Chapter 17.245 — WIRELESS COMMUNICATION FACILITIES

The purpose of this chapter is to establish uniform and comprehensive regulations and procedures for wireless communication facilities. It is the City's intent in establishing these regulations to allow for the development of wireless communication facilities where needed in accordance with the Federal Telecommunications Act of 1996, 42 U.S.C., Sections 151 et seq., for the orderly development and siting of wireless communication facilities in the City; Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; applicable state laws; and administrative and court decisions and determinations relating to the same. The goals of this chapter are to:

• A. Enhance the ability of telecommunication service providers to effectively and efficiently provide new wireless communication services in the City;

• B. Encourage the design and placement of wireless communication facilities in a way that minimizes their impact to the visual character, health, economic vitality and biological resources of the City;

• C. Encourage and maximize the use of existing and approved wireless communication facilities, buildings and other structures while taking into account the use of concealment technology in order to reduce the number of facilities needed to serve businesses and residents in the City;

• D. Ensure continuous maintenance of new and existing wireless communication facilities; and

• E. Ensure the timely removal of any unused or outdated wireless communication facilities. (Ord. 247, 1/15/2025)

This chapter shall not apply to any of the following:

• A. Any tower or antenna that is less than 105 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 emergency services radio, commercial radio or television purposes.

• C. Government owned and operated telecommunications facilities.

• D. Emergency medical care provider-owned and operated telecommunications facilities.

• E. Mobile services providing public information coverage of news events of a temporary nature.

F. Any wireless telecommunications facilities exempted from this Code by federal law or state law. (Ord. 247, 1/15/2025)

Concealed wireless communication facilities shall be subject to the following standards:

• A. Appropriate Location. A concealed wireless communication facility may be located in any zone classification.

• B. Permit Application. A minor development permit application shall be submitted to the Community Development Director in accordance with Chapter 17.90 of this Title accompanied by the required application fee. All the procedural provisions of Chapter 17.90 shall apply to the application for a concealed wireless communication facility, except as provided herein.

• C. Requirements for Approval. No minor development permit application for a concealed wireless communication facility shall be approved unless it complies with the following:

  1. The facility is designed so that it is not visible at all or, if visible, it is not recognizable as a wireless communication facility.

  2. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

  3. The application has met the processing requirements set forth in this chapter.

  4. The application has met the location and development standards set forth in this chapter.

  5. The application has met the requirements for approval set forth in Chapter 17.90 of this Title.

• (Ord. 247, 1/15/2025)

Disguised wireless communication facilities shall be subject to the following standards:

• A. Appropriate Location. A disguised wireless communication facility may be located in nonresidential zone classifications and residential zone classifications.

• B. Permit Application. A minor development permit application shall be submitted to the Community Development Director in accordance with Chapter 17.90 of this Title accompanied by the required application fee. All the procedural provisions of Chapter 17.90 shall apply to the application, except as provided herein.

• C. Requirements for Approval. No minor development permit application for a disguised wireless communication facility shall be approved unless it complies with the following:

  1. The facility is designed and sited so that it is minimally visually intrusive.

  2. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

  3. The application has met the processing requirements set forth in this chapter.

  4. The application has met the location and development standards set forth in this chapter.

5. The application has met the requirements for approval set forth in Chapter 17.90 of this Title.

(Ord. 247, 1/15/2025)

• A. Co-location and modifications to an existing wireless communication facility shall be subject to the following standards:

  1. Appropriate Location. A co-located wireless communication facility may be located in any zone classification.

  2. Permit Application. An application for substantial conformance shall be submitted to the Community Development Director in accordance with Section 17.125.130 of this Title accompanied by the required application fee if the co-location or modification does not constitute a substantial change to the wireless communication facility. If the co-location or modification request constitutes a substantial change, an application for a revised permit shall be made to the Community Development Director in accordance with Section 17.125.130 of this Title.

  3. Requirements for Approval. A substantial conformance shall be issued for a co-location or modification that is not a substantial change to the existing wireless communication facility if all the application requirements for a substantial conformance have been satisfied. No revised permit application for a co-location or modification of an existing wireless communication facility shall be approved unless it complies with the following:

     • a. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

     • b. The application has met the processing requirements set forth in this chapter.

     • c. The application has met the location and development standards set forth in this chapter.

     • d. The application has met the requirements for approval set forth in Section 17.125.130 of this Title.

  4. A modification to an existing wireless telecommunication facility includes:

     • a. Supporting other wireless communication facilities.

• B. Other wireless communication facilities shall be subject to the following standards:

  1. Appropriate Location. Other wireless communication facilities may be located in the following zone classifications: M-I

  2. Permit Application. A conditional use permit application shall be submitted to the Community Development Director in accordance with Chapter 17.80 of this Title accompanied by the required application fee. A public hearing on the application shall be required, and all procedural provisions of Chapter 17.80 of this Title shall apply to the application.

  3. Requirements for Approval. No conditional use permit for another wireless communication facility shall be approved unless it complies with the following:

     • a. The facility is not located within a sensitive viewshed.

• b. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

• c. The application has met the processing requirements set forth in this chapter.

• d. The application has met the location and development standards set forth in this chapter.

• e. The application has met the findings for approval as set forth in Chapter 17.80 of this Title.

(Ord. 247, 1/15/2025)

Whether located on public or private property, wireless communication facilities cannot be constructed unless a permit has first been obtained in accordance with this chapter. (Ord. 247, 1/15/2025)

An encroachment permit does not, under any circumstances, authorize the construction of wireless communication facilities.

(Ord. 247, 1/15/2025)

• A. In addition to the application requirements of the appropriate permit, all of the following shall be submitted with an application for a new wireless communication facility (Refer to Table 17.245.110-1 for summary of location, permit and development standards):

  1. Evidence that the applicant has all current licenses and registrations from the FCC, the CPUC, and any other applicable regulatory bodies necessary to provide wireless communication services utilizing the proposed wireless communication facility.

  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; access easements; and fencing.

  3. A conceptual landscape plan indicating all existing vegetation, identifying landscaping that is to be retained on the site and identifying any additional vegetation that is needed to satisfactorily control erosion and screen the facility from adjacent land uses and public vistas. All existing trees larger than four inches in diameter at a height of four and one-half feet shall be identified in the landscape plan by species type and the plan shall indicate whether the trees are to be retained or removed. Landscape plans are not required for concealed wireless communications facilities.

  4. Propagation diagrams showing the existing network coverage within one mile of the site and the proposed coverage based upon the proposed facility at the proposed height.

5. Photo simulations showing the proposed facility from all public roads and all residential developments within a one-half mile radius of the site.

6. A letter stating whether or not Federal Aviation Administration (FAA) clearance is required. If FAA clearance is required, a letter stating the type of lighting necessary and the tower color.

7. A fully executed copy of the lease or other agreement entered into with the owner of the underlying property. The lease or other agreement shall include a provision indicating that the telecommunication service provider, or its successors and assigns, shall remove the wireless communication facility completely upon its abandonment. The lease or other agreement shall also include a provision notifying the property owner that if the telecommunication service provider does not completely remove a facility upon its abandonment, the City may remove the facility at the property owner's expense and lien the property for the cost of such removal. Proprietary information in the lease may be redacted.

8. A list of all towers owned by the applicant located within the City. The list shall include the following information:

   • a. Zoning permit numbers.

   • b. Assessor's parcel number(s).

   • c. GPS coordinates.

• d. Street addresses.

  • e. Thomas Brothers map page and coordinates (identify edition used).

  • f. Type of facility (concealed, disguised, co-located, other).

  • g. Number of antennas on each facility.

9. If required by the City Engineer, a geotechnical report that shall include the following:

10. Soils and geologic characteristics of the site based upon site-specific sampling and testing;

• a. Foundation design criteria for the proposed facility;

• b. A slope stability analysis;

• c. Grading criteria for ground preparation, cuts and fills and soil compaction;

• d. A geologic hazards evaluation to include regional seismicity, potential for strong ground shaking, all appropriate primary and secondary seismic hazards, and recommended mitigation measures;

• e. A detailed fault hazard valuation prepared by a California registered geologist or certified engineering geologist for any wireless communication facility located within an Alquist-Priolo Special Studies Zone, County Fault Zone, or within 150 feet of any other active or potentially active fault; and

• f. A detailed liquefaction hazard evaluation prepared by a California registered geologist or certified engineering geologist for wireless communication towers located within a county liquefaction zone.

11. If required by the Community Development Director, a biological assessment that shall include the following:

• a. A proposed facility description including location, height of tower as measured from the ground, description of associated equipment, width and length of access roads and driveways, and length and right-of-way width of power and communication lines;

  • b. Existing biological resources on-site including quantification of vegetation and habitat types, color photo documentation of on-site and surrounding vegetation, a description of water resources, potential habitat for federal and state-listed species, and sensitive species habitats;

  • c. The results of any focused surveys for federally listed species (if required); and

  • d. Impacts to biological resources including quantification of the habitat to be removed as a result of the proposed facility.

12. A variance application pursuant to Chapter 17.70 of this Title, a variance application shall be required accompanied by the required application fee, if the wireless communication facility exceeds the maximum height allowed or the applicant desires not to comply with any other development standard herein.

13. The applicable wireless communication facility application fee established by City Council resolution as set forth in Chapter 3.44 .

14. A map that indicates existing, identifiable wireless communication facilities within a one-mile radius of the proposed location of the new wireless communication facility, and an explanation of why collocation on these existing facilities, if any, is not feasible. This explanation must include such technical information and other factual justifications as are necessary to document the reasons why collocation is not a viable option. The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable, or not as aesthetically desirable as the proposed location. This explanation must include such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable, or not as aesthetically desirable as the proposed location. If an existing wireless communication facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. The written explanation must also state the radio frequency coverage and capacity needs and objectives of the applicant and must include maps of existing coverage and predicted new coverage with the proposed facility.

15. A statement that the proposed wireless communication facility is available for collocations, or an explanation of why future collocation is not technically feasible or potentially available.

16. A radio frequency (RF) report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the frequency and power levels (in watts ERP) for all existing and proposed transmitters at the site and exhibits that show the location and orientation of all transmitters and the boundaries of areas with exposures in excess of the uncontrolled/general population limit and the controlled/occupational limit.

17. A noise study prepared and certified by an engineer for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the City's noise regulations. The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.

• B. Any applicant seeking to modify an existing wireless communication facility or to co-locate on an existing wireless communication facility need only submit items 1, 2, 3, 5, 7, 12, 11, 15, and 16 from subsection A above, as applicable.

• C. The proposed facility height shall be stated in all hearing notices.

• D. A cash or other sufficient deposit for any third-party peer review determined by the Community Development Director to be necessary to ensure compliance with the technical requirements of this chapter.

• (Ord. 247, 1/15/2025)

All wireless communication facilities shall comply with the following development standards (Refer to Table 17.245.110-1 for a summary of location, permit and development standards).

• A. Area Disturbance. Disturbance to the natural landscape shall be minimized. Disturbed areas shall be remediated immediately after construction. Remediation techniques may vary depending on the site.

• B. Fencing and Walls. All wireless communication facilities shall be enclosed with a decorative block wall, wrought iron fence, or other screening option at a maximum height of six feet as deemed appropriate by the Community Development Director.

• C. Height Limitations. The height of any wireless communication facility may not exceed the following standards:

  1. Concealed wireless communication facilities may not exceed the maximum building height in the applicable zone.

  2. Disguised wireless communication facilities may not exceed 50 feet in residential zone classifications and may not exceed 70 feet in nonresidential zone classifications.

  3. Co-located facilities that are not substantial changes to the existing wireless communication facility are not subject to any height limitation.

  4. Co-located facilities that are substantial changes to the existing wireless communication facility may not exceed the maximum building height applicable to the type of tower on which the co-located facilities will be installed.

  5. Other wireless communication facilities may not exceed the maximum building height in the applicable zone.

• D. Impacts. All wireless communication facilities shall be sited so as to minimize adverse impacts to the surrounding community and biological resources.

  1. Landscaping. All wireless communication facilities shall have landscaping around the perimeter of the leased area and shall match and/or augment the natural landscaping in the area. Wireless communication facilities construed to look like trees shall have other similar tree species planted adjacent to and/or around the facility to enhance the concealing effect. If landscaping is deemed necessary in native habitats, only native plant species shall be used in order to avoid introduction of exotic invasive species. All landscaping shall be irrigated unless a water source is unavailable within the parcel on which the facility is located. If a water source is not available, indigenous plants shall be used and manually watered until established.

  2. Lighting. Outside lighting is prohibited unless required by federal or state law. Any security lighting shall meet the requirements of Chapter 8.64 of the Wildomar Municipal Code. Any lighting system installed shall also be shielded to the greatest extent possible so as to minimize the negative impact of such lighting on adjacent properties and so as not to create a nuisance for surrounding property owners or a wildlife attractant.

• E. Noise. All noise produced by wireless communication facilities shall be minimized and in no case shall noise produced exceed 45 dBA inside the nearest dwelling and 60 dBA at the

property line.

• F. Parking. Temporary parking for service vehicles may be permitted on site. No off-site parking shall be allowed for any service vehicle. Paving for the parking shall be required, where appropriate, and may not be removed without proper mitigation. No vehicles may remain parked overnight, with the exception of technicians working at the site during the night. If a new wireless communication facility is placed on existing parking spaces required by the use currently on site, the parking spaces shall be replaced so that the current use has the necessary parking required by this Title. If such replacement of spaces is not feasible, a variance may be requested.

• G. Paved Access. All wireless communication facilities located within residential developments containing lots 18,000 square feet or smaller shall be accessed via a paved road. All wireless communication facilities within residential developments containing lots larger than 18,000 square feet shall be accessed via an all-weather surface.

• H. Power and Communication Lines. No above-ground power or communication lines shall be extended to the site, unless an applicant demonstrate that undergrounding such lines would result in substantial environmental impacts or a letter is received from the power company indicating it is unable to underground the wires. All underground utilities shall be installed in a manner to minimize disturbance of existing vegetation and wildlife habitats during construction. Removal of underground equipment upon the abandonment of a facility is not recommended unless leaving the equipment underground would pose a threat to health, safety or sensitive resources.

• I. Roof-Mounted Facilities. Wireless communication facilities mounted on a roof shall be less than 10 feet above the roofline.

• J. Sensitive Viewshed. Wireless communication facilities proposed on ridgelines and other sensitive view-sheds shall be concealed and sited so that the top of the facility is below the ridgeline as viewed from any direction.

• K. Setbacks. Wireless communication facilities shall meet the following setback requirements:

  1. Concealed wireless communication facilities shall meet the setback requirements of the zone classification in which they are located.

  2. Disguised wireless communication facilities in and adjacent to nonresidential zone classifications shall be set back from habitable dwellings a distance equal to 125% of the facility height. Disguised wireless communication facilities in or adjacent to residential zone classifications shall be set back from habitable dwellings a distance equal to 200% of the facility height or shall be set back from residential property lines a distance equal to 100% of the facility height, whichever is greater.

  3. Co-located wireless communication facilities that are a substantial change to the existing wireless communication facility shall meet the setback requirements applicable to the type of tower on which the co-located facilities will be installed.

  4. Co-located facilities that are not a substantial change to the existing wireless communication facility are not subject to any setback requirements.

5. Other wireless communication facilities shall be set back from habitable dwellings a distance equal to 1,000 feet.

• L. Support Facilities. Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to the City's Design Standards and Guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment closures shall blend with existing naturally occurring elements of the viewing background shall be screened from view by landscaping, fencing/walls or other methods. Equipment enclosures shall not exceed 13 feet in height.

• M. Treatment. Wireless communication facilities shall be given a surface treatment similar to surrounding architecture. All finishes shall be dark in color with a matte finish and have a reflective rating of 38%.

Table 17.245-110-1 - Location, Permit Application and Development Standards Summary

(Ord. 247, 1/15/2025)

• A. Any wireless communication facility that is not continuously operated for a period of 60 days shall be conclusively deemed abandoned.

• B. The telecommunications service provider shall have 60 days after a notice of abandonment is mailed by the City to either make the facility operable, replace the facility with an operable facility, or remove the facility.

• C. Within 90 days of the date the notice of abandonment is mailed, the City may remove the wireless communication facility at the underlying property owner's expense and shall place a lien on the property for the cost of such removal.

• D. The owner of the property shall, within 120 days of the City's removal, return the site to its approximate natural condition. If the owner fails to do so, the City can restore and revegetate the site at the property owner's expense.

• E. If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it.

• (Ord. 247, 1/15/2025)