Chapter 17.32 — WIRELESS COMMUNICATION FACILITIES

Prior History: Ord. 778; Ord. 818; Ord. 912; Ord. 1029, were repealed by Ord. 1223, 6/5/2025.

The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development of wireless communication facilities. The regulations contained herein are intended to protect and promote public health, safety, and welfare and the aesthetic quality of the city while providing reasonable opportunities for communication services to provide such services in a safe, effective and efficient manner. These regulations are intended to address the following community concerns:

• A. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently, while balancing aesthetic quality of the city;

• B. To ensure radio frequency radiation is in compliance with federal requirements;

• C. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers, antennas, and facilities through careful design, siting, landscape screening, and innovative camouflaging techniques; and

• D. To allow new communication technology in appropriate areas within the city to promote access to wireless communications services.

• (Ord. 1223, 6/5/2025)

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 Telecommunications Act of 1996 (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 18 inches in diameter, amateur radio facilities, receiving antennae for AM and FM radio and television, or other facilities which may be exempt pursuant to applicable state or federal law, which may be governed by other laws, including, but not limited to, city of Rancho Mirage Municipal Code. (Ord. 1223, 6/5/2025)

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.

"Antenna" means any system of wires, poles, rods, panels, reflecting discs or similar devices used for the transmission or reception of radio frequency electromagnetic waves.

"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.

"Building-mounted" means any antenna, or other antenna associated support equipment resting on the ground, directly attached or affixed to the building, tank, tower or other structure other than a wireless communication tower.

"Co-location" means the placement of two or more wireless communication facilities service providers sharing one support structure or building for the location of their facilities. It is also called site sharing.

"Director" means the director of development services, city of Rancho Mirage.

"Existing facilities" means an existing structure located in the public right-of-way or a building with an approved site development permit and/or an existing wireless communication facility with a previously approved conditional use permit.

"FAA" means the Federal Aviation Administration.

"Facility" or "wireless communication facility" means any component of the wireless communication installation including any towers, antennae, and antenna array.

"FCC" means the Federal Communication Commission.

"FCC OET Bulletin 65" refers to the Federal Communication Commission Office of Engineering and Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as may be revised from time to time.

"Ground-mounted" means an antenna or other antenna associated support equipment with its support structure placed directly on the ground.

"Hand-held source" means a transmitter normally operated while being held in the hands of the user.

"NIER" means non-ionizing electromagnetic radiation.

"Roof-mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than a communication tower.

"Satellite dish" means any device incorporating a reflective surface that is solid, open mesh or bar configuration, that is shallow dish, cone, horn, bowl or cornucopia or similar shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.

"Small cell facilities" means any wireless communication facility that meets the following exact conditions, as defined by the FCC in Title 47 Code of Federal Regulations (CFR) Section 1.6002(I) as a "small wireless facility," as may be amended:

1. The facilities and its structure on which antenna facilities are mounted are:

   • a. 50 feet or less in height, including antennas, as defined in 47 CFR Section 1.1320(d) , or

• b. No more than 10% taller than other adjacent structures, or

  • c. Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10% above its height as a result of the addition of the facility, whichever is greater; and

2. Each antenna associated with the deployment (excluding the associated equipment with that specific antenna, as defined in the definition of antenna in 47 CFR Section 1.320(d) ) is no more than three cubic feet in volume; and

3. All antenna and other wireless equipment associated with the small cell facility's antennas, including any pre-existing associated equipment on the structure (but, excluding the antennas themselves) are cumulatively no more than 28 cubic feet in volume; and

4. The facility does not require antenna structure registration under Title 47, Part 17 of the Code of Federal Regulations; and

5. The facility is not located on Tribal lands, as defined under Title 36, Section 800.16(x) (or successor provision) of the Code of Federal Regulations; and

6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in FCC Rule 1.1307(b).

"Stealth" means improvements or treatments added to a wireless communication facility which mask or blend the proposed facility into the existing structure or visible backdrop in such a manner as to minimize its visual impacts, or any design of a wireless communication facility to achieve same. Stealth designs may utilize, but do not require, concealment of all components of a facility. Examples of stealthing include, but are not limited to, the design and construction of a tower so that it is disguised as a flagpole, tree, palm or sculpture, or the incorporation of colors and design features of nearby structures.

"Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

(Ord. 1223, 6/5/2025)

Wireless communications facilities are encouraged to be located in commercial and public/semipublic zoning districts whenever feasible. Applicants are encouraged to site facilities on existing commercial buildings. Co-location is encouraged.

• A. In the instance where a facility is proposed within 100 feet of residential zoning or child day care centers, the applicant shall submit a narrative description of alternative sites considered, if any, and include specific reasons why these alternative sites were not chosen. Drawings shall include the location of all schools, child day care centers, hospitals, and residential dwellings within 100 feet of the antenna array.

• (Ord. 1223, 6/5/2025)

• A. Except as specifically otherwise noted, general approval standards for all communication facilities include:

  1. Compliance with all federal and state statutes, laws, rules and regulations, including, but not limited to, FCC licensing, NIER levels, and FAA requirements;

  2. Addition of the planned equipment to an existing or approved facility shall not result in NIER levels in excess of those permitted by the FCC;

  3. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible.

• B. Facility Provisions.

  1. All towers shall incorporate stealth/camouflaged design(s) to the maximum extent feasible, to avoid adverse visual impacts to the surrounding properties and the community as a whole.

  2. The base of the tower shall comply with the setback standards in the underlying zoning district at minimum and may be required to provide additional setbacks dependent on potential impacts.

  3. 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 below and is shown to be necessary to fulfill the coverage needs:

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 quietest cooling equipment commercially available and whisper emergency generating apparatus. Where artificial trees (for example monopalms) are proposed, a landscaping and irrigation plan shall be submitted with the application that

includes additional landscape to conceal the facility, including additional live trees. Live trees shall be planted that are in reasonable proportion and height to screen the proposed facility. In cases where flag poles are used to conceal communications 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. 

4. The proposed tower shall be designed structurally to accommodate the maximum number of foreseeable users, including all potential co-location scenarios.

5. All accessory structures associated with a tower shall comply with the setback standards in the underlying zoning district, unless determined otherwise by the director.

   6. If lighting is proposed, a photometric plan shall be submitted for consideration. Lighting shall be consistent with Section 17.18.050 of the Municipal Code.

   7. Existing on-site vegetation shall be preserved to the maximum extent feasible and may be required to be enhanced.

• C. Roof-Mounted and Building-Mounted Communication Facilities.

  1. All building-mounted facilities shall be screened in compliance with Section 17.20.140 .

  2. Equipment shall not be visible to surrounding properties, or shall be screened to match existing structures.

  3. All equipment shall blend or architecturally match the existing design of the building. Elements used to screen roof-mounted or building-mounted equipment shall not appear as "add-on" elements to the existing building.

• D. Small Cell Facilities.

  1. All small cell facilities shall be required to meet the following standards:

     • a. Painted or treated to match the pole and/or structure on which it is to be located.

     • b. All wiring shall be enclosed within the antenna, pole and/or structure so that it is not visible from the right-of-way or neighboring parcels.

     • c. All antennas shall not exceed 12 inches in diameter and 36 inches in height.

     • d. All ground-mounted equipment shall be fully screened in equipment cabinets integrated within the base of the pole or in a permanent cabinet located within the approved location.

     • e. All small cell facilities shall incorporate stealth/camouflaged design(s) to the maximum extent feasible, and as allowed by pertinent law, to avoid adverse visual impacts to the surrounding properties and the community as a whole.

  2. Small cell facilities shall only be mounted on the top of, or within the top five feet of a structure.

  3. The associated equipment (as that term is used in the definition of small cell facilities) shall be located within the base of the pole on which the small cell is located, only if such equipment does not impede the path of travel or reduce a sidewalk to a width narrower than that required by the Americans with Disabilities Act (ADA) and/or building code in effect at

the time. If appurtenant equipment is to be located in a ground-mounted cabinet, it shall be placed on a permanent foundation in the landscaped parkway of the public right-of-way, and shall be screened by landscaping to the satisfaction of the director.

4. Small cell facilities shall not be located within 25 feet of a residential structure, unless approved by the owner of the residence, or homeowners association/membership if the residence is located within a homeowners association/membership, or development services director.

5. Prior to applying for a permit for the development and deployment of a small cell facility, the applicant must demonstrate compliance with either of the following standards (or some combination thereof where necessary):

• a. Where the facility is to be located on city-owned property, the applicant must have a fully executed lease, license, or other reasonable city-approval indicating that the city has consented to the proposed facility.

  - b. Any other application shall be accompanied by proof that the applicant has sufficient rights to install and maintain the proposed facility. 
  

• E. Other Facilities. Other facilities are described as those communication facilities that do not fit the descriptions above. These facilities may include, but are not limited to, rock features and other wireless communication facility designs. All communication facilities shall be stealth to the maximum extent feasible.

• (Ord. 1223, 6/5/2025)

• A. All new communication facilities shall require a conditional use or modification permit with the review authority detailed below unless determined otherwise by the director in accordance with Section 17.34.010 :

  1. Director review authority for a new wireless communication facility established on an existing building or structure.

  2. Planning commission review authority for new wireless communication facility tower located within a project site with an existing or entitled tower.

  3. City council review authority for new wireless communication facility towers.

• B. Additions, such as additional antennas or equipment or size increases, to approved existing facilities/sites may require a modification permit for director approval. All modifications and/or additions shall be reviewed on a case-by-case basis. Wireless communication facilities which are to be completely enclosed within an existing structure shall be subject to the review and approval of the director.

• (Ord. 1223, 6/5/2025)

In all cases, unless otherwise waived by the director, an application for approval of a wireless communication facility shall include, at a minimum:

• A. A site plan or plans drawn to scale and identifying the site boundaries; tower(s); guy wires; existing and proposed facilities; vehicular parking and access; existing vegetation to be added, retained, removed or replaced; and uses, structures and land use and zoning designations on the site and abutting parcels.

• B. A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features.

• C. Photo simulations showing the proposed wireless communication facility and surrounding features. Photo simulations shall include at least three different angles of the proposed facility at different distances from the location, including before and after visualizations.

• D. Propagation maps showing all existing wireless communication facilities within a 10-mile radius of the proposed facility. The propagation maps shall show existing coverage without the proposed site, predicted coverage with the proposed site and existing sites, and the predicted coverage of only the proposed site. Propagation maps shall show the predicted coverage for indoor, in vehicle, and outside service. Maps at varying wireless communication facility heights may be required.

• E. The applicant shall provide a project information and justification letter. The letter shall provide the project location, contact information, a project description and project objectives, alternative site analysis and justification for why the proposed site was chosen over existing sites. The letter shall include justification for the selected site and a benefits summary on how the proposed site will improve wireless communication access in the community.

• F. Engineering certification demonstrating compliance with all existing RF emissions standards and structural requirements. The technical information submitted must also include technical support/analysis to justify the proposed height of the antenna mount.

• G. Documentation that the applicant/permittee has obtained and is in compliance with all applicable licenses, permits or authorizations required by the Federal Communications Commission and FAA.

• H. The applicant shall provide a letter of authorization from the property owner/authorized agent. (Ord. 1223, 6/5/2025)

• A. All new communication towers shall be designed within the applicable American National Standards Institute (ANSI) standards.

• B. No wireless communication facility or combination of facilities shall produce, at any time, power densities that exceed current FCC adopted standards for human exposure to RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless communication facility.

• C. All wireless communication facilities shall be installed and maintained in compliance with all applicable state, federal and local laws, rules and regulations, including, but not limited to the requirements of the applicable Building and Electrical Codes, the city's noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and this chapter. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site.

• D. All wireless communication facilities and related support equipment shall be designed to prevent unauthorized persons from accessing and/or climbing upon any wireless communication facility or appurtenance thereto. Fences, walls, and other landscape materials shall be installed to prevent unauthorized persons from accessing and/or climbing a wireless communication facility.

• E. If the subject site is subject to a lease, the permittee shall: (1) promptly provide city any lease extension; or (2) provide notice and evidence of termination or expiration to the director within 60 days of the earlier of any termination notice or effective termination/expiration of the lease.

Upon termination or expiration of the lease, the wireless communication facility shall be removed within 90 days or be considered abandoned and subject to Section 17.32.090 (Removal of an abandoned, unused or inoperable facility), unless written authorization from the property owner is provided to the city, authorizing the continued use. (Ord. 1223, 6/5/2025)

• A. Within 30 days of terminating the operation of any wireless communication facility for any reason, including inoperable equipment, abandonment or technical obsolescence, the applicant or successor-in-interest shall notify development services of such termination. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable wireless communication facility permit number. The city may require, at the city's sole and absolute discretion, the applicant's, or successor-in-interest, sole expense and responsibility, all component elements of a terminated or abandoned wireless communication facility be removed in accordance with applicable health and safety requirements and the site restored to its condition prior to the installation of the facility within 90 days from the date the use of the facility is terminated.

• B. At any time after 90 days of discontinued use and/or operation of a wireless communication facility, the city may, but shall have no obligation to, remove the facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code. The city may, but shall not be required to, store the removed wireless communication facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the wireless communication facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the city promptly after demand therefor is made. The city may, in lieu of storing the removed facility, convert it to the city's use, sell it, or dispose of it in any manner deemed appropriate by the city, in accordance with applicable law.

• (Ord. 1223, 6/5/2025)

The findings below shall be required in addition to any conditional use or modification permit findings:

• A. The proposed facility is visually compatible with the surrounding neighborhood.

• B. The proposed facility complies with height, location and design standards, as provided for in this chapter.

• C. An alternative site(s) located further from a residential district or public park, or any site(s) as may be identified by the city as a preferred site, cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site; or applicant cannot acquire the necessary approvals to fulfill the requirements of this chapter, including, but not limited to, obtaining the requisite property rights to install and maintain the facilities.

• (Ord. 1223, 6/5/2025)