(a)

Purpose. The purpose of this chapter is to regulate the location and design of wireless telecommunication facilities.

(b)

Intent. The intent of this chapter is to facilitate the orderly development and deployment of wireless telecommunication facilities in a manner that promotes the public health, safety, and welfare of the city's residents and is consistent with the goals and policies of the City of Hemet's General Plan. It is furthermore intended that, the protection of property values and the enhancement of the city's aesthetic appearance be achieved by maintaining the architectural and structural integrity of wireless telecommunication facilities and the protection of views from obtrusive and unsightly accessory structures. It is further the intent of this chapter to create reasonable regulations in conformance with the provisions of the Telecommunications Act of 1996 and other applicable federal law while ensuring access to telecommunication services and promoting fair competition among telecommunication service providers. Additionally, the intent includes establishing regulations that do not preclude antennas from receiving a signal of acceptable quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such antennas.

(c)

The city has found and determined that the regulations established in this chapter are necessary to attain the purpose and intent as stated. These regulations shall supersede any applicable provisions of the Hemet Municipal Code pertaining to such wireless telecommunication facilities, including antennas, support structures, and accessory structures.

(Ord. No. 1698, § 2, 11-10-03)

For the purposes of this article, and where not otherwise inconsistent with the context of a particular section, the following words, terms, phrases, abbreviations, and derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory. If a definition is not listed in this section, section 90-4 of the Hemet Municipal Code shall be referenced.

Accessory structure is as defined in section 90-4.

Antenna means a device or system of wires, poles, rods, dishes, disc or similar devices used for the transmission and/or receipt of electromagnetic waves.

Antenna structure means an antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna.

Camouflaged facility means any wireless telecommunication facility which is designed to blend into the surrounding land, typically one that is architecturally integrated into a building or other concealing structure, also known as a disguised or stealth facility.

Cell means the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

CEQA means the California Environmental Quality Act, Section 21000 et seq. of the Public Resources Code of the State of California.

City means the City of Hemet, California.

Colocated or colocation means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall, or building.

Commercial mobile service means any mobile service that (1) is offered in return for monetary compensation, (2) is available to the public or a substantial portion of the public, and (3) provides subscribers with the ability to access or receive communication from the public switched telephone network. Commercial mobile service includes, but is not limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications services (PCS).

Coordinated antenna program or CAP means a coordinated program to preapprove multiple locations for proposed and potential future facilities.

Fixed wireless service means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network.

Ground mounted means a wireless telecommunication facility that is mounted to a monopole or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

Lattice tower means a tower-like structure used to support antennas and comprised of up to two or more steel support legs.

Major facility means a wireless telecommunication facility that is either (1) ground mounted or (2) roof mounted, unless the roof mounted facility is screened on all four sides by solid material that is architecturally compatible with the building on which it is located or otherwise meets the criteria of a camouflage facility under this article, is compatible with the surrounding land uses, and does not exceed the maximum height of the zone in which it is located.

Microwave communication means the transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 2GHz to 300GHz frequency spectrum).

Minor facility means a wireless telecommunication facility that is either (1) wall mounted, (2) utility mounted, or (3) roof mounted, provided that the roof mounted facility is screened on all four sides by solid material that is architecturally compatible with the building on which it is located or otherwise meets the criteria of a camouflage facility under this article, is compatible with the surrounding land uses, and does not exceed the maximum height of the zone in which it is located.

Mobile service means any temporary service providing radio communication to or from at least one antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of Federal Regulations and the Federal Register.

Monopole means a structure composed of a single spire, pole, or tower used to support antennas or related equipment.

Mounted means any manner of attachment, support, or connection, whether on the ground or on a structure.

Multipoint distribution service means a microwave communications service that delivers video programming directly to subscribers, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission.

Radio communication means the transmission and/or reception of impulses, writing, signs, signal, pictures, and sounds of all kinds through space by means of electromagnetic waves.

Roof mounted means a facility that is mounted on any structure that is not specifically constructed for the purpose of supporting antennas, does not meet the definition of a ground, wall, or utility mounted facility, and is typically mounted on the roof of a building.

Satellite antenna means a device used to transmit and/or receive radio or electromagnetic waves between terrestrially and orbitally-based uses. This definition is meant to include, but not limited to, what are commonly referred to as satellite earth stations, TVROs (Satellite Television Receiving Antenna), and satellite microwave antennas.

Structure is as defined in section 90-4.

Surplus space or surplus capacity means that portion of usable space on a utility pole or other telecommunication facility which has the necessary clearance from other users, as required by the orders and regulations of the California Public Utilities Commission to allow its use by a telecommunication carrier.

Telecommunication means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Utility mounted means a facility that is mounted to an existing above-ground structure that is specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or a structure on public or private property deemed by the city to be similar in nature.

Wall mounted means a facility that is mounted on any vertical surface or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna: the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the antenna is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

Wireless telecommunication carrier, wireless carrier, or carrier means 1) any owner, by way of fee ownership, lease, or management agreement of any wireless telecommunication system or wireless telecommunication facilities, or 2) the direct or indirect provider of wireless telecommunication services whether the wireless telecommunication service is offered by the owner of the wireless telecommunication system, an affiliate, or related entity, by way of ownership, lease, control, or operation of a wireless telecommunication system. A person shall be deemed a wireless telecommunication carrier, even if it does not directly provide wireless telecommunication services, if it rents or leases a wireless telecommunication system and/or wireless telecommunication facilities to another person which provides wireless telecommunication services.

Wireless telecommunication accessory equipment, wireless accessory equipment, accessory equipment, or equipment means any equipment installed, mounted, operated, or maintained in close proximity to an antenna structure or to receive, transmit, or store signals or information received by or sent from an antenna. For the purposes of this chapter, facilities are categorized by the manner in which antennas are mounted and not by the placement of accessory equipment. It is presumed that all facilities shall include accessory equipment, which shall not affect how the facility is mounted.

Wireless telecommunication facility, wireless facility, or facility means an antenna structure and any accessory structure or accessory equipment that is used in connection with the provision of wireless telecommunication service.

Wireless telecommunication service, wireless service, or service means any type of service providing radio communications that satisfies the definition of commercial mobile service, fixed wireless service, wireless video service, wireless cellular service, or wireless voice service.

Wireless video service means any service providing radio communication which delivers video programming.

(Ord. No. 1698, § 2)

Subject to the exemptions established in sections 90-1614 and 90-1622, wireless telecommunication facilities shall comply with the provisions of this chapter as follows:

(1)

All wireless telecommunication facilities which are erected, located, or modified within the city on or following the effective date of this section shall comply with the provisions of this chapter.

(2)

All wireless telecommunication facilities for which a conditional use permit application was determined by the city to be complete prior to the effective date of this section but did not receive approval of the conditional use permit prior to the effective date of this ordinance shall comply with the provisions of this chapter.

(3)

All wireless telecommunication facilities for which a conditional use permit, building permits and any extension thereof have expired shall comply with the provisions of this chapter.

(Ord. No. 1698, § 2; Ord. No. 1744, § 1)

(a)

The following uses shall be exempt from the provisions of this chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:

(1)

Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.

(2)

Any antenna structure that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communication by satellite antenna.

(3)

Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than 12 feet above the principal building on the same lot.

(b)

The following uses shall be exempt from the provisions of this chapter, so long as the antenna structure complies with all other zoning requirements:

(1)

Any antenna structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations.

(2)

Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission).

(Ord. No. 1698, § 2, 11-10-03)

(a)

All wireless telecommunication facilities for which a request for final approval or equivalent certificate was completed by the city prior to the effective date of this article shall be subject to Chapter 90, Article II, Division 2 of the Hemet Municipal Code regarding non-conformities and any additions and/or modifications to the facility or its use shall comply with the provisions of this chapter.

(b)

All wireless telecommunication facilities for which a conditional use permit was approved by the city prior to the effective date of this chapter and a request for final approval or equivalent certificate has been completed by the city within 90 days of the effective date of this article shall be subject to Chapter 90, Article II, Division 2 of the Hemet Municipal Code regarding non-conformities and any additions and/or modifications to the facility or its use shall be subject to the provisions of this chapter.

(c)

All wireless telecommunication facilities constructed or erected prior to the effective date of this chapter that are in violation of applicable laws, ordinances, or other regulations shall be considered an illegal nonconforming facility and shall be subject to abatement as a nonconforming use pursuant to Chapter 90, Article II, Division 2 of the Hemet Municipal Code.

(Ord. No. 1698, § 2, 11-10-03)

For the purposes of this chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed wireless telecommunication facility to the relevant property line at a point five feet above the ground.

(Ord. No. 1698, § 2, 11-10-03)

(a)

All major and minor facilities shall be permitted in the applicable zone subject to the following table:

(b)

All conditional use permits required for both major and minor facilities shall be subject to the city's design review committee procedure provided for in section 90-46 and sections 90-1451—90-1457 of the Hemet Municipal Code. No application for a wireless telecommunication facility shall be considered by the planning commission prior to receiving the design review committee's recommendation pursuant to section 90-46 and sections 90-1451—90-1457.

(c)

All administrative use permits required for minor facilities shall be subject to the city's design review committee procedure provided for in section 90-46 of the Hemet Municipal Code. No application for a wireless telecommunication facility shall be considered by the planning director prior to receiving the design review committee's recommendation pursuant to section 90-46.

(Ord. No. 1698, § 2, 11-10-03; Ord. No. 1919, § 1(Exh. 5), 9-27-16; Ord. No 1929, § 3(Exh. A-3), 6-13-17)

(a)

Each applicant applying for a conditional use permit to construct, locate, mount, operate, and maintain a telecommunication facility shall submit a completed conditional use permit application per the requirements of sections 90-42 and 90-1532 of the Hemet Municipal Code.

(b)

Each applicant applying for an administrative use permit to construct, locate, mount, operate, and maintain a telecommunication facility shall submit a completed administrative use permit application per the requirements of section 90-43 of the Hemet Municipal Code.

(c)

In addition to the requirements of sections 90-42 and 90-1532 for submittal of a conditional use permit application and section 90-43 for submittal of an administrative use permit application, each submittal to construct, locate, mount, operate, and maintain a wireless telecommunication facility shall provide, as part of the application submittal, supplemental information as required in this section and determined by the planning director to be necessary to provide sufficient information to meet the intent of this chapter.

(d)

Each application shall contain an accurately dimensioned site plan that shows

(1)

The location of the entire facility, including antenna structure, accessory structures and support equipment;

(2)

The location of all guy-wires;

(3)

The location of all above and below ground wiring and connection cables;

(4)

The location of existing and proposed easements on the property affecting any part of the facility;

(5)

The location, size and type of existing and proposed landscaping; and

(6)

The distance between the antenna structure and any existing or proposed accessory structures and supporting equipment.

(e)

Each application shall provide accurately dimensioned elevations that show

(1)

Each side of the entire facility, including antenna structure, accessory structures and support equipment, with dimensions identified;

(2)

The height of any existing and proposed structure(s) and support equipment; and

(3)

The height of any panels, microwave dishes, or antennas.

(f)

Each application shall contain a letter of justification accompanied by written documentation that explains the applicant's efforts to locate the facility in accordance with the screening and site selection criteria contained in sections 90-1619, 90-1620, and 90-1621.

(g)

Each application shall contain a narrative, photographs, and a map that discloses the exact location and illustrates the type and construction of any and all existing facilities that are owned, operated or used by the applicant within the city, or within one mile of its borders, as well as any proposed or planned sites within said boundary that may reasonably be known to the applicant at the time the application is made.

(h)

Each application shall contain a narrative and appropriate maps that disclose the purpose of the facility and the service to be provided, the geographic area(s) within the city that will be serviced by the proposed facility, and the geographic area(s) bordering the city, if any, that will be serviced by the proposed facility.

(i)

Each application shall contain a radio-frequency (RF) report prepared by a qualified RF engineer to demonstrate that the proposed facility, as well as any colocated facilities, complies with current Federal RF emission standards. This RF report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions.

(j)

Each application shall contain computerized visual assessments or other exhibits equivalent in form and manner acceptable to the planning director showing the before and after visual appearances of the proposed facility.

(k)

Each application shall contain a description of the required maintenance visits to the site and security proposed to protect the site from vandalism and trespass.

(l)

Each application shall contain a preliminary environmental review in accordance with the city submittal requirements, with special emphasis placed on the nature and extent of visual and public health and safety impacts to the extent permitted by federal law.

(m)

Each application shall contain evidence of any required licenses and approvals to provide wireless telecommunication service.

(n)

Applicants are separately required to obtain all applicable federal, state and local permits, including building and construction permits that may be required prior to erecting or installing the facility.

(o)

Each application shall provide any other necessary information as may be required by the planning director.

(p)

The planning director shall determine applicable entitlement processing fees and deposits for the application, as established by city council resolution, including any applicable contract staff fees and/or deposits for the purpose of review of the application.

(q)

Any application that is improperly submitted or fails to contain all of the information as required by the Hemet Municipal Code, including this chapter, shall be deemed incomplete.

(Ord. No. 1698, § 2, 11-10-03)

(a)

Development standards for both major and minor facilities. All wireless telecommunication facilities shall comply with each of the following requirements:

(1)

A facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage.

(2)

Any and all accessory equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zone in which such accessory equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and natural features and either shrouded by sufficient landscaping or natural features to screen the equipment from view, or designed to match the architecture of adjacent buildings. If accessory equipment will be visible from a residential area or an arterial street, the applicant shall provide a solid masonry block wall that will screen the equipment or other material that is determined acceptable through the approval process.

(3)

The facility's exterior finish shall be comprised of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings or structures.

(4)

All screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached.

(5)

Facilities shall not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

(6)

The applicant and the property owner if different from the applicant shall consent to future colocation of other facilities on or with the applicant's facility, unless technological or structural requirements preclude that colocation.

(7)

For the purpose of determining setback requirements, a wireless telecommunication facility shall be considered a principal structure and shall comply with the setback requirements of the zone in which it is located. Except that if a wireless telecommunication facility is located within 200 feet of a residential zone, then it shall comply with the setback requirements for such residential zone.

(b)

Development guidelines for both major and minor facilities. In review of all wireless telecommunication facilities, the city shall, in addition to the above requirements, consider the following guidelines in conjunction with the processing of an administrative use permit or a conditional use permit:

(1)

The proposed facility should blend into the surrounding environment or be architecturally integrated into a concealing structure.

(2)

The proposed facility should be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. Any such improvements shall be appropriate for and compatible with the site and surrounding area.

(3)

The total size of proposed facility should be compatible with the surrounding and supporting structures.

(4)

If feasible, the location of the proposed facility should conform to the following in order of preference:

a.

Colocated with an existing facility or located at a pre-approved location.

b.

Attached to an existing structure such as an existing building, communication tower, church steeple or utility.

c.

Located in a industrial zone.

d.

Located in a commercial zone.

(5)

The proximity of the proposed facility to residential structures and to boundaries of residential zones.

(6)

The availability of suitable alternative locations for the facility.

(7)

The nature of existing uses on adjacent and nearby properties.

(8)

Proposed ingress and egress to the facility.

(Ord. No. 1698, § 2, 11-10-03)

(a)

Additional development standards for minor facilities. In addition to the requirements of section 90-1619, the following requirements shall apply to minor facilities:

(1)

Roof and wall mounted facilities.

a.

No roof or wall mounted facility shall exceed the maximum building height for the applicable zone in which it is located unless both of the following findings are made by the approving authority:

1.

The applicant has satisfactorily demonstrated that exceeding the height limitation is necessary for proper operation of the facility; and

2.

The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of zoning requirements is necessary to the proposed shared use.

(2)

Utility mounted facilities.

a.

A utility mounted facility shall not exceed the maximum building height for the applicable zone in which it is located unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the height limitation is necessary for proper operation of the facility.

b.

A utility mounted facility shall not exceed the height of the existing utility pole or structure by more than four feet unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the four foot limitation is necessary for proper operation of the facility.

c.

A utility mounted facility shall not protrude or extend horizontally more than 18 inches from the existing utility pole or structure unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the 18-inch limitation is necessary for proper operation of the facility, or required by the owner of the existing utility pole or structure.

(Ord. No. 1698, § 2, 11-10-03)

(a)

Additional development standards for major facilities. In addition to the requirements of section 90-1619, the following requirements shall apply to major facilities.

(1)

All major facilities.

a.

No portion or extension of a major facility shall protrude beyond property lines or extend into any portion of property where such facility is not itself permitted; provided, however, that the city may approve the location of guy wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this chapter.

b.

Construction of new lattice towers and the extension or expansion of an existing lattice tower shall not be permitted.

c.

If a proposed major facility cannot be colocated, it must be sited at least 1,500 feet from any existing major facility unless the approving authority finds that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area.

(2)

Ground mounted facilities.

a.

A ground mounted facility shall not be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such area.

b.

A ground mounted facility shall not be permitted unless the approving authority finds that based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed the facility. Evidence supporting this finding may consist of any of the following:

1.

No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.

2.

Existing buildings or support structures are not of sufficient height or structural strength to satisfy the applicant's operational or engineering requirements.

3.

The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunication service provider, in order to colocate a new antenna array on an existing building or structure, or to adapt an existing building or structure for the location of the new antenna array, are unreasonable.

4.

There are other limiting factors that render existing buildings and structures unsuitable for use by the applicant.

c.

A ground mounted facility shall be secured from access by the general public with a fence or other form of screening approved by the approving authority.

d.

A ground mounted facility shall be covered with a clear anti-graffiti material of a type approved by the planning director. The planning director may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the planning director that the design of the facility is adequate to prevent graffiti.

e.

No ground mounted facility shall exceed the maximum building height for the applicable zone in which it is located unless both of the following findings are made by the approving authority:

1.

The applicant has satisfactorily demonstrated that exceeding the height limitation is necessary for operation of the facility; and

2.

The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of zoning requirements is necessary to the proposed shared use.

(3)

Roof mounted facilities.

a.

A roof mounted facility may only exceed the height of the building on which it is mounted by a maximum of 15 feet, but only if one of the following findings is made by the approving authority:

1.

The applicant has satisfactorily demonstrated that the proposed height is the minimum necessary for proper operation of the facility.

2.

The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of the existing building is necessary for the proposed shared use.

b

A roof mounted facility that extends above the existing height of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building.

c

A roof mounted facility, requiring the placement of any guy wires, supporting structures, or accessory equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public streets, including any pertinent public views from higher elevations.

(b)

Additional development guidelines for major facilities. In review of major facilities, the city shall, in addition to the guidelines in section 90-1619, consider the following additional guidelines in conjunction with the processing of a conditional use permit for a major facility.

(1)

All major facilities.

a.

If the approving authority finds that colocation is not a feasible option and that a new facility may be located less than 1,500 feet from an existing major facility, the new facility should be located at least 500 feet from the existing facility.

b.

A major facility should not be located within 200 feet of any property containing a residential use.

(2)

Ground mounted facilities.

a.

A ground mounted facility should be located in close proximity to existing above ground utilities, such as electrical tower or utility poles (not scheduled for removal or under-grounding in the next 18 months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the city.

b.

No part of a ground mounted facility should be located in any required setback.

(Ord. No. 1698, § 2, 11-10-03)

(a)

Private telecommunication facilities located on city-owned or operated property.

(1)

Privately owned or operated telecommunication facilities may be located on property owned or operated by the city, subject to the city council's approval of a negotiated lease agreement between the telecommunication service provider and the city. Telecommunications facilities to be located on city-owned or operated property shall not be required to obtain a conditional use permit or an administrative use permit under the provisions of sections 90-1611 et seq. The lease agreement shall set forth requirements for a major or minor facility which are substantially consistent with the development standards and conditions of sections 90-1611 et seq. The lease agreement shall also contain operating covenants substantially consistent with the objectives of sections 90-1611 et seq. in order to protect the public health, safety and welfare.

(2)

Notwithstanding subsection (1) above, the lease agreement approving the location of privately owned or operated telecommunications facilities on city-owned or operated property shall be subject to all applicable environmental regulations including but not limited to the California Environmental Quality Act and the Western Riverside County Multiple Species Habitat Conservation Plan.

(b)

Public telecommunication facilities.

(1)

The location, installation, and operation of any telecommunication facilities or other communication facilities owned or operated by the city on property owned or operated by the city, or within its right-of-way shall not be subject to the provisions of this article.

(2)

The location, installation, and operation of any telecommunication facilities or other communication facilities owned or operated by any other governmental entity other than the city on property owned or operated by the City, or within its right-of-way, shall be subject to the provisions of subsection (a) above, unless the city council, by four-fifths vote of its membership and a finding of public necessity, exempts the facility from such requirements.

(Ord. No. 1698, § 2; Ord. No. 1744, § 2)

(a)

Requirements. Any wireless service or utility provider may apply for approval of a coordinated antenna plan (CAP) providing pre-approval for the use of proposed and potential future locations for facilities. Approval of a CAP shall be through a conditional use permit and shall be subject to the following requirements:

(1)

The CAP shall specify permissible development and design characteristics for identified future locations, including but not limited to maximum height and size, type of supporting structure, and type of antenna.

(2)

The CAP shall identify potential future locations by lot and parcel number.

(3)

Following approval of a CAP, each facility that complies with the specifications of the CAP may be approved subject to an administrative use permit. Except for the type of permit, nothing in this section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this chapter, and an administrative use permit may be denied or conditions placed upon its approval, notwithstanding prior approval of a CAP.

(4)

Any conditions placed on the approval of an administrative use permit for a facility that complies with a CAP shall be consistent with the specifications of the CAP.

(5)

The CAP shall not vest any permanent rights to use the pre-approved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire 24 months following its approval regardless of whether any administrative use permit has been granted pursuant to the CAP. The planning commission may at its discretion, after written request therefore, extend the term of the CAP for up to 24 additional months; no CAP shall continue longer than 48 months.

(b)

Findings. Approval of a CAP shall be based upon the following findings:

(1)

The CAP is consistent with the purpose and intent of this chapter and all its regulations and requirements.

(2)

The CAP is consistent with the city's general plan and Municipal Code.

(3)

The construction of a facility in compliance with the CAP will not have a significant adverse impact on the site upon which it is located or the surrounding neighborhood beyond those impacts considered in the approval of the CAP.

(c)

Application procedures. Each applicant for a CAP shall submit the following information:

(1)

Written application on a form prescribed by the planning department.

(2)

A map clearly indicating the following information:

a.

Lot and parcel dimensions for all proposed locations.

b.

Location, size, height and use of all existing building and structures on the proposed location and abutting properties.

c.

Location, height, and description of all existing above-ground utility facilities on the proposed location and abutting properties.

d.

Location, size, and dimensions of all existing yards, setbacks, landscape areas, parking, walls, fences, and spaces between structures on the proposed location and abutting properties.

e.

Any other information as may be required by the planning department.

(3)

Letter of justification indicating for each location the proposed maximum height of the facility; the anticipated type of antenna structure; any anticipated accessory equipment to be located on the site; proposed screening materials, if any; and willingness to colocate on the proposed location.

(4)

All applicable permit processing fees as established by resolution. An additional permit fee for each proposed facility shall be submitted with each subsequent application for an administrative use permit, and with each request for modification of a permit.

(d)

Modification procedures. Subsequent approval of an administrative use permit for a facility subject to a CAP requires strict compliance with the specifications of the CAP (in addition to any conditions of approval placed on the CAP); provide, however, that the planning director may approve a minor modification of the CAP concurrent with an application for an administrative use permit. For the purposes of this section, a minor modification shall include any adjustment to the approved specifications of the CAP which (a) does not increase the height of the facility by more than five percent from the approved maximum height, (b) does not move the location of the facility closer to any approved location, (c) does not move location of the facility within 200 hundred feet of a residential property or school facility, and (d) does not otherwise significantly increase the adverse impacts upon the subject site or surrounding neighborhood.

(Ord. No. 1698, § 2, 11-10-03)

(a)

Appeal of a conditional use permit for a wireless telecommunication facility may be made by an interested party in accordance with the provisions of section 90-1539.

(b)

Appeal of an administrative use permit for a wireless telecommunication facility may be made by an interested party in accordance with the provisions of section 90-43.6.

(Ord. No. 1698, § 2, 11-10-03)

(a)

Any permit granted or approved pursuant to this chapter shall be granted or approved by the city with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but not limited to, the following in relation to the approved facility as described and diagramed in the approved application materials: increased height or size of the facility; additional impairment of the views from surrounding properties; change in the type of antenna or supporting structure; changed color or materials; substantial change in location on the site; and an effective increase in signal output above or near the maximum permissible exposure limits imposed by the revised radio frequency emissions guidelines by the federal communications commission.

(b)

The reservation of right to review any permit approved hereunder by the city is in addition to, and not in lieu of, the right of the city to review, suspend, revoke, or modify any permit approved hereunder for any violations of the conditions imposed on such permit.

(c)

Upon review, any changed circumstance as determined by the planning director shall require the application and approval of a modification to the original administrative use permit or conditional use permit, provided that any modification to accommodate colocated facilities may be approved administratively.

(d)

Any review, suspension, revocation, or modification of a permit shall be in accordance with the procedures set forth in section 90-43 for an administrative use permit and sections 90-1545 and 90-1546 for a conditional use permit.

(Ord. No. 1698, § 2, 11-10-03)

(a)

The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the planning director in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premise as appropriate such as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within 90 days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements. For the purposes of this paragraph, a discontinued use shall be permanent unless the facility is likely to be operative and used within the immediately following three-month period.

(b)

A facility that is inoperative or unused for a period of six continuation months shall be deemed abandoned. Written notice of the city's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon [which] the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, shall be deemed given at the time delivered or placed in the mail. A written notice of the city's determination of abandonment shall be mailed or delivered to the operator of the facility at the address stated in the relevant permit application.

(c)

The operator of the facility and the owner(s) of the property on which it is located, shall within 30 days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the planning department with written objection to the city's determination of abandonment and request for hearing before the planning commission. If a written objection is timely received and a hearing is properly requested, the hearing shall be set and notice given as prescribed in section 90-43. The operator and/or owner shall be given the opportunity to provide evidence that the facility was in use during the relevant six-month period and that it is presently operational. The operator and/or owner shall be given the opportunity to cross-examine any evidence provided by the city to the contrary. The planning commission shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination.

(d)

The city may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable Code at any time: 1) after 30 days following the notice of abandonment, or 2) following a notice of decision by the planning director, if applicable, subject to the owner/operator's right of appeal under this Code. The city may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the city promptly after demand therefore is made. The city may, in lieu of storing the removed facility, convert it to the city's use, sell it, or dispose of it in any manner deemed by the city to be appropriate.

(e)

The operator of the facility, and the owners of the premises upon which it is located shall be in violation of this chapter for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to this Code.

(f)

Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the personal property and any real property on which the abandoned facility was located, for the full amount of the cost of removal, repair, restoration and storage. The planning director shall cause the lien to be recorded in the Riverside County Recorder's Office.

(Ord. No. 1698, § 2, 11-10-03)

If any word, phrase, sentence, part, subsection, or other portion of this article, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.

(Ord. No. 1698, § 2, 11-10-03)