This chapter shall be known as the Wireless Communications Facilities Ordinance. The purposes of this chapter are to assure that wireless communications networks are completed in the least visible fashion, and with the least disruptive impact on the neighborhoods and the communities within the city of Rancho Mirage. The regulations set forth in this chapter are adopted to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the city of Rancho Mirage, as set forth in the goals, objectives and policies of the general plan, while concurrently allowing for the orderly and efficient development of a wireless communications infrastructure in accordance with the Federal Telecommunications Act of 1996. It is the public policy of this city to advance and preserve the aesthetics of this city by the undergrounding and removal of all overhead telephone and power poles, antennas and lines. Therefore, while the present state of cellular technology may require the use of above ground electronics or antennas, it is the policy of this city that all cellular equipment and antennas shall be architecturally disguised and hidden from public view. The location of all cellular equipment shall also be in compliance with all standards, except height, of the zoning district in which it is proposed.
(Ord. 778 § 1 (Exh. A), 2002)
This chapter applies to all wireless communications facilities existing and proposed to be located within the corporate limits of the city of Rancho Mirage, California. Including personal wireless services as defined by the TCA and licensed by the Federal Communications Commission, including, but not limited to, the types commonly known as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, land based repeaters for satellite broadcast services, micro-cell antennae and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. This chapter shall also apply to wireless communication facilities within public rights-of-way except as prohibited by state and federal law.
Wireless communications facilities proposed to be located in Rancho Mirage may be constructed only pursuant to a permit issued by the city in accordance with this chapter and shall comply with Municipal Code Title 17 Zoning and all other applicable laws and regulations.
This chapter does not apply to hand held mobile phones, satellite dishes less than eighteen inches in diameter, amateur radio facilities, receiving antennae for AM and FM radio and television, which may be governed by other laws including, but not limited to, city of Rancho Mirage Municipal Code.
(Ord. 778 § 1 (Exh. A), 2002)
For the purposes of this chapter, the following definitions apply. These definitions shall be adapted to the context for appropriate grammatical tense, number, case and gender.
"Ancillary structures"
means any structure or device used to contain ancillary equipment for a wireless communications facility, such as cabinets, shelters, and additions to existing structures, pedestals, and other devices serving similar purposes. Typically it includes an air conditions unit, a heating unit, electrical supply, telephone hookup and back-up power supply and may include any service roads or other access accommodations used to service the facility.
"Antenna"
means a device or system of wires, poles, rods, dishes or other devices of similar function, used for the transmission and/or reception of radio frequency signals for wireless communications, as described in the Telecommunications Act of 1996. It may include an omnidirectional antenna (whip), a directional antenna (panel) and parabolic antenna (disc). It does not include the support structure.
"Antenna array"
means a set of one or more antenna.
"Applicant/permittee"
means the person or firm applying for the permit and also refers to the wireless communication facility service provider.
"Co-location"
means the use of a common wireless communications facility or common site by two or more service applicant/permittees, or use by one applicant/permittee of a single site for two or more technologies. It is also called site sharing.
"Director"
means the director of community development, city of Rancho Mirage.
"Facility"
means any component of the wireless communication installation including any towers, antennae, and antenna array.
"PCS"
means personal communications service, as defined in the TCA and Federal Communications Commission regulations.
"TCA"
means the Telecommunications Act of 1996.
"Wireless communication"
means any electronic wireless services as defined by the TCA and/or licensed by the Federal Communications Commission, including, but not limited to, the types commonly known as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. Failure to describe any electronic service shall not act as a limitation to these definitions.
(Ord. 778 § 1 (Exh. A), 2002)
Wireless communications facilities are encouraged to be located in commercial, industrial and public/semi-public zoning districts whenever feasible. Applicant/permittees are encouraged to site facilities on existing commercial and industrial buildings. Co-location is encouraged where enclosed within an integrated architectural element such as a tower feature or behind a parapet wall on a building, but is discouraged on artificial trees, flag poles, or other stealth designs because of the anticipated difficulties in addressing visual impact.
(Ord. 778 § 1 (Exh. A), 2002; Ord. 1029 § 2, 2011)
Wireless communication facilities and ancillary structures require an application for a conditional use permit, which shall contain all information required by Section 17.32.070 (Supplementary materials).
(Ord. 778 § 1 (Exh. A), 2002)
The planning commission shall make recommendations to the city council on applications made pursuant to this chapter and the city council shall be the final reviewing authority; however, wireless communication facilities which are to be completely enclosed within an existing structure shall be subject to the review and approval of the community development director.
(Ord. 778 § 1 (Exh. A), 2002; Ord. 818 § 6, 2002; Ord. 912 § 1, 2005)
A. 
Description of Services. A description of the services the applicant/permittee proposes to offer at the proposed site, including:
1. 
A description of the location, type, capacity, field strength or power density, and calculated geographic service area of the proposed antenna or antenna array. The city retains the right to retain experts to review and assess the technical data.
2. 
Documentation that the applicant/permittee has obtained and is in compliance with all applicable licenses, permits or authorizations required by the Federal Communications Commission. A copy of the applicant's lease with the property owner shall be submitted to the community development department prior to issuance of a building permit for the wireless communication facility. If the lease is extended or terminated, notice and evidence thereof shall be provided to the director. Upon termination or expiration of the lease, the wireless communication facility shall be removed within ninety days or be considered abandoned.
3. 
Location of all existing, proposed and anticipated wireless communications facilities in the applicant/permittees network located in the city, or within one-half mile of the city's corporate limit in any direction.
4. 
A description of how the proposed facility fits into the applicant/permittee network.
5. 
In the instance where a facility is proposed within one hundred feet of residential dwellings, schools, child day care centers and hospitals, the applicant/permittee shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were not chosen.
6. 
If in a residential zone, locate each of the closest commercial zones and show why these sites were not chosen.
B. 
Design. All project applications shall adhere to the following criteria and describe location of site:
1. 
Site Characteristics. Completely describe the physical characteristics and location of the site.
2. 
Location Relative to Residential Dwellings, Schools, Child Day Care Centers, and Hospitals. Drawings shall include the location of all schools, child day care centers, hospitals, and residential dwellings within one hundred feet of the antenna array.
3. 
Addressing Visual Impacts. All applications shall demonstrate how the proposed wireless communications and ancillary structures shall be designed so that observers will be unable to discern the presence of wireless communications antenna or antenna array on the project site. This objective shall be achieved through one or more of the following techniques:
a. 
Architecture. Enclosed within an integrated architectural element.
b. 
Stealth Design. The facility shall be designed to visually and operationally blend into the surrounding area, in a manner compatible with the local community character. The facility shall use the most quiet cooling equipment and whisper emergency generating apparatus. Artificial trees may be permitted in exceptional circumstances but are generally disfavored. When artificial trees are proposed, all paint, materials and colors shall be listed by manufacturer and color number. When an artificial tree is proposed, the applicant/permittee shall provide sufficient samples, models or other information to demonstrate that alternative designs have been considered and rejected, and the reasons for the rejections. Where artificial trees (monopalms) are proposed, a landscaping and irrigation plan shall be submitted with the application that includes, at a minimum, a cluster of live palm trees aesthetically similar to the proposed monopalm. Live palm trees shall be planted that are in reasonable proportion and height to screen the proposed monopalm. In cases where flag poles are used to conceal telecommunications equipment, the pole shall be located in a pedestrian plaza or formalized/enhanced landscape setting and may not require additional screening. All ground mounted equipment shall be effectively screened with an architectural wall or placed underground.
c. 
Landscape Screening. The applicant/permittee shall provide a landscape plan to screen the facility as part of the CUP submittal. When trees are to be removed, the replacement tree shall be shown on the landscape plan.
C. 
Operational Plan. All applications for wireless communications facilities shall include written assurances that the facilities shall be operated in accordance with the following:
1. 
A lighting plan must be included with the CUP application.
2. 
Maintenance. All facilities, landscaping, and related equipment shall be maintained in good working order and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within twenty-four hours. Damaged, dead or decaying plant materials shall be removed and replaced within ten days from the date of notification.
3. 
Monitoring. Once the wireless communications facility is operating, the city may, if a legitimate concern regarding the facility arises, require the applicant/permittee to submit documentation that the facility is operating within the technical standards as described in the application and the Federal Communications Commission permit. Independent field strength or power density measurements shall be provided to the director within thirty days of written request to the applicant/permittee.
Within thirty days before or after the first and second annual anniversary of when the city issues any permit authorized by this chapter, the applicant/permittee shall submit the following information, in writing, to the director:
a. 
Confirmation that the facility continues to operate in compliance with all terms and conditions of approval by the city.
b. 
Independent field strength measurements or power density plot taken within the past thirty days that verify that the facility continues to operate in compliance with all terms and conditions and emissions standards imposed by the Federal Communications Commission.
c. 
Confirmation that the facility continues to function as an essential element of the applicant/permittees network.
d. 
Documentation of any complaints received by the applicant/permittee since the inception of operations regarding the operation and maintenance of the facility, including the applicant/permittees actions to address the complaints.
(Ord. 778 § 1 (Exh. A), 2002; Ord. 1029 § 2, 2011)
All wireless communications facilities which receive a permit under this chapter shall be completed and operational within one hundred eighty calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional one hundred eighty calendar days upon a showing of good faith efforts to complete the facility, which shall take into account complications beyond the control of applicant/permittee. If the facility is not completed and operational by the end of the extension period, then the permit shall expire, and the applicant/permittee must reapply for the permit; however, this provision shall not apply when the applicant/permittee demonstrates to the satisfaction of the director that the operational delay is due entirely to factors beyond the control of the applicant/permittee, in which event the director may extend the construction time in his or her discretion.
Any facility that ceases operating for more than ninety consecutive days shall be considered abandoned. In such an event the applicant/permittee must either: (A) apply for all permits required at the time of expiration to reactivate the operation; or (B) remove all elements of the facility and restore the site. In the event the applicant/permittee fails to apply for permits or perform the removal and restoration within these ninety days, the property owner shall have the facility removed.
(Ord. 778 § 1 (Exh. A), 2002)
Notwithstanding any other provision of this chapter, the installation of wireless communication facilities and ancillary structures shall not be subject to any absolute height limit, provided the proposed facility addresses potential visual impacts as specified in Section 17.32.070(B)(3).
(Ord. 778 § 1 (Exh. A), 2002)
A. 
Modifications to existing wireless communication facilities shall be submitted to the planning commission for approval. The following modifications may be approved by the community development director without the filing of a new application for a conditional use permit.
1. 
An increase of up to ten feet above the allowed height limit of the particular zoning district for existing towers to accommodate an attached facility on an existing structure; and
2. 
A decrease of up to ten percent in setback requirements.
B. 
Modifications to wireless communication facilities, which are other than those identified by subsection A, above, shall require approval of a conditional use permit in compliance with Chapter 17.48 and shall be submitted to the community development director.
C. 
Modification for the purposes of this section means the addition of structures or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval.
(Ord. 778 § 1 (Exh. A), 2002; Ord. 912 § 2, 2005)
A. 
Modifications to Existing Projects. Any modification to a wireless communication facility existing at the time of the adoption of the ordinance codified in this chapter shall be processed through a new conditional use permit and the facility as modified shall comply with the standards contained in this chapter.
B. 
All wireless communication facilities existing at the time of the adoption of the ordinance codified in this chapter shall either be removed or be modified through the approval of a new conditional use permit as specified in subsection A above, on or before the tenth anniversary of the effective date of the ordinance codified in this chapter.
C. 
Notwithstanding the provisions of subsection B above, the deadline for removal or modification of an existing wireless communication facility may be extended upon application by the owner of the facility, if the owner can demonstrate that as applied to the owners facility the amortization period stated in subsection B is unreasonably short when considering factors including, but not limited to, the depreciated value of the facility to be removed or modified, the remaining useful life of the facility to be removed or modified, and the harm to the public that would result from the continued existence of the facility without modification.
(Ord. 778 § 1 (Exh. A), 2002)
Notwithstanding any other provision of this title, the installation of a wireless communication facility and ancillary structures may be permitted on a property on which there exists a nonconforming building, structure, use, or site condition, provided the wireless communication facility and ancillary structures are approved through a conditional use permit as required by the chapter, except that such installations shall not be permitted on any site on which there exists a nonconforming sign.
(Ord. 778 § 1 (Exh. A), 2002)