2009-67 Wireless Communication Facilities ORDINANCE NO. 2009-67
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADOPTING
CHAPTER 9.8 OF THE MENIFEE MUNICIPAL PROVIDING FOR WIRELESS
COMMUNICATION FACILITIES SITING AND REPEALING RIVERSIDE COUNTY
ORDINANCE NO. 348 SECTIONS 18.30 (d); 18.30(f) and 19.400 THROUGH 19.500
The City Council of the City of Menifee does ordain as follows:
Section 1. Purpose. The purpose of this ordinance is to do each of the following:
(a) Protect and promote public health, safety and welfare for the citizens of the City;
(b) Protect the visual character of the City from potentially adverse effects by
maintaining architectural and structural integrity and preventing blight and noise;
(c) Retain control over local right of way and public buildings and facilities;
(d) Promote managed development of wireless telecommunications facilities and
preserve access to emergency response networks;
(e) Specifically assure screening and on-going maintenance of such facilities and the
areas surrounding them as well as removal upon termination of useful life;
(f) Establish a simplified approval process to ensure area access to telecommunications
services, specifically through and by encouraging co-location;
(g) Work with wireless telecommunications providers so that local regulations do not
preclude the reception of acceptable signal quality, create unreasonable delay or
costs of installation; and
(h) Balance public and private concerns.
Section 2. Chapter 9.8 is added to the Menifee Municipal Code to read as follows:
Chapter 9.8
Siting of Wireless Communication Facilities
Section
9.8.010 Definitions.
9.8.020 Exclusions.
9.8.030 Zoning for Wireless Communication Facilities.
9.8.040 Application and Permitting Process.
9.8.050 General Requirements for all Telecommunication Facilities and Antennas.
9.8.060 General Requirement—Height.
9.8.070 General Requirements—Basic Tower and Building Design.
9.8.080 General Requirements—Vegetation Protection and Facility Screening
9.8.090 General Requirements - Lighting
Ordinance No.2009-67
Siting of Wireless Facilities
9.8.100 General Requirements - Roads and Parking
9.8.110 Maintenance of Hardscape
9.8.120 Abandoned Sites
9.8.130 Suspension and Revocation
9.8.140 Nonconforming Facilities
9.8.150 Enforcement
9.8.010. Definitions.
The following terms shall have the following meanings for purposes of this article:
a. "Antenna" means a device used for the purpose of transmitting and/or receiving wireless
communication signals but does not include a satellite dish or antenna.
b. "Antenna Structure" means an antenna and its associated support structure, such as a
monopole or tower.
c. `Electric utility tower" means a structure that supports,holds or contains wires that
transfer electricy.
d. 'Equipment Enclosure" means any freestanding or mounted structure, shelter, cabinet, or
vault used to house and protect the electronic and supporting equipment necessary for
processing wireless communication signals. "Supporting equipment" includes,but is not
limited to, air conditioners, emergency generators, and other back-up power suppliers.
e. "Monopole" means a vertical, unguyed structure erected on the ground to support an
antenna.
f. "Telecommunication Service Provider" means the private entity that is responsible for
providing wireless communication to the general public or that owns or operates a
wireless communication facility, and includes a company which owns the facilities and
leases them to a telecommunications service provider
g. "Tower" means a structure that supports holds or contains equipment that sends and/or
receives wireless communication signals, including, but not limited to, antennas.
h. "Wireless Communication Facility" means a facility that sends and/or receives personal
wireless communication signals, including, but not limited, to antennas,microwave
dishes or horns, antenna structures,towers, equipment enclosures and the land upon
which they are all situated, but not including satellite antennas. Wireless communication
facilities are classified as follows:
(1) "Concealed Wireless Communication Facility is one which is blended into
the environment so as not to be seen at all or, if seen, not to be recognized as wireless
communication facilities; also called "stealth". Concealed wireless communication facilities
include, but are not limited to, architecturally screened roof-mounted facilities, facade-mounted
design feature facilities, clock tower facilities and entry statement signage facilities. The
Community Development Director shall make the final determination as to whether a facility
under review constitutes a concealed wireless communication facility.
(2) "Disguised Wireless Communication Facility" is one which is designed
and sited so as to be minimally visually intrusive. Disguised wireless communication facilities
include, but are not limited to, disguised palm trees (monopalms), disguised pine trees
(monopines), disguised ball field light poles, disguised water towers, disguised street lights,
disguised electric utility poles, existing electric utility towers, suspended wire antennas and
painted poles located within a grove of live trees. The Community Development Director shall
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Ordinance No.2009-67
Siting of Wireless Facilities
make the final determination as to whether a facility under review constitutes a disguised
wireless communication facility.
(3) "Co-located Wireless Communication Facility" is a facility owned by one
telecommunication service provider that is attached to a facility owned by a different
telecommunication service provider or a facility owned by another utility, such as an electric
utility tower. The Community Development Director shall make the final determination as to
whether a facility under review constitutes a co-located wireless communication facility.
(4) "Other Wireless Communication Facility" means one that is not
concealed, disguised or co-located.
9.8.020. Exclusions.
This article shall not apply to:
(a) any tower or antenna that is less than seventy (70) feet in total height and that is
owned and operated by a federally-licensed amateur radio station operator;
(b) any tower or antenna used for commercial radio or television purposes or low power
television;
(c) any satellite dish or antennas;
(d) where the tower or antenna is installed and maintained as provided in an approved
specific plan.
9.8.030. Zoning for Wireless Communication Facilities.
Type of Facility All Agricultural All Recreational All Commercial All Industrial or
or Residential and Open Space Zones Administrative Manufacturing Zones
Zones used for Zones(Parks) Approval with Administrative
residences Optional Public Approval with
Hearing Optional Public
Hearin
Facility mounted on Not Allowed* for Yes-when Yes—when disguised Yes -with screening
the roof or on/in residences; concealed or or concealed and fencing for
building or existing allowed for disguised equipment
structure churches or other
non-residential
uses in residential
zone only when
concealed or
disguised and
with written
consent of the
Community
Development
Director based
upon aesthetics,
architectural
integration,pole
height and similar
factors as set out
herein
Antennas Mounted Yes—Same as Yes—when Yes—when disguised Yes-screening and
on public facilities above concealed or or concealed fencing for equipment
i.e.water tanks, disguised
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Siting of Wireless Facilities
PUMP stations or
utility poles
Stand alone facilities Yes—Same as Yes—when Yes—when disguised Yes-screening and
above concealed or or concealed fencing for equipment
disguised
Co-location Shall be treated in Same as original Same as original Same as original
the same manner location location location
as location
*In the event City must site a facility in an area where otherwise not allowed in order to provide
for coverage or co-location, such siting will require a major conditional use permit.
9.8.040. Application and Permitting Process.
(a) A wireless communication facility may be approved administratively with a
minor conditional use permit unless the Community Development Director determines that a
major conditional use permit is required because of the location of the facility, height or other
structural issue,public controversy or environmental concerns. The Community Development
Director also may refer a minor conditional use permit to the Planning Commission for action.
All applications shall be accompanied by the required fees or the application shall not be deemed
complete.
(b) When the application requests a height variance application because the wireless
communication facility exceeds the maximum height allowed or the applicant desires not to
comply with any other development standard of this Chapter,the application shall be processed
as a major CUP. Any height variance shall be contained within the terms of the CUP.
(c) The City shall comply with processing timeframes set by the Federal Communications
Commission and upheld by court decision in processing conditional use permits as permits for.
wireless communications facilities.
(d) In addition to the application requirements of the appropriate permit, all of the
following shall be submitted with a wireless communication facility application:
(1) A proposed facility description including location, height of tower as
measured from the ground, description of associated equipment.
(2) A site plan drawn to scale by a California licensed land surveyor or civil
engineer showing property lines;the location of the proposed facility; the distance of the
proposed facility from property lines; adjacent roadways and rights-of-way; contours;the height
of the proposed facility and the facility type; guy wires and anchors; facility dimensions;
setbacks; existing structures on the underlying property; elevation drawings depicting the typical
design of the proposed facility; parking; and fencing;
(3) Consent of the owner of the property to its use for the wireless
communication facility as well as ongoing maintenance and removal obligations;
(4) A landscape plan which meets the requirements of Section 9.8.080 hereof,
including but not limited to landscaping or vegetation replacement and maintenance consistent
both with the type of facility proposed and the zone in which it is located.
(5) A plan for maintenance of the site, including trash and graffiti removal, and
facility upkeep under Section 9.8. 110hereof;
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Siting of Wireless Facilities
(6) Photo simulations showing the proposed facility from all public roads and
all residential developments within a 1/2 mile radius of the site.
(7) Provisions for removal of the wireless communication facility upon
termination of the lease or abandonment of the facility which meet the requirements of Section
9.8. 120 hereof, and which may consist of a copy of the lease or other agreement entered into
with the owner of the underlying property, or other evidence thereof deemed sufficient by the
City, confirming that the telecommunication service provider, or its successors and assigns, shall
remove the wireless communication facility completely upon its abandonment.
(8) Completed FCC Radio Frequency Emissions Local Government Officials
Guide Appendix A
(9) If required, a geotechnical report
(10) If located within a criteria cell, a biological assessment
(11) Examples of supplemental project information that may be required
include the following.
(a) Propagation map(s) or telemetry depicting the service area;
(b) 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;
(c) 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).
(d) A plan for additional notice to surrounding properties; for example,
for facilities in commercial areas adjacent to residential or other zones where facilities are not
allowed.
The Community Development Director is explicitly authorized at his/her discretion to
employ 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. To the extent allowed by law, 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.
9.8.050. General Requirements for all Telecommunication Facilities and Antennas.
All wireless telecommunication facilities and antennas,telecommunication facilities and
antennas shall meet the following general requirements and standards:
(a) Be consistent with the applicable general plan, any specific plan, zoning, 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 Municipal Code
that are not in conflict with the requirements contained in this chapter;
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Siting of Wireless Facilities
(c) Comply with all applicable FCC rules, regulations, and standards;
(d) Be sited to minimize their visibility as much as possible with maximum screening
of support equipment and facilities;
(e) Comply with the Uniform Building Code, National Electric Code,Uniform
Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable;
(f) 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;
(g) Maintain applicable easements or similar restrictions on the subject property;
(h) All setbacks shall be measured from the base of the tower or structure to the
applicable property line or structure; where possible, facilities 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;
(i) Maintain a security program when determined to be necessary by, and subject to
the review and approval of,the Menifee police department that will prevent unauthorized access
and vandalism;
0) Shall not contain or add advertising or signs to telecommunications facilities and
antennas. Notwithstanding, 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
(k) Notwithstanding the provisions of subsection(1) of this section, all freestanding
telecommunication sites shall provide unlighted 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.
9.8.060. General Requirement—Height.
(a) The height of the support structure shall be no greater than the minimum
necessary to provide the required coverage but shall not exceed 70 feet unless a variance is
obtained.
(1) 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, or unless it is colocated or disguised on an
existing structure
(b) Height shall be measured as follows:
(1) 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.
(2)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.
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Siting of Wireless Facilities
(3)For Utility Tower Mounted Antennas. The height of the antenna structure
shall be measured from the base of the Utility Tower, not the grade of the climbing leg
foundation of the structure, if the climbing leg foundation of the Utility Tower structure is not at
grade due to exposed footings.
9.8.070. General Requirements —Basic Tower and Building Design and Screening.
All wireless telecommunication facilities, except exclusions, 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) Antennas shall be constructed of metal or other non-flammable material, unless
specifically approved by the city to be otherwise.
(b) All buildings,poles, towers, antenna supports, antennas, and other components of
each telecommunications site shall be comprised of materials that are of the same color or treated
with nonselective colors to provide concealment as well as with anti-graffiti paint or coating and
vines/plants
(c) 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).
(d) 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).
(e) Freestanding above ground telecommunication support facilities shall be no taller
than one story (about fifteen feet) in height and the screening shall be constructed to fit the
design of surrounding buildings or facilities typically found in the area. Screening may including
block wall, wrought iron fencing, or other effective mechanism aesthetically consistent and
acceptable to and approved by the Community Development Director.
- (f) Telecommunication facilities shall insure that sufficient anti-
climbing measures have been incorporated into the facility, as needed,to reduce potential for
trespass and injury.
9.8.080. General Requirements —Vegetation and Landscape; Screening, Protection
and Maintenance.
All equipment enclosures shall be installed in such a manner so as to maintain and
enhance existing native and/or landscaped vegetation to screen the facility. The level of
screening shall be consistent with the type of facility proposed, its zone and location. In
addition, a landscape screening and maintenance plan or schedule shall be submitted, indicating
all existing vegetation to be maintained and landscaping that is to be installed on the site to
control erosion and screen the facility from adjacent land uses and public vistas and to restore
vegetation removed or damaged during construction. Notwithstanding, the Community
Development Director may consider non-vegetative screening where appropriate and effective.
(a) The plan shall comply with the City's adopted Water Efficient Landscape Design
Ordinance.
(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 to the extent possible, both during the construction period and thereafter.
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Ordinance No.2009-67
Siting of Wireless Facilities
(c) The maintenance plan or schedule for landscaping and vegetation shall provide
for the repair and replacement of dead or damaged vegetation, watering (as necessary), disease
and insect control, pruning and so forth. The provisions of the lease may set out the Lessee's or
Lessor's responsibility for such maintenance; in addition,the property owner shall agree to
perform such maintenance to the extent the telecommunications service provider does not do so.
The property owner shall consent to the City's entry onto the property to inspect and, as
necessary, restore or remove vegetation and lien the property or the secured property tax roll for
the costs thereof.
9.8.090. General Requirements —Lighting.
All wireless telecommunication facilities, except exclusion, 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.
9.8.100. General Requirements - Roads and Parking.
All wireless telecommunication facilities, except exclusions, 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.
9.8.110 Maintenance of Hardscape and Debris Removal.
In addition to the provisions for ongoing vegetation and landscape maintenance, the
provisions of the lease shall set out the Lessee's responsibility for the maintenance of support
facilities (i.e. cleaning,painting and specifically the removal of graffiti immediately) as well as
the removal of trash and debris from the site. The property owner shall agree to perform such
maintenance to the extent the telecommunications service provider does not do so. The property
owner shall consent in writing to the City's entry onto the property to inspect and, as necessary,
remove debris and graffiti as well as repair or fence any support facilities which constitute a
safety hazard and specifically consent to the City's ability to lien the property or place a lien on
the tax roll for the repayment of such costs, plus interest, without any further notice thereof.
9.8.120. Abandoned Sites.
(a) Any wireless communication facility that is not continuously operated for a
period of ninety (90) days shall be conclusively deemed abandoned except when such non-
operation is the result of natural disaster, in which case the period of time shall be 180 days (six
months). The telecommunications service provider shall give written notice to the City at such
time as use of the facility ceases.
(b) The telecommunications service provider shall have sixty(60) days after a notice
of abandonment is mailed by the City to make the facility operable, replace the facility with an
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Ordinance No.2009-67
Siting of Wireless Facilities
operable facility, or completely remove the facility and all supporting facilities and restore the
site.
(c) The owner of the property in a safe manner shall remove and thereafter cause the
site to be restored to its original condition(wear and tear excepted)within 180 days of the
removal of the facilities. Alternatively,the carrier shall provide a letter of credit or cash deposit
acceptable to the City which guarantees removal of all such equipment and restoration of the
property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust
by the city for the express purpose of using the funds for removal of the equipment/facility.
(d) If the owner does not do so within that period of time,the City may remove or
cause to be removed the wireless communication facility at the underlying property owner's
expense and place a lien on the property for the cost of such removal as set out in the written
consent provided by the property owner.
(e) If there are two (2) or more users of a single facility, the facility shall not be
deemed abandoned until all users abandon it.
9.8.130 Suspension and Revocation.
The revocation of the permit issued under this Chapter shall occur in the same manner as
its approval. Pending such revocation proceedings,the Community Development Director or
City Building Official may suspend the permit in order to protect public health, safety or welfare.
Grounds for revocation shall include, but are not limited to:
(a) The facility has failed to comply with any applicable federal standards;
(b) The operation fails to comply with the requirements of this Chapter or of the
permit after 30 days prior written notice to do so;
(c) The facility(including the landscaping,hardscape or site has not been properly
maintained or poses a threat to public health, safety or welfare.
9.8.140. Nonconforming Facilities and Antennas.
(a) Any facility constructed in violation of this Chapter after the effective date of this
Chapter, or in violation of any prior ordinance or regulation, is subject to immediate abatement.
(b) Any antenna that is lawfully constructed prior to the effective date of this Chapter
shall be considered a legal nonconforming use.
9.8.150 Enforcement.
The City will use reasonable efforts to notify the site applicant and the site owner, if
different,prior to any abatement or enforcement action. The City may enforce this ordinance in
any legally available manner, including but not limited to abatement by the City with costs
charged to the property owner. Violation of any of the provisions of this Chapter shall be
considered a public nuisance.
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Ordinance No.2009-67
Siting of Wireless Facilities
PASSED, APPROVED and ADOPTED this 16`h day of February, 2010.
Wallace W. E%erton, Mayor
ATTEST:
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Kathy Bennett, City Clerk Eliza eth Martyn, City Attomey
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