Menifee Zoning Code Ch. 9.290 Wireless Communication Facilities

Contents:

9.290.010 Purpose

9.290.020 Applicability

9.290.030 Permit Requirements

9.290.040 Effect of Location on Public Property

9.290.050 Effect of Encroachment Permit Issuance

9.290.060 Development Standards – General

9.290.070 Development Standards – Small Cell Attachments within the Public Right-of-Way

9.290.080 Abandoned Sites

The purpose of this chapter is to establish 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, as amended, while maintaining development standards and permitting requirements consistent with state law. The goals of this chapter are to:

1. Enhance the ability of wireless communication service providers to effectively and efficiently provide new wireless communication services in the City of Menifee.
2. 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.
3. 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 Menifee.
4. Ensure continuous maintenance of new and existing wireless communication facilities.
5. Ensure the timely removal of any unused or outdated wireless communication facilities.

1. The provisions of this chapter shall apply to all wireless communication facility uses as defined in this Title.

2. The provisions of this chapter shall not apply to:

3. Any tower or antenna that is owned and operated by a federally licensed amateur radio station operator and is less than 70 feet in total height.

4. Any tower or antenna used for commercial radio or television purposes.

5. Any satellite dish or antenna for private use.

6. Where the tower or antenna is installed and maintained as provided in an approved specific plan.

1. Minor Conditional Use Permit Required. The following wireless facilities shall require approval of a Minor Conditional Use Permit pursuant to Chapter 9.40 (Conditional Use Permit).

2. The placement of wireless communication facilities in any permitted zone as indicated on the allowed use tables of Article 3 (Zones), except as specified in Subsection 9.290.030.B and C.

3. The placement of small cell attachments on public and private poles in the public right-of-way.

4. Minor Plot Plan Required. The placement of co-located wireless communication facilities meeting the following requirements shall require the approval of a Minor Plot Plan pursuant to Chapter 9.80 (Plot Plan) provided the facility:

5. Was approved subject to an environmental impact report, negative declaration or mitigated negative declaration.

6. Otherwise complies with the requirements of Government Code Section 65850.6(b) for the co-location of wireless telecommunication facilities.

7. Such co-location does not increase the height or change the location of the existing wireless telecommunication facility or otherwise change the bulk, size or other physical attributes of the existing permitted wireless telecommunication facility.

8. Major Conditional Use Permit Required. A Major Conditional Use Permit shall be required for any new stand-alone wireless facility that is not co-located or is not incorporated into an existing building.

9. Exemptions. The following project activities are exempt from the permit requirements of this chapter. Additional permits and approvals may be required, including building permits.

10. Removal of wireless communication facilities.

11. Change of antennas on any existing wireless communication facility which does not result in increased visibility of the structure.

12. Compliance with Other Regulations and Approvals. All wireless communication facilities shall comply with applicable Federal Communications Commission (FCC) rules, regulations and standards and shall comply with the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Fire Code, where applicable.

13. Authority to Employ Technical Expert. The Community Development Director is explicitly authorized at his or her discretion to employ an independent technical expert to review any submitted supplemental or technical materials or provide technical knowledge to the City. The technical expert shall be agreeable to both the City and the service provider. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. To the extent allowed by law, any proprietary information that is disclosed to the city or any expert hired shall be located in a separate private file, shall remain confidential, and shall not be disclosed to any third party.

14. Modifications. The approval authority is explicitly authorized and provided the discretion to allow for modifications or variations from the development standards listed in 9.290.060 through 9.290.070, if the approval authority finds:

15. That such modification(s) or variation(s) will not result in any adverse incompatibility, noise, visual, or public safety impacts to surrounding properties given the project design and the location of the proposed facility; and

16. That the overall intent and purpose of Chapter 9.290 is maintained and preserved.

17. For an eligible facilities request, the applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request.

18. Permit Review (“Shot Clock”) Time Periods

19. The timeframe for review of an application shall begin to run when the application is submitted but shall be tolled if the City finds the application incomplete and provides notice of incompleteness that delineates the missing information in writing. Such requests shall be made within 30 days of submission of the application. After submission of additional information, the City, will notify the applicant within 10 days of this submission if the additional information failed to complete the application.

20. For applications involving an “Eligible Facilities Request” as defined in Chapter 9.305, the City will act on the application within 60 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

21. For applications involving modifications to existing facilities that cannot be classified as an “Eligible Facilities Request”, the City will act on the application within 90 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

22. For applications involving new fixed wireless telecommunication facility sites or neutral host sites (e.g. Distributed Antenna Systems, Small Cell Networks), the City will act on the application within 150 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Whether located on public or private property, wireless communication facilities cannot be constructed unless a permit has first been obtained in accordance with this Title.

An encroachment permit does not, under any circumstances, authorize the construction of wireless communication facilities without obtaining the permits and approvals required by this Title.

All wireless communication facilities shall comply with the following development standards:

1. Siting.

2. All wireless communication facilities shall be located to maintain applicable easements or similar restrictions on the subject property.

3. Wireless communication facilities shall meet the setbacks of the underlying zone. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure. Where possible, facilities shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel so as to create a negative visual impact.

4. In residential zones, wireless communication facilities are prohibited on properties containing residences but may be permitted on properties containing churches or other non-residential uses in residential zones only when concealed or disguised and with written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein.

5. Wireless communication facilities must be located so as to avoid precluding the future development of the surrounding property and area.

6. Height Limitations.

7. The height of the antenna structure shall be no greater than the minimum necessary to provide the required coverage and shall not exceed an overall height of 70 feet as measured pursuant 9.60.040 Building Height Measurements and Exceptions.

8. No new antenna structure that exceeds 15 feet in height shall be installed on an exposed prominent ridgeline greater than 1,350 feet above mean sea level, unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible, or unless it is co-located or disguised on an existing structure.

9. Wireless communication 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).

10. A freestanding above ground wireless communication support facility shall be no taller than 15 feet in height.

11. Stealth, Concealment, Screening, Materials and Design.

12. Antennas shall be constructed of metal or another nonflammable material, unless specifically approved by the City to be otherwise.

13. All buildings, poles, towers, antenna supports, antennas and other components of each wireless communication site shall comprise materials that are of the same color or treated with colors to conceal the equipment, as well as with anti-graffiti paint or coating and vines/plants.

14. Wireless communication support facilities in the public right-of-way shall be constructed of nonreflective materials (visible exterior surfaces only).

15. Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to any applicable design 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 and shall be screened from view. Screening may include a block wall, wrought iron fence or other effective mechanism, as determined by the Community Development Director.

16. Vegetation and Landscape Screening, Protection and Maintenance. All equipment enclosures shall be installed in such a manner so as to maintain and enhance existing native and/or landscaped vegetation to screen the facility. The level of screening shall be consistent with the type of facility proposed, its zone and its location. In addition, a landscape screening and maintenance plan or schedule shall be submitted and must contain the items noted below. Notwithstanding, the Community Development Director may consider non-vegetative screening where appropriate and effective. The landscape screening and maintenance plan shall:

17. Comply with the City’s adopted Title 15.04 (Landscape Water Use Efficiency Requirements) and Chapter 9.195 (Landscaping Standards).

18. Indicate all existing vegetation to be maintained and landscaping that is to be installed on the site to control erosion and screen the facility from adjacent land uses and public vistas and to restore vegetation removed or damaged during construction.

19. Provide for the protection of existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/wireless communication line routes from damage to the extent possible, both during the construction period and thereafter.

20. Provide for the repair and replacement of dead or damaged vegetation, watering (as necessary), disease and insect control, pruning and so forth. The provisions of the lease may set out the lessee’s or lessor’s responsibility for such maintenance. In addition, the property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent to the City’s entry onto the property to inspect and, as necessary, restore or remove vegetation and to place a lien on the property or on the secured property tax roll for the costs thereof.

21. Maintenance and Debris Removal. In addition to the provisions for ongoing vegetation and landscape maintenance, the provisions of the lease shall set out the lessee's responsibility for the maintenance of support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately) as well as the removal of trash and debris from the site. The property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as to repair or fence any support facilities which constitute a safety hazard and specifically consent to the City's ability to place a lien on the property or on the secured property tax roll for the repayment of such costs, plus interest, without any further notice thereof.

22. Lighting. Except as required by State or Federal law, all wireless communication facilities shall be unlit except for a manually operated or motion-detector controlled light above the equipment shed door, which shall be kept off except when personnel are present at night. This requirement is not intended to address interior structure lighting. 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.

23. Parking. All wireless communication facilities shall be served by the minimum roads and parking areas necessary to accommodate service vehicles. Existing roads shall be used for access, whenever possible, and be upgraded to the minimum amount necessary to meet standards specified by the Fire Marshal and the Director of Public Works. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent wireless communication facilities and/or other permitted uses. Existing off-site parking areas shall be used whenever possible.

24. Signage. All freestanding wireless communication sites shall provide unlighted identification signage of not more than 3 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. Wireless communications facilities and antennas shall not contain or add advertising or signs.

25. Security. The wireless communications service and property owner shall:

26. Maintain a security program when determined to be necessary by, and subject to the review and approval of, the Menifee Police Department that will prevent unauthorized access and vandalism.

27. Ensure sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce the potential for trespass and injury.

Table 9.290.060-1 (1) (2)

(2022-351, 09/21/2022)

Effective on: 10/21/2022

All small cell attachments on structures or poles in the public right-of-way shall comply with Municipal Code Chapter 14.01 for Small Cell Attachments within the Public Right-of-way.

1. Any wireless communication facility that is not continuously operated for a period of 90 consecutive days (3 months) shall be conclusively deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be 180 days (6 months). The wireless communication service provider shall give written notice to the City at such time as use of the facility ceases.
2. The wireless communication service provider shall have 60 days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility or completely remove the facility and all supporting facilities and restore the site.
3. The owner of the property in a safe manner shall remove the facilities and thereafter cause the site to be restored to its original condition (wear and tear excepted) within 180 days of the removal of the facilities. Alternatively, the wireless communication service provider shall provide a letter of credit or cash deposit acceptable to the City which guarantees removal of all such equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the City for the express purpose of using the funds for removal of the equipment/facility.
4. If the owner does not remove the facilities within 60 days of a notice of abandonment, the City may remove or cause to be removed the wireless communication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner.
5. If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it.