Protect and promote public health, safety and welfare of the citizens of Temecula;

Protect the visual character of the city from the potential adverse effects of telecommunication facility development and antenna installation by maintaining architectural and structural integrity and preventing unsightly facilities;

Insure against the creation of visual blight within or along the city's scenic corridor and ridgelines;

Retain local responsibility for and control over the use of public right-of-way to protect citizens and enhance the quality of their lives;

Protect the inhabitants of Temecula, to the extent permitted by law, from the possible adverse health effects associated with exposure to high levels of NIER (nonionizing electromagnetic radiation);

Protect environmental resources in and around Temecula;

Promote the planned and managed development of telecommunications infrastructure;

Promote fair and effective telecommunication services and insure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community;

Create and preserve telecommunication facilities that will serve as an important and effective part of Temecula's emergency response network;

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;

Ensure area access to satellite telecommunications services; and

Encourage the co-location of new telecommunication antennas.

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;

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;

Comply with all applicable FCC rules, regulations, and standards;

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;

Comply with the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable;

Comply with applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations;

Antennas shall be constructed of metal or other non-flammable material, unless specifically approved by the city to be otherwise;

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;

Maintain applicable easements or similar restrictions on the subject property;

All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure and shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel, so as to create a negative visual impact;

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;

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;

All references to different zones and zoning districts shall also be construed to mean the planning areas in an approved specific plan;

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

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.

Examples of supplemental project information that may be required include the following:

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

The following requirements apply to all facilities described in this section:

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.

Up to two vertical antennas that are less than fifteen feet in height above the roof of a commercial or industrial building;

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:

The following requirements apply to all facilities described in this section:

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:

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.

The co-location of a new antenna onto a building where another antenna is located.

The following requirements apply to all the facilities described in this section:

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.

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:

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.

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.

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.

The following requirements apply to all the facilities described in this section:

All other wireless telecommunication facilities and antennas that are not specifically exempted from regulation or are described in Sections 17.40.050, 17.40.060, 17.40.070 and 17.40.080, including the approval of a request for a multi-user site, as well as all monopoles and towers shall be subject to the approval of a conditional use permit by the planning commission.

Exceptions to the requirements specified within this chapter may be granted through issuance of a conditional use permit by the planning commission. Such a permit may only be approved if the planning commission finds, after receipt of 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.

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.

The facility has failed to comply with any applicable federal standards;

The operation fails to comply with the requirements of this chapter as they exist at the time of permit renewal;

The facility has not been upgraded to minimize its impacts (including aesthetics) on the community to the greatest extent permitted by the technology that exists at the time of renewal;

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

The facility has not been properly maintained.

No telecommunication facility or antenna that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the approval authority is submitted showing a clear need for this facility and the infeasibility of co-locating it on another antenna or establishing a multi-user site.

The antenna shall be located outside all yard and street setbacks specified in the zoning district in which the antenna is to be located unless technical evidence acceptable to the planning director or planning commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility.

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.

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.

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.

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.

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.

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.

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.

Telecommunication support facilities in areas of high visibility shall be sited below the ridgeline or designed, where possible, to minimize their profile (i.e., placed underground, depressed, or located behind berms).

Freestanding above ground 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.

Telecommunication facilities shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

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.

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.

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.

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.

Facilities that are not proposed to be co-located with another telecommunication facility or antenna shall provide a written explanation why the subject facility is not a candidate for co-location. Co-location of facilities is not required if, at the sole discretion of the planning director, it may compromise proprietary data, equipment or technology.

The facility shall make available unutilized space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the planning director.

Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it becomes necessary for the host to go off-line for a significant period of time.

Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates interference or interference is anticipated as a result of said establishment of additional facilities, shall include provisions for the relocation of said existing public use facilities. All costs associated with said relocation shall be borne by the applicant for the additional facilities.

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;

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;

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;

All underground lines shall be routed such that a minimum amount of damage is done to tree root systems;

All areas disturbed during project construction other than the access road and parking areas shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances) to the satisfaction of the planning director;

Any existing trees or significant vegetation, on the facilities site or along the affected access area that die shall be replaced with a size and species acceptable to the planning director; and

No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.

Natural vegetation and topography shall be retained to the extent feasible.

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.

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.

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.

Potential adverse environmental and public use impacts that might result from project related grading or road construction shall be minimized.

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.

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.

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.

The facility shall be designed to blend with any existing supporting structure shall not substantially alter the character of the structure or local area.

Following the assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.

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:

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.

Standard agreements shall include, but not be limited to, the following stipulations agreed to by the applicant:

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.

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.

The planning director shall approve the actual term, location, and design of the temporary facility consistent with the goals and intent of this chapter.