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;
B. Protect
the visual character of the city from the potential adverse effects
of telecommunication facility development and antenna installation
by maintaining architectural and structural integrity and preventing
unsightly facilities;
C. Insure
against the creation of visual blight within or along the city's scenic
corridor and ridgelines;
D. Retain
local responsibility for and control over the use of public right-of-way
to protect citizens and enhance the quality of their lives;
E. Protect
the inhabitants of Temecula, to the extent permitted by law, from
the possible adverse health effects associated with exposure to high
levels of NIER (nonionizing electromagnetic radiation);
F. Protect
environmental resources in and around Temecula;
G. Promote
the planned and managed development of telecommunications infrastructure;
H. Promote
fair and effective telecommunication services and insure that a broad
range of competitive telecommunications services with high quality
telecommunications infrastructure are available to serve the community;
I. Create
and preserve telecommunication facilities that will serve as an important
and effective part of Temecula's emergency response network;
J. Establish
simplified and shortened approval processes for obtaining permits
to install and operate telecommunication facilities while at the same
time protecting the legitimate interests of Temecula citizens to the
maximum extent possible;
K. Ensure
area access to satellite telecommunications services; and
L. Encourage
the co-location of new telecommunication antennas.
Furthermore, it is the stated goal of the city that these local
restrictions and regulations shall not preclude the reception of acceptable
signal quality, create an unreasonable delay, prevent, or increase
the cost of installing, maintaining and using these facilities. It
is also the stated intent of this chapter to provide a public forum
to insure a balance between public concerns and private interests
in establishing telecommunication and related facilities.
|
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
No nonexempt telecommunication facility or antenna shall be
constructed or operated without the appropriate city entitlement.
All nonexempt telecommunication facilities and antennas shall meet
the following general requirements and standards:
A. Be
consistent with applicable general plan goals, objectives, programs
and policies, specific plan, planned development overlay (PDO) standards,
design guidelines, and the permit requirements of any agency which
has jurisdiction over the project;
B. Meet
all the requirements established by the other chapters of the Temecula
Municipal Code and Temecula development code that are not in conflict
with the requirements contained in this chapter;
C. Comply
with all applicable FCC rules, regulations, and standards;
D. No
antenna, antenna array, or wireless telecommunications antenna arrays
shall be located within any recognized local or national historic
district, or on a structure recognized as a local or national historic
landmark, unless screening has been provided to completely camouflage
the facility;
E. Comply
with the Uniform Building Code, National Electric Code, Uniform Plumbing
Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable;
F. Comply
with applicable airport land use compatibility criteria/policies and
Federal Aviation Administration regulations;
G. Antennas
shall be constructed of metal or other non-flammable material, unless
specifically approved by the city to be otherwise;
H. Shall
not be installed in any location where it could impede normal vehicular
or pedestrian circulation, ingress to, or egress from any building,
structure, or parking facility;
I. Maintain
applicable easements or similar restrictions on the subject property;
J. All
setbacks shall be measured from the base of the tower or structure
to the applicable property line or structure and shall not be situated
between the primary building on the parcel and any public or private
street adjoining the parcel, so as to create a negative visual impact;
K. Maintain
a security program when determined to be necessary by, and subject
to the review and approval of, the Temecula police department that
will prevent unauthorized access and vandalism;
L. Satellite
earth station antennas (dishes and parabolic antennas) larger than
one meter in diameter shall be situated as close to the ground as
possible to reduce visual impact without compromising their function;
M. All
references to different zones and zoning districts shall also be construed
to mean the planning areas in an approved specific plan;
N. Shall
not contain or add advertising or signs to telecommunications facilities
and antennas. Notwithstanding 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
O. Notwithstanding the provisions of subsection
N of this section, all freestanding telecommunication sites shall provide unlight identification signage of not more than three 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.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
The provisions of this chapter shall also apply to the placement
of nonexempt wireless telecommunication facilities and antennas on
publicly owned property within the city.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All applications for nonexempt telecommunications facilities and antennas shall comply with the submittal requirements authorized by Section
17.03.030. In addition, other specific supplemental requirements described in this section may also be required. The decision to require additional information with as part of an application shall be made by, and be at the sole discretion of, the planning director.
A. Examples
of supplemental project information that may be required include the
following:
1. Service
area and network maps;
2. Alternative
site analysis and alternative facility designs. The analysis shall
identify all reasonable, technically feasible, alternative locations
and/or facilities which could provide the proposed telecommunication
service. The analysis shall address the potential for co-location
at an existing or a new site and the potential to locate facilities
as close as possible to the intended service area. It shall also explain
the rationale for selection of the proposed site in view of the relative
merits of any of the feasible alternatives. The intention of the alternatives
analysis is to present alternative strategies which would minimize
the number, size, and adverse environmental impacts of facilities
necessary to provide the needed services to the city and surrounding
rural and urban areas;
3. Visual
impact analyses or demonstrations (including mock-ups and/or photomontages).
Consideration shall be given to views from public areas as well as
from private residences. The analysis shall be "worst case" and shall
assess the cumulative impacts of the proposed facility and other existing
and foreseeable telecommunication facilities in the area, and shall
identify and include all feasible mitigation measures consistent with
the technological requirements of the proposed telecommunication service;
and
4. Information
on the location of other nearby telecommunication facilities within
the city limits and within one mile of the proposed facility.
B. Special
design studies of the proposed facilities where findings of particular
sensitivity will have to be made (e.g., proximity to historic or aesthetically
significant structures, views and/or community facility).
C. The
planning director is explicitly authorized at his/her discretion to
employ on behalf of the city an independent technical expert to review
any submitted supplemental or technical materials or provide technical
knowledge to the city. The technical expert shall be agreeable to
both the city and the service provider. The applicant shall pay all
the costs of said review, including any administrative costs incurred
by the city.
D. Any
proprietary information that is disclosed to the city or any expert
hired shall be located in a separate private file, shall remain confidential,
and shall not be disclosed to any third party.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
The height of the support structure must be the minimum necessary
to provide the required coverage. Antenna and structure heights are
determined in the following manner:
A. For
Ground-Mounted Antennas. The height of the antenna structure shall
be measured from the natural undisturbed ground surface below the
center of the base of the tower to the top of the tower or from the
top of the highest antenna or piece of equipment attached thereto,
whichever is greater.
B. For
Building-Mounted Antennas. The height of the antenna structure shall
be measured from the top of the building roof on which the antenna
is mounted to the top of the antenna or screening structure, whichever
is higher. The height of antenna structures that are attached to a
building shall be measured from the top of the building roof.
C. In
the case of "crank-up" or other similar towers, whose height can be
adjusted, the height of the tower shall be considered the maximum
height to which it is capable of being raised.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
Nonexempt facilities may be installed, erected, maintained and/or
operated in any residential zoning district, except within recognized
historic districts, where such antennas are permitted under this title,
without the need for a use permit or other entitlement. The following
wireless communication facilities are permitted as accessory uses
if in compliance with the requirements of this section.
A. Any
satellite earth station antenna designed to receive direct broadcast
satellite service, including direct-to-home satellite services and
multi-channel multi-point distribution services, provided that such
antenna is one meter (39.4 inches) or less in diameter.
1. If
the diameter of the antenna is eighteen 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 eighteen inches, but does not
exceed thirty-nine inches, then the antenna may not extend above the
ridgeline of a roof.
B. Any
satellite earth station antenna that is designed to be a receive-only
dish antenna that is less than ten and one-half feet in diameter,
provided that the top of the antenna does not extend more than twelve
feet above the ground.
C. Any
vertical antenna that is designed solely to receive television broadcast
signals. Such an antenna, if ground-mounted, shall be no more than
ten feet in height. If the antenna is building-mounted the height
of the antenna may not exceed more than ten feet above the roof.
D. Any
citizens band or amateur radio antenna for a licensed amateur radio
operator provided that the maximum height of the antenna does not
exceed thirty-five feet above the ground surface.
E. The
following requirements apply to all facilities described in this section:
1. The
antenna is accessory to the primary use of the property and that the
use of the property is not a telecommunications facility;
2. Exempt
antennas do not need a written approval from the planning director
provided they comply with the provisions of this chapter;
3. Shall
not be located within the front yard setback or the actual front yard
unless proven by substantial evidence that no other location for the
antenna is possible;
4. Sufficient
anti-climbing measures have been incorporated into the facility, as
needed, to reduce potential for trespass and injury; and
5. In
any historic area, satellite dishes and parabolic antennas must be
situated as close to the ground as possible to reduce visual impact
without compromising their function.
F. For
a single-family structure, no more than one support structure for
a citizens band or licensed amateur radio antenna and two satellite
dishes (or vertical radio or television antennas), provided that only
one dish antenna is larger than one meter (39.4 inches) in diameter,
are allowed. For an attached residential structure, no more than one
meter (39.4 inches) in diameter dish is allowed per unit.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
Nonexempt facilities may be installed, erected, maintained and/or
operated in any nonresidential 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 feet in height
above the roof of a commercial or industrial building;
B. 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 two meters (78.8 inches) or less in diameter:
1. If
the diameter of the antenna is eighteen 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 eighteen inches, but does not
exceed 39.4 inches, then the antenna may not extend above the ridgeline
of a roof unless it is screened from public view by an integrated
architectural design feature only to a height that is reasonably necessary
to ensure the reception of broadcast signals of an acceptable quality;
C. The
following requirements apply to all facilities described in this section:
1. The
antenna is accessory to the primary use of the property and that the
use of the property is not a telecommunications facility,
2. Exempt
antennas do not need a written approval from the planning director
provided they comply with the provisions of this chapter,
3. Shall
not be located in the front yard and street setbacks unless proven
by substantial evidence that no other location for the antenna is
possible,
4. Sufficient
anti-climbing measures have been incorporated into the facility, as
needed, to reduce potential for trespass and injury,
5. Utility
or accessory equipment must be located within a completely enclosed
building or otherwise screened from view, and
6. In
any historic area, satellite dishes and parabolic antennas must be
situated as close to the ground and screened from public view to reduce
visual impact without compromising their function.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
A. The
planning director may administratively approve a development plan
for any wireless communications facility or antenna in a commercial,
industrial, public institutional, open space, or public park and recreation
zoning district subject to administrative design review (i.e., an
administrative development plan). The facilities and antennas that
are subject to administrative design review are as follows:
1. Any
building- or roof-mounted antenna that extends above the top of the
parapet wall by less than twelve feet and is fully screened from public
view. Antennas on pitched roof surfaces are not eligible for administrative
design review;
2. Three
or more vertical antennas, or any vertical antenna that extends more
than fifteen feet above the roof line of a commercial or industrial
building;
3. Any
dish antenna that is larger than two meters in diameter.
B. An
increase in the height or size of a previously installed and approved
antenna or structure by no more than twenty percent of the original
approval.
C. The
co-location of a new antenna onto a building where another antenna
is located.
D. The
following requirements apply to all the facilities described in this
section:
1. All
utility or accessory equipment must be screened from view;
2. The
screening material and antenna, if visible, shall be architecturally
integrated into the building or structure; and
3. No
variance or minor exception is required to approve the telecommunication
facility or antenna.
E. The
planning director shall either approve the application within thirty
days of receiving a complete application or refer the application
to either a director hearing or the planning commission for consideration
at the next regularly scheduled meeting.
F. Telecommunication facilities and antennas that are described in subsections
A and
B of this section, shall be processed in accordance with the provisions of either Section
17.40.080 or
17.40.090, at the sole discretion of the planning director, whenever the following occurs:
1. A
variance or minor exception is necessary to approve the proposed telecommunication
facility or antenna; and/or
2. The
telecommunication facility or antenna is located in a zoning district
not listed in this section.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
A. Antennas
that comply with the following criteria are permitted in any residential
zoning district subject to the requirements of a minor conditional
use permit (i.e., a conditional use permit for an existing building).
The planning director may act on the application or may refer the
application to the planning commission for its consideration at its
next available scheduled meeting.
1. Any
citizens-band or amateur radio antenna for a licensed amateur radio
operator that has a maximum height of between thirty-five feet and
fifty feet above the ground surface;
2. Any
vertical antenna that is designed solely to receive television broadcast
signals that if ground-mounted, is more than ten feet; or if the antenna
is building mounted, the height of the antenna exceeds ten feet above
the roof.
B. Wireless
communications facilities that comply with the following criteria
are permitted in any commercial, industrial, public institutional,
open space, or parks and recreation zoning districts subject to the
requirements of a minor conditional use permit (i.e., a conditional
use permit for an existing building). The planning director may act
on the application or may refer the application to the planning commission
for its consideration at its next available scheduled meeting.
1. Any
building- or roof-mounted antenna that does not extend above the top
of the parapet wall by more than twelve feet above and that is screened
from public view; including any antennas proposed to be located on
pitched roof surfaces;
2. Antennas
mounted on other existing structures, such as water tanks, pump stations,
utility poles, or ball field lighting. Notwithstanding the above,
antennas mounted on existing structures are not limited to commercial
or industrial zones;
3. The
co-location of a new antenna to an existing approved support structure
without an increase in height.
C. Additional
antenna or dishes up to four feet in diameter, provided that the additional
antenna or dishes do not exceed more than twenty-five percent of the
existing antennae or dishes in number, area or height.
D. The
following requirements apply to all the facilities described in this
section:
1. All
utility or accessory equipment must be screened from view; and
2. The
screening material shall be architecturally integrated with the building,
structure, or landscaping so as not to be recognizable as an antenna
or accessory equipment structure.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2; Ord. 06-06 § 6(P))
A. All other wireless telecommunication facilities and antennas that are not specifically exempted from regulation or are described in Sections
17.40.050,
17.40.060,
17.40.070 and
17.40.080, including the approval of a request for a multi-user site, as well as all monopoles and towers shall be subject to the approval of a conditional use permit by the planning commission.
B. Exceptions
to the requirements specified within this chapter may be granted through
issuance of a conditional use permit by the planning commission. Such
a permit may only be approved if the planning commission finds, after
receipt of substantial evidence, that failure to adhere to the standard
under consideration in each specific instance will not increase the
visibility of the facility or adversely affect the public health,
safety or welfare.
C. A conditional
use permit authorizing the establishment of a telecommunication facility
or antenna may be reviewed whenever the city determines that circumstances
warrant the review.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
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 Section
17.03.080(A), a development plan or conditional use permit for a telecommunication facility or antenna may also be revoked for any of the following reasons:
A. The
facility has failed to comply with any applicable federal standards;
B. The
operation fails to comply with the requirements of this chapter as
they exist at the time of permit renewal;
C. The
facility has not been upgraded to minimize its impacts (including
aesthetics) on the community to the greatest extent permitted by the
technology that exists at the time of renewal;
D. The
permittee has failed to supply assurances acceptable to the planning
director that the facility will be brought into compliance within
one hundred twenty days; or
E. The
facility has not been properly maintained.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All wireless telecommunication facilities shall be located so
as to minimize their visibility and the number of separate and distinct
facilities. To this end all of the following measures shall be implemented
for all telecommunications facilities and antennas, except exempt
facilities, shall comply with the following locations requirements:
A. No
telecommunication facility or antenna that is readily visible from
off-site shall be installed on a site that is not already developed
with telecommunication facilities or other public or quasi-public
uses unless it blends with the surrounding existing natural and man-made
environment in such a manner so as to be effectively unnoticeable
or technical evidence acceptable to the approval authority is submitted
showing a clear need for this facility and the infeasibility of co-locating
it on another antenna or establishing a multi-user site.
B. The
antenna shall be located outside all yard and street setbacks specified
in the zoning district in which the antenna is to be located unless
technical evidence acceptable to the planning director or planning
commission, as appropriate, is submitted showing that this is the
only technically feasible location for this facility.
C. Telecommunication facilities and antennas shall not be located closer than seventy-five feet from any residential dwelling unit, unless technical evidence acceptable to the approval authority is submitted showing that this is the only technically feasible location for this facility or unless permitted pursuant to an agreement described in Section
17.40.220.
D. No telecommunication facility or antenna that is readily visible from off-site shall be installed closer than one thousand feet from another readily visible telecommunication facility or antenna unless it is a co-located facility, is situated on a multiple-user site, or technical evidence acceptable to the planning director is submitted showing a clear need for this facility and the infeasibility of placing the antenna in a co-located or multi-user site. This provision does not apply to architecturally integrated building-mounted facilities or to facilities permitted pursuant to an agreement described in Section
17.40.220.
E. No
new telecommunication facility or antenna that exceeds fifteen feet
in height shall be installed on an exposed prominent ridgeline greater
than one thousand three hundred fifty feet above mean sea level, unless
it blends with the surrounding existing natural and man-made environment
in such a manner as to be effectively unnoticeable and a finding is
made that no other location is technically feasible.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All wireless telecommunication facilities, except exempt facilities,
shall be designed to blend into the surrounding environment to the
greatest extent feasible. To this end all the following measures shall
be implemented:
A. Telecommunication
towers taller than thirty-five feet shall be monopoles except where
satisfactory evidence is submitted to the approval authority that
a self-supporting tower is required to provide the height and/or capacity
necessary for the proposed telecommunication use to minimize the need
for screening from adjacent properties.
B. All
buildings, poles, towers, antenna supports, antennas, and other components
of each telecommunications site shall be treated with nonreflective
colors to offer concealment. Galvanized metal or gray paint is the
preferred color.
C. Satellite
dishes other than microwave dishes shall be of mesh construction,
except where technical evidence is acceptable to the planning director
or planning commission, as appropriate, is submitted showing that
this is infeasible.
D. Telecommunication
support facilities (i.e., vaults, equipment rooms, utilities, and
equipment enclosures) in the public right-of-way shall be constructed
out of nonreflective materials (visible exterior surfaces only) and
shall be placed in underground vaults to all extent possible.
E. Telecommunication
support facilities in areas of high visibility shall be sited below
the ridgeline or designed, where possible, to minimize their profile
(i.e., placed underground, depressed, or located behind berms).
F. Freestanding
above ground telecommunication support facilities shall be no taller
than one story (about fifteen feet) in height and shall be constructed
to look like a building or facility typically found in the area.
G. Telecommunication
facilities shall insure that sufficient anti-climbing measures have
been incorporated into the facility, as needed, to reduce potential
for trespass and injury.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All wireless telecommunication facilities and antennas located
at or near any airport or helipad shall comply with the following
measures:
A. No
telecommunication facility or antenna shall be installed within the
safety zone of any airpad or any helipad unless the airport land use
commission indicates that it will not adversely affect the operation
of the airport or helipad.
B. No
telecommunication facility or antenna shall be installed at a location
where special painting or lighting will be required by the FAA regulations
unless technical evidence acceptable to the planning director or planning
commission, as appropriate, is submitted showing that this is the
only technically feasible location for this facility.
C. Where
tower lighting is required, it shall be shielded or directed to the
greatest extent possible in such a manner as to minimize the amount
of light that falls onto nearby properties, particularly residences.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
The co-location of wireless telecommunication antennas is encouraged.
The establishment of multiple-user facilities may be approved if the
creation of a multiple-user site will reduce the overall impacts on
the community.
A. All
co-located and multiple-user telecommunication facilities shall be
designed to promote facility and site sharing. Telecommunication towers
and necessary appurtenances, including but not limited to, parking
areas, access roads, utilities and equipment buildings shall be shared
by site users to minimize the impacts on the community.
B. Facilities
that are not proposed to be co-located with another telecommunication
facility or antenna shall provide a written explanation why the subject
facility is not a candidate for co-location. Co-location of facilities
is not required if, at the sole discretion of the planning director,
it may compromise proprietary data, equipment or technology.
C. The
facility shall make available unutilized space for co-location of
other telecommunication facilities, including space for these entities
providing similar, competing services. A good faith effort in achieving
co-location shall be required of the host entity. Requests for utilization
of facility space and responses to such requests shall be made in
a timely manner and in writing and copies shall be provided to the
planning director.
D. Co-location
is not required in cases where the addition of the new service or
facilities would cause quality of service impairment to the existing
facility or if it becomes necessary for the host to go off-line for
a significant period of time.
E. Approval
for the establishment of facilities improved with an existing microwave
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.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All wireless telecommunications facilities and antennas shall
be installed in such a manner so as to maintain and enhance existing
native and/or landscaped vegetation to screen the facility, where
necessary. The following measures shall apply to all telecommunication
facilities, except exempt facilities:
A. If
a telecommunication facility requires the installation of landscaping
for screening or erosion control, a landscape plan shall be submitted
and shall be consistent with the city's adopted Water Efficient Landscape
Design Ordinance. The plan shall indicate all existing vegetation,
identify landscaping that is to be retained on the site and any additional
vegetation that is needed to satisfactorily screen the facility from
adjacent land uses and public view areas. All existing trees larger
than four 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 feet, and whether it is to be retained or removed
with project development. The landscape plan shall be subject to review
and approval of the appropriate use permit process;
B. Existing
trees and other screening vegetation in the vicinity of the facility
and along the access roads and power/telecommunication line routes
involved shall be protected from damage, both during the construction
period and thereafter. If determined to be necessary by the planning
director, a tree protection plan for noneucalyptus 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 specify the measures required to
protect trees during project construction;
C. Grading,
cutting/filling, and the storage/parking of equipment/vehicles shall
be prohibited in areas with native or landscaped plants to protect
areas within the drip lines of any tree that is required to be preserved.
Such areas shall be fenced to the satisfaction of the planning director.
Trash, debris, or spoil shall not be placed within these fences nor
shall the fences henceforth be opened or moved until the project is
complete and written approval to take the fences down has been received
from the planning director;
D. All
underground lines shall be routed such that a minimum amount of damage
is done to tree root systems;
E. All
areas disturbed during project construction other than the access
road and parking areas shall be replanted with vegetation compatible
with the vegetation in the surrounding area (e.g., ornamental shrubs
or natural brush, depending upon the circumstances) to the satisfaction
of the planning director;
F. Any
existing trees or significant vegetation, on the facilities site or
along the affected access area that die shall be replaced with a size
and species acceptable to the planning director; and
G. No
actions shall be taken subsequent to project completion with respect
to the vegetation present that would increase the visibility of the
facility itself or the access road and power/telecommunication lines
serving it.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2; Ord. 08-07 §§ 14, 15)
All wireless telecommunication facilities, except exempt facilities,
shall be unlit except for a manually-operated or motion-detector controlled
light above the equipment shed door shall be kept off except when
personnel are actually present at night. This requirement is not intended
to address interior structure lighting.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All wireless telecommunication facilities, except exempt facilities,
shall be served by the minimum roads and parking areas necessary to
accommodate service vehicles. Existing roads shall be used for access,
whenever possible, and be upgraded the minimum amount necessary to
meet standards specified by the fire chief and director of public
works. Any new roads or parking areas built shall, whenever feasible,
be shared with subsequent telecommunication facilities and/or other
permitted uses. Existing off-site parking areas shall be used, whenever
possible.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All wireless telecommunication facilities shall be sited so
as to minimize the effect on environmental resources. To that end
the following measures shall be implemented for all telecommunication
facilities, except exempt facilities:
A. Natural
vegetation and topography shall be retained to the extent feasible.
B. No
telecommunications facility or related improvements including but
not limited to access roads and power lines shall be sited so as to
create a significant threat to the health or survival of rare, threatened
or endangered plant or animal species.
C. Telecommunication
facilities or related improvements shall not be sited such that their
construction will damage an archaeological site or have an adverse
effect on the historic character of a historic feature or site.
D. The
facility shall comply with all applicable city floodplain, floodway
and storm drainage and erosion control regulations. Drainage, erosion,
and sediment controls shall be required as necessary to avoid soil
erosion and sedimentation of waterways. Structures and roads on slopes
of 10% 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 percent.
E. Potential
adverse environmental and public use impacts that might result from
project related grading or road construction shall be minimized.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
A. All
wireless telecommunication facilities, except exempt facilities, shall
be constructed and operated in such a manner as to minimize the amount
of disruption imposed on the residents of immediately adjacent homes
and the users of adjacent recreational facilities.
B. Backup
generators shall only be operated during power outages and for testing
and maintenance purposes. If the facility is located within one hundred
feet of a residential dwelling unit, noise attenuation measures shall
be included to reduce exterior noise levels to at least a sixty-five
dB CNEL at the property line and interior noise levels to at least
forty-five dB CNEL. Routine testing and maintenance shall only take
place on nonholiday weekdays between the hours of eight a.m. and five-thirty
p.m.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
All wireless telecommunication facilities shall be sited so
as to be visually compatible with their surroundings. To that end
the following measures shall be implemented for all telecommunication
facilities, except exempt facilities:
A. Facility
structures and equipment shall be located, designed and screened to
blend with the existing natural or built surroundings so as to reduce
visual impacts to the extent feasible considering the technological
requirements of the proposed telecommunication service and the need
to be compatible with neighboring residences and the character of
the community.
B. The
facility shall be designed to blend with any existing supporting structure
shall not substantially alter the character of the structure or local
area.
C. Following
the assembly and installation of the facility, all waste and debris
shall be removed and disposed of in a lawful manner.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
A maintenance/facility removal agreement, or enforceable provisions
in a signed lease that will assure the intent of this section will
be complied with, shall be signed by the applicant shall be submitted
to the planning director prior to approval of the building permit
or other entitlement for use authorizing the establishment or modification
of any telecommunications facility which includes any telecommunication
tower, a new building or equipment enclosure that in aggregate are
larger than three hundred square feet, more than three satellite dishes
of any size, or a satellite dish larger than two meters in diameter.
A. The
agreement shall bind the applicant and the applicant's successors-in-interest
to properly maintain the exterior appearance of and ultimately removal
of the facility in compliance with the provisions of this chapter
and any conditions of approval. It shall further find them to pay
all costs for monitoring compliance with, and enforcement of, the
agreement and to reimburse the city for all costs incurred to perform
any work required of the applicant by this agreement that the applicant
fails to perform. It shall also specifically authorize the city and/or
its agents to enter onto the property and undertake said work so long
as the director has first provided the applicant the following written
notices:
1. An
initial compliance request identifying the work needed to comply with
the agreement and providing the applicant at least thirty calendar
days to complete it;
2. 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 working
days; and
3. The applicant has not filed an appeal pursuant to Section
17.03.090. If an appeal is filed, the city shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action is taken in favor of the city.
B. All
costs incurred by the city to undertake any work required to be performed
by the applicant pursuant to the agreement referred to in this section
including, but not limited to, administrative and job supervision
costs, shall be borne solely by the applicant. The applicant shall
deposit within ten working days of written request therefor such costs
as the city reasonably estimates or has actually incurred to complete
such work. When estimates are employed, additional moneys shall be
deposited as needed within ten 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 working days.
It shall further require that operation remain suspended until such
costs are paid in full.
C. Standard
agreements shall include, but not be limited to, the following stipulations
agreed to by the applicant:
1. Telecommunication
facilities providers shall be strictly libel for any and all sudden
and accidental pollution and gradual pollution resulting from their
use within the city. 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, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals, electromagnetic waves and waste.
Waste includes materials to be recycled, reconditioned or reclaimed.
2. The
telecommunication facility provider shall defend, indemnify, and hold
harmless the city or any of its boards, commissions, agents, officers,
and employees from any claim, action or proceeding against the city,
its boards, commissions, agents, officers, or employees to attack,
set aside, void, or annul, the approval of the project when such claim
or action is brought within the time period provided for in applicable
state and/or local statutes. The city shall promptly notify the 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.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
No approval granted hereunder shall be effective until the applicant
and the city have executed a written agreement establishing the particular
terms and provisions under which the right to occupy the city-owned
property or right-of-way shall be used or maintained.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
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.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
A. The
planning director may approve, for a period of up to one hundred twenty
days, a temporary antenna facility to provide service while an approved
antenna facility is being fabricated or when an existing antenna has
been damaged or destroyed.
B. A pre-permanent
temporary facility may only be approved after the approval authority
has approved or conditionally approved an application for a wireless
telecommunications antenna and the project proponent has signed and
returned a copy of the conditions of approval to the planning director.
C. The
planning director shall approve the actual term, location, and design
of the temporary facility consistent with the goals and intent of
this chapter.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)
Any antenna constructed in violation of this chapter, or in violation of any prior ordinance or regulation, is subject to immediate abatement. Any antenna that is lawfully constructed prior to the effective date of this chapter that does not comply with the performance standards and requirements of this chapter, shall be deemed a nonconforming use and will be subject to the provisions of Section
17.03.070.
(Ord. 2000-04 § 2; Ord. 2000-05 § 2)