[9-21-2022 by Ord. 1782]
A. 
Purpose.
The purpose of this Chapter is to regulate the location, height, appearance, and placement of large commercial antennas and other wireless communications facilities. These regulations are designed to protect and promote the public health, safety, welfare, and aesthetic quality of the city.
B. 
Applicability.
This Chapter establishes standards to regulate the design and placement of towers, antennas, and other wireless communication transmission and/or reception facilities (hereinafter called wireless communication facilities) on public and private property, including facilities within the public right-of-way, to minimize the potential safety and aesthetic impacts on neighboring property owners and the community, and to comply with applicable State and Federal laws, including the Federal Telecommunications Act of 1996.
1. 
Small Wireless Facilities.
Section 4.26.02 (Small Wireless Communication Facilities) applies to small wireless facilities.
2. 
Large Wireless Facilities.
All other Sections of this Chapter, with the exception of Section 4.26.02 (Small Wireless Communication Facilities), apply to large commercial antennas.
a. 
Existing Facilities.
All large commercial antennas for which applications were approved and/or building permits issued prior to the adoption date of this Section shall not be subject to the application of these regulations and guidelines contained in this Chapter, unless an alteration or intensification of use is requested, in which case the provisions of this Section shall apply.
b. 
Proposed Facilities.
All large commercial antennas for which applications were received by the Community Development Department but not approved prior to the Effective Date shall be subject to the provisions of this Section.
C. 
To fulfill its purposes, this Chapter is intended to:
1. 
Establish review and approval requirements, application submittal requirements, and development standards to regulate the design and placement of wireless communication facilities so as to preserve the visual character of the city and to ensure public health and safety, consistent with federal law and Federal Communications Commission (FCC) regulations.
2. 
Acknowledge the community benefit associated with the provision of wireless communication services within the city.
3. 
Encourage the joint use of new and existing ground mounted facility monopole/tower sites as a primary option rather than construction of additional single-use towers.
4. 
Allow the Director to make certain determinations under the provisions of this Section.
[9-21-2022 by Ord. 1782]
A. 
Except as provided elsewhere in this Chapter, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(I), as may be amended or superseded, are subject to a permit as specified in the Indio City Council's "Policies, Procedures, Standards and Limitations for Submittal and Review of Small Wireless Facilities Within the Public Right-Of-Way pursuant to Indio Municipal Code Section 4.26.03[1]" ("Policy"), as adopted and amended from time to time by City Council resolution, and all small wireless facilities shall comply with such Policy. If the City Council Policy is repealed, an application for a small wireless facility shall be processed pursuant to Section 4.26.02 (Small Wireless Communication Facilities).
[1]
Editor's Note: So in original.
B. 
Waiver Request.
A waiver from the strict locational or physical requirements of the Policy may be granted by the Director, in his or her discretion, if the applicant can show, by substantial evidence, any of the following:
1. 
That compliance with a particular requirement is technologically infeasible, would result in an unreasonable interference with signal quality, or would result in an effective prohibition. The applicant will be required to prove that there are no feasible alternatives to the waiver request. A waiver request may be subject to peer review conducted by a qualified Radio Frequency (RF) engineering consultant selected by the City and paid for by the project applicant.
2. 
Because of special, unique circumstances applicable to the proposed location and/or the proposed small wireless facility, the strict application of the requirements of the Section would deprive the applicant of privileges enjoyed by other permittees in the vicinity operating a similar small wireless facility.
3. 
Denial of the small wireless facility as proposed would violate Federal law, State law, or both.
4. 
A provision of the Policy, as applied to applicant, would deprive applicant of its rights under Federal law, State law, or both.
C. 
A waiver may be granted subject to such conditions or other requirements that will meet the purposes and intent of this Section and the Policy.
[9-21-2022 by Ord. 1782]
Any monopole, single antenna, or group of antennas attached to a monopole support structure and mounted on the ground or to a building shall be subject to the following:
A. 
Permitted Locations.
A large commercial antenna may be permitted in certain zones as specified in Article 2 (Zone Regulations), and in the public right-of-way.
B. 
Permit Required.
1. 
A large commercial antenna designed as a "monopalm" or any other stealth facility (i.e., water tower, windmill, weather vane) not exceeding 70 feet in height and fully complying with all of the development standards as contained in Section 4.26.06, and located in any of the permitted zones may be approved pursuant to an Administrative Use Permit pursuant to Section 6.04.04 (Use Permits).
2. 
A large commercial antenna designed as a "monopalm" or any other stealth facility that exceeds 70 feet shall be subject to the approval of and compliance with a Conditional Use Permit (Section 6.04.04 (Use Permits).
3. 
A large commercial antenna not exceeding 35 feet in height, designed as and substantially in compliance with the City's Engineering Standards for utility poles, and fully complying with all of the development standards as contained in Section 4.26.06, may be located in the public right-of-way subject to an Administrative Use Permit pursuant to Section 6.04.04 (Use Permits). The Director must also determine, based on an analysis by an independent, qualified consultant, that the antenna's location in the City's public right-of-way is necessary to close a significant gap in coverage and is the least intrusive means of doing so. The cost of this analysis shall be paid for by the applicant.
4. 
A large commercial antenna designed as a "monopalm" or any other stealth facility that is to be placed on vacant property or property used for agricultural uses regardless of size shall be subject to the approval of and compliance with a Conditional Use Permit subject to Section 6.04.04 (Use Permits).
a. 
The applicant shall submit an analysis of the location of the commercial antenna as it relates to the development of the site.
b. 
The applicant shall submit a letter from the telecommunications carrier that the site is the proper location for the commercial development.
C. 
Eligible Facilities Request (EFR).
1. 
EFRs, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment may be approved by the Director through an Administrative Use Permit (refer to Section 6.04.04 (Use Permits)) provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.
2. 
In addition to compliance with the requirements of this Chapter, all EFRs shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director:
a. 
Any permit granted in response to an application qualifying as an EFR shall be subject to the terms and conditions of the underlying permit.
b. 
The City's grant or grant by operation of law of an EFR request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of an EFR permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
[9-21-2022 by Ord. 1782]
A. 
General Findings.
In approving any large commercial antenna facility except for a collocation facility request or an EFR, the Director shall make the following findings:
1. 
The proposed use conforms with the specific purposes of this Chapter and any special standards applicable to the proposed facility;
2. 
The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, or monopole or to accomplish collocation;
3. 
The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
4. 
The proposed facility uses a stealth design.
B. 
Additional Findings for a Large Commercial Antenna.
To approve a large commercial antenna facility, the Director shall find that a small wireless communication facility is not feasible because of technical, aesthetic, or legal considerations including that such siting:
1. 
Would have more significant adverse effects on views or other environmental considerations;
2. 
Is not permitted by the property owner;
3. 
Would impair the quality of service to the existing facility; or
4. 
Would require existing facilities at the same location to go off-line for a significant period of time.
C. 
Findings for Collocation Facilities Requests.
The proposed collocation facility meets the requirements of Section 4.26.03A.
D. 
Findings for Eligible Facilities Requests.
1. 
The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. 1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. 1.6100(b). The Director shall make an express finding for each criterion.
2. 
The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. 1.6100(b)(7)(i) through (iv), or any successor provisions.
3. 
The proposed facility will comply with all generally applicable laws.
E. 
Additional Findings for Setback Reductions.
The Director shall make one or more of the following findings, except for a collocation facility request or an EFR:
1. 
The facility will be collocated onto or clustered with an existing, legally established telecommunications/wireless facility; and/or
2. 
The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
F. 
Additional Findings for Any Other Exception to Standards.
The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable Federal or State law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.
[9-21-2022 by Ord. 1782]
An application for approval of a large commercial antenna shall include the following in addition to submittal requirements found in the Community Development Department application packet:
A. 
Site Plans.
A site plan shall be prepared and drawn to scale showing the site boundary; all existing and proposed structures; vehicular parking and access; existing landscaping to be retained, removed, or replaced; land use and zoning designations on the site; and abutting parcels.
B. 
Elevations.
Elevations drawn to scale showing all sides of any proposed building(s) and structures.
C. 
Landscape Plans.
A landscape plan shall be prepared and drawn to scale showing proposed landscaping, including species types, size, spacing, and other features.
D. 
Graphics.
A visual impact analysis including a photo simulation, field mockup, or other pictorial representation identifying the potential visual impacts of the site location of existing and proposed large commercial antenna.
E. 
Siting of Antennas.
Information demonstrating that the applicant's proposed large commercial antenna complies with the City's location guidelines and development standards, and that the proposed site best achieves the City's standards over other available sites.
F. 
FCC and State Authorization.
Documentation from the applicant that the proposed large commercial antenna meets all of the requirements of the various federal and state regulatory agencies.
G. 
Federal Avaiation Administration (FAA) Authorization.
Proof that the location and design of the proposed large commercial antenna is approved by the FAA or local airport authority, if such approval is required.
[9-21-2022 by Ord. 1782]
A. 
Height.
The maximum height for large commercial antennas mounted on a monopole or a lattice tower shall not exceed 70 feet above grade. Additional height may be approved by the Planning Commission provided that technical data justifies the need for greater height in order to close a significant gap in coverage and the additional height is the least intrusive means of doing so.
B. 
Setback of Monopole Support Structure.
A large commercial antenna consisting of a monopole design shall be located at least 100 feet from any residentially zoned property. A monopole design support structure shall comply with all setbacks according to the zone it is located in.
C. 
Design Guidelines.
Because palm trees are plentiful throughout the city, a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."
1. 
A "monopalm" designed large commercial antenna may include a cluster of at least three "Washingtonia robusta" (Mexican Fan Palm) or "Phoenix dactylifera" (Date Palm) to enhance the camouflaged antenna. Palms may have a height that is within 20 feet of the height of the "monopalm" and at varying heights planted around the "monopalm" at the time of installation. Existing landscaping material may be considered in order to screen the "monopalm."
2. 
The monopole itself shall be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets. Other screening methods may be utilized.
3. 
All large commercial antennas shall be a "stealth facility," except where completely screened from view to the public right-of-way and/or adjacent properties. Other stealth facilities may be utilized such as water towers, windmills, weather vanes, etc.
4. 
Monopoles representing religious, cultural, commercial or other symbols, signs, or statuary shall be prohibited.
5. 
If a large commercial antenna is permitted within the public right-of-way, it shall be designed as and substantially comply with the City's Engineering Standards for a streetlight, to the satisfaction of the City Engineer. The City Engineer may authorize a design that substantially complies with the standards of other utility poles if he or she determines that a street light is inappropriate for the location.
D. 
Lighting.
Large commercial antenna lighting is prohibited, except as may be required by the Federal Aviation Administration.
E. 
Signage.
Large commercial antennas shall not bear any signs or advertising devices other than those required by Federal regulations or other applicable law.
F. 
Co-Location or Co-Siting of Large Commercial Antennas.
In order to encourage co-location or co-siting of large commercial antennas and maximize community aesthetics, applicants for Administrative Conditional Use Permits may request authorization, at the time of original application submittal, for subsequent applicants to be co-located on or co-sited around the same facility. Should such request, specifying the number of subsequent users, be authorized by the Director at the time of Administrative Conditional Use Permit approval, such subsequent requests for authorization may be processed by staff administratively, provided all other code requirements and conditions of approval are adhered to.
G. 
Accessory Buildings.
Accessory buildings supporting large commercial antennas shall not exceed 600 square feet of gross floor area and a height of 12 feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks in the zone that the facility will be located in.
H. 
Accessory Buildings Material and Colors.
The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area.
I. 
Landscaping and Fencing.
Landscaping shall be utilized around accessory structures/buildings or cabinets to further screen the building or cabinets. Chain link fencing shall be prohibited where visible from any public right-of-way. A decorative block wall shall be required where visible from any public right-of-way for the purpose of enclosing accessory structures/buildings, cabinets, or equipment.
J. 
Roof Mounted Antennas.
Roof mounted antennas shall be screened from view from adjacent properties and public rights-of-way. The screening may include parapets, walls, or similar architectural elements such as towers, provided that they are colored and texturized to integrate with the existing architecture of the building.
K. 
Building Mounted Antennas.
When located on a building facade, building mounted antennas shall be of a color and texture to match the existing building.
L. 
Utilities.
All utilities associated with large commercial antennas shall be placed underground.
M. 
Access Roads.
Access roads shall be limited to 12 feet in width except where the Fire Department requires a greater width. The access road shall be paved to the satisfaction of the City Engineer.
N. 
Building Code Compliance.
Large commercial antennas, including but not limited to antennas, support structures, equipment enclosures, equipment structures, and related structures and equipment shall be designed, constructed, and maintained in accordance with the uniform building, mechanical, electrical, and other applicable codes, laws, and regulations, as enforced by the Engineering and Building Services Department, to assure that all such facilities will maintain their structural integrity despite the effects of the elements.
O. 
Interference Problems.
Interference is governed by the rules and regulations promulgated by the FCC. All large and small commercial antennas that are subject to such rules and regulations shall abide by and be in compliance with applicable FCC rules and regulations.
P. 
Right-of-Way Authority.
Only applicants authorized to enter the public right-of-way pursuant to State or Federal law or a franchise or other agreement with the City shall be eligible for a permit to install or modify a large commercial antenna in the public right-of-way.
[9-21-2022 by Ord. 1782]
A. 
Any large commercial antenna carrier who intends to abandon or discontinue use of a commercial antenna shall notify the City by certified mail no less than 30 days prior to such action. The large commercial antenna carrier or owner of the affected real property shall have 90 days from the date of abandonment or discontinuance, or a reasonable time as may be approved by the Director, to dismantle and remove the commercial antenna. In the case of multiple carriers sharing use of a single tower, this provision shall not become effective until all carriers cease operation. The subject Conditional Use Permit shall become null and void.
B. 
Any large commercial antenna that is not in operation for a continuous period of 180 days shall be considered abandoned. Upon a finding of abandonment, the City shall provide notice to the large commercial antenna carrier last known to use such facility and, if applicable, the owner of the affected real property, providing 30 days from the date of the notice to dismantle and remove the large commercial antenna. The subject Conditional Use Permit shall become null and void. This Section may not be applicable for an application to reuse an abandoned large commercial antenna provided that it complies with all development standards of this Chapter.