four or fewer lots.)
911-170-085
Thomas ThornsIcy
X ' New Project
Re-submittal: Previous Pre-DRC Date:
pre-Application
APPROVED
p:\pLANNING\DIp, HEARN2000\4-204)0.AGENDA.doc
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ITEM #4
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
May 17,2000
Planning Application No. PA99-0274 (Antenna Ordinance}
RECOMMENDATION:
Prepared By: David Hogan, Senior Planner
The Community Development Department - Planning Division Staff
recommends the Planning Commission:
1. ADOPT a Resolution entitled:
PC RESOLUTION NO. 2000-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE ENTITLED "AN 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 PA99-0274)
BACKGROUND
In 1999 the City Council adopted an ordinance prohibiting the construction of additional wireless
telecommunications facilities. This action resulted from the public controversy associated with the
proposal to construct an additional antenna site near the Rancho California Water District water
tanks east of Meadow Parkway in the Chardonnay Hills area. The moratorium ordinance was put
into effect to provide the City an opportunity to develop revised antenna standards, The
moratorium ordinance will be in effect until July 27, 2000. The purpose of this item is to present
the draft of the proposed Antenna Ordinance for the Planning Commission's consideration.
PROJECT DESCRIPTION
The Ordinance is intended to provide a unified and comprehensive set of regulations for all the
different types of antennas. The proposed Ordinance would address the following type of
antennas:
Residential radio and television antennas;
Citizens band radio antennas;
Amateur radio antennas;
Earth-satellite dish antennas;
Vertical or whip antennas; and
Wireless telecommunications antennas.
F:\DeptS\PLANNING\OrdinanCeS~ANTENNA~74PA99 PC1 .doc
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The Ordinance ha~ been structured to encourage certain types and sizes of antennas through the
use of simplified a, pproval processes. The different ways an antenna can be approved pursuant
to the proposed Ordinance are as follows:
Exempt frqm Planning Department permitting (may still need a Building Permit);
Administrative design review (no public hearing);
· Director hearing; and
Planning Commission headng.
A matrix comparing the type and size of the antenna with the proposed approval authority is
contained in Attachment No. 4. A draft of the Ordinance in included as Attachment No. 2
Finally, the City of Temecula is pre-empted by Federal Law from regulating any potential Non-
Ionizing Radiation (NIER) that may result from these facilities. However, the proposed Ordinance
would require that,application for these facilities submit proof that the proposed antenna complies
with the Federal requirements and all approvals would require the continuous compliance with the
Federal Standards.
ANALYSIS
A major goal of the Ordinance is to focus the City's review efforts on those types of antennas that
have the greatest potential to adversely impact the community. This means for many types of
antennas, that no Planning Department permit or that only an administrative design review would
be required, The draft Antenna Ordinance is proposing to address antennas in the following ways.
Residential Radio and Television Antennas. The requirements for these antennas would
remain the. same. For the vast majodty of homeowners, no Planning Department permit
would be required. However, for freestanding antennas over 10 feet in height, staff is
proposing that these requests go to a Director Hearing. This would provide the neighbors
an opportunity to be informed about, and comment upon, the request.
Citizens Band and Amateur Radio Antennas. The requirements for these types of antennas
is similar to the current raquirements. These type of antennas, up to 35' would be exempt
from a Planning Department permit. Antennas over this height would then require some
form of public hearing; either before the Planning Director or the Planning Commission.
Most of these antennas would still require some form of building permit.
Earth-Satellite Dish Antennas. The Ordinance would regulate dish antennas differently in
residential .and commercial areas. Typical residential antennas up to 2 metere in diameter
would be Considered accessory uses in single-family residential areas. In high density
residential, commercial and industrial areas more stringent design review would be
required. The exception to this general rule is that dish antennas 1 meter (39,4") or smaller
in diameter would always be exempt from review as long as they are located below the
ridgeline of the dwelling.
Vertical or Whip Antennas. These common business antennas were not previously
addressed in the Ordinance. The proposed standard would allow a business to get
approval tO locate two vertical antennas on site without having to go through a review
process. Businesses wanting to have more than two whip antennas, or wanting to have tall
antennas would need to go through administrative design review to ensure area
compatibility. This is similar to how staff is dealing with these antennas at present.
F:\DeptS~PLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc
2
Wireless Telecommunications Antennas. The Ordinance is based on the premise that
wireless telecommunication antennas are important community infrastructure that should
not be visually intrusive. To that end, staff is proposing that the level of design review
increase as the potential for visual impact increases. For example, an antenna that is
mounted on a building and designed to fit into the architectural theme of the structure would
be approvable at a staff level with hearing. Any freestanding antenna, including all
monopoles, would require a public headng before the Planning Commission. Staff believes
that this will encourage the placement of inconspicuous antennas to meet the resident's and
local businesses telecommunication needs.
Co-located Antennas. The Ordinance describes a co-located antennas as more that two
antenna arrays located on the same support structure. Staff is proposing that applications
for co-location, except for building mounted antenna arrays, be approved at a Director
Hearing. Building mounted co-located antennas are proposed to remain administrative
approvals.
Multi-User Sites. The ordinance describes a multi-user site as an area with more than one
antennas support structure. The multi-user site provision is the exception to the
requirement that antenna structures be located no closer together than 1000 feet. Staff is
proposing that applications for multi-user sites be approved by the Planning Commission.
Finally, any type of antenna that is not specifically exempted, targeted for administrative design
review, or a director hearing, would automatically require the Planning Commission's review and
approval. The Ordinance would also allow (generally without a Planning Department permit) up
to one citizens band or amateur radio antenna and up to two dish antennas in conjunction with a
single-family residence. Exempt antennas are still required to comply with the applicable design
and performance standards.
The Ordinance also contains development and performance standards for all antennas. The
design and performance standards are contained in Sections 110 through 200 of the proposed
Ordinance. The topics for the design and performance standards are as follows:
Location and Facility Separation;
Basic Tower and Building Design;
Airports and Helipads;
Co-Located and Multiple User Facilities;
Vegetation Protection and Facility Screening;
Lighting;
Roads and Parking;
Environmental Resource Protection;
Noise and Traffic; and
Visual Compatibility.
Staff has provided various drafts of this ordinance to a number of wireless communication industry
representatives for their review and comment. The vast majority of their comments have been
incorporated in the draft Ordinance. A list of the industry representatives who participated in the
earlier meeting, or who have been provided copies of the Ordinance to review are contained in
Attachment No. 5.
F:\DeptS\pLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc
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ENVIRONMENTAL DETERMINATION
Staff has prepared an Initial Environmental Study for the proposed Ordinance. Based upon that
analysiS, staff is recommending that a Negative Declaration be adopted for this Ordinance. The
Notice of Proposed Negative Declaration was circulated and no comments were received. In
addition, each individual antenna permit will receive its own unique and detailed environmental
analysis prior to any approval.
SUMMARY/CONCLUSIONS
Staff recommends that the Planning Commission recommend that the City Council approve the
Negative Declaration and the proposed Antenna Ordinance. Furthermore, Staff will also be
proposing that the!City Council approve the Antenna Ordinance as an urgency antenna ordinance
to enable the immediate repeal of the moratorium and begin to implement Antenna Ordinance the
day after it is approved.
Attachments:
1. PC Resolution - Blue Page
2. Proposed Ordinance - Blue Page
3. Initial Study- Blue Page
4. Antenna Approval Matdx - Blue Page
5. List of Wireless Communications Industry Representatives who participated in developing
the Draft Ordinance - Blue Page
F:\DeptS\pL/kNNING\OrdinanCeS~ANTENNA~74PA99 PC1 .doc
4
A'I'I'ACHMENT NO. 1
PC RESOLUTION NO. 00-
F:\DeptS~pLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc
5
ATTACHMENT NO. 1
RESOLUTION NO. 00-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
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 PA99-0274)
WHEREAS, On November 9, 1993, the City Council of the City of Temecula adopted the
General Plan; and
WHEREAS,
City's Development
WHEREAS,
On January 25, 1995, the City Council of the City of Temecula adopted the
Code; and
the City has identified a need to amend the adopted Development Code; and
WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library,
Rancho California Branch, the U,S. Post Office and the Temecula Valley Chamber of Commerce;
and,
NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF TEMECULA
DOES HEREBY RECOMMENDS THAT THE COUNCIL APPROVE AN ORDINANCE ENTITLED
"AN 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 PA99-0274)" THAT IS SUBSTANTIALLY IN THE
FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A.
PASSED, APPROVED, AND ADOPTED this _th day of ,2000.
Ron Guerriero, Chairperson
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the __ day of
,2000 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
F:\DeptS\PLANNING\OrdinanceS~ANTFNNA~74PA99 PC1 .doc
6
ATTACHMENT NO. 2
PROPOSED ORDINANCE
F:\DeptS\PLANNING\OrdinanCeS~ANTENNA~74PA99 PC1 .doc
7
ATFACHMENT NO. 2
ORDINANCE NO. 00-__
AN 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
PA00-0274)
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. 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;
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;
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;
Promote the planned and managed development of telecommunications infrastructure;
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;
F:\Depts\pLANNING\Ordinances~ANTENNA~74PA99 PC1 .doc
8
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 r~ot 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
a permit. All telecommunication facilities and antennas, including exempt facilities and antennas,
shall meet the following general requirements and standards.
A. Exempt antennas need do not need a written approval from the planning director provided they
comply with the provisions of this chapter. (Note: exempt facilities may require a building
permit.)
B. Be consistent With applicable General Plan Goals, Objectives, Programs and Policies, Specific
Plan, Planned Development Oveday (PDO) Standards, Design Guidelines, and the permit
requirements 'of any agency which has jurisdiction over the project;
C. 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;
D. Comply with all applicable FCC rules, regulations, and standards;
E. No antenna, antenna array, or wireless telecommunicetions antenna arrays shall be located
within any recognized local or national histodc district, or on a structure recognized as a local
or national histodc landmark, unless screening has been provided to completely camouflage
the facility;
F. Comply with the Uniform Building Code, National Electric Code, Uniform Plumbing Code,
Uniform Mechanical Code, and Uniform Fire Code, where applicable;
G. Comply with applicable Airport land use compatibility criteria/policies and Federal Aviation
Administratiop regulations;
H. Antennas shill be constructed of metal or other non-~ammable material, unless specifically
approved by ~he City to be otherwise;
I. Shall not be installed in any location where it could impede normal vehicular or pedestrian
circulation, iqgress to, or egress from any building, structure, or parking facility;
F:\DeptS\pLANNING\OrdinanCes~ANTENNA~74PA99 PC1 ,dec
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Maintain applicable easements or similar restrictions on the subject property;
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 pdvate street adjoining the parcel, so as to create a negative visual impact;
L. 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;
M 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
cornpromising their function;
N. All references to different zones and zoning districts shall also be construed to mean the
planning areas in an approved Specific Plan;
O. Shall not contain or add advertising 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
P. Not withstanding the provisions of Subsection O above, all freestanding telecommunication
sites shall provide one unlighted identification sign not more than three (3) square feet in size.
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 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
typical 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:
Service area and network maps;
Proof of compliance with Federal non-ionizing electromagnetic radiation (NIER)
standards;
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Altemative site analysis and altemative facility designs. The analysis shall identify
all reasonable, technically feasible, alternative locations and/or facilities which
could provide the proposed telecommunicafion 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
Ci~ and surrounding rural and urban areas;
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
Information on the location of other nearby telecommunication facilities within the
city limits of Temecula and within one mile of the proposed facility;
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 features.)
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 applicant shall pay all the costs
of said review, including any administrative costs incurred by the city.
De
Any propdetary information that is disclosed to the City or any expert hired shall be located
in a separa, te pdvate 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. Antenria 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 tow ,~r shall be the maximum height to which it is capable of being raised.
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17.40.050 Exempt Telecommunication Facilities and Antennas in Residential Zones
Exempt facilities may be installed, erected, maintained and/or operated in any residential zoning
district, except within recognized histodc 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.
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.
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.
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.
Any satellite earth station antenna that is designed to receive video programming services
and that is two (2) meters (equivalent to 78 inches) or less in diameter. Provided that the
top the antenna does not extend more than 12 feet above the ground.
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.
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.
The following requirements apply to all exempt facilities described in this Section.
The antenna is accessory to the primary use of the property and that the use of the
property is not a telecommunications facility;
Sufficient anti-climbing measures have been incorporated into the facility, as
needed, to reduce potential for trespass and injury; and,
In any historic area, satellite dishes and parabolic antennas must be situated as
close to the ground as possible to reduce visual impact without cornpromising their
function.
For'a single family structure, no more than one (1) support structure for a dtizens 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 (1) half
meter (19 inches) in diameter dish is allowed per unit.
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1717.40.060 Exempt Telecommunication Facilities and Antennas in Non-residential Zones
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 roof of
a commer.cial or industrial building.
17.40.070
A.
Any satellite earth station antenna designed to receive direct broadcast satellite service,
including ¢irect-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.
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.
The following requirements apply to all exempt 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. Sufficient anti-climbing measures have been incorporated into the facility, as
needed, to reduce potential for trespass and injury;
3. Utility or accessory equipment must be located within a completely enclosed
building or otherwise screened from view; and
4. 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
cornpromising their function.
Administrative Approval of Telecommunications Facilities and Antennas
The planning director may administratively approve 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
w;~ll 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.
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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 no larger than two (2) meters in diameter.
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.
The co-location of a new antenna onto a building where another antenna is located.
The following requirements apply to all the facilities described in this Section.
All utility or accessory equipment must be screened from view;
The screening material shall be architecturally integrated into the building or
structure so as to not be recognizable as an antenna; and,
3. No variance or minor exception is required to approve the telecommunication
facility or antenna.
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.
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:
A variance or minor exception is necessary to approve the proposed
telecommunication facility or antenna; and/or
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
Antennas that comply with the following criteria are permitted in any residential zoning
distdct 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.
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.
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 antenna is building-
mounted the height of the antenna exceeds ten (10) feet above the roof.
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Ce
Wireless c~3mmunications 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 ~pplication the planning commission for its consideration at its next available
scheduledmeeting.
1. Any building or roof mounted antenna that does not extend above the top of the
paEapet wall by more than twelve (12} feet above and that is screened from public
vie~; including any antennas proposed to be located on pitched roof surfaces.
2. An!ennas 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.
The co-location a new antenna to an existing approved
an increase in height.
support structure without
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.
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
A.
Planning Commission Approval of Telecommunications Facilities and
An!~ennas
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.
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 sufficient evidence, that
failure to adhere to the standard under consideration in each specific instance will not
increase th, e visibility of the facility or adversely effect the public health, safety or welfare.
A ConditiOnal Use Permit authorizing establishment of a telecommunication facility or
antenna may be reviewed whenever the City determines that circumstances may warrant
the review.
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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;
The operation fails to comply with the requirements of this chapter as they exist at the time
of permit renewal,
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;
De
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 telecommunicstion 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:
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.
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.
Ce
Telecommunicetion facilities and antennas shall 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.
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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
telecommuhication 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-m~unted facilities.
E. No new tellcommunication fadlity 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 (1:350) 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 findirig is made that no other location is technically feasible.
t7.40.120 General Requirements - Basic Tower and Building Design
All 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.
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.
D=
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.
Telecemmbnicetion support fadlities (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. ~
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).
Freestanding above ground telecommunicetion 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.
Telecommunication facilities shall insure that sufficient anti-climbing measures have been
incorporated into the facility, as needed, to reduce potential for trespass and injury.
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17.40,130 General Requirements - Airports and Helipads
All telecommunication facilities and antennas located at or near any airport or helipad shall comply
with the following measures:
No telecommunication facility or antenna shall be installed within the safety zone of any
airport or any helipad unless the airport owner/operator indicates that it will not adversely
affect the operation of the airport or helipad.
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 telecommunication antennas is encouraged. The establishment of multiple-user
facilities may be approved if the creation of a multiple-user site will reduce the impacts on the
community.
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 reads, 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,
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.
De
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.
Approval for the establishment of facilities improved with an existing microwave 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.
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17.40.150 General Requirements - Vegetation Protection and Facility Screening
All telecommunications facilities and antennas shall be installed in such a manner so as to
maintain and enh-jnce existing native and/or landscaped vegetation to screen the fadlity, where
necessary. The fol,lowing measures shall apply to all telecommunication facilities, except exempt
facilities.
B=
C,
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
vegetation5 identity landscaping that is to be retained or) 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 (4~) feet, and whether it is to be retained or removed with project
developmeant. The landscape plan shall be subject to review and approval of the
appropriate use permit process;
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 thereatter. 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 importance, shall be submitted with building permit or
improvement plan. This Plan shall be prepared by a certified arborist and shall spedty the
measures required to protect trees dudng project construction;
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 reqbired 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
All underground lines shall be routed such that a minimum amount of damage is done to
tree root s,ystems;
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;
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
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
power/telecommunication lines serving it.
17.40.160 General Requirements - Lighting
All telecommunic:ation 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.
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17.40.170 General Requirements - Roads and Parking
All 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 o Environmental Resource Pro~ection
All 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.
No telecommunicetions 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.
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.
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
All telecommunication 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.
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 intedor 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 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:
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Facility strpctures 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 c~nsidering the technological requirements of the proposed telecommunication
service an~J the need to be compatible with neighboring residences and the character of
the com ~nity.
The facility shall be designed to blend with any existing supporting structure shall not
substantially alter the character of the structure or local area.
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/fa~sility removal agreement, or enforceable provisions in a signed lease that will
assure the intent ~>f this section will be complied with, shall be signed by the applicant shall be
submitted to the planning director pdor to approval of the use 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:
An initial compliance request identifying the work needed to comply with the
ag.reement 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
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;
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 (1 O) workin9 days of wdtten request therefor such costs
as the City reasonably estimates or has actually incurred to complete such work. When
F:\DeptS\PLANNtNG\O~dinanCes~ANTENNA~74PA99 PC1 ,doc
21
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:
Telecommunication facilities lessors 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.
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 tocal statutes. The City shall promptly notify the provider(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
No approval granted hereunder shall be effective until the applicant and the City have executed
a written agreement setting forth the particular terms and provisions under which the approval to
occupy and use public ways of the City will be granted.
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
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.
A pre-installation 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.
F:\DeptS\pLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc
22
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 No?conforming 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 t,his chapter, shall be deemed a nonconforming use and will be subject to the
provisions of Section 17.03.070."
Section 2, 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 extedor of a structure. Antennas shall include devices
having active elements extending in any direddon, and directional beam-type arrays having
elements ~arded by and disposed from a generally hodzonfal 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.
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.
"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 eledtromagnetic 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 qonnection 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:\DeptS\pLANNING\O, rdinanCeS~ANTENNA~74PA99 PC1 .doc
23
He
"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
telecommunicetions facilities and antennas.
"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.
"Readily Visible" means an object that stands out as a prominent feature of the
landscape when viewed with the naked eye.
"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.
"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
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,
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.
F:\DeptS\pLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 ,doc
24
3. "Telecommunication Facility - Multiple User" means a telecommunication
faciiity compdsed of multiple towers or buildings supporting one or more antennas
owned or used by more than one public or pdvate 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 3. 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:
Accessor
Structure Front
Antennas' Not permitted
Rear Side
Minimum Distance to Front
Property Line Minimum
Distance to Rear Property
Line Minimum Distance to
Side Property Line~
5~. 5~.
Section 4~ Chapter 17.08 of the Temecula Municipal Code is hereby amended as
described below..
A. Table 17.08.030 of the Temecula Municipal Code is hereby amended to read as
follows:
Descdpti<Sn of Use NC CC HT SC PO BP LI
Commun!cations and microwave
installations2
B. Fobtnote 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 5- Chapter 17.12 of the Temecula Municipal Code is hereby amended as
described below.
A. Th,~ following use is hereby added to Table 17.12.030 of the Temecula Municipal
Code and shall read as follows:
Description of Use Public/Institutional District (PI)
Communications and microwave installations ~
B. Fodtnote No. 1 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."
F:\DeptS\pLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc
25
Section 6. 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
PR
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 7. The moratorium on the placement of new antennas contained in Ordinance
99-17 is hereby repealed.
Section 8. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court 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 parts of this Ordinance.
Section 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be posted as required by law.
Section 10. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies
of this Ordinance to be posted in three designated posting places.
Section 11. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated in
said City.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
this __ day of ,2000.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
CityClerk
[SEAL]
F:\DeptS\pLANNING\OrdinanCes~ANTENNA~74PA99 PC1 .doc
26
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA)
I, Susan W~ Jones, City Clerk of the City of Temecula, California, do hereby certify that the
foregoing Ordinan,~e No. __ was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the day of , 2000, and that thereafter, said
Ordinance was duJy adopted and passed at a regular meeting of the City Council of the City of
Temecula on the __ day of ,2000 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: CO'UNCILMEMBERS:
ABSENT: CO,UNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
F:\DeptS\pLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc
27
ATTACHMENT NO. 3
INITIAL ENVIRONMENTAL STUDY
F:\DeptS\PLANNING\OrdinanCeS~ANTENNA~74PA99 PC1 .doc
28
City of Temecula
P.O, Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project TiUe
Lead Agency Name and Address
Contact Person and Phone Number
Project Location
Project Sponsor's Name and Address
General Plan Designation
Zoning
Description of Project
Surrounding Land Uses and Setting
Other public agencies whose approval
is required
Telecommunications Facility and Antenna Ordinance
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Dave Hogan, Senior Planner
(909) 694-6400
Citywide
City of Temecula
N/A
N/A
Adoption of an ordinance to regulate the design, construction,
operation (except those aspects of fadiity operation regulated by the
State Public Utilities Commission and Federal Communications
Commission), and maintenance of wireless telecemmunication and
other types of antennas within the City of Temecula.
N/A
None.
F:%DepIS%PLANNING%Ordlnanc4s~ANTENNA~274PA991ES.doc
1
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least on
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use Planning
Population and Housing
Geologic Problems
Water
Air Quality
Transportation/Circulation
Biological Resources
Energy and Mineral Resources
Hazards
Noise
Public Services
Utilitie~ and Service Systems
Aesthetics
Cultural Resources
Recreation
Mandatory Findings of Significance
None
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a signfficent on the environment, and a NEGATIVE
DECLARATION will be praparad
I find that although fie proposed project could have a significant effect on the environment, there will not
be a signfficsnt effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
I find that the proposed project MAY have a "potentially significant impact' or "potentially significant
unless mitigated' impact on the environment, but at least one effect 1) has been adequately analyzed in
an eadier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the eadier analysis as described on attached sheets, if the effect is a "potentially
significant impat or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an eedier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or rnitjgated pursuant to
that eedier EIR or NEGATIVE DECLARATION, incJuding revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
ignature ' '
Pdnted name
?
DateL///~,./~q..
For
F:~DePlS%PLANNING~)rdinarr, eI~ANTENNA~274pA991ES.doC
2
1. Land Use and Planning. Would the project:
Nam ..d S,,_-c--e~ I~,.m~. So.,;.
Physically divide an established community?
Conflict with applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigation an
environmental effect?
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
Comments:
1 .all.
The adoption of this ordinance will provide locally appropriate design, development and performan¢
standards to regulate telecommunication facilities and antennas citywide. The ordinance'is beinl
prepared under the guidance of the adopted City General Plan. As a result, no impacts are anticipate
to local Land Use or Planning issues.
2. POPULATION AND HOUSING. Would the project:
Induce substantial population growth in an area, either
directJy (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Comments:
Impm hxx.,~mmd frame
2.all.
The adoption of this ordinance will provide locally appropriate design, development and performance
standards to regulate telecommunicetion facilities and antennas citywide. The ordinance is being
prepared under the guidance of the adopted City General Plan and will facilitate community availability
of these services. As a result, no impacts are anticipated to local population and housing issues.
3. GEOLOGY AND SOILS. Would the project?
a. Expose people or structures to potential substantial
adverae effects, in~uding the risk of loss, injury, or death
involving:
F:~:)ePeS~PL~NNING~OfdNnCeI~ANTENNA~74pAgglES,dO¢
3
idleam Ilgnllkaml lee
Rupture of a known earthquake fault, as delineated on
the most recant Alquist-Pdolo Earffiquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidenca of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii)Seismic-related ground failure, including liquefaction?
iv) Landslides?;
' b. Result in substantial soil erosion or the loss of topsoil?
i)
c. Be located oh a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
Be located oh expansive soil, as defined in Table 1801-B
of the Uniform Building Cede (1994), creating substantial
risks to life or property?
e. Have soil incapable of adequately supporting the use of ,f
septic tanks Or altemative waste water disposal systems
where sewer are not available for the disposal of waste
water?
Comments:
3.all The adoption of this ordinance will provide locally apprepdate design, development and performanc~
standards to regulate telecommunication fadlities and antennas dtywide. Any future facilities installec
pursuant to an approval under this ordinanca will comply with all appropriate zoning, building anc
safety, and fire related codes. Compliance with these codes will prevent and/or mitigate any potentja,
impacts. As a result, no impacts are antidpated from geology or soil issues.
4. HYDROLOGY AND WATER QUAMTY. Would the project:
c. ,/
d. ,f
F:~DeI~S%PLANNING%OrdinanCeS~NTENNA%274pAgglES dcc
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowedng of
the local groundwater table level (e.g., the production rata
of pre-existing nearby wells would dro. p to a level which
would not support existing land uses or planned uses for
which permits have bean granted)?
Substantially alter the existing drainage pattem of the site
or area, including through the alteration of the course of a
stream or dver, in a manner which would result in
substantial erosion or siltation on- or off-site?
Substantially alter the existing drainage pattem of the site
or area, including through the alteration of the course of a
stream or dyer, or substantially increase the rate or
amount of surfaca runoff in a manner which would result
in flooding on-;or off-site?
a. Violate any water quality standards or waste discharge
requirements?
b. Substantially deplete groundwater supplies or interfere
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff?
Otherwise substantially degrade water quality?
Place housing within a 10Q-year flood hazard area as
mappad on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
Place within a 100-year flood hazard area structures
which would impede or rediract flood flows?
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
Inundation by seiche, tsunami, or mudflow?
Comments:
The adoption of this ordinance will provide locally appropriate design, development and performance
standards to regulate telecommunication fadlities and antennas dtywide. Any future fadlities installec
pursuant to an approval under this ordinance will comply with all codes. Compliance with these codes
will prevent and/or mitigate any potential impacts. As a result, no impacts are antidpated from
hydrology and water quality issues.
AIR QUALITY. Where available, the significance criteria established by the applicable quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
a. Conflict with or obstruct implementation of the applicable
air quality plan?
b. Violate any air quality standard or conffibute substantially
to an existing or projected air quality violation?
c. Result in a cumulatively considerable net increase of any
criteda pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors?
d. Expose sensitive recaptors to substantial pollutant
concentrations?
e. Create objectionable odors affecting a substantial number
of people?
81gnffk~ql
Comments:
5.all
The adoption of this ordinance will provide locally appropriate design, development and performance
standards to regulate teleoommunication facilities and antennas citywide. Some minor incremental
emission increases may result from the const~'uction of new fadlities. However, these emissions are
short-term end construction related and will not result in noticeable long-term pollutant emissions. As a
result, no impacts are antidpatod from air quality issues.
F:~Dep~%PLANNING%OrdinanceI.~ANTENNA~,'74pAggiES,doc
6. TRANSPORTATION/TRAFFIC. Would the project:
!
a. Cau~ an iraease in ~ffic ~i~ is subsrental in
mla~ ~ ~e e~s~ng ~c I~d a~ ~dW ~ ~e
s~et Syst~ (i.e., result in a subsmn~l in~ in
eiffier ~ number d vehicle ~ps,
m~o on roads, or ~nges~on at inteme~ons?
b. ~d, eiffier individually or ~mula~vely, a level of
se~i~ smn~ estlis~d by ~ ~un~ ~nge~
managemere agen~ for designat~ rods or highways?
c. Resu~ in a ~nge in air ~rm ~ms, indudi~ ~r
an in~e ~ nffic levels or a ~ange in I~on ~t
results in subsm~al safeW dsks?
d. Subsmn~ally ~ase hn7-ffis due to a design fea~m
(e.g., s~ ~es or dangerous inteme~s) or
in~mpa~ble uses (e.g., fa~ ~uipment)?
e. Result in ina'dequate eme~en~ a~ss?
f. Result ~ inadequme pa~ng ~pad~
g. Con~i~ ~ ado~ ~li~es, plans, or programs
suppoffing aitema~ve nnspo~on (e.g., bus turnore,
blade m~s?
Cornmerits;
6.all
The adoption:of this ordinance will provide locally appropriate design, development and performanc~
stndards to regulate telecommunicetion radiities and antennas dtywide. The ordinance is bein(;
prepared under the guidance of the adopted City General Plan. As a result, no impacts are anticipatec
to drculation and traffic issues.
7. BIOLOGICAL RESOURCES: Would the project:
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special situs spades in
local or regional plans, polldes, or regulations, or by the
Calitomia Department of Fish and Game or U.S. Fish and
Wildl~e Service?
Have a subslntial adverse effect on .any riparian habiit
or other sensitive natural community identified in local or
regional plans, polides, regulations or by the California.
Department of Fish and Game or US Fish and Wildlife
Service?
F:%Dept~%PLANNING%Ordk~m, ee~ANTENNA~274pAgglES.dOC
Have a substantial adverse effect of federally protected
weUands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh. vernal pool,
coastal, etc.) through direct removal, _filing, hydrological
interruption, or other means?
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife conidors,
or impede the use of native wildlife nursery sites?
Conflict with any local IDolides or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
7.all
The adoption of this ordinance will provide locally appropriate design, development and performanc
standards to regulate telecommunication facilities and antennas citywide. These sites will generally b
in previously developed site and on existing structures that are areas where endangered species do nc
generally congregate. All specific proposals that will be submitted under this ordinance will racoive th,
appropriate and site-specific environmental review pursuant to the provisions of the Califomi~
Environmental Quality Act. As a results. no impacts are anticipated.
8. MINERAL RESOURCES. Would the project:
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Comments:
8.all
The adoption of this ordinance will provide locally appropriate design, development and performance
standards to regulate tolecommunication facilities and antennas dtywide. These sites are genera fly
small and are not expected to effect regional mineral or aggregate supplies. As a result, no impacts are
anticipated.
F:~DepI~%PLANNING~C, rdinance~e, NTENNA~74pA991ES.doc
7
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a. Create a signt~nt h=?n~ ~ ~e public or ~e
envimnm~t ~mugh ~e m~ne mellon, use, or
disposal d hmffious materials?
b. Crate a signffi~nt h~rd to ~e public or ~
envimment ~mugh r~sonably fom~ble upset and
a~dent ~ndi~ons involving ~e release of h~rdous
materials into ~e envimnmen~
c. Em~ ~ous emissions or handle h~rdous ~
a~tly h-~ffious matadals, subsm~s, or a~ely
hm~ous rotedais, substance, or ~ste ~ffiin on~
q~der mile of an e~s~ng or pm~s~ s~l?
d. Be ~d ~ a site whi~ is included ~ a list d
h~.~ous rotedais sites ~mpiled pumuant to
Govemm~t ~de Se~on 65~2.5 and, ~ a resu~
~uld it ~ a signffi~nt h=7=~ ~ ~e public or ~e
envimnmen~
e. For a pmje~ Io~md ~ffiin an ai~od land use plan or,
~em su~ a plan has not b~n adoptS, ~ffiin ~o
miles or a public ai~od or public use ai~o~ would ~e
pmje~ msu~ in a BfeW hm~ for p~ple residing or
wo~ng in ~e pmje~ area?
f. For a proje~ ~ffiin ~e vidni~ of a pdvam aim~p, would
· e pmje~ result in a safe~ h=~=~ ~r ~ople residing or
wo~ng in ~e pmje~ area?
g. Impair implemenm~on of or physi~lly inte~em ~ffi an
adopted eme~en~ res~nse plan or emergency
eva~a~on plan?
h. ~se people or s~ures to a sign~nt dsk or loss,
injuW or d~ involving w dland fires, in~uding ~em
~ldlands am adja~nt ~ umanized areas or where
residences am inte~ixed ~ffi ~ldlands?
Commen~:
9.all
The adoption ~f this ordinance will provide locally appropriate design, development and performance
standards to regulate talecommunicetian facilities and antennas citywide. The adoption of this
ordinance will not adversely effect hazardous matedal issues. The further development of wireless
telecommunicetion fadlities under this ordinance will improve community safety and the efficient
response to Io~al life safety hazards. As a result, no impacts are anticipated.
F:~DePts~LANNING~C)rdimsnOe~ANTENNA~-~'/4pAgGiES.dOC
8
10. NOISE Would the project result in:
Exposure of people to severe noise levels in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
Exposure of persons to or generation-of excessive
groundborne vibration or groundborne noise levels?
A substantial permanent increase in ambient noise levels
in the project vidnity above levels existing without the
project?
A substantial temporary or pedodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
For a project within the vidnity of a pdvata aimtrip, would
the project expose people residing or worldng in the
project area to excessive noise levels?
4
4
4
4
4
lO.all
The adoption of this ordinance will provide locally appropdate design, development and performance
standards to regulate telecommunication facilities and antennas dtywide. The ordinance is being
prepared under the guidance of the adopted City General Plan. The fadlities do not create noticeable
noise levels that am detectable within the community. However, some construction related noise will
occur, it will be mitigated by the adopted construction noise ordinance that regulate work times. As a
result, no noise impacts am antidpeted.
11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or
altered Govemment services in any of the following areas:
Would the project result in substantial adverse physical
impacts assodatas with the provisions of new or
physically altered governmental facilities, need for new or
physically altered governmental fadlities, the constru~on
of which could cause signfficant environmental impacts,
in order to maintain acceptable service ratios, response
times or other performance objectives for any of the
public services? 4
b. Fire protectjon? 4
c. Police protection? 4
d. Schools?
F:~)epII~pLANNING~Ordinlrt,~I~ANTENNA~274PA991ES.de~ 9
Pelanlial~
Proemrally ~d~fb'fir, ant UmOM, ~ Then
Slgnirm I/~gafiee 6IOni'm No
IParks?
Other public facilities?
,/I
,/1
Comments:
11 ,all, The adoption d this ordinance will provide locally appropriate design, development and performance
standards to regulate tolecommunicetion radiities and antennas dtywide, The adoption of this
ordinance will not effect public services, As a result, no impacts are anticipated,
12. UTIUTIES AND SERVICE SYSTEMS: Would the project:
Exceed wastawatar treatment requirements of the
applicable Regional Water Quality Control Board?
Require or result in the construction of new water or
wastewater treatment radiities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
Require or result in the construction of new storm water
drainage facilities or expansion of existing radiities, the
construction of which could cause significant
environmental effects?
Have sufficient water supplies available to serve the
project from existing entitlemerits and resources, or are
new or expanded entitlements needed?
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capadty to serve the project's projected
demand in addition to the provider's existing
commitments?
f. Be served by a landfill with suffident permitted capacity to ,/
accommodate the project's solid waste disposal needs?
g. Comply with federal, state, and local statutes and '/
regulations related to solid waste?
Comments:
12.all The adoption of this ordinance will provide locally appropdate design, development and performance
standards to regulate telecommunication facilities and antennas citywide. The ordinance will not effect
waste treatment and disposal systems, nor will it create an increase in the demand for these services.
As a result, no impacts are anticipated.
13. AESTHETICS. Would the project:
e .,,d sum, etm u,b~,,~,~. seuree,
Have a substanbal adverse effect on a scenic vista?
Substantially d.arnage scenic resources including, but not
limited to, treeS, rock outcropping, and histodc building
Iimmmmm, tl~umllv
F:~Dept~PLANNING~Owdinart~ANTENNA~-~'/4PA991ES.doc
10
within a state scenic highway?
Substantially degrade the existing visual character or
quality of the site and its surroundings?
Craata a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
Comments:
13.all
The adoption of this ordinance will provide locally appropriate design, development and performance
standards to regulate telecommunication fadlities and antennas citywide. The ordinance is being
prepared under the guidance of the adopted City General Plan and will fadlitate community availability
of these services. The mitigation of potential aesthetic impacts is an important goal of the Ordinance.
All proposed fadlities and antennas will receive design and visual impact review under this ordinance.
This design review process will ensure that all future significant adverse impacts are mitigated to a level
of insignificance. As a result, no impacts are anticipated to scenic and visual aesthetic issues.
14. CULTURAL RESOURCES, Would the project:
a. Cause a substantial adverse change in the significance of
a historical resource as defined in Section 1506.57
b. Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 1506.57
c. Directly or indirectly destroy a unique paleontological '/
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred '/'
outside of formal cemeteries?
Comments:
14.all The adoption of this ordinance will provide locally appropdata design, development and performance
standards to regulate telecommunication facilities and antennas dtywide. All specific proposals that will
be submitted under this ordinance will also receive the appropriate and site-specific environmental
review pursuant to the provisions of the California Environmental Quality Act. As a result, no impam
are anticipated to cultural resources.
15, RECREATION, Would the project:
Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physicel deterioration of the
facility would occur or be accelerated?
Does the project include recreational facilities or require
the constructjon or expansion of recreational fadlities
which might have an adverse physical effect on the
F:%Dep~pLANNING~OrdinanCe~NTENNA%274PA991ES,dOC
11
~pmd
,/
II
Comments:
_1.5.all
The adoption d this ordinance will provide locally appropdata design, development and performance
standards to regulate talecommunication facilities and antennas citywide. No impacts to park and
recreational facilities or services am expect.-~l. As a result, no impacts are anticipated.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
Does the project have the potential to degrade the quality
of the envimn~nent, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or anim. al community, reduce the number of
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major pedods of
Califomia history or prehistory?
b. Does the project have impacts that are individually · ·
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects?
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
Comments:
16.all The adoption of this ordinance will provide locally appropriate design, development and performance
standards to regulate telecommunicetion facilities and antennas citywide. The ordinance would permit
the approval of small scale urban infrastructure in an predominantly urban context The adoption of this
ordinance would not create any significant environmental impacts and would not cause any cumulative
environmental !mpacts. As a result, no impacts are anticipated.
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an ea~ier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets..
a. Eadier analyses used. Identify eadier analyses and state where they are available for review.
b. Impacts adequately addressed. Identify which affects from the above check list were within the
scope of and iidequately analyzed in an eadler document pursuant to applicable legal standards, and
state whether~such effects were addressed by mitigation measures based on the eadler analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the eadier document and
the extent to Which they address site-specific conditions for the project.
; SOURCES
1. City of Temecula General Plan.
2. City of Temecula General Plan Final Environmental Impact Report.
F:%DelXS~pLANNING~OI~Ii~e~r,e~ANTENNA%274PAgglES.dOC
12
Comments:
15.all The adoption of this ordinance will provide locally appropriate design, development and performance
standards to regulate telecemmunicetion fadlities and antennas dtywide. No impacts to perk and
recreational fadlities or services are expected. As a result, no impacts am anticipated.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife spedes, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number of
restrict the range of a rare or endangered plant or animal
or eliminate important examples of th_e major pedods of.
California history or prehistory?
Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable' means .that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects?
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
-- I
Comments:
16.all
The adoption of this ordinance will provide locally appropdata design, development and performance
standards to regulate telecommunicetion facilities and antennas dtywide. The ordinance would permit
the approval of small scale urban infrastructure in an predominantly urban context. The adoption of this
ordinance would not create any significant environmental impacts and would not cause any cumulative
environmental impacts. As a result, no impacts are anticipated.
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR,
or other CEQA process, one or more effects have bean adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a'discussion should identify the following
on attached sheets.
a. Eadier analyses used. Identify eadier analyses and state where they are available for review.
b. Impacts adeduataly addressed. Identify which affects from the above check list were within the
scope of and adequately analyzed in an eadier document pursuant to applicable legal standards, and
state whether such effects were addressed by mitigation measures based on the eadier analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the eadier document and
the extent to which they address site-specific conditions for the project.
SOURCES
City of Temecula General Plan.
City of Temecula General Plan Final Environmental Impact Report.
F:~Depte~PLANNINGM:)rdinlncee%ANTENNA~274PA991ES.doc
12
ATI'ACHMENT NO. 4
ANTENNA APPROVAL MATRIX
F:\DeptS\pLANNING\OrdinanCes~ANTENNA~274PA99 PC1 .doc
29
TYPE OF ANTENNA
Residential Radio and Television
Antenna
Citizens Band
Amateur Radio Antenna
Dish Antenna
ANTENNA APPROVAL MECHANISM MATRIX
SIZE(S) OF ANTENNAS
If freestanding up to 10', or an
attached antenna that is less
than 10' above the top of the
residence in height.
Any freestanding antenna that
is more than 10', or an attached
antenna more than 10' above
the roof line
Up to 35'
Between 35' and 50'
Above 50'
Up to 35'
Between 35' and 50'
Above 50'
<1 Meter in diameter
<2.Meters in diameter
Vertical (commercial) Antennas
Wireless Telecommunications
Antennas
>2Meters in diameter
Up to 2 antennas that are up to
15' in height
More than 2 antennas or any
antennas more than 15' in
height
Building mounted with
architectural integration and
less than 12' above roof
Building mounted more than 12'
above the roof, or that are
mounted on a light tower, sign,
or other structure
Monopole and all other facilities
not specifically mentioned
Approval to co-locate onto an
existing building
Approval to co-locate onto an
existing antenna structure
Approval for a multi-user site
(i.e. multiple antenna
structures)
Any variation from the standards or any type or size of antenna not
specifically listed
< = Less than or equal to > = Greater than
REVIEW AND APPROVAL
MECHANISM
Exempt
Director Hearing
Exempt
Director Hearing
Planning Commission
Exempt
Director Hearing
Planning Commission
Exempt
Residential - Exempt.
Non-Residential - Administrative
Design Review
Planning Commission
Exempt
Administrative Design Review
Administrative Design Review
Director Hearing
Planning Commission
Administrative Design Review
Director Hearing
Planning Commission
Planning Commission
F:\DeptS\pLANNING\OrdinanceS\ANTENNA~74PA99 PC1 .doc
30
A'FrACHMENT NO. 5
LIST OF WIRELESS COMMUNICATIONS INDUSTRY REPRESENTATIVES WHO
PARTICIPATED IN DEVELOPING THE DRAFT ORDINANCE
F:\DeptS\PLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc
31
2.
3.
4.
5.
LIST OF WIRELESS COMMUNICATIONS INDUSTRY REPRESENTATIVES
WHO PARTICIPATED IN DEVELOPING THE DRAFT ORDINANCE
Julie Furukawa, Sprint PCS
Dennis Lowry, AirTouch Cellular
Adan Madrid, Sprint PCS
Greg Morrison, Stoorza, Ziegaus & Metzger
Joe Richards, Richards, Mueting and Wilkes (represents Verizon Wireless and
AirTouch Cellular)
Barbara Saito, Nextel Communications
F:\DeptS\pLANNING\OrdinanCeS~ANTENNA~274PA99 PC1 .doc32