§ 33-704. Personal wireless service facilities—Development and operating standards. — Escondido Zoning Code

The following operating standards shall apply to all personal wireless service facilities:

(a) Interference. The operation of personal wireless service facilities shall be in conformance with all applicable Federal Communications Commission regulations regarding interference with other equipment.
(b) Screening. All personal wireless utility equipment (i.e., antennas, support structures, mounts, equipment, etc.) shall be screened from view of adjacent properties or public rights-of-way to the maximum extent possible. Screening may include integrating architectural elements, color and texture of the antenna structure, fencing, landscaping, or other method appropriate to the specific situation. Screening may be waived by the director of community development if the available methods of screening create a greater visual impact, or call greater attention to the facility than if otherwise left unscreened.
(c) Equipment. With the exception of small wireless facilities located in the public right-ofway, associated equipment shall be placed within an existing building whenever possible. Locational standards for equipment associated with small wireless facilities in the public right-of-way shall comply with development standards contained in any guidelines adopted pursuant to subsection (k) of this section.
(d) Setbacks and height. With the exception of small wireless facilities located in the public right-of-way, antennas, poles, mounts and all utility equipment shall not be located in required front, rear, side and street side-yard setback areas. All façade-mounted and roofmounted facilities and screening materials shall not project above the height limit of the zoning district within which the facility is located, unless otherwise permitted in conformance with section 33-8 (building height) and section 33-1075 (permitted structures in excess of height limits) of the zoning code. Facilities installed on residential uses in residential zones shall meet the underlying zone's height standards for principal structures. Height limitations for small wireless facilities in the public right-of-way shall comply with development standards contained in any guidelines adopted pursuant to subsection (k).
(e) RFR emissions. Ninety days after installation of any facility, under full operating conditions, the applicant shall measure the radio frequency(ies) emitted by the facility and submit an operational radio frequency study to the planning division to verify conformance of the facility with the theoretical study and applicable ANSI/IEEE and FCC standards for radiofrequency radiation exposure.
(f) Noise. Noise levels generated by wireless equipment shall not exceed the noise level limits of the underlying zone and receiving land use, whichever is less. Appropriate siting and

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City of Escondido, CA § 33-704

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§ 33-704

building measures shall be incorporated into the facility to comply with the city's noise requirements. An acoustical study may be required, as determined by the director of community development.

(g) Lighting. Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other on-site facilities for maintenance purposes shall be shielded from abutting properties.
(h) Signage. Signs shall be limited to those needed to identify the property and the owner and to warn of any danger; shall provide one or more 24 hour emergency telephone numbers; and shall be subject to the approval of the planning division.
(i) Maintenance. All facilities, landscaping and related equipment shall be maintained in good working condition and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within 30 calendar days. Damaged, dead or decaying plant materials shall be removed and replaced within 30 calendar days.
(j) Hillside and ridgeline overlay district. Personal wireless service facilities located within close proximity to a skyline ridge or intermediate ridgeline shall be subject to the provisions of the hillside and ridgeline overlay district.
(k) Public right-of-way. Unless expressly stated otherwise, all requirements of this article shall apply to the placement, construction, modification or reconstruction of any personal wireless service facilities proposed within the public right-of-way, except to the extent precluded by state or federal law. The following additional requirements also shall apply:
- (1) All personal wireless service facilities must comply with the city's requirements for an encroachment permit as set forth in Chapter 23 of this code and any guidelines adopted pursuant to this article. All applicants shall enter into a license agreement as provided by the city to the extent the facility is proposed to be located on city facilities.
- (2) All personal wireless service facilities in the public right-of-way that are not small wireless service facilities shall require a major conditional use permit.
- (3) Small wireless facilities in the public right-of-way. All small wireless facilities installed in the public right-of-way shall comply with the development standards included in any guidelines adopted pursuant to this section. Development standards in the adopted guidelines may address various design, use of right-of-way, and aesthetic aspects including, but not limited to, size, spacing, quantity, location, color, method of mounting, orientation, concealment of cables, wires, and conduit, and other physical aspects of the antennas, equipment, and structures on which the facilities are mounted.

ursuant to this section. Development standards in the adopted guidelines may address various design, use of right-of-way, and aesthetic aspects including, but not limited to, size, spacing, quantity, location, color, method of mounting, orientation, concealment of cables, wires, and conduit, and other physical aspects of the antennas, equipment, and structures on which the facilities are mounted.

(4) Small wireless facility permits. All new small wireless facilities proposed within the public right-of-way, and any collocations or modifications to existing small wireless facilities within the public right-of-way shall require the issuance of a small wireless facility permit. The director may establish the forms and submittal requirements to implement the requirements of this section and any guidelines adopted pursuant to it.
- (A) Administrative permit. All proposed small wireless facilities which meet all the

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City of Escondido, CA § 33-704

ESCONDIDO CODE

§ 33-704

requirements in this article and any guidelines adopted pursuant to it, may be processed through an administrative small wireless facility permit. The director shall determine whether an application meets the requirements of this article and any adopted guidelines. The permit will be approved if the regulations are met, or denied if the regulations are not met. The application process shall follow the procedures set forth in any guidelines adopted pursuant to this article.

  - (B) Minor conditional use permit. Any small wireless facility proposed on a new vertical structure that is not a street light, any facilities that project from a support structure by use of an arm or other horizontal bracket/brace, and any facility that exceeds the quantitative limitations described in this article and any guidelines adopted pursuant to it, shall require a minor conditional use permit, pursuant to Article 61 of this code. 

  - (C) Findings. Applications for small wireless facility permits shall demonstrate complete conformance with the development standards established by this section any guidelines adopted pursuant to it. 

     - (i) Administrative permit. In order to determine conformance with development standards, the director shall make all of the following findings when issuing an administrative permit: 

        - a. That the applicant has demonstrated that the small wireless facility is being placed on the most-preferred support structure that is technically feasible; 

        - b. That the location of the proposed small wireless facility conforms to the requirements of this article and any adopted guidelines; and 

        - c. That the design of the proposed small wireless facility conforms to the requirements of this article and any adopted guidelines.

(ii) Minor conditional use permit. In addition to the findings in section 33-1203, the zoning administrator must also make the same findings required under subsection (k)(4)(C)(i). If the decision of the Zoning Administrator is not satisfactory to the applicant, the applicant may appeal the decision to the Planning Commission in accordance with procedures set forth in Article 61.
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- (D) Appeals. Decisions of the director and zoning administrator may be appealed pursuant to section 33-1303 of the Escondido Zoning Code. 
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- (5) The city council may, by resolution, establish additional criteria, clarifications and guidelines for the location, operation, design and review of small wireless facilities in the public right-of-way.
(l) Installation of remote units (less than 30 inches in diameter) required for private, fixed wireless service on private property or installed by the city are not subject to the provisions of this article and are exempt from review by the zoning administrator, planning commission or city council.
(m) Residential locations. The following development standards shall apply to any wireless communication facility located on land developed with residential as the primary use. This

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City of Escondido, CA § 33-704

ZONING