CC - Item 3B – Public Hearing for Municipal Code Amendment 25-01 – An Introduction and First Reading of Ordinance No. 1032 and Ordinance No. 1033, Amending Chapter 17.54 (Wireless Telecommunication Facilities) And Adding Chapter 12.54 (Wireless TelecommunROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: APRIL 21, 2026
SUBJECT: PUBLIC HEARING FOR MUNICIPAL CODE AMENDMENT 25-01 - AN
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 1032 AND
ORDINANCE NO. 1033, AMENDING CHAPTER 17.54 (WIRELESS
TELECOMMUNICATION FACILITIES) AND ADDING CHAPTER 12.54
(WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC
RIGHT-OF-WAY) AND TO CONSIDER AND APPROVE RESOLUTION
NO. 2026-17 TO AMEND AND AUGMENT THE CITY OF ROSEMEAD
FEE SCHEDULE
SUMMARY
MCA 25-01 (Ordinance No. 1032) and Ordinance No. 1033 are City initiated amendments to the
Rosemead Municipal Code (RMC) to update Chapter 17.54 (Wireless Telecommunication
Facilities) and append Chapter 12.54 (Wireless Telecommunication Facilities in the Public Right -
of -Way) to the RMC in order to bring the City's municipal code up to compliance with Federal
and State laws. The proposed amendments conjointly regulate wireless telecommunications
facilities on private property and within the public right-of-way and would allow greater flexibility
and responsiveness to Federal and State laws while still preserving the City's traditional land use
authority to the maximum extent practicable.
Additionally, the City will consider and approve a resolution to amend and augment the City of
Rosemead Fee Schedule to establish applicable fees associated with the review, processing,
permitting, inspection, and ongoing regulation of wireless telecommunication facilities, consistent
with applicable Federal and State laws and in alignment with the proposed amendments to the
RMC.
DISCUSSION
Ordinance No. 1032
On March 2, 2026, the Planning Commission conducted a duly noticed and advertised public
hearing to receive oral and written testimony relative to MCA 25-01 (Ordinance No. 1032). After
AGENDA ITEM 3.11
4930-1239-7983 v
City Council Meeting
April 21, 2026
Page 2 of 5
considering all public testimony, the Planning Commission adopted Planning Commission
Resolution 26-01 and recommended that the City Council adopt Ordinance No. 1032, included in
this staff report as Attachments "A" and `B", for the approval of MCA 25-01. Analysis of the
proposed ordinance is provided in the Planning Commission Staff Report. The Planning
Commission Staff Report, Planning Commission Meeting Minutes, and Planning Commission
Resolution No. 26-01 are included in this report as Attachments "F", "G", and "H", respectively.
As part of Planning Commission discussion, staff addressed questions and provided clarifications
on the application process for new Wireless Telecommunication Facilities applications, explained
that existing Wireless Telecommunication Facilities would have the right to remain as they were
approved through a Conditional Use Permit, and reiterated that the amendment is to bring the RMC
up to date with Federal and State laws. The Planning Commission's concerns were addressed once
these clarifications were provided. At the end of the public hearing, the Planning Commission
recommended the City Council approve MCA 25-01.
Ordinance No. 1033
A draft of Ordinance No. 1033 was presented to the Planning Commission in March 2026 with the
proposed updates to the RMC governing wireless facility permits within the public right-of-way.
The amendments are intended to ensure consistency with current Federal and State law including
updated regulations and orders issued by the Federal Communications Commission (FCC) and
applicable provisions of the California Public Utilities Code (CPUC), which establish and refine
local authority over the time, place, and manner of wireless facility installation in the public right-
of-way.
The proposed ordinance would also replace RMC Chapter 17.54.240, and establish comprehensive
standards and procedures for permitting, development, installation, operation and maintenance of
wireless telecommunications facilities in the City's public right-of-way. The proposed ordinance
ensures that wireless facilities are deployed in such a manner so as to not interfere with the public
use of the public right-of-way, to preserve public peace, health, and safety, and allows the City to
exercise its local regulatory authority to the fullest extent permitted by law, consistent with
applicable State and Federal requirements, and the rules of the FCC and CPUC.
Design and Processing Guidelines
Due to changing State and Federal laws, updates to FCC regulations, new technologies, and
potential new FCC rulemaking, Ordinance Nos. 1032 and 1033 propose incorporating additional
regulations and design guidelines for wireless telecommunications facilities on private property or
the public right-of-way that can be updated by the Directors of Community Development or Public
Works, respectively. This policy would be referred to as the Rosemead Wireless
Telecommunications Facilities Guidelines which would prevail in the event of any conflict with
the standards and regulations within the respective ordinances and allow the City to keep pace with
changing State or Federal laws. In the event that the guidelines are amended, a copy of the
guidelines would be provided to City Council.
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City Council Meeting
April 21, 2026
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Proposed Fee Structure
Planning Fees - Private Property Wireless Facilities
Changes within Ordinance No. 1032 establish two new permit types for projects on private
property, the Wireless Facility Permit — Administrative and Wireless Facility Permit -
Discretionary, with their respective fee types. Subsection 17.120.060 (Application Fees) of Title
17 (Zoning) authorizes the City Council to establish a schedule of fees for the processing of
applications. Staff has prepared a fee analysis, provided in this staff report as Attachment "D".
Resolution No. 2026-17, which amends and augments the Rosemead Comprehensive Fee
Schedule, is provided as Attachment "E".
Eneineering Fees - Public Right -of -Way Wireless Facilities
The proposed ordinance establishes an application process for two permit types for projects within
the public right-of-way: Wireless Telecommunication Permit — Administrative and Wireless
Telecommunication Permit — Discretionary. Pursuant to RMC Section 12.04.030, the City Council
is authorized to establish and amend a fee schedule to recoup the cost of providing services
associated with processing permits within the public right-of-way. Staff conducted an internal
assessment to estimate staff time and cost to process each permit type, this fee analysis is included
in Attachment "D".
Changes to Ordinances after Planning Commission Consideration
In order to allow the City to keep pace with changing Federal and State laws, new technologies,
or FCC rulemaking, Section 17.54.030 of Ordinance No. 1032 and Section 12.54.030 of Ordinance
No. 1033 was revised after Planning Commission consideration in the following manner:
• Wireless Telecommunications Facilities Guidelines may be established or amended by the
directors of Community Development and Public Works, as needed, to keep up with
changes in State or Federal law. Such guidelines supersede the requirements of Chapters
12.54 and 17.54 of the RMC.
• Proposed permit types were renamed to "Wireless Facility Permit - Administrative" and
"Wireless Facility Permit - Discretionary".
PUBLIC HEARING TESTIMONY
The Planning Commission received no oral or written testimony from the public during the public
hearing relative to MCA 25-01.
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City Council Meeting
April 21, 2026
Page 4 of 5
STAFF RECOMMENDATION
That the City Council:
1. Conduct a public hearing and receive public testimony; and
2. Introduce the fust reading, by title only, Ordinance No. 1032 (Attachment "A"), approving
Municipal Code Amendment 25-01
3. Introduce the first reading, by title only, Ordinance No. 1033 (Attachment "C")
4. Approve Resolution No. 2026-17 to amend and augment the City of Rosemead Fee
Schedule
FISCAL IMPACT
The fee schedule update is intended to create and align fees with the City's actual costs of
providing services related to wireless telecommunication facilities.
ENVIRONMENTAL ANALYSIS
The project, including MCA 25-01 (Ordinance No. 1032) and Ordinance No. 1033 is not subject
to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the ordinances
have no potential for resulting in physical change to the environment, directly or indirectly.
STRATEGIC PLAN IMPACT — None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a public
hearing notice published in the newspaper and postings of the notice at the six (6) public locations
on April 9, 2026.
Prepared by:
Annie ao
Senior Planner
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Da6ielle Garcia
Public Works Fiscal & Project Manager
City Council Meeting
April 21, 2026
Page 5 of 5
Reviewed by:
le�
Richard Marshalian Oromany Basilyous
Planning and Economic Development Manager City Engineer
Submitted by:
Aa�
Lily Valenzuela
Director of Community Development
Attachment A: Ordinance No. 1032
Attachment B: Ordinance No. 1032 (Redline)
Attachment C: Ordinance No. 1033
Attachment D: Fee Study
Attachment E: Resolution No. 2026-17
Attachment F: Planning Commission Staff Report
Attachment G: Planning Commission Meeting Minutes
Attachment H: Planning Commission Resolution No. 26-01
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Attachment A
Ordinance No. 1032
ORDINANCE NO. 1032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 25-01 AMENDING CHAPTER 17.54
"WIRELESS TELECOMMUNICATION FACILITIES" OF
ARTICLE 3 "REGULATIONS FOR SPECIAL USES AND
STRUCTURES" OF TITLE 17 "ZONING" OF THE CITY'S
MUNICIPAL CODE FOR THE PURPOSE OF COMPLYING
WITH FEDERALLY AND STATE LAWS GOVERNING
PROCEDURES AND STANDARDS RELATED TO
WIRELESS TELECOMMUNICATION FACILITIES ON
PRIVATE PROPERTY
WHEREAS, Chapter 17.152 of the Rosemead Municipal Code authorizes the Planning
Commission to consider and recommend proposed municipal code amendments to the City
Council: and
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and
map, including specific development standards, to control development; and
WHEREAS, given changes in Federal and State law, the City Council desires to amend
Chapter 17.54, Table 17.20.020.1, Table 17.21.020.1, Table 17.24.020.1, and Table 17.28.040.1 of
the Rosemead Municipal Code to allow greater flexibility and responsiveness to Federal and State
laws while still preserving the City's traditional land use authority to the maximum extent allowed for
under the law; and,
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following findings.
THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
SECTION 1: Findings. The City Council HEREBY FINDS AND DETERMINES the
above recitals are true and correct and incorporated herein by this reference, and that facts do exist to
justify approving the proposed Municipal Code Amendment 25-01 in accordance with Chapter
17.152, Section 17.152.040 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any applicable specific plan;
FINDING: The proposed Municipal Code Amendment 25-01 addresses established FCC
regulations for wireless telecommunication facilities in the City of Rosemead. The General Plan
does not include explicit policies or discussion of Wireless Telecommunication Facilities, which
are regulated by Federal and State law and the zoning code. The amendment updates to the code
sections align with Federal and State regulations which supersede existing restrictions in the
zoning code or any specific plan. The proposed amendment maintains the current consistency
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between the General Plan, Specific Plans, and Zoning Code
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: The proposed Municipal Code Amendment 25-01 will promote public health,
safety, and general welfare and serve the goals and purposes of Title 17 by clarifying and
complying with Federal and State law, which were established in the public interest. The proposed
amendment does not authorize any changes to the environment and will have no impacts to
properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable provisions of the Zoning
Code.
FINDING: The proposed Municipal Code Amendment 25-01 adopts amendments
complying with FCC regulations for wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General Plan and
Zoning Code. Adopting the proposed amendment maintains consistency with all other provisions
of the Zoning Code by updating multiple cross references and use tables to ensure there is no
conflict.
SECTION 2: Compliance with CEQA. The City Council HEREBY DETERMINES that
the proposed amendment does not authorize any changes to the environment and will have no impacts
to properties in the City or their surrounding environment. This Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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SECTION 3: Code Amendment. RMC Chapter § 17.54 is amended to read as follows:
Chapter 17.54 - WIRELESS TELECOMMUNICATION FACILITIES
Sections:
17.54.010
Purpose, intent and goals.
17.54.020
Definitions.
17.54.030
Applicability.
17.54.040
Exemptions.
17.54.050
Required approvals; expiration and renewal.
17.54.060
Application submission requirements.
17.54.070
Approval procedures — required findings.
17.54.080
Prohibited grounds for denial.
17.54.090
Requirements for administrative collocation.
17.54.100
Eligible Facilities Requests.
17.54.110
Appeal — Discretionary Wireless Facility Permits.
17.54.120
Appeal—Administrative Wireless Facility Permits.
17.54.130
General development standards.
17.54.140
Design standards.
17.54.150
Noise.
17.54.160
RF and other emissions requirements.
17.54.170
Performance bond.
17.54.180
FAA Compliance.
17.54.190
Maintenance and security.
17.54.200
Maintenance responsibility.
17.54.210
Abandonment or discontinuance of use — removal of facilities.
17.54.220
Transfer of operation.
17.54.230
Revocation.
17.54.240
Over -The -Air -Reception Devices.
17.54.250
Wireless facilities in the public right-of-way.
17.54.260
Nonconforming facilities.
17.54.270
Fees.
17.54.280
State or Federal law.
17.54.290
Violation.
17.54.010 - Purpose, intent and goals.
A. Purpose. The purpose of this section is to provide a uniform and comprehensive set of
standards for the permitting, design, placement, affixing, attachment, mounting, construction,
erection, installation, collocation, development, use, operation, maintenance and modification
of wireless facilities, wireless transmission devices and related support structures and
accessory equipment on private property within the City of Rosemead.
B. Intent. Balanced against the goals of Federal and State laws designed to promote more reliable
and cost competitive wireless service, the regulations set forth herein are intended to:
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1. Safeguard the public health, safety and community welfare;
2. Preserve the aesthetic appearance of the Rosemead Community;
3. Promote the identification, examination and implementation of aesthetically innovative
yet reasonably feasible techniques for the design and siting of wireless facilities and
wireless transmission devices;
4. Promote approaches to designing and siting of wireless facilities and wireless
transmission devices which are more compatible and harmonious with their surroundings;
and
5. Promote the goals and policies of this section and the Rosemead General Plan.
C. Goals. The goals of this section are to:
1. Protect the visual character of the City of Rosemead from the potential adverse effects of
wireless facilities, wireless transmission devices, support structures and accessory
equipment;
2. Prevent the emergence and proliferation of visual blight along visually significant or
visually sensitive corridors within the City of Rosemead, including significant showcase
corridors;
3. Recognize the rights of wireless facilities operators and wireless transmission devices
under Federal law and State law, and harmonize those with the City's interest;
4. Encourage owners and operators of wireless facilities and wireless transmission devices
to locate such equipment in areas where any adverse impacts on the community are
optimally mitigated and, where appropriate, encourage users of wireless facilities to
collocate those facilities with existing wireless facilities;
5. Encourage users of wireless facilities, which include accessory equipment, to configure
such equipment in a manner that minimizes their adverse visual impact;
6. Encourage the managed and aesthetically sensitive development of wireless facilities in
the City of Rosemead;
7. Ensure that approved wireless facilities, wireless transmission devices and related
accessory equipment and support structures are constructed and operated in a safe and
legally compliant manner; and
8. Establish uniform criteria and procedures for the construction, installation and operation
of wireless facilities, wireless transmission devices and related accessory equipment and
support structures.
17.54.020 - Definitions.
For purposes of this section, the following terms shall have the meaning set forth herein:
"Accessory Equipment" means any equipment or device necessary for the operation of a wireless
transmission device and used in conjunction with a wireless transmission device and any related
support structure. Such equipment or devices include, but are not limited to, utility or transmission
equipment, power supplies, generators (including back-up generators), batteries, cables,
equipment buildings, cabinets and storage shed shelters or other structures.
"Administrative Collocation" shall have the same meaning as the term "collocation facility" as
defined under Section 65850.6 of the California Government Code which generally refers to a type
of collocation (as defined herein). Under Section 65850.6 of the California Government Code,
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administrative collocation requires a nondiscretionary approval when all of necessary
circumstances and conditions set forth under Sections 65850.6 and 65964.1 of the California
Government Code are met. Further, a nondiscretionary approval shall be issued for a collocation
when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act of 2012 and any Federal Communications Commission regulations or orders issued
to implement that Act.
"Alternative Siting Structure" means a building, structure or improvement (usually preexisting)
that is structurally and legally capable of serving as a siting platform for certain wireless
transmission devices and certain accessory equipment notwithstanding the fact that the support of
such systems is secondary and subordinate to the primary purpose, design and legal use of the
building, structure or improvement. "Alternative siting structures" include, but are not necessarily
limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features
incorporated into buildings which are capable of concealing and/or camouflaging a wireless
transmission device and related accessory equipment from public view. "Alternative Siting
Structures" do not include "support structures" as defined herein.
"Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real
property parcel.
"Antenna" means and refers to a type of wireless transmission device composed of any system
of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used
to transmit and/or receive electromagnetic waves, including, but not limited to, radio frequency
signals, for the purpose of conveying telephonic communications, video transmissions or
communications, written communications, radio communications, signs, signals, pictures and the
like. "Antenna' includes devices having active elements extending in any direction, and directional
beam -type arrays having elements carried by and disposed from a generally horizontal boom that
may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and
antenna support all of which elements are deemed to be part of the "antenna" and shall include,
but not be limited to:
1. "Antenna - Directional:" (also known as "panel" antenna) which transmits and/or receives
radio frequency signals in a directional pattern of less than three hundred sixty (360)
degrees;
2. "Antenna - Facade -mounted" which is any antenna directly attached or affixed to the
elevation of a building, tank, tower or other structure;
3. "Antenna - Flush -mounted" which is mounted to a structure which does not project above
the facade to which it is mounted;
4. "Antenna - Roof -mounted" which is mounted to the roof of a building or similar structure;
5. "Antenna - Ground -mounted" which is any antenna with its base placed directly on the
ground or mounted to a pole, lattice tower or other freestanding support structure
specifically constructed for the purpose of supporting the antenna;
6. "Antenna - Omni Directional" which transmits and/or receives radio frequency signals in
a 360 -degree radial pattern, including, but not limited to, any antenna designed to receive
video programming services via multipoint distribution services;
7. "Antenna - Parabolic" (also known as a "satellite dish antenna') which is any device
incorporating a reflective surface that is solid, open mesh, or a bar configuration that is
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shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive
electromagnetic or radio frequency communication signs [signals] in a specific
directional pattern;
"Antenna - Portable" which is any device used to transmit and/or receive electromagnetic
or radio frequency communications signals in a specific directional pattern, located on a
portable or movable base designed to be placed either for temporary or long-term use at
a given site.
"Applicant(s)" means and refers to any person(s) who, in accordance with the approval
procedures set forth under this section, applies for authorization:
1. To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain,
or modify a wireless facility, wireless transmission device, support structure and/or
accessory equipment within the City of Rosemead; or
2. Collocate an additional antenna or other additional wireless transmission device upon a
preexisting support structure or alternative siting structure already containing one or more
antenna or other wireless transmission devices.
"City Council" means the governing body of the City of Rosemead organized pursuant to Title
2, Chapter 2.04 (City Council) of the Rosemead Municipal Code.
"Collocate", "Collocation" or "Collocating" means and refers to the act of placing, affixing,
attaching, mounting, constructing, erecting, and/or installing:
I. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon a preexisting support structure already containing one or more
antennas, wireless transmission devices and/or accessory equipment;
2. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon an alternative siting structure already containing one or more
antennas, wireless transmission devices and/or related accessory equipment; or
3. An additional wireless facility upon a single real property parcel already containing a
wireless facility or wireless transmission device, and related support structures, and/or
accessory equipment.
"Community Development Director", or "Director of Community Development" means the
Director of the Community Development Department, or designee.
"COW" means a "cell on wheels," which is a portable, self-contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a
location. A COW is normally vehicle -mounted and contains a telescoping boom as the antenna
support structure.
"De Minimis Level," when used in reference to the geographic scope of an existing or remaining
gap in personal wireless service network coverage for a personal wireless service provider,
necessarily refers to a level of coverage that is less than one hundred (100) percent seamless
coverage, but generally no greater than a small number of isolated dead spots or other small holes
in coverage within a greater service area. Where coverage holes are large or frequent in number
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and size, and also extend to the interior of buildings in urban areas or to a significant number of
residences in well -populated areas, such gaps in coverage shall not be considered to be of a de
minimis level.
"Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the
Code of Federal Regulations which defines "dead spots" as small areas within a service area where
service is presumed notwithstanding the fact that field strength is lower than the minimum level
for reliable service.
"Eligible Facilities Request" shall have the same meaning as that definition provided for in
Chapter 12.54 of the Rosemead Municipal Code.
"Fixed Wireless Service" means any service providing radio communication to or from antenna
structures at fixed and specified locations which are not designed to be moved during operation
and which offers the ability to access or receive communication from the public switched telephone
network.
"Federal Communications Commission" or "FCC" means that certain administrative
subdivision of the federal government of the United States of America which is generally
responsible for the regulation of telecommunications in the United States of America.
"Graffiti" shall have the same meaning as set forth at section 9.12. 100 of the Rosemead Municipal
Code.
"Guyed Structure" means and refers to a variety of support structure consisting of a single truss
assembly composed of sections with bracing incorporated. The sections of the "guyed structure"
are attached to each other, and the assembly is attached to a foundation and supported by a series
of wires that are connected to anchors placed in the ground or on a building.
"Lattice Tower" means and refers to a variety of support structure consisting of vertical and
horizontal supports with multiple legs and cross -bracing and metal crossed strips or bars.
"Monopole" means and refers to a variety of support structure generally consisting of a single
pole or shaft designed to support one or more antennas or other wireless transmission devices.
"Monopoles" are usually composed of two or more hollow sections that are in turn attached to a
foundation and such structures must be designed to support themselves without the use of guy
wires or other stabilization devices. The term "monopole" as defined herein does not include lattice
towers.
"Over -The -Air -Reception Devices" or "OTARD" means antennas covered by the 'over -the -air
reception devices" rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.
"Person" means a natural person or a business entity or organization, other than a public agency,
including a corporation, partnership, limited liability company, proprietorship, joint venture,
association, cooperative, estate, or trust.
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"Personal Wireless Services" as used in this section shall have the same meaning as applied to
the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section
332(c)(7)(C)(i)) which includes 'commercial mobile services", "unlicensed wireless services", and
"common carrier wireless exchange access services". By way of example and not limitation,
"commercial mobile services" include federally licensed wireless telecommunications service such
as cellular services, personal communications services ("PCS"), specialized mobile radio services
("SMR"), enhanced specialized mobile radio services ("ESMR"), and like services that may be
developed in the future.
"Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the
same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C.
Section 332(c)(7)(C)(ii)).
"Planning Commission" means the City Planning Commission for the City of Rosemead
organized pursuant to Chapter 2.28 of the Rosemead Municipal Code.
"Property Owner" means and refers to the person(s) who own(s) the real property parcel upon
which a wireless facility, wireless transmission device, support structure or accessory equipment
is or is proposed to be sited.
"School District" means the Rosemead School District, the El Monte Union High School District,
the Garvey School District and the Montebello Unified School District. The term "school district"
does not include any other variety of school district or like entity established or organized under
the laws of the State of California, including, but not limited to, any community college district.
"Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or
wireless transmission device which is disguised to appear as another natural or artificial object that
is prevalent in the surrounding environment or which is architecturally integrated into a building
or other concealing structure or improvement. "Stealth facilities" generally include camouflaged
structures such as monopalms, monopines, or any other variety of monopole -supported wireless
facilities designed to look like a tree or other camouflaged structures such as clock towers. "Stealth
facilities" may also include wireless facilities or wireless transmission devices, inclusive of
accessory equipment that are integrated into existing alternative siting structures such as flag poles
or light standards or which are integrated within design features of buildings such as church
steeples, parapets, faux chimneys, or other similar concealing design features.
"Support Structure" or "Support Structures" means a structure designed to support antenna(s)
or other wireless transmission devices to facilitate the transmitting and/or receiving of radio
frequency signals. Support structures include, but are not limited to, masts, monopoles, guyed
structures, lattice towers, and other like structures used to support wireless transmission devices.
The term "support structure" does not include alternative siting structures as defined herein.
"Wireless Facility" or "Wireless Facilities" means and includes:
1. All "personal wireless service facilities," all "wireless telecommunications facilities" and
all "wireless telecommunications collocation facilities" as defined herein; and
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2. Any single combination of wireless transmission devices, related accessory equipment
and/or related support structures used in conjunction with one another at a specific
location within a single real property parcel for the purpose of providing wireless services
as defined herein.
"Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who
owns a wireless facility, wireless transmission device, support structure and/or accessory
equipment sited within the City of Rosemead.
"Wireless Facility Permit" means any permit governing and approving Wireless Facilities
including those facilities that are subject to an Administrative Wireless Facility Permit or
Discretionary Wireless Permit.
"Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service,"
"wireless video service" as the same are defined herein or any other variety of wireless service
involving the conveyance of telephonic communications, video transmissions or communications,
written communications, radio communications, signs, signals, pictures and the like by means of
wireless transmission devices.
"Wireless Service Provider" means any person who provides wireless services as defined herein
or who otherwise utilizes, owns, leases, and/or operates a wireless facility or a wireless
transmission device within the City of Rosemead.
"Wireless Transmission Device" or "Wireless Transmission Devices" means any apparatus or
device (excluding support structures or accessory equipment) designed for the transmitting and/or
receiving of radio frequency signals or other electromagnetic wave signals which convey
telephonic communications, video transmissions or communications, written communications,
radio communications, signs, signals, pictures and the like. Wireless transmission devices include
antennas as defined herein.
17.54.030 - Applicability.
A. This section applies to the placement, affixing, attachment, mounting, construction, erection,
installation, collocation, development, use, operation and maintenance and modification of
wireless facilities, wireless transmission devices, support structures and related accessory
equipment as the same are defined herein.
B. The processing or design requirements of this chapter are further detailed in the Rosemead
Wireless Telecommunications Facilities Guidelines. The guidelines may be prepared and
amended as needed by the Director of Community Development or Director of Public Works
in order to keep pace with changing Federal or State law and technology. All wireless facilities
shall comply with the regulations and design guidelines contained within the Rosemead
Wireless Telecommunications Facilities Guidelines. In the event of a conflict between the
Rosemead Municipal Code and the Rosemead Telecommunications Facilities Guidelines, the
Guidelines shall prevail. In the event that the Guidelines are amended, a copy of any changes
made to the guidelines shall be provided in a report to City Council.
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17.54.040 - Exemptions.
The following uses shall be exempt from the provisions of this section:
A. Over -The -Air -Reception Devices
B. Public safety communications facilities owned and operated by the City of Rosemead or
the county of Los Angeles.
C. Installation of a COW or a similar structure for a temporary period in connection with an
emergency or event at the discretion of the Director of Community Development, but no
longer than required for the emergency or event. This exemption only applies if the
proposed COW does not involve excavation, movement, or removal of existing facilities.
17.54.050 - Required approvals; expiration and renewal.
A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach,
mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless
facility, wireless transmission device, support structure and/or accessory equipment within the
City of Rosemead without a Wireless Facility Permit approved by the Director of Community
Development, Planning Commission, or the City Council in the course of an appeal, following
a hearing on the matter.
B. Administrative Collocation and Eligible Facilities Request. If, following the submission of a
completed application form and all required materials set forth in the application, the Director
of Community Development determines that a proposed collocation qualifies as an
"administrative collocation" or "eligible facilities request' the proposed installation shall be
approved by the Director of Community Development through the issuance of an
Administrative Wireless Facility Permit. The foregoing notwithstanding, an Administrative
Wireless Facility Permit approval shall be subordinate and subject to the conditions of
approval associated with the existing wireless facility to which it relates. Also, the life of an
Administrative Wireless Facility Permit approval may not exceed the life of the underlying
Wireless Facility Permit or other underlying discretionary authorization corresponding to the
administrative collocation or Eligible Facilities Request upon which the proposed wireless
transmission device and corresponding accessory equipment will be placed or installed.
17.54.060 - Application submission requirements.
A. Applications for a Wireless Facility Permit under this section shall be submitted to the
Rosemead Planning Division on a form approved by the Director of Community
Development.
B. The following information and documentation shall be required for all submittals:
1. Application Form. Each applicant shall submit a completed application form which must
include the following information:
a. Applicant Information. The name, business address, telephone number, fax number
and, if available, e-mail address of the applicant or co -applicants. The following
persons must be identified as applicants/co-applicants on any application form:
1) The property owner;
2) The wireless service provider who will use the proposed wireless facility,
wireless transmission device and any related support structures and accessory
equipment; and
3) The wireless facility owner, if different from either the property owner or the
wireless service provider.
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b. Project Location. The street address and assessor's parcel number of the real property
where the wireless facility, wireless transmission device, support structures and/or
accessory equipment will be located.
c. Property Easements. The location and description of all easements, including public
utility easements, encumbering the real property parcel where the wireless facility,
wireless transmission device, support structures and/or accessory equipment will be
located.
d. Coverage and Other Service Objectives. The applicant shall include a general
summary of those specific service objectives which the applicant seeks to attain or
address through its proposal, (e.g., whether it is to add additional network capacity;
increase existing signal strength; or provide new radio frequency coverage).
e. Project Description. The applicant shall include the following information in the
application form:
1) A written description of the real property parcel where the proposed wireless
facility, wireless transmission device, support structure, and/or accessory
equipment, including parcel size, width, depth, the location of mature trees,
zoning designation and current use;
2) The type of wireless facility and/or the type, number and dimensions of wireless
transmission devices, support structures, and/or accessory equipment proposed;
3) The proposed height of the wireless facility including total height of the facility
which shall include camouflage or stealth design features (i.e. faux branches
above the antennas), the height of the antennas, and the height of and any
proposed or existing support structure upon which any wireless transmission
device and/or accessory equipment may be placed;
4) The specific location within the real property parcel of any proposed wireless
facility and any proposed wireless transmission devices, support structures or
accessory equipment;
5) The proposed location of all above -ground and below -ground wiring and
connection cables;
6) A detailed description of the design, shape, color(s), and material composition
of any support structures, accessory equipment and antennas or other wireless
transmission devices included as part of the proposal;
7) The design and screening treatment selected for the proposal;
8) Whether any proposed support structures or any existing support structure is
structurally suitable and capable of accommodating (i.e., collocating) additional
antennas or other wireless transmission devices as well as accessory equipment;
9) Whether the proposed wireless facility qualifies as an administrative collocation
or eligible facilities request.
f Maintenance and Monitoring Plan. The applicant shall include within any completed
application form a description of the anticipated maintenance and monitoring
program for the wireless facility, wireless transmission devices, accessory
equipment, support structures proposed or any landscaping that may be required to
camouflage the wireless facility.
g. Noise and Acoustical Information. An inventory and description of any proposed
noise -generating wireless transmission devices and accessory equipment, including,
but not limited, to air conditioning units and back-up generators. The description
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shall set forth noise and acoustical information including anticipated decibel levels
of noise which would be produced.
h. Disclosure of Removal Costs. For the purpose of establishing the appropriate amount
of any performance bond or other security required under this chapter for the removal
of any approved wireless facility, wireless transmission device and related support
structures and/or accessory equipment, the applicant shall state the reasonable
estimated cost of removing any approved wireless facility, wireless transmission
device and related support structures and/or accessory equipment. The applicant shall
supplement the application with substantial evidence that corroborates its removal
cost estimate.
i. Administrative Collocation: If the applicant contends a proposed collocation
qualifies as an administrative collocation as defined herein, the applicant shall also
include a detailed explanation supported by substantial evidence which demonstrates
compliance with all requirements set forth under Section 65850.6 of the California
Government Code, the existence of all necessary circumstances and conditions set
forth under the same, and substantial evidence showing that the proposed facility will
not "substantially change the physical dimensions" of the existing facility as that
tern has been defined and explained by Federal Communications Commission
regulations and orders. To qualify as an administrative collocation, this additional
information must be included at the time an application is submitted and approved.
2. Site Plan. Each applicant shall submit a site plan drawn to scale which depicts and
identifies:
a. The precise location within a real property parcel of all proposed wireless facilities,
wireless transmission devices, support structures and/or accessory equipment;
b. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped
areas, and other significant natural features, walkways, driveways, parking areas,
streets, alleys, easements, and setbacks situated upon the real property parcel where
the wireless facility, wireless transmission device, support structures and/or
accessory equipment will be located; and
c. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped
areas, and other significant natural features, walkways, driveways, parking areas,
streets, alleys, easements, and setbacks situated upon real property parcels
immediately adjacent to the subject real property parcel.
3. Elevations and Section Drawings. Each applicant shall submit elevations and section
drawings of the proposed wireless facility and/or all proposed wireless transmission
devices, support structures, and accessory equipment. The applicant shall also submit
composite elevations from the street of all buildings, structures and other improvements
on-site.
4. Landscape Plan. If applicable or required by the City, the applicant shall submit a
landscape, screening and landscape irrigation plan. Such plan shall identify and describe
existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants);
identify and describe vegetation to be removed; and depict and describe in terms of type,
size and location proposed plantings of new landscape vegetation. Such plan shall
demonstrate how the landscaping and landscape vegetation shall be designed and
configured to screen wireless facilities, wireless transmission devices, support structures,
and accessory equipment from public view or better camouflage stealth -designed
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facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan
for any existing and proposed landscaping surrounding the proposed facilities, devices
and equipment and shall demonstrate efforts to incorporate aesthetically compatible
drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the
preservation of existing, un -removed vegetation during construction and installation
phases. The landscape plan shall also demonstrate the availability of any required
irrigation facilities on-site. The requirement for a landscape, screening and landscape
irrigation plan shall not be required for roof -mounted wireless transmission devices and
accessory equipment, except that the applicant shall still be required to submit a plan
demonstrating and depicting any screening of such equipment pursuant to this chapter.
5. Visual Analysis. Each applicant shall submit a visual impact analysis including scaled
elevation diagrams which:
a. Demonstrates the potential visual impacts of any proposed wireless facility, wireless
transmission device, support structure, or accessory equipment;
b. Includes before and after photo simulations from various locations and/or angles
from which the public would typically view the site and includes a map depicting
where the photos were taken; and
c. Where the installation would be readily visible from the public right-of-way or from
surrounding properties, the application shall include an explanation as to why, if
screening or other techniques to minimize the visibility are not proposed, such
approaches to reduce the visibility of the installation would not be feasible or
effective.
6. Justification Report. Along with a completed application form, the applicant shall also
submit a justification report which:
a. Includes justification maps which identify the applicant's search ring, the location of
alternative sites considered, the location of the proposed site, all existing and
approved wireless facilities and/or wireless transmission devices within a one -mile
radius of the proposed site and collocation opportunities or alternative site structure
opportunities within the search ring;
b. Demonstrates, describes and explains in detail the applicant's good faith efforts to
identify, study, evaluate and consider other less intrusive alternatives, including the
use of less intrusive technologies and equipment; alternative system designs;
alternative siting structure types; alternative siting structure designs, including stealth
designs; alternative scale or size; and alternative siting options (e.g., alternative
locations within the search ring, collocation opportunities or placement upon
alternative siting structures);
c. Explains how specifically identified circumstances, physical conditions or other
factors render each of the other alternatives identified, studied, evaluated and
considered are not viable alternatives;
d. Explains why and how the proposal for which the applicant seeks approval is the
least intrusive means in terms of feasible technology, system design, aesthetic design,
size, scale and location.
7. Propagation and Coverage Reports. If applicable, the justification report shall be
accompanied by a radio frequency engineer's propagation and coverage report. This
report may be required in the event the applicant is seeking to install a wireless facility
that is higher than the maximum height allowed in the zoning district. Signal level
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indicators on maps must show specific power levels on the map in colors easily
distinguishable from the base paper or transparency layer and must be adequately
identifiable by radio frequency (RF) level in dBm and map color or gradient in the map
legend. The applicant shall submit maps depicting existing coverage; the coverage
provided by the proposed installation. The propagation and coverage report and
corresponding maps shall be prepared by a qualified and duly licensed radio frequency
engineer.
8. Narrative Description and Map of Other Facilities. Each applicant shall submit a narrative
description and map disclosing and depicting the exact location and type of all existing
wireless facilities and wireless transmission devices, including support structures, and
accessory equipment owned and/or used by the applicant to provide coverage within any
portion of the City of Rosemead whether or not such facilities, devices, structures or
equipment are located within the City of Rosemead or outside of the City of Rosemead.
9. FCC and CPUC Approvals. Each applicant shall submit true and correct copies of all
valid and applicable licenses, permits or other approvals required by the FCC or the
California Public Utilities Commission ("CPUC") for the use, operation and maintenance,
construction and placement of the wireless facility, wireless transmission device(s),
support structure(s), and accessory equipment for which approval is sought. If no such
licenses, permits or other approvals are required of the applicant by the FCC or the CPUC,
the applicant shall explain and declare under penalty of perjury the reason why such
licenses, permits or other approvals are not required.
10. Radio Frequency Emissions and Signal Interference Analysis. Each applicant shall
submit a written analysis prepared by a qualified and duly licensed radio frequency
engineer which:
a. Determines and states the power rating for all wireless transmission devices and
accessory equipment included in the applicant's proposal;
b. Provides a description of the specific services that the applicant proposes to offer or
provide in conjunction with the proposed wireless facility or wireless transmission
device;
c. Verifies that the proposal, including all wireless transmission devices and accessory
equipment conform to the non -ionizing electromagnetic radiation ("NIER")
standards adopted by the FCC;
d. Confirms that the use and operation of all proposed wireless transmission devices
and accessory equipment will not exceed adopted FCC standards, including, but not
limited to, FCC requirements that power densities in inhabited areas not exceed the
FCC's Maximum Permissible Exposure ("MPE") limits for electric and magnetic
field strength and power density for transmitters. Such analysis shall address both
the individual impact of any proposed wireless transmission device and accessory
equipment, as well as their cumulative impact, if collocated upon a single support
structure or alternative siting structure; or if placed upon a real property parcel
already containing a wireless facility, wireless transmission devices, and/or
accessory equipment; or if placed upon a real property parcel immediately adjacent
to another real property parcel containing a wireless facility, wireless transmission
device, and/or accessory equipment;
e. Describes all appropriate operating parameters and maintenance requirements
necessary to comply with all applicable FCC standards, including radio frequency
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emissions standards and standards relating to signal interference with consumer
electronic products and/or public safety communications;
f. Confirms that all proposed wireless transmission devices and accessory equipment
shall be operated in a manner that complies with FCC regulations regarding radio
frequency emissions and standards relating to signal interference with consumer
electronic products and/or public safety communications;
g. In addition its technical narrative and discussion of the issues to be addressed, the
analysis shall also include a nontechnical executive summary presented in a concise
and easy -to -read format that clearly explains in a nontechnical manner the current
site conditions, conditions with the proposed wireless facility, wireless transmission
devices and/or accessory equipment included and FCC thresholds as they relate to
all applicable emissions standards.
11. Collocation Agreement. Each application proposing the construction of a new monopole,
lattice tower, or guyed structure shall include a signed statement whereby the applicant
agrees, as a condition to any approval, to permit the collocation upon the support structure
to accommodate additional wireless transmission devices and accessory equipment. The
application shall also include a signed statement whereby the applicant agrees, as a
condition of any approval, to refrain from entering into any exclusive agreement(s) or
arrangement(s) that would prevent the type of collocation contemplated under this
subsection.
17.54.070 - Approval procedures — Required findings.
A. Investigation. Following the submission of a completed application form, as well as the
submission of all documents and materials required under Section 17.54.060, the Director of
Community Development shall undertake a review and evaluation of the applicant's proposal
for the purpose of preparing a written report which evaluates the proposal's compliance with
the procedural requirements and standard conditions of this chapter, as well as its consistency
with the goals, standards, and objectives of this chapter and the Rosemead General Plan. The
report will evaluate the applicant's efforts to identify, study, and consider alternatives and may
recommend modifications and/or the addition of conditions to be attached to the applicant's
proposal as a condition of approval. The report shall also contain a recommendation as to the
disposition of the proposal for which Wireless Facility Permit approval is sought. If the
applicant proposes and the Director of Community Development determines that an
Administrative Wireless Facility Permit under this chapter is proper for the proposal, the
application shall be considered under Section 17.54.090 and not this section. All other wireless
facilities shall require the approval of a Discretionary Wireless Permit consistent with this
section, including review and consideration by the Planning Commission.
B. Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute
the procedure for conducting public hearings with the Planning Commission on a
Discretionary Wireless Facility Permit for a wireless facility or wireless transmission devices,
and any accessory equipment except as otherwise specifically provided in this chapter.
C. Findings Necessary for Approval. No Wireless Facility Permit shall be approved unless the
Director of Community Development, the Planning Commission, or the City Manager or City
Council in the course of an appeal, makes all of the following findings supported by
substantial evidence presented by the applicant:
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I . The applicant has submitted all applicable information, documentation and materials
required under Section 17.54.060 or any other information necessary to support the
applicant's proposal;
2. The wireless facility, wireless transmission devices, and any accessory equipment to be
approved satisfies all applicable Federal and State requirements and standards as to the
placement, construction, and design, as well as all Federal and State limits and standards
concerning radio frequency emissions, signal interference with consumer electronic
products and/or public safety communications, and other applicable operating and design
standards;
3. The proposal to be approved complies with all requirements and restrictions of this
chapter; all applicable building and construction requirements of Title 15 (Buildings and
Construction) of the Rosemead Municipal Code and applicable fire safety and fire
prevention requirements set forth under the Rosemead Municipal Code, County of Los
Angeles Fire Code, and all applicable State fire safety and prevention laws;
4. The applicant has made a good faith effort to identify, study and evaluate less intrusive
alternatives, including the use of less intrusive technologies and equipment; alternative
system designs; alternative siting structure types; alternative siting structure design,
including stealth designs; alternative scale or size of proposal; and alternative siting
options (e.g., alternative locations within the search ring, collocation opportunities or
placement upon alternative siting structures);
5. In comparison to other identified, studied, and evaluated alternatives that are equally if
not more capable of addressing the applicant's service objectives, the proposal to be
approved is the most consistent with the standards, goals, and objectives of this chapter
and the Rosemead General Plan;
D. Findings Necessary for Denial of Wireless Facilities. Notwithstanding any other findings
made in support of the denial of a Wireless Facility Permit under this chapter, neither the
Director, Planning Commission nor the City Manager or City Council in the course of an
appeal, may deny a Wireless Facility Permit unless one or more of the following additional
findings is made in writing:
1. The applicant has failed to present all of the information, documentation or material
required under Section 17.54.060, above; or
2. Substantial evidence presented upon the record fails to establish that the proposed
installation Wireless Facility Permit is the least intrusive means to provide service and is
consistent with the goals and standards of this chapter and the Rosemead General Plan;
or
3. Substantial evidence presented as part of the record fails to establish that any proposed
wireless facility, wireless transmission device or accessory equipment is capable of
satisfying basic FCC requirements, limits or restrictions concerning radio frequency
emissions or signal interference with consumer electronic products and/or public safety
communications even with modifications and/or added conditions acceptable to the
applicant; or
4. Substantial evidence presented as part of the record fails to establish that any proposed
wireless facility, wireless transmission device, support structure or accessory equipment
is capable of satisfying applicable building, construction, fire safety or fire prevention
standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal
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Code, the county of Los Angeles or the State of California even with modifications and/or
added conditions acceptable to the applicant.
5. Substantial evidence demonstrates that the proposed installation is not compatible or
consistent with surrounding infrastructure or vegetation or is otherwise detrimental to the
community or aesthetic quality of the City.
17.54.080 - Prohibited grounds for denial.
Notwithstanding any other provisions of this section, the denial of a Wireless Facility Permit may
not be based on the environmental effects of radio frequency emissions for wireless facilities that
comply with FCC radio frequency emissions standards�or other effects arising in whole or in part
from those environmental effects.
17.54.090 - Requirements for administrative collocation.
Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Director
of Community Development, or the City Manager in the course of an appeal, shall administratively
approve as a permitted use any proposed collocation which qualifies as an administrative
collocation in the reasonable judgment of the Director of Community Development based on the
information submitted pursuant to Section 17.54.060 of this chapter. Included as part of the
necessary requirements for an administrative collocation, is the requirement that the proposed
collocation satisfies all modifications or conditions required for collocation with the corresponding
administrative collocation as defined herein.
17.54.100 – Eligible Facilities Requests.
For installations on private property that relate to collocations, removal or replacement of
transition equipment or hardening through structural enhancements that do not result in a
substantial change and that qualify as an eligible facilities requests, shall be governed by
definitions and provisions of Chapter 12.54 "Wireless Telecommunications Facilities in the Public
Right -of -Way". However, an Eligible Facilities Requests on private property shall be subject to an
Administrative Wireless Facility Permit and related review and approval process contained in this
chapter.
17.54.110 - Appeal—Discretionary Wireless Facility Permits.
Unless otherwise stated this chapter, if an applicant, or any interested party, is dissatisfied with
any denial, approval or conditioned approval of a Discretionary Wireless Facility Permit under
this chapter, the applicant or interested party may appeal the matter to the City Council by filing
an appeal in accordance with the procedures established in Section 17.160.050 of this title. In
reviewing the matter on appeal, the City Council shall be required to make the same findings for
any denial or approval as would otherwise be required of the Planning Commission.
17.54.120 - Appeal—Administrative Wireless Permits.
If an applicant contends that a request for an Administrative Wireless Permit was denied or referred
to the Planning Commission by the Director of Community Development in error, the applicant
may appeal the matter to the City Manager by filing an appeal with the City Clerk. Such appeal
must be filed within ten (10) calendar days following the Director of Community Development
issuance of notice that a requested collocation fails to qualify as an Administrative Wireless Permit
or fails to satisfy any other applicable requirements for approval under this chapter. In reviewing
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the matter on appeal, the City Manager shall be required to make the same determinations as would
otherwise be required of the Director of Community Development. The decision of the City
Manager shall be final.
17.54.130 - General development standards.
A. Location. The placement or siting of wireless facilities, wireless transmission devices, support
structures and accessory equipment shall be subject to the following approval requirements,
parameters and preferences:
I. In order to minimize the unnecessary proliferation of wireless facilities, wireless
transmission devices, and related support structures and accessory equipment and in order
to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight,
each applicant in identifying, studying and evaluating alternative placement and siting
options and the approving body in evaluating an applicant's proposal against other
identified alternatives capable of addressing applicant's service objectives shall undertake
such evaluations subject to the following order of preference starting with the most
preferred:
a. Proposals in which a wireless facility is collocated upon an already existing
monopole -supported wireless facility which qualifies as a stealth facility as defined
herein and which is capable of accommodating added devices and equipment.
b. Proposals in which a wireless facility and support structures are integrated,
camouflaged and concealed within the decorative design features of a building such
as the steeple of a church building, parapets, faux chimneys or other similar design
features.
c. Proposals in which a wireless facility and support structures are mounted and
screened upon the roof of a multi -story industrial or commercial building capable of
safely accommodating such facilities, devices, equipment and structures.
d. Proposals in which an individual wireless facility is affixed or mounted upon an
existing utility pole, lighting pole, light standard or other similar alternative siting
structure.
e. Proposals contemplating the construction of a new monopole structure, with
preference given to proposals which qualify as stealth facilities.
f. Proposals involving the construction of new lattice towers or guyed structures.
Where this option is proposed, the applicant shall identify, study, evaluate and pursue
designs which camouflage such structures in a manner that promotes aesthetic
consistency and harmony with surrounding structures.
g. Proposal in which a wireless facility is mounted on the facade of a building, water
tower, or other like structure in a manner that does not camouflage, integrate and
conceal such devices and equipment within the decorative design features of the
building or structure.
2. Wireless facilities, wireless transmission devices, support structures and accessory
equipment are permitted, subject to the requirements of this chapter in the following
locations:
a. Real property exclusively owned by the City of Rosemead, a School District as
defined herein in fee simple, or by a public utility; or
b. Property in any zone in Title 17 which includes Telecommunication
Facilities/Wireless Telecommunication Facilities as a permitted use.
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c. Notwithstanding the foregoing or Section 17.54.260, any wireless facilities, wireless
transmission devices, support structures or accessory equipment existing as of the
effective date of this chapter, as may be amended from time to time, shall not be
deemed to be nonconforming for purposes of collocation.
3. Except as otherwise authorized under Section 17.54.130A.2.a., any proposal for the
construction of a new wireless facility which includes the construction of a support
structure shall provide that the new wireless facility be spaced a minimum of one
thousand (1,000) feet from any existing wireless facility support structure.
Notwithstanding the foregoing, a wireless facility shall be permitted if required by
Federal or State law.
4. The location of wireless facilities, wireless transmission devices, support structures
and/or accessory equipment shall be restricted to developed real property parcels or
proposed as part of a larger development project.
5. The Director of Community Development, Planning Commission, or the City Manager
or City Council in the course of an appeal, may authorize the location of personal wireless
facilities as defined herein at locations otherwise prohibited under Subsections A.I.
through A.4. of this section, above, but only upon findings supported by substantial
evidence presented as part of the record which establishes that:
a. The applicant has a significant gap in its network coverage; and
b. The placement of wireless facilities, wireless transmission devices, and related
support structures and accessory equipment at a location otherwise prohibited under
subsections A.1. through A.4. of this section, above, is the only means by which the
significant gap in network coverage can be reduced to a de minimis level.
Wireless facilities, wireless transmission devices, and related support structures and
accessory equipment which satisfy the exception to the general siting prohibitions
set forth under subsections A.1. through A.4. of this section, above, must still satisfy
all other applicable conditions and findings necessary for Wireless Facility Permit
approval.
6. Between possible or competing location proposals, the Director of Community
Development and the Planning Commission shall encourage proposals that contemplate
collocation subject to requirements of this chapter.
B. Height. The height of any freestanding wireless facility shall not exceed the height limits of
the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum
functional height technologically required to address the wireless service providers' service
objectives. All wireless facilities, wireless transmission devices, support structures and
accessory equipment shall also be subject to the following restrictions as applicable:
1. Ground -Mounted Facilities. Notwithstanding any other provision of this subsection B. to
the contrary, the maximum height of monopoles may not exceed the lesser of the
following: sixty (60) feet or the height limit of the applicable underlying or overlay zone;
2. Roof -Mounted Facilities. Roof -mounted wireless facilities or wireless transmission
devices, including support structures and accessory equipment shall not project out more
than ten (10) feet above the roofline and shall be set back from the roof edge by a ratio of
one foot for each foot of projection above the roofline. A facility shall be exempt from
the foregoing requirement if it is mounted within an existing enclosed roof structure or
an architectural feature, such as a parapet wall or similarly designed features so as to
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integrate and camouflage the wireless facility, wireless transmission device and related
support structures and accessory equipment within the structure or building.
3. Accessory and Support Structures. All wireless facilities, wireless transmission devices,
support structures, and accessory equipment shall comply with accessory height
requirements for the particular zoning district in which they are located.
C. Ground -Mounted Facilities - Setback Requirements and Guidelines. Ground -mounted
wireless facilities or wireless transmission devices shall comply with the following
requirements and guidelines:
1. Front: Such facilities shall not be permitted in a required front yard setback of any
property located in any type of zone within the City of Rosemead, unless otherwise
authorized under the terms of a Wireless Facility Permit;
2. Side: Such facilities shall not be permitted within a required side yard setback;
3. Rear: Such facilities may be located in the rear yard setback of a property at a location
that is out of view from the public right-of-way;
4. Accessory/Support Structures: All such facilities and related support structures shall
comply with required setback requirements applicable to the zoning district in which they
are located, including variable height requirements in Section 17.08.050 where
applicable;
5. No wireless facility, wireless transmission device or related support structures, and
accessory equipment shall extend beyond the property lines or be within the required
setback area.
D. Screening. The following screening requirements shall apply to all wireless facilities, wireless
transmission devices and related support structures, and accessory equipment:
1. The proposed wireless facility, wireless transmission device, and related support
structures, and accessory equipment shall be screened or camouflaged by existing or
proposed new topography, vegetation, buildings, or other structures; provided that any
such screening or camouflaging measures shall be aesthetically appropriate for and
compatible with the existing site and the surrounding area. Wireless facilities, wireless
transmission devices, and related support structures, and accessory equipment that are not
screened or architecturally integrated on an existing building or structure shall be
prohibited.
2. All screening used in connection with wireless facilities, wireless transmission devices
and related support structures, and accessory equipment which are building -mounted
shall be aesthetically compatible with the architecture, architectural theme, color, texture,
and materials of the building or other structure to which it is mounted.
3. All fencing shall be designed to resist graffiti or other vandalism and to facilitate the fast
and effective removal of graffiti or repair of any vandalism.
4. The use or incorporation of chain-link fencing, razor -wire, or sharp points in the screening
design of a wireless facility or related support structures is prohibited.
5. The approving body (i.e. Planning Commission or Director or the City Manager or City
Council in the course of an appeal), may waive screening requirements where it
determines that such measures are not necessary or aesthetically appropriate given the
nature of the proposal.
E. Accessory Equipment:
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4930-50944855 v6
I . Any and all accessory equipment shall be located within a building, an enclosure, or
underground vault in a manner that complies with the development standards of the
zoning district in which the equipment is located.
2. If located above ground, accessory equipment shall be screened, camouflaged and/or
concealed in a manner that is aesthetically and visually compatible with the architecture
and design of surrounding buildings, structures and landscaping and in a manner that
hides such equipment from public view or otherwise camouflages and conceals its
presence.
3. If accessory equipment is located outdoors and is in public view, the approving body,
where it deems appropriate, may require the applicant to provide a solid masonry block
wall, or such other aesthetically compatible material acceptable to the Director of
Community Development that will screen such equipment from view.
F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other
than certification, warning, or other required seals or signage. Nothing in this subsection shall
prohibit the City from approving a stealth facility which is camouflaged and disguised as a
freestanding sign.
G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety
measure by Federal Aviation Administration (FAA), or other government agencies with
superseding jurisdiction over lighting issues. If lighting is required, the lighting shall be
designed to minimize glare and light overflow onto neighboring properties.
17.54.140 - Design standards.
The design of wireless facilities, wireless transmission devices and related support structures and
accessory equipment shall be subject to the following design standards:
A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest
extent feasible considering technological requirements, placement, screening,
camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth
design. If no stealth technology or stealth design is proposed, the applicant shall provide
a detailed written analysis identifying those factors and conditions which make the use of
stealth technologies and/or stealth designs infeasible, and explaining why such
technologies or designs are infeasible. In addition, camouflage techniques including the
use of landscaping or other elements to obscure, conceal or minimize the appearance of
the wireless facility shall be utilized as appropriate.
B. All proposals shall use the shortest, smallest, least visible wireless transmission devices,
support structures, and accessory equipment necessary to accomplish the applicant's
service objectives.
C. All exterior finishes shall be comprised of non -reflective, glare -reducing materials, and
shall be painted, screened, or camouflaged to blend aesthetically with the materials and
colors of surrounding buildings or structures. Colors chosen shall minimize visibility and
match or blend with the primary background.
D. All proposed wireless facilities shall be of a kind that will permit collocation by other
wireless service providers.
E. Proposals shall minimize and be resistant to opportunities for unauthorized access,
climbing, vandalism, graffiti, and other activities, which would result in hazardous
conditions, visual blight, or an attractive nuisance.
21
4930-5094-4855 0
F. Wireless transmission devices and related accessory equipment mounted on structures
shall be designed as an integral part of the structure and located to minimize visual impact
on surrounding properties and rights-of-way.
17.54.150 - Noise.
All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed
and operated in such a manner as to minimize the amount of noise impacts to residents of nearby
residential properties, the users of recreational areas such as public parks and public open spaces,
or the occupants of hospitals and schools. In addition, all wireless facilities shall comply with the
noise regulations at Chapter 8.36 of the Rosemead Municipal Code. Back-up generators shall only
be operated during power outages and for testing and maintenance purposes. Testing of such
equipment shall not be conducted on weekends or holidays, or between the hours of ten p.m. and
seven a.m.
17.54.160 - RF and other emissions requirements.
A. No individual wireless facility, wireless transmission device, or accessory equipment shall
generate at any time electromagnetic frequency radiation or radio frequency radiation in
excess of the FCC adopted standards for human exposure, including, but not limited to, the
FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength
and power density for transmitters. The foregoing shall also apply to any combination of
wireless facilities located on the same real property parcel or any combination of wireless
transmission devices and accessory equipment that are collocated or otherwise located upon
the same real property parcel.
B. All wireless facilities, wireless transmission devices, and accessory equipment shall comply
with all rules, regulations and standards, including compliance with non -ionizing
electromagnetic radiation (VIER) standards, set by the FCC and/or any other agency of the
federal government with the authority to regulate such facilities. If such rules, standards and/or
regulations are changed, the recipient(s)/holder(s) of a Wireless Facility Permit approval
issued pursuant to this chapter shall be jointly responsible for bringing such facilities, devices
and equipment into compliance with such revised rules, standards and/or regulations within
six months of the effective date of such rule, standard and/or regulation, unless a more
stringent compliance schedule is mandated by the controlling agency.
C. If any wireless facility, wireless transmission device or accessory equipment is found to be
operating in such a manner as to be hazardous to the health and safety of persons working or
residing near such facilities, devices or equipment, the owner(s) and operator(s) of the
hazardous facility, device or equipment jointly with the owner of the real property parcel
where it is located shall be responsible for correcting the hazardous condition. In no case shall
a wireless facility, wireless transmission device, or accessory equipment remain in operation
if it is found to create an imminent risk of danger to human life or property. The foregoing
notwithstanding, no wireless facility, wireless transmission device, or accessory equipment
that is found to be in compliance with all current EMF or RF emissions standards established
by the FCC or any other federal agency with jurisdiction over the matter shall be deemed
hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation.
D. For the protection of emergency response personnel, all wireless facilities, wireless
transmission devices, and accessory equipment shall have a main breaker switch or other
similar means of disconnecting electrical power at the site. For collocation sites, a single main
22
4930-5094-4855 v6
switch shall be installed to disconnect electrical power for all carriers at the site in the event
of an emergency.
E. Wireless facilities, wireless transmission devices, and accessory equipment shall not be
operated in any manner that would cause interference with public safety communication
systems or consumer electronics products.
F. To ensure all new or modified wireless facilities, wireless transmission devices, and related
accessory equipment comply with FCC radio frequency radiation exposure standards before
regular operations commence, the applicant shall conduct a post -construction or post -
modification NIER/radio frequency radiation exposure test. Compliance with FCC standards
shall be demonstrated by a written certification signed under penalty of perjury by a qualified
and duly licensed radio frequency engineer. A final building permit clearance will not be
issued until the wireless facility, wireless transmission device, and accessory equipment are
certified to be in compliance with FCC operating and emissions standards. The
recipient(s)/holder(s) of any approval given under this chapter shall have sixty (60) calendar
days to bring the non-compliant wireless facility, wireless transmission device, and accessory
equipment into compliance. If such facilities, devices or equipment cannot be brought into
compliance within sixty (60) calendar days from the completion of construction or completion
of modification, such failure shall constitute grounds for the revocation of a Wireless Facility
Permit approval.
G. To verify ongoing compliance with FCC operating and emissions standards, the
recipient(s)/holders(s) of a Wireless Facility Permit approval shall submit updated monitoring
information certifying ongoing compliance with FCC operating and emissions standards.
Such updated monitoring information shall be submitted on an annual basis within thirty (30)
calendar days from anniversary date of approval and shall be prepared by a qualified and duly
licensed radio frequency engineer. If such information is not timely provided, the Wireless
Facility Permit authorization may be revoked. If at any time the facility proves to be in
noncompliance with FCC operating and emissions standards, the noncompliant wireless
facility, wireless transmission device or accessory equipment shall cease all operating. The
recipient(s)/holder(s) of the Wireless Facility Permit approval shall have sixty (60) calendar
days from the date of such disclosure to the City to bring the noncompliant facility, device or
equipment into compliance. If the facility, device or equipment remains noncompliant on the
sixty-first day the City may revoke the Wireless Facility Permit approval for the noncompliant
facility, device or equipment.
H. Any violation of this chapter is hereby deemed a public nuisance and shall constitute grounds
for revocation of any permits and/or approvals granted under this chapter. Such violations
shall also constitute grounds for abatement and removal of noncompliant facilities, devices
and/or equipment by the City at the property owner's expense.
17.54.170 — Performance and Removal bond.
As a condition of approval for any Wireless Facility Permit under this chapter, the applicant shall
be required to procure a performance bond in an amount equal to the reasonably estimated cost
associated with removing the wireless facility, wireless transmission device, and all corresponding
support structures and accessory equipment covered under a Wireless Facility Permit
authorization.
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4930-5094-4855 0
17.54.180 - FAA Compliance.
All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in
compliance with all such restrictions as a condition of approval. All permittees shall provide the
Director of Community Development with proof of such compliance upon request.
17.54.190 - Maintenance and security.
A. Trash and Debris. All wireless facilities, wireless transmission devices, support structures,
alternative siting structures, and accessory equipment within the City of Rosemead shall be
maintained in good repair and kept free from trash, litter, refuse and debris.
B. Graffiti, Vandalism and Damage. All wireless facilities, wireless transmission devices,
support structures and accessory equipment shall be kept free from graffiti and other forms of
vandalism and any damage to the same, regardless of the cause, shall be repaired as soon as
reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.
All graffiti shall be removed from the premises within twenty-four (24) hours of discovery or
within twenty-four (24) hours of any written notice issued by the City of Rosemead. If the
affected surface is a painted surface, graffiti shall be removed by painting over the evidence
of such vandalism with paint which has been color -matched to the surface to which it is
applied. Otherwise, graffiti shall be removed through the use of solvents or detergents.
C. Landscaping. Any Wireless Facility Permit approval which incorporates or otherwise includes
the planting, installation, and maintenance of new landscape improvements and/or the
preservation and maintenance of existing landscape improvements, whether or not used as
screening, shall be maintained in good condition at all times. Damaged, dead, diseased, or
decayed trees, shrubs, and other vegetation as well as damaged or inoperable irrigation
equipment shall be replaced promptly, but in no event later than thirty (30) calendar days from
the date such deficiencies are detected or the date City issues notice of such deficiencies,
whichever occurs first. If a landscape plan was required and approved, the site shall be
maintained in accordance with the approved landscape plan at all times. Amendments or
modifications to such plan shall be submitted for approval to the Director of Community
Development.
D. Maintenance of Certain Stealth Facilities. Stealth facilities designed to appear as flagpoles
must have a flag flown upon the structure and such flag must be properly maintained at all
times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a
new flag. Light fixtures included as part of stealth facilities designed to appear as light
standard or other lighting structures shall be operable at all times. Damaged, defective or
burned -out light fixtures shall be replaced promptly.
E. Contact Information. A permanent, weather-proof identification sign must be placed on the
gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and
conspicuous location approved by the Director of Community Development. The sign must
state the name, address, phone number of the owner of the real property parcel where the
subject wireless facility, wireless transmission device, support structure, alternative siting
structure, or accessory equipment is located, the wireless service provider using the
equipment, and the owner of the equipment, if different from owner of the real property parcel
or the wireless service provider. Fax numbers and e-mail contact number shall also be
included, if available. If the owner of the real property parcel where the subject wireless
facility, wireless transmission device, support structure, alternative siting structure, or
accessory equipment is located has no other contact information, other than a residential
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4930-50944855 vb
telephone number or residential address, the City may maintain such information as part of
the records of the City of Rosemead in lieu of appearing on any signage.
17.54.200 - Maintenance responsibility.
The compliance with the maintenance obligations set forth under this section shall be a joint and
severable obligation of the following parties:
A. The owner of a wireless facility, wireless transmission device, support structure, alternative
siting structure, and accessory equipment and the user(s)/operator(s) of the same if different
from the owner; and
B. The owner of the real property parcel where a wireless facility, wireless transmission device,
support structure, alternative siting structure, and accessory equipment are located.
17.54.210 - Abandonment or discontinuance of use; removal of facilities.
A. Notice to City. A wireless service provider or permittee shall provide written notice by
certified U.S. mail to the Director of Community Development and the Building Official in
the event the wireless service provider intends to terminate or otherwise abandon its use of a
wireless facility or individual wireless transmission device, or the wireless service provider is
required to discontinue its use of a wireless facility or individual wireless transmission device.
Such notice shall be mailed not less than thirty (30) calendar days prior to the contemplated
or anticipated cessation of use; shall state the contemplated or anticipated date upon which the
use will end; and shall state the date upon which the wireless facility or individual wireless
transmission device shall be completely dismantled and physically removed from the real
property parcel where it is sited or located.
B. Dismantling and Removal of Equipment. With respect to the contemplated abandonment,
termination or discontinuance of use of an entire wireless facility, the dismantling and physical
removal shall include the dismantling and physical removal of all wireless transmission
devices, all support structures and all accessory equipment from the real property parcel where
such items were sited. With respect to the contemplated abandonment, termination, or
discontinuance of use of an individual wireless transmission device, the dismantling and
physical removal shall include the dismantling and physical removal of the wireless
transmission device and all corresponding support structures and/or accessory equipment that
do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire
wireless facility also entails and includes the restoration of the site to its original condition
prior to the installation of the wireless facility, excluding any landscape improvements.
C. Failure to Timely Dismantle or Remove. If the dismantling and physical removal of a wireless
facility or wireless transmission device in the manner contemplated under subsection B. of
this section, above, is not completed by the date indicated in the notice referenced under
subsection A. of this section, above, the Building Official shall issue notice to the wireless
service provider and the owner of the real property parcel that the wireless facility or wireless
transmission device must be completely dismantled and removed within sixty (60) calendar
days from the dismantling and removal date originally noticed by the wireless service provider
pursuant to subsection A. of this section.
D. Constructive Abandonment of Facilities. A wireless facility or individual wireless
transmission device that remains inoperative or unused for a period in excess of one hundred
eighty (180) calendar days shall be deemed abandoned for purposes of this section. The
foregoing shall apply notwithstanding any assignment of ownership or lease rights as
25
4930-5094-4855 v6
contemplated under Section 17.54.220, below. After one hundred eighty (180) calendar days
of inoperability or nonuse, the Building Official shall issue notice to the wireless service
provider and the owner of the real property parcel that the wireless facility or wireless
transmission device must be completely dismantled and removed within sixty (60) calendar
days.
E. Responsibility for Dismantling and Removal. The dismantling and physical removal of
wireless facilities, wireless transmission devices, support structures, and/or accessory
equipment shall be the joint and several responsibility of the wireless service provider and the
owner of the real property parcel upon which the wireless facility or wireless transmission
device is sited.
F. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission
device is not dismantled and physically removed within any time period required under this
section, the same shall be deemed a public nuisance and any unexpired permit or authorization
to use, operate and/or maintain the wireless facility or the wireless transmission device may
be revoked in accordance with Section 17.54.230 of this chapter.
G. Performance and Removal Bond — If the abandoned, inoperative or unused wireless facility is
not removed in the time periods provided for in this section, the City of Rosemead may act on
the bond submitted to cover all costs incurred for the removal of the wireless facility.
17.54.220 - Transfer of operation.
Any wireless service provider who owns or leases a wireless facility or who leases space for the
placement of an individual wireless transmission device upon a support structure or alternative
siting structure may assign its ownership or lease rights to another wireless service provider
licensed by the FCC provided that any such assignment be conditioned upon the following:
A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the
Director of Community Development and the Building Official;
B. The forwarding of the official name and contact information of the prospective assignee; and
C. The assignee's written acknowledgement and assumption of all duties, requirements,
restrictions and responsibilities applicable to the use, operation and maintenance of the subject
wireless facility or subject wireless transmission device as provided under this chapter or
Wireless Facility Permit, or any approval issued under this chapter.
17.54.230 - Revocation.
A. At any time, the Planning Commission or City Council may initiate proceedings to revoke
any Wireless Facility Permit approval issued pursuant to this chapter. Grounds for revocation
include the following findings:
1. The wireless service provider or property owner has abandoned or otherwise ceased its
use of the wireless facility or an individual wireless transmission device; or
2. The wireless service provider or property owner has failed to bring the wireless facility,
an individual wireless transmission device, support structure or accessory equipment into
compliance with the conditions of approval, or the requirements of this chapter, within
any time period provided for in this chapter or within any other extended time period set
forth by the Director of Community Development or the Building Official; or
3. The wireless facility, wireless transmission device, or accessory equipment no longer
complies with applicable health and safety regulations promulgated by the FCC or the
Federal Aviation Administration and the recipient(s)/holder(s) of a Wireless Facility
26
4930-5094-4855 v6
Permit approval have failed to timely bring such facilities, devices and equipment into
compliance.
17.54.240 Over -The -Air -Reception Devices.
A. Intent of Regulations. In conformance with FCC regulations an OTARD may be erected at
heights and dimensions sufficient to accommodate service. The provisions of this section are
designed to allow such accommodation.
B. Antennas Permitted without a Discretionary Permit. The following OTARDs are permitted as
accessory uses in all districts without approval of a discretionary permit:
1. Enclosed Antennas. Antennas completely enclosed within a building.
2. Single -Wire Antennas. An antenna consisting of a single wire not exceeding one-fourth
inch in diameter. Such wire antennas may be located in setback areas provided the
antenna does not extend above the maximum building height in the district.
3. Vertical Antennas. A single ground -mounted vertical pole or whip antenna not exceeding
42 feet in height, measured from finish grade at the base of the antenna, and not located
in any required setback area. Support structures or masts for pole or whip antennas shall
conform to standards set out in the California Building Standards Code. A building permit
may be required for the support structure or mast.
C. Antennas Requiring an OTARD Permit. Antennas which do not meet the criteria listed in
subsection (B) of this section may be permitted as accessory uses in all districts if an OTARD
permit is approved. The following factors and findings shall be considered in the review of
such use permits:
1. Factors to Be Considered. The decision-making authority shall consider the following
factors in reviewing Wireless Facility Permit applications:
a. The Federal Communications Commission (FCC) rules that prohibit restrictions that
impair the installation, maintenance or use of an OTARD which unreasonably delays
or prevents installation, maintenance, or use, unreasonably increases the cost of
installation, maintenance, or use; or precludes reception or transmission of an
acceptable quality signal.
b. The proposed height and design of the OTARD, and the technological necessity of that
height and design of the antenna.
c. The proximity of the proposed OTARD to inhabited buildings and the nature of
existing uses on nearby properties.
d. The design of the proposed antenna, with particular reference to design features that
may reduce visual impacts, particularly in residential zones.
2. Required Findings. Applications for OTARDS shall be reviewed in accordance with
section 17.54.070. The following findings shall be made by the decision-making authority
in conjunction with approval of a use permit for the antenna:
a. Consistency with General Plan. The antenna is consistent with the general plan and
any applicable specific plan.
b. Consistency with Zoning Code. The antenna conforms to the permitted use provisions
and development standards of this zoning code and is consistent with the Rosemead
Municipal Code and any applicable specific plan.
c. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
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4930-5094-4855 %6
d. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
e. Technological Necessity. The height, design, and configuration of the proposed
antenna is technologically necessary to engage in amateur radio communications of
the nature contemplated.
f. Constraints of the Site. Topographic or other constraints limit the feasibility of
engaging in amateur radio communications with antennas permitted under subsection
(B) of this section.
g. Reasonable Accommodation. The installation of the antenna is necessary to
reasonably accommodate amateur radio communications.
h. Mitigation of Impacts. The placement and design of the antenna minimizes potential
visual impacts on surrounding property owners to the extent feasible while reasonably
accommodating amateur radio communications.
17.54.250 - Wireless facilities in the public right-of-way.
The City Council finds and determines that it is necessary, desirable, and in the public interest to
impose the City's time, place and manner requirements, as authorized by Public Utilities Code
Section 7901.1, upon telephone corporations and upon state video franchise holders as regulated
at Title 12, Chapter 12.54.
17.54.260 - Nonconforming facilities.
A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support
structure, alternative siting structure and accessory equipment placed, affixed, mounted,
constructed, developed, erected or installed prior to the effective date of the ordinance codified
in this chapter, as may be amended from time to time, or for which an application for a use
permit is deemed complete prior to the effective date of the ordinance codified in this chapter,
in compliance with all applicable laws and which does not conform to the requirements of this
chapter shall be accepted and allowed as a legal nonconforming use. Such legal
nonconforming uses shall comply at all times with the laws, ordinances and regulations in
effect at the time the application was deemed complete, and any applicable Federal or State
laws as they may be amended or enacted from time to time, and shall at all times comply with
the conditions of approval.
B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device,
support structure, alternative siting structure and accessory equipment placed, affixed,
mounted, constructed, developed, erected or installed prior to the effective date of the
ordinance codified in this chapter in violation of applicable laws, ordinances or regulations
shall be considered an illegal nonconforming use and shall be subject to abatement as a public
nuisance.
17.54.270 - Fees.
By resolution, the City Council may establish, and from time to time adjust, fees to recover the
reasonable estimated cost of processing and reviewing applications for the approval of permits
issued pursuant to this chapter. The fee for processing and reviewing applications for an
Administrative Wireless Facility Permit shall be the same as for an Entitlement Plan Check
Modification Fee (Ministerial) as established by the City Council. The fee for the Discretionary
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4930-5094-4855 0
Wireless Facility Permits shall be the same as for a Conditional Use Permit as established by the
City Council.
17.54.280 - Federal or State law.
The implementation of this chapter and decisions on applications for placement of wireless
facilities shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is
determined that the applicant has established that denial of an application would, within the
meaning of Federal law, prohibit or effectively prohibit the provision of personal wireless services,
or otherwise violate applicable laws or regulations. If that determination is made, the requirements
of this chapter may be waived, but only to the minimum extent required to avoid the prohibition
or violation.
17.54.290 — Violation.
A. Upon making a determination that the wireless facility is in violation of the Rosemead
Municipal Code, the City at its discretion, initiate a nuisance abatement action pursuant to
Chapter 8.44 of the Rosemead Municipal Code.
B. Violation of this chapter is a misdemeanor and is punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more
than six months or by both such fine and imprisonment. Each day during any portion of which
any violation of any provision of this chapter is committed, continued or permitted, constitutes
a separate offense. The provisions of this chapter will not limit any other remedies authorized
by law.
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4930-5094-4855 0
SECTION 4. Code Amendment. RMC § 17.20.020 is amended to read as follows:
17.20.020 - Commercial and industrial land uses and permit requirements.
Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land allowed
in each such zoning district, and the land use permit required, if any, to establish each use subject
to section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a
section reference number, the regulations in the referenced section apply to the use in addition to
those shown in the table.
Table 17.20.020.1
USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Land Use
Requirements by District
Specific Use
CI -MU M-1
Regulations
Transportation, Communications, and Infrastructure Uses:
Automobile Parking
CUP
CUP
Facilities as principal
use (subterranean and
structures
Heliports and
A/CUP
A/CUP
Helisto s
Telecommunications
P
P
facilities (not
including Wireless
Telecommunication
facilities
Utilities
P
P
Wireless
—
See Article
See Article
Telecommunication
3, Chapter 17.54
3, Chapter 17.54
Facilities
Special Needs Uses, limited to only the following:
Emergency Shelters
—
P
See Article
3, Chapter 17.30
SECTION 5: Code Amendment. RMC § 17.21.020 is amended to read as follows:
17.21.020 - Garvey Avenue Specific Plan Land Uses and Permit Requirements.
Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed
in each such zoning district, and identifies the land use permits required, if any, to establish each
use subject to section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use
30
4930-50944855 v6
Regulations) includes a section reference number, the regulations in the referenced section apply
to the use in addition to those shown in Table 17.21.020.1.
Table 17.21.020.1
Uses in the Garvev Avenue Specific Plan District
Allowed Uses Key:
GSP -
GSP - R/C
GSP
GSP —
Specific
OS/P
MU*
Regulations
Public and Civic
Colleges and
—
—
—
P
Universities
Cultural Institutions
CUP
CUP
CUP
CUP
Park and
P
P
P
P
For lighted
Recreation
facilities, see
Facilities
RMC
Section 17.68.060
Places of Religious
—
CUP
CUP
CUP
Assembly
Public Utility
AUP
AUP
AUP
AUP
Facilities
Telecommunication
See Article
See Article
See Article
See Article
See Article
Facilities/Wireless
3, Chapter
3, Chanter
3, Chanter
3, Chapter
3, Chanter 17.54
17.54
17.54
17.54
Telecommunication
17.54
Facilities
Educational
—
CUP
CUP
CUP
Institution Private
SECTION 6: Code Amendment. RMC § 17.24.020 is amended to read as follows:
17.24.020 - Special purpose district land uses and permit requirements.
Table 17.24.020.1, Uses in Special Purpose Districts, identifies the uses of land allowed in the
Open Space (O -S) district and the Automobile Parking (P) zoning district, and the land use permit
required, if any, to establish each use subject to Section 17.08.050. Where the last column in the
tables (Specific Use Regulations) includes a section reference number, the regulations in the
referenced section apply to the use in addition to those shown in the table. The Planned
Development (P -D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040.
Table 17.24.020.1
USES IN SPECIAL PURPOSE DISTRICTS
Land Use
I Requirements by District
Specific Use
Regulations
O -S P
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4930-50944855 v6
Public Parking,
P
P
including Parking
Lots and Structures
Colleges and
Universities
P
Private Parking
—
CUP
Cultural Institutions
Facilities for Shared
CUP
Educational
Institution Private
CUP
Use
Government
A
—
Buildings and
Facilities
Wireless
See Article
—
See Article
Telecommunication
3, Chapter 17.54
3, Chapter 17.54
Facilities
Utilities
P
P
SECTION 7: Code Amendment. RMC § 17.28.040.0 is amended to read as follows:
C. Permitted Uses.
1. The following land uses identified in table 17.28.040.1 below apply to individual
properties based on the location and application of the FCMU Overlay zones. For ease of
reference, land uses are grouped based on the general use category. Property owners,
developers, and applicants should refer to the Freeway Corridor Mixed -Use Overlay
document to verify their property's relevant FCMU Overlay zone.
2. The Community Development Director, or designee, may determine that a proposed use
that is not specifically listed in the table below is in keeping with the vision and intent for
the FCMU Overlay and therefore may be allowed if it meets all of the following criteria:
a. The characteristics of and activities associated with the proposed use is similar to one
or more of the permitted uses in the table below, and will not involve substantially
greater intensity than the other uses permitted within the FCMU Overlay;
b. The proposed use will be consistent with the purpose and intent of the FCMU
Overlay;
c. The proposed use will be compatible with the other uses listed for the FCMU
Overlay.
Table 17.28.040.1
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4930-SO94-4855 v6
FCMU-C
FCMU-B NOTES
Public and Civic
Colleges and
Universities
P
Community Garden
P
P
Cultural Institutions
CUP
CUP
Educational
Institution Private
CUP
CUP
32
4930-SO94-4855 v6
Park and Recreation
P
P
Facilities
Places of Religious
CUP
-
Assembly
Public Utility
AUP
AUP
Facilities
Telecommunication
See Article
See Article
See Article
Facilities/
3, Chapter 17.54
3, Chapter 17.54
3, Chapter 17.54
Wireless
Telecommunication
Facilities
Commercial
SECTION 8: Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof,
be rendered or declared invalid or unconstitutional by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the
validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby
declares that it would have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may
be declared invalid or unconstitutional.
SECTION 9: Publication. The City Clerk shall certify to the adoption of this Ordinance and
shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office
of the City Clerk at least five (5) days prior to the adoption and within fifteen (15) days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty days
after the date of its adoption.
SECTION 10: Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
33
4930-5094-4855 v6
PASSED, APPROVED, AND ADOPTED this day of , 2026.
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
Sandra Armenta, Mayor
ATTEST:
Ericka Hernandez, City Clerk
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby certify that Ordinance No. 1032 was first introduced at the regular meeting
of , 2026, by first reading. Said Ordinance was approved and adopted by the
City Council of the City of Rosemead at a regular meeting held on the day of
2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
34
4930-5094-4855 v6
Attachment B
Ordinance No. 1032 - Redline
Chapter 17.54 - WIRELESS TELECOMMUNICATION FACILITIES
Sections:
17.54.010 Purpose, intent and goals.
17.54.020 Definitions.
17.54.030 Applicability.
17.54.040 Exemptions.
17.54.050 Required approval,expiration and renewal.
17.54.060 Application submission requirements.
17.54.070 Approval procedures — required findings.
17.54.080 Prohibited grounds for denial.
17.54.090 Requirements for administrative Collocation.
17.54.100 Applicant's evidentiary burden -Eligible Facilities Requests.
17.54.110 Appeal — iscretionarytre ess Fal
17.54.120 Appeal—Administrative Collocation_ fireless aciity ermu
17.54.130 General development standards.
17.54.140 Design standards.
17.54.150 Noise.
17.54.160 RF and other emissions requirements.
17.54.170 Performance bond.
17.54.180 FAA Compliance.
17.54.190 Maintenance and security.
17.54.200 Maintenance responsibility.
17.54.210 Abandonment or discontinuance of use — removal of facilities.
17.54.220 Transfer of operation.
17.54.230 Revocation.
17.54.240 Over -The -Air -Reception Devices.
17.54.250 Wireless facilities in the public right-of-
way. 1734.250260 Nonconforming facilities.
17.54.260270 Fees.
17.54.280 Federal or State law.
17.54.290 Violation.
Permits.
17.54.010 - Purpose, intent and goals.
A. Purpose. The purpose of this section is to provide a uniform and comprehensive set of
standards for the permitting, design, placement, affixing, attachment, mounting, construction,
erection, installation, collocation, development, use, operation, maintenance and modification
of wireless facilities, wireless transmission devices and related support structures and
accessory equipment on private property within the siiyCi W of Rosemead.
1
4917-8682-2559 v2
B. Intent. Balanced against the goals of Federal and State laws designed to promote more
reliable and cost competitive wireless service, the regulations set forth herein are intended to:
1. Safeguard the public health, safety and community welfare;
2. Preserve the aesthetic appearance of the Rosemead Community;
3. Promote the identification, examination and implementation of aesthetically innovative
yet reasonably feasible techniques for the design and siting of wireless facilities and
wireless transmission devices;
4. Promote approaches to designing and siting of wireless facilities and wireless
transmission devices which are more compatible and harmonious with their surroundings;
and
5. Promote the goals and policies of this section and the Rosemead General Plan.
C. Goals. The goals of this section are to:
1. Protect the visual character of the-c4City of Rosemead from the potential adverse effects
of wireless facilities, wireless transmission devices, support structures and accessory
equipment;
2. Prevent the emergence and proliferation of visual blight along visually significant or
vispally sensitive corridors within the-c4City of Rosemead, including significant
showcase corridors;
3. Recognize the rights of wireless facilities operators and wireless transmission devices
under Federal law and State law, and harmonize those with the City's interest;
4. Encourage imprsowners and operators of wireless facilities and wireless transmission
devices to locate such equipment in areas where any adverse impacts on the community
are optimally mitigated and, where oossihleappropriate, encourage users of wireless
facilities to collocate those facilities with existing wireless facilities;
5. Encourage users of wireless facilities, which include accessory equipment, to configure
such equipment in a manner that minimizes their adverse visual impact;
6. Encourage the managed and aesthetically sensitive development of wireless facilities in
the-dtyCity of Rosemead;
7. Ensure tsat approved wireless facilities, wireless transmission devices and related
accessory equipment and support structures are constructed and operated in a safe and
legally compliant manner; and
8. Establish uniform criteria and procedures for the construction, installation and operation
of wireless facilities, wireless transmission devices and related accessory equipment and
support structures.
17.54.020 - Definitions.
For purposes of this section, the following terms shall have the meaning set forth herein:
"Accessory Equipment" means any equipment or device necessary for the operation of a wireless
transmission device and used in conjunction with a wireless transmission device and any related
support structure. Such equipment or devices include, but are not limited to, utility or transmission
equipment, power supplies, generators (including back-up generators), batteries, cables,
equipment buildings, cabinets and storage shed shelters or other structures.
2
4917-8682-2559 Q
"Administrative Collocation" shall have the same meaning as the term "collocation facility" as
defined under Section 65850.6 of the California Government Code which generally refers to a type
of collocation (as defined herein). Under Section 65850.6 of the California Government Code,
administrative collocation requires a nondiscretionary approval when all of necessary
circumstances and conditions set forth under RentionSections 65850.6 and 65964.1 of the
California Government Code are met. Further, a nondiscretionary approval shall be issued for a
collocation when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012 and any Federal Communications Commission regulations or orders
issued to implement that Act.
"Alternative Siting Structure" means a building, structure or improvement (usually preexisting)
that is structurally and legally capable of serving as a siting platform for certain wireless
transmission devices and certain accessory equipment notwithstanding the fact that the support of
such systems is secondary and subordinate to the primary purpose, design and legal use of the
building, structure or improvement. "Alternative siting structures" include, but are not necessarily
limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features
incorporated into buildings which are capable of concealing and/or camouflaging a wireless
transmission device and related accessory equipment from public view. "Alternative Siting
Structures" do not include "support structures" as defined herein.
"Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real
property parcel.
"Antenna" means and refers to a type of wireless transmission device composed of any system
of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used
to transmit and/or receive electromagnetic waves, including, but not limited to, radio frequency
signals, for the purpose of conveying telephonic communications, video transmissions or
communications, written communications, radio communications, signs, signals, pictures and the
like. "Antenna" includes devices having active elements extending in any direction, and directional
beam -type arrays having elements carried by and disposed from a generally horizontal boom that
may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and
antenna support all of which elements are deemed to be part of the "antenna" and shall include,
but not be limited to:
1. "Antenna - Directional:" (also known as "panel" antenna) which transmits and/or receives
radio frequency signals in a directional pattern of less than three hundred sixty (360)
degrees;
2. "Antenna - Facade -mounted" which is any antenna directly attached or affixed to the
elevation of a building, tank, tower or other structure;
3. "Antenna - Flush -mounted" which is mounted to a structure which does not project above
the facade to which it is mounted;
4. "Antenna - Roof -mounted" which is mounted to the roof of a building or similar structure;
5. "Antenna - Ground -mounted" which is any antenna with its base placed directly on the
ground or mounted to a pole, lattice tower or other freestanding support structure
specifically constructed for the purpose of supporting the antenna;
3
4917-8682-2559 v2
6. "Antenna - Omni Directional" which transmits and/or receives radio frequency signals in
a 360 -degree radial pattern, including, but not limited to, any antenna designed to receive
video programming services via multipoint distribution services;
7. "Antenna - Parabolic" (also known as a "satellite dish antenna") which is any device
incorporating a reflective surface that is solid, open mesh, or a bar configuration that is
shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive
electromagnetic or radio frequency communication signs [signals] in a specific
directional pattern;
8. "Antenna - Portable" which is any device used to transmit and/or receive electromagnetic
or radio frequency communications signals in a specific directional pattern, located on a
portable or movable base designed to be placed either for temporary or long-term use at
a given site.
"Applicant(s)" means and refers to any person(s) who, in accordance with the approval
procedures set forth under this section, applies for authorization:
1. To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain,
or modify a wireless facility, wireless transmission device, support structure and/or
accessory equipment within the 6Wity of Rosemead; or
2. Collocate an additional antenna or other additional wireless transmission device upon a
preexisting support structure or alternative siting structure already containing one or more
antenna or other wireless transmission devices.
"City Council" means the governing body of the 6FtjtCity of Rosemead organized pursuant to
Title 2, Chapter 2.04 (City Council) of the Rosemead Municipal Code.
"Collocate", "Collocation" or "Collocating" means and refers to the act of placing, affixing,
attaching, mounting, constructing, erecting, and/or installing:
1. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon a preexisting support structure already containing one or more
antennas, wireless transmission devices and/or accessory equipment;
2. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon an alternative siting structure already containing one or more
antennas, wireless transmission devices and/or related accessory equipment; or
3. An additional wireless facility upon a single real property parcel already containing a
wireless facility or wireless transmission device, and related support structures, and/or
accessory equipment.
"Community Development Director" t�teatis '��' or "Director of Community
Development" means the Director ferof the Re -se -mead Planning Qivis Community
Development Department, or designee.
"COW" means a "cell on wheels," which is a portable, self-contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a
location. A COW is normally vehicle -mounted and contains a telescoping boom as the antenna
support structure.
4
4917-8682-2559 Q
"De Minimis Level," when used in reference to the geographic scope of an existing or remaining
gap in personal wireless service network coverage for a personal wireless service provider,
necessarily refers to a level of coverage that is less than one hundred (100) percent seamless
coverage, but generally no greater than a small number of isolated dead spots or other small holes
in coverage within a greater service area. Where coverage holes are large or frequent in number
and size, and also extend to the interior of buildings in urban areas or to a significant number of
residences in well -populated areas, such gaps in coverage shall not be considered to be of a de
minimis level.
"Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the
Code of Federal Regulations which defines "dead spots" as small areas within a service area where
service is presumed notwithstanding the fact that field strength is lower than the minimum level
for reliable service.
"Eligible Facilities Request" shall have the same meaning as that definition provided for in
Chapter 12.54 of the Rosemead Municipal Code.
"Fixed Wireless Service" means any service providing radio communication to or from antenna
structures at fixed and specified locations which are not designed to be moved during operation
and which offers the ability to access or receive communication from the public switched telephone
network.
"Federal Communications Commission" or "FCC" means that certain administrative
subdivision of the federal government of the United States of America which is generally
responsible for the regulation of telecommunications in the United States of America.
"Graffiti" shall have the same meaning as set forth at section 9.12.100 of the Rosemead Municipal
Code.
"Guyed Structure" means and refers to a variety of support structure consisting of a single truss
assembly composed of sections with bracing incorporated. The sections of the "guyed structure"
are attached to each other, and the assembly is attached to a foundation and supported by a series
of wires that are connected to anchors placed in the ground or on a building.
"Lattice Tower" means and refers to a variety of support structure consisting of vertical and
horizontal supports with multiple legs and cross -bracing and metal crossed strips or bars.
"Monopole" means and refers to a variety of support structure generally consisting of a single
pole or shaft designed to support one or more antennas or other wireless transmission devices.
"Monopoles" are usually composed of two or more hollow sections that are in turn attached to a
foundation and such structures must be designed to support themselves without the use of guy
wires or other stabilization devices. The term "monopole" as defined herein does not include lattice
towers.
5
4917-8682-2559 v2
"Over-The-Air-Reception Devices" or "OTARD" means antennas covered by the 'over-the-air
reception devices" rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.
"Person" means a natural person or a business entity or organization, other than a public agency,
including a corporation, partnership, limited liability company, proprietorship, joint venture,
association, cooperative, estate, or trust.
"Personal Wireless Services" as used in this section shall have the same meaning as applied to
the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section
332(c)(7)(C)(i)) which includes 'commercial mobile services", "unlicensed wireless services", and
"common carrier wireless exchange access services". By way of example and not limitation,
"commercial mobile services" include federally licensed wireless telecommunications service such
as cellular services, personal communications services ('PCS"), specialized mobile radio services
("SMR"), enhanced specialized mobile radio services ("ESMR"), pagingandlike services that
may be developed in the future.
"Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the
same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C.
Section 332(c)(7)(C)(ii)).
"Planning Commission" means the City Planning Commission for the_C4City of Rosemead
organized pursuant to Chapter 2.28 of the Rosemead Municipal Code.
"Property Owner" means and refers to the person(s) who own(s) the real property parcel upon
which a wireless facility, wireless transmission device, support structure or accessory equipment
is or is proposed to be sited.
"Sate"Ite Dish Antenna" meaRs any rabali.. (bowl shaped) entennn whigh.
1 Was a diameter greater than two feeti
2. is ded, ed to re satellite transmissions
'
3. L. able of trns...'tt'n elenlrnmagriet'e
.+iRG161diRg, bUt not limited to
radia frequenG.. ..is• and
4. In e..tern..l too attaphed to the exterior of any building.
g.
"School District" means the Rosemead School District, the El Monte Union High School District,
the Garvey School District and the Montebello Unified School District. The term "school district"
does not include any other variety of school district or like entity established or organized under
the laws of the State of California, including, but not limited to, any community college district.
"Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or
wireless transmission device which is disguised to appear as another natural or artificial object that
is prevalent in the surrounding environment or which is architecturally integrated into a building
or other concealing structure or improvement. "Stealth facilities" generally include camouflaged
structures such as monopalms, monopines, or any other variety of monopole-supported wireless
facilities designed to look like a tree or other camouflaged structures such as clock towers. "Stealth
facilities" may also include wireless facilities or wireless transmission devices, inclusive of
accessory equipment that are integrated into existing alternative siting structures such as flag poles
6
4917-8682-2559 Q
or light standards or which are integrated within design features of buildings such as church
steeples, parapets, faux chimneys, or other similar concealing design features.
"Support Structure" or "Support Structures" means a structure designed to support antenna(s)
or other wireless transmission devices to facilitate the transmitting and/or receiving of radio
frequency signals. Support structures include, but are not limited to, masts, monopoles, guyed
structures, lattice towers, and other like structures used to support wireless transmission devices.
The term "support structure" does not include alternative siting structures as defined herein.
"Wireless Facility" or "Wireless Facilities" means and includes:
1. All "personal wireless service facilities," all "wireless telecommunications facilities" and
all "wireless telecommunications collocation facilities" as defined herein; and
2. Any single combination of wireless transmission devices, related accessory equipment
and/or related support structures used in conjunction with one another at a specific
location within a single real property parcel for the purpose of providing wireless services
as defined herein.
"Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who
owns a wireless facility, wireless transmission device, support structure and/or accessory
equipment sited within the eityCity of Rosemead.
"Wireless Facilitv Permit" means any permit governing and approving Wireless Facilities
including those facilities that are subject to an Administrative Wireless Facility Permit or
Discretionary Wireless Permit.
"Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service,"
"wireless video service" as the same are defined herein or any other variety of wireless service
involving the conveyance of telephonic communications, video transmissions or communications,
written communications, radio communications, signs, signals, pictures and the like by means of
wireless transmission devices.
"Wireless Service Provider" means any person who provides wireless services as defined herein
or who otherwise utilizes, owns, leases, and/or operates a wireless facility or a wireless
transmission device within the G4yC4y of Rosemead.
"Ierre�S re2vv�rni*v'r�caa«ivrrs
c��mrtir "V11iFeless Teleeemmunseat; ons
cfr�m' 'r�or
_r_u L_.._ .1_ __—_ __ __I _x .._r__ c_...:__ r_rorn c ..e u -
"Wireless 'Feleso :a.;s CA"Ar, ntacin Faoili,ty" Ar "Wireless
...dor Comte. RC.4Gl1 R of the 2RI'farnia GAVArn...oR r -A dP
"Wireless Transmission Device" or "Wireless Transmission Devices" means any apparatus or
device (excluding support structures or accessory equipment) designed for the transmitting and/or
receiving of radio frequency signals or other electromagnetic wave signals which convey
telephonic communications, video transmissions or communications, written communications,
radio communications, signs, signals, pictures and the like. Wireless transmission devices include
antennas as defined herein.
7
4917-8682-2559 v2
17.54.030 - Applicability.
A. This section applies to the placement, affixing, attachment, mounting, construction, erection,
installation, collocation, development, use, operation and maintenance and modification of
wireless facilities, wireless transmission devices, support structures and related accessory
equipment as the same are defined herein.
B. The processing or design requirements of this chapter are further detailed in the Rosemead
Wireless Telecommunications Facilities Guidelines. The guidelines may be prepared and
amended as needed by the Director of Community Development or Director of Public Works
in order to keep pace with changing State or Federal law and technology. All wireless facilities
shall comply with the regulations and design guidelines contained within the Rosemead
Wireless Telecommunications Facilities Guidelines. In the event of a conflict between the
Rosemead Municipal Code and the Rosemead Telecommunications Facilities Guidelines, the
Guidelines shall prevail. In the event that the Guidelines are amended, a copy of any changes
made to the guidelines shall be provided in a report to City Council.
17.54.040 - Exemptions.
The following uses shall be exempt from the provisions of this section:
A. any satellite dish antenna- as defined under eeetien 17-.54.020 (Deenaiens� A.
Over-The-Air-Reception Devices
B
a An., satellite antenna that 's ene meter (39.37- inches) OF less in diemeter and 's
designed tere a d'rest' bt tit' haadsast ..atellite nee, but Ret GIUdine
direst to home satellite sse,
a defined i nder Centien 2011 of Tifle47 of the
I In'ted States Grade of Cedeml Regulations;
G Any antenna stn.st a designed to r ve, but net transmit LI
r then r 1 IO
i e
ndlar \ILIO televisian hm;idnast trancm
fl Any antenna strip-Fe that in designed H. FeGeive, but net transmit GveF the_air
F. Any antenna Lised b., a therF.ed a ate radie statiens licensed by the Federal
F. Public safety communications facilities owned and operated by the GiKjjy of Rosemead
or the county of Los Angeles.
C. Installation of a COW or a similar structure for a temporary period in connection with an
emergency or event at the discretion of the Director of Community Development, but no
longer than required for the emergency or event. This exemption only applies if the
proposed COW does not involve excavation, movement, or removal of existing facilities.
17.54.050 - Required approvals; expiration and renewal.
A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach,
mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless
facility, wireless transmission device, support structure and/or accessory equipment within the
GityCity of Rosemead without a Ganditional use peFrnetWireless Facility Permit approved by
the Director of Community Development. Planning Commission, or the City Council in the
course of an appeal, following a na ised-pabl hearing on the matter. "letwithstanding the
8
4917-8682-2559 Q
feFegOdRg, ad .,
n'stFat'e onlinnat'on may he allnu.ed as approved 'n s sfi
heenn Q of
this SeGt'OGr.
B. G n" Rt,.,.. r-,. .zl Ne perann may _ueg_te - Fele__ fan.rty OF -..Fele__
de,..^_ iRGIudiRg el t a aGGessGFy --q- - ••epi _ith^'..t ^_ ,,,.Rdit:^.n..^_!
_r- --t approved by the Planning(`o !"
F the t.. GE) n'1 'n the Course
F a appeal follo,yn a et'ned n hl's heaFing AM the ma#er A 1atwdthstand'ng the
fgFege'n adm'n'strat\, ollennt'n cello.. ed a PPFE).ed i ubseetion r of this
SeFt4AfB
Administrative Collocation.- and Eligible Facilities Request. If, following the submission of a
completed application form and all required materials set forth ander ceptien 17 54 ncn
inppngatian Submission Requ*Fementsi tb a in the application, the Director of
Community Development 94reste"etermines that a proposed collocation qualifies as an
"administrative collocation" asdefined herein, SLIGh proposal shall not e
gnditional use permit h' for "eligible facilities request' the proposed installation shall be
approved by the Director of Community Development ^'^^tor -through the issuance of an
administrate„e eononation n m t, Administrative Wireless Facility Permit. The foregoing
notwithstanding, an administrative ^II^^atienAdministrative Wireless Facility Permit
approval shall be subordinate and subject to the conditions of approval associated with the
existing wireless facility to which it relates and
fau'l't.. to ..,hash it relates a ethtzpvisp vialatp nr he inrnnsistpnt with the nnnd'fn
RS
'aced u,'th the PFiGF appFGval of the fauilih. to ,.,h iuh it elates (Unless the
does t d the tial thFeshelrs idepti�ed
IrkEa:.slstertc�l--cv�� rtvz e£ccv--mom sta;TnarE;fiingc
Federal remm„n'nations romm e ulat•n aF 9Fders\ _ Also, the life of an
Administrative Wireless Facility Permit approval may not exceed
the life of the underlying ^^ndi'i^nal use nermiffireless Facility Permit or other underlying
discretionary authorization corresponding to the w4reless
telennmmunivati^^^administrative collocation faG414yor Eligible Facilities Request upon
which the proposed wireless transmission device and corresponding accessory equipment will
be placed or installed.
n or„ a ed I e atiens
1 The ("ty ma„ anpro..be y resolution, following a duly ngtined n hl'n hewing, a list
i ^'too wh'nh may he Ionated an bk erty o .,'thin the p. hl'n Fight_ef_way
pd ...hish a appFeved fpr.. rely s fau'I'tie eless transm's p device6, or
elated aeeesseFy equipment Csall
gnh ate sh'nal de a desnr ptie of permissible
development and design r
uhaauter'st'n ul .Jan h t net limited to
, maximurn
height r nts The City shall make aid r elution available to all peFsens
Lipt The I'st of Io^at'o h(Rfly a pded by
on reg ese a repro..ens ma,. e s seg o me
reseLdien from time to time
O All f p'li'es located OR b.l' .. rtsite ..h' h is pre approved in erdann
. .. ;IIhSPrtiAR D 1 of this Section fnll^,.,ing the effent'..e date hereof m st obtain
administrative approval from the (`o nit.. Development nirenter iR
this Title, and a add't'o al of different F nts made a pnuahle by this
a n.. n en Fame n
SA6tinn -_--__ _-_ __. _._ this
9
4917-8682-2559 v2
io
4917-8682-2559 v2
..
io
4917-8682-2559 v2
17.54.060 - Application submission requirements.
A. Applications for a conditional use permitWireless Facility PermiL under this section- a
rant rn r Antenna Plan, r fE)Pt96:5ppiaVaT-a RR ^,r.,,'..'^rr.,r'.,n nnnn^f'nn shall
be submitted to the Rosemead Planning Division on a form approved by the Director of
Community Development-D+Feuer.
B. The following information and documentation shall be required for all submittals:
1. Application Form. Each applicant shall submit a completed application form which must
include the following information:
a. Applicant Information. The name, business address, telephone number, fax number
and, if available, e-mail address of the applicant or co-applicants. The following
persons must be identified as applicants/co-applicants on any application form:
1) The property owner;
2) The wireless service provider who will use the proposed wireless facility,
wireless transmission device and any related support structures and accessory
equipment; and
3) The wireless facility owner, if different from either the property owner or the
wireless service provider.
b. Project Location. The street address and assessor's parcel number of the real property
where the wireless facility, wireless transmission device, support structures and/or
accessory equipment will be located.
c. Property Easements. The location and description of all easements, including public
utility easements, encumbering the real property parcel where the wireless facility,
wireless transmission device, support structures and/or accessory equipment will be
located.
d. Coverage and Other Service Objectives. The applicant shall include the fellewinn info""ati^^
n thea ol'nat'nn fnrw.�
4-}—Aa general summary of those specific service objectives which the applicant seeks
to attain or address through its proposal, (e.g., whether it is to add additional network
capacity; increase existing signal strength; or provide new radio frequency
coverage).
2) A general cupAmaFy of the nature lonalinn anal n shin t.nnnrdariec of
aRy nrrerl a on et...orL nOveFage and a summaFy of the c of
oh a gap at 'AnatiAns .!thin its 'rtentTe.dgeegFanh'n
boundaries (e.g., ..hether anal ,..here it a..tond'; to in building
e h'nle n nd"ar e-ut.dn oro e) ,
3) A n al summaFy of then nlinant'n a nal faith e#eks to identify, nt„rl..
A L21 gal,ate loon 'ntr, alrernaty nl .d'nn the of lean 'ntr ,n
iv
..
tech^ ies and aHemati ,rater.+ .denignsi alternative
'tin str rat. re types; alter..ar'., nit'.. ntr nr a design, inGluding stealth
11
4917-8682-2559 Q
far."it. denn i SBemative Snole or size;and altemotive Siting nn}inn
(e. g., altemati:e leeate„s within the—seareh ring, GellesatieR
epport rn Te 9F nle Gement rpon ..Item.+.'. Siting Stru St s);
Al A gene ml explanation tplanaon oS o why SnnFr• n'n'rnn nn ltimstennec ndnn
Cher fentem dnh of the to
vm rener e oemoyes i
nnrSrront
r bsest'e A.143. of thiS Ceotien abeye iRGapable of mdUSing arvy
PUFPo.ted oeveFage n to o dem S le..el
e. Project Description. The applicant shall include the following information in the
application form:
1) A written description of the real property parcel where the proposed wireless
facility, wireless transmission device, support structure, and/or accessory
equipment, including parcel size, width, depth, the location of mature trees,
zoning designation and current use;
2) The type of wireless facility and/or the type, number and dimensions of wireless
transmission devices, support structures, and/or accessory equipment proposed;
3) The proposed height of any sed SUPPOFt Su're'r''^ or the wireless
facility includingtotal otal height of agythe facility which shall include camouflage
or stealth design features (i.e. faux branches above the antennas). the height of
the antennas, and the height of and any proposed or existing support structure
upon which any wireless transmission device and/or accessory equipment may
be placed;
4) The specific location within the real property parcel of any proposed wireless
facility and any proposed wireless transmission devices, support structures or
accessory equipment;
5) The proposed location of all above -ground and below -ground wiring and
connection cables;
6) A detailed description of the design, shape, color(s), and material composition
of any support structures, accessory equipment and antennas or other wireless
transmission devices included as part of the proposal;
7) The design and screening treatment selected for the proposal;
8) Whether any proposed support structures or any existing support structure is
structurally suitable and capable of accommodating (i.e., collocating) additional
antennas or other wireless transmission devices as well as accessory equipment;
9) Whether the proposed wireless facility qualifies as an administrative collocation
Ry- defined here"^...r eligible facilities request.
f. Maintenance and Monitoring Plan. The applicant shall include within any completed
application form a description of the anticipated maintenance and monitoring
program for the wireless facility, wireless transmission devices, accessory
equipment, support structures proposed or any landscaping that may be required to
camouflage the wireless facility.
g. Noise and Acoustical Information. An inventory and description of any proposed
noise -generating wireless transmission devices and accessory equipment, including,
but not limited, to air conditioning units and back-up generators. The description
shall set forth noise and acoustical information including anticipated decibel levels
of noise which would be produced.
12
4917-8682-2559 Q
h. Disclosure of Removal Costs. For the purpose of establishing the appropriate amount
of any performance bond or other security required under this chapter for the removal
of any approved wireless facility, wireless transmission device and related support
structures and/or accessory equipment, the applicant shall state the reasonable
estimated cost of removing any approved wireless facility, wireless transmission
device and related support structures and/or accessory equipment. The applicant shall
supplement the application with substantial evidence that corroborates its removal
cost estimate.
L Administrative Collocation: If the applicant contends a proposed collocation
qualifies as an administrative collocation as defined herein, the applicant shall also
include a detailed explanation supported by substantial evidence which demonstrates
compliance with all requirements set forth under Section 65850.6 of the California
Government Code, the existence of all necessary circumstances and conditions set
forth under the same, and substantial evidence showing that the proposed facility will
not "substantially change the physical dimensions" of the existing facility as that
term has been defined and explained by Federal Communications Commission
regulations and orders. To qualify as an administrative collocation, this additional
information must be included at the time an application is submitted and approved.
2. Site Plan. Each applicant shall submit a site
plan drawn to scale which depicts and identifies:
a. The precise location within a real property parcel of all proposed wireless facilities,
wireless transmission devices, support structures and/or accessory equipment;
b. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped
areas, and other significant natural features, walkways, driveways, parking areas,
streets, alleys, easements, and setbacks situated upon the real property parcel where
the wireless facility, wireless transmission device, support structures and/or
accessory equipment will be located, i^nl Jinn fn, n ed adMin...f.ative
�.ed !R* beth thefe. " and "eftee' en.difn c base`! � all n sed
b nrnne ,nnn
iand_
c. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped
areas, and other significant natural features, walkways, driveways, parking areas,
streets, alleys, easements, and setbacks situated upon real property parcels
immediately adjacent to the subject real property parcel.
3. Elevations and Section Drawings.
eashEach applicant shall submit elevations and section drawings of the proposed
wireless facility and/or all proposed wireless transmission devices, support structures, and
accessory equipment. The applicant shall also submit composite elevations from the street
of all buildings, structures and other improvements on-site.
4. I _ ,f-- ^ Plan Along with a _ _ plate.! a nrnnf;en form Landscape Plan.
If applicable or required by the City, the applicant shall submit a landscape, screening
and landscape irrigation plan. Such plan shall identify and describe existing surrounding
landscaping and landscape vegetation (i.e., trees, shrubs and plants); identify and describe
vegetation to be removed; and depict and describe in terms of type, size and location
proposed plantings of new landscape vegetation. Such plan shall demonstrate how the
landscaping and landscape vegetation shall be designed and configured to screen wireless
13
4917-9682-2559 v2
facilities, wireless transmission devices, support structures, and accessory equipment
from public view or better camouflage stealth -designed facilities, devices and equipment.
Such plan shall set forth and describe an irrigation plan for any existing and proposed
landscaping surrounding the proposed facilities, devices and equipment and shall
demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of
vegetation. Such plan shall also set forth a plan for the preservation of existing, un -
removed vegetation during construction and installation phases. The landscape plan shall
also demonstrate the availability of any required irrigation facilities on-site. The
requirement for a landscape, screening and landscape irrigation plan shall not be required
for roof -mounted wireless transmission devices and accessory equipment, except that the
applicant shall still be required to submit a plan demonstrating and depicting any
screening of such equipment pursuant to this chapter.
5. Visual Analysis. Each applicant shall
submit a visual impact analysis including scaled elevation diagrams which:
a. Demonstrates the potential visual impacts of any proposed wireless facility, wireless
transmission device, support structure, or accessory equipment;
b. Includes before and after photo simulations from various locations and/or angles
from which the public would typically view the site and includes a map depicting
where the photos were taken; and
c. Where the installation would be readily visible from the public right-of-way or from
surrounding properties, the application shall include an explanation as to why, if
screening or other techniques to minimize the visibility are not proposed, such
approaches to reduce the visibility of the installation would not be feasible or
effective.
the pi:o np. sed site
6. Justification Report. Along with a completed application form, the applicant shall also
submit a justification report which:
8 h 'h dIe' ORdetail the r nifin a nhieGtiyes which the
r
te add d d'f' I h k eapaG'h ; .se e ct'n signal etre nth; or
iovdivc ale adie fro n.'� ei
h D 'h d d t ..
the t a In at'n and geographic he .. n.dof e
r
ny
4n9L
G. h 'h .d d t the seepe of aRY nrted n in netwGFk GoYeFage
at various IGGations withill 't idpritified geographiG boundaries (e.g., whetheF
.1 wheFe tht .dn to n h 'I.d'n eh'nle
aer � e re - r
e
a. Includes justification maps which identify the applicant's search ring, the location of
alternative sites considered, the location of the proposed site, all existing and
approved wireless facilities and/or wireless transmission devices within a one -mile
radius of the proposed site and collocation opportunities or alternative site structure
opportunities within the search ring;
14
4917-8682-2559 Q
eb. Demonstrates, describes and explains in detail the applicant's good faith efforts to
identify, study, evaluate and consider other less intrusive alternatives, including the
use of less intrusive technologies and equipment; alternative system designs;
alternative siting structure types; alternative siting structure designs, including stealth
designs; alternative scale or size; and alternative siting options (e.g., alternative
locations within the search ring, collocation opportunities or placement upon
alternative siting structures);
fc. Explains how specifically identified circumstances, physical conditions or other
factors render each of the other alternatives identified, studied, evaluated and
considered'
leyelare not viable alternatives;
gd. Explains why and how the proposal for which the applicant seeks approval is the
least intrusive means in terms of feasible technology, system design, aesthetic design,
size, scale and location f^r red"Gine any eeFted GeYeFage e to ' de
infWMor 'Pup'.
7. Propagation and Coverage Reports. Theif applicable, the justification report shall be
accompanied by a radio frequency engineer's propagation and coverage report -and
eerre6pandinn FAaP6 ...hioh identify,
g.. denerihe and deniet the laenae..d
eeeereehie ^Gepe of a PUFPerted g etW rL aeYeFage; and the et-- ..d
ceene of the eoverage p (e.g., whether it extend^ to in_deer i .ehiele andler
This report may be required in the event the applicant is seeking to install a wireless
facility that is higher than the maximum height allowed in the zoning district. Signal
level indicators on maps must show specific power levels on the map in colors easily
distinguishable from the base paper or transparency layer and must be adequately
identifiable by radio frequency (RF) level in dBm and map color or gradient in the map
legend. The applicant shall submit maps depicting existing coverage; the coverage
provided by the pi:epesal ex^I„diR9 a i^ti.,e GGVeFage; and a i^tillo GOverage
proposed installation. The
propagation and coverage report and corresponding maps shall be prepared by a qualified
and duly licensed radio frequency engineer.
8. Narrative Description and Map of Other Facilities.
€erg eaGhEach applicant shall submit a narrative description and map disclosing and
depicting the exact location and type of all existing wireless facilities and wireless
transmission devices, including support structures, and accessory equipment owned
and/or used by the applicant to provide coverage within any portion of the sitjFcity of
Rosemead whether or not such facilities, devices, structures or equipment are located
within the sityCity of Rosemead or outside of the Gity0ty of Rosemead.
9. FCC and CPUC Approvals. Along with a ^^elated 'eau^et•,e., ser.. ee^hEach
applicant shall submit true and correct copies of all valid and applicable licenses, permits
or other approvals required by the FCC or the California Public Utilities Commission
("CPUC") for the use, operation and maintenance, construction and placement of the
wireless facility, wireless transmission device(s), support structure(s), and accessory
equipment for which approval is sought. If no such licenses, permits or other approvals
are required of the applicant by the FCC or the CPUC, the applicant shall explain and
15
4917-8682-2559 v2
declare under penalty of perjury the reason why such licenses, permits or other approvals
are not required.
10. Radio Frequency Emissions and Signal Interference Analysis. Along with a Gemplete
applioation Each applicant shall submit a written analysis prepared by a
qualified and duly licensed radio frequency engineer which:
a. Determines and states the power rating for all wireless transmission devices and
accessory equipment included in the applicant's proposal;
b. Provides a description of the specific services that the applicant proposes to offer or
provide in conjunction with the proposed wireless facility or wireless transmission
device;
c. Verifies that the proposal, including all wireless transmission devices and accessory
equipment conform to the non-ionizing electromagnetic radiation ("NIER")
standards adopted by the FCC;
d. Confirms that the use and operation of all proposed wireless transmission devices
and accessory equipment will not exceed adopted FCC standards, including, but not
limited to, FCC requirements that power densities in inhabited areas not exceed the
FCC's Maximum Permissible Exposure ("MPE") limits for electric and magnetic
field strength and power density for transmitters. Such analysis shall address both
the individual impact of any proposed wireless transmission device and accessory
equipment, as well as their cumulative impact, if collocated upon a single support
structure or alternative siting structure; or if placed upon a real property parcel
already containing a wireless facility, wireless transmission devices, and/or
accessory equipment; or if placed upon a real property parcel immediately adjacent
to another real property parcel containing a wireless facility, wireless transmission
device, and/or accessory equipment;
e. Describes all appropriate operating parameters and maintenance requirements
necessary to comply with all applicable FCC standards, including radio frequency
emissions standards and standards relating to signal interference with consumer
electronic products and/or public safety communications;
f. Confirms that all proposed wireless transmission devices and accessory equipment
shall be operated in a manner that complies with FCC regulations regarding radio
frequency emissions and standards relating to signal interference with consumer
electronic products and/or public safety communications;
g. In addition its technical narrative and discussion of the issues to be addressed, the
analysis shall also include a nontechnical executive summary presented in a concise
and easy-to-read format that clearly explains in a nontechnical manner the current
site conditions, conditions with the proposed wireless facility, wireless transmission
devices and/or accessory equipment included and FCC thresholds as they relate to
all applicable emissions standards.
11. Collocation Agreement. Each application proposing the construction of a new monopole,
lattice tower, or guyed structure shall include a signed statement whereby the applicant
agrees, as a condition to any approval, to permit the collocation upon the support structure
to accommodate additional wireless transmission devices and accessory equipment. The
application shall also include a signed statement whereby the applicant agrees, as a
condition of any approval, to refrain from entering into any exclusive agreement(s) or
16
4917-8682-2559 Q
r
arrangement(s) that would prevent the type of collocation contemplated under this
subsection.
17.54.070 - Approval procedures—=Required findings.
A. Investigation. Following the submission of a completed application form, as well as the
submission of all documents and materials required under Section 17.54.060, the Director of
Community Development$Irester shall undertake a review and evaluation of the applicant's
proposal for the purpose of preparing a written report to the D1a^^0n^ r^nv*iis"°^^ which
evaluates the proposal's compliance with the procedural requirements and standard conditions
of this chapter, as well as its consistency with the goals, standards, and objectives of this
chapter and the Rosemead General Plan. The report will evaluate the applicant's efforts to
identify, study, and consider alternatives and may recommend modifications and/or the
addition of conditions to be attached to the applicant's proposal as a condition of approval.
The report shall also contain a recommendation as to the disposition of the proposal for which
conditinnal usePn rmitWireless Facility Permit approval is sought. If the applicant proposes
and the Director of -Community Dive op ireeto[-determines-that an administrative
cnllncationAdministrative Wireless Facility Permit under this chapter is proper for the
proposal, the application shall be—considered under Section 17.54.090 and not this section.
All other wireless facilities shall require the approval of a Discretionary Wireless Permit
consistent with this section.
B. Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute
the procedure for conducting public hearings on a conditional use nermitwith the Planning
Commission on a Discretionary Wireless Facility Permit for a wireless facility or wireless
transmission devices, and any accessory equipment except as otherwise specifically provided
in this chapter.
C. Findings Necessary for Approval. No conditional use p .rmitWireless Facility Permit shall
be approved unless the Director of Community Development, the Planning Commission, or
the City Manager or City Council in the course of an appeal, makes all of the following
findings supported by substantial evidence; presented by the applicant:
1. The applicant has submitted all applicable information, documentation and materials
required under Section 17.54.060 or any other information necessary to support the
applicant's proposal;
2. The WirPlPs— tFacilitvwireless facility, wireless transmission devices, and any accessory
equipment to be approved satisfies all applicable Federal and State requirements and
standards as to the placement, construction, and design, as well as all Federal and State
limits and standards concerning radio frequency emissions, signal interference with
consumer electronic products and/or public safety communications, and other applicable
operating and design standards;
3. The proposal to be approved complies with all mandatefy requirements and restrictions
of this chapter; all applicable building and construction requirements of Title 15
(Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety
and fire prevention requirements set forth under the Rosemead Municipal Code, County
of Los Angeles Fire Code, and all applicable state fire safety and prevention laws;
4. The applicant has made a good faith effort to identify, study and evaluate less intrusive
alternatives, including the use of less intrusive technologies and equipment; alternative
system designs; alternative siting structure types; alternative siting structure design,
17
4917-8682-2559 v2
including stealth designs; alternative scale or size of proposal; and alternative siting
options (e.g., alternative locations within the search ring, collocation opportunities or
placement upon alternative siting structures);
5. In comparison to other identified, studied, and evaluated alternatives that are equally if
not more capable of addressing the applicant's service objectives, the proposal to be
approved is the most consistent with the standards, goals, and objectives of this chapter
and the Rosemead General Plan;
ntenede d to add Fe ss gaps iRn{..,n Fk n An{anntiF ned nNn"n-.{L.^ shall he
e.Lde Fed alby Gapable of a d.dFe SSin the p"Gan{b sewiGe objectives in
D. Findings Necessary for Denial of Re rWireless SeralGe-Facilities. Notwithstanding any
other findings made in support of the denial of a Gen•di{I^^^l use ^^"^n'Wireless Facility
Permit under this chapter, neither the Director, Planning Commission nor the City Manager
or City Council in the course of an appeal, may deny a Gend { ^ ^I use permiffireless
Facility Permit unless one or more of the following additional findings is made in writing:
1. The applicant has failed to present all of the information, documentation or material
required under Section 17.54.060, above; or
2. Substantial evidence presented a6 paFt of the " nred Falk {n n,*n"rs" then istenGe
seFVFGe ^ w. Feless seWiGe pFe,.Ldn" appl'n n{ OF Ge nl'n n{i
Of
GOverage w+thiR the—appl+GaRt'S overage netwefl(substantial—v,denGe
pfesented-uponthe record fails toestablish that nF all Feasen^"l.ec^^ "'^^nnrnn{m„^�
Gapable nF FedU iRg the GGveFage n to a de minimis leve) the n ^I Fe.
whin" a armed r eRal use permit is seugh{the proposed installation Wireless Facility
Permit is the least intrusive upenmeans to provide service and is consistent with the goals
and standards of this chapter and the Rosemead General Plan; or
43. Substantial evidence presented as part of the record fails to establish that any proposed
wireless facility, wireless transmission device or accessory equipment is capable of
satisfying basic FCC requirements, limits or restrictions concerning radio frequency
emissions or signal interference with consumer electronic products and/or public safety
communications even with modifications and/or added conditions acceptable to the
applicant; or
54. Substantial evidence presented as part of the record fails to establish that any proposed
wireless facility, wireless transmission device, support structure or accessory equipment
is capable of satisfying applicable building, construction, fire safety or fire prevention
standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal
Code, the county of Los Angeles or the state of California even with modifications and/or
added conditions acceptable to the applicant.
5. Substantial evidence demonstrates that the proposed installation is not compatible or
consistent with surrounding infrastructure or vegetation or is otherwise detrimental to the
communist, or aesthetic quality of the City.
18
4917-8682-2559 Q
17.54.080 - Prohibited grounds for denial.
Notwithstanding any other provisions of this section, the denial of a ^^ndatoo�'I a�
permit Wireless Facility Permit may not be based on the environmental effects of radio frequency
emissions for wireless facilities that comply with FCC radio frequency emissions
standards, or other effects arising in whole or in part from those environmental effects.
17.54.090 - Requirements for administrative collocation.
Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Director
of -Community Development, Director, or the City Manager in the course of an appeal, shall
administratively approve as a permitted use any proposed collocation which qualifies as an
administrative collocation in the reasonable judgment of the Director of Community Development
131fe6tn based on the information submitted pursuant to Section 17.54.060 of this chapter.
Included as part of the necessary requirements for an administrative collocation, is the requirement
that the proposed collocation satisfies all modifications or conditions required for collocation with
the corresponding ,.,,re ess; to een.. mum «inns nnunnnlien rn„orti, as defined herein
the FieeessaFy FequiFernents is the the PFOPE)Sed
,.unnnfinn not a ed n,e Federal r,...,munipatien re,,,., issian's u stan.ini ehange„
thePFE)pesed nni�„oA;AGAR site. If the G,..,,munity Development n .eGter „F , ..i d„
that thp "substantial ehange" thi:eshelds are met, !he appliGation shall be PFOGe6sed as a
rnnd•fin ni i ine cer..,it and recer.ed to the oi. Rein,, Ge,, mis n rer findings eensistent
with Section I7.54.070.administrative collocation as defined herein.
17.54.100 -Applicant's evidentiary burden. — Eligible Facilities
19
4917-8682-2559 v2
■
structural enhancements that do
not result in a
■
be governed
by
definitions and provisions of Chapter 12.54
"Wireless Telecommunications
Facilities in
the
Public Right -of -Way". However. an Eligible
Facilities Requests on private property
._
be
subiect to an Administrative Wireless Facilitv
Permit and related review and approval process
For installations on private property that relate to collocations, removal or replacement of
transition equipment or hardening through
structural enhancements that do
not result in a
substantial change and that qualifv as an eligible facilities requests, shall
be governed
by
definitions and provisions of Chapter 12.54
"Wireless Telecommunications
Facilities in
the
Public Right -of -Way". However. an Eligible
Facilities Requests on private property
shall
be
subiect to an Administrative Wireless Facilitv
Permit and related review and approval process
contained in this chapter
17.54.110 - Appeal—Conditional UseDiscretionary Wireless Facility-Rermits.
1fUnless otherwise stated this chapter, it an applicant, or any interested partyTs3issatisfied with
any denial, approval or conditioned approval of a conditional _use perm itDiscretionaty Wireless
Facility Permit under this chapter, the applicant or interested party may appeal the matter to the
City Council by filing an appeal in accordance with the procedures established in Section
17.160.050 of this title. In reviewing the matter on appeal, the City Council shall be required to
make the same findings for any denial or approval as would otherwise be required of the Planning
Commission.
17.54.120 - Appeal—Administrative Collocation. Wireless Permits.
If an applicant contends that a request for an admanictrat y-- o ttionAdministrative Wireless
Permit was denied er referred to the Planning Commission by the Director of Community
Development Director in error, the applicant may appeal the matter to the City Manager by filing
an appeal with the City Clerk. Such appeal must be filed within ten (10) calendar days following
the Director af-Community Development irectaLissuance of notice that a requested collocation
fails to qualify as an administrative collocation Administrative Wireless Permit or fails to
satisfy any other applicable requirements for approval under this chapter. In reviewing the
matter on appeal, the City Manager shall be required to make the same determinations as would
otherwise be required of the Director oL-Community Development- Director. The decision
of the City Manager shall be final.
B1.5#AclftioCke'1'iw;Dlatnmb*mrri6sy ess facilities, wireless transmission devices, support
structures and accessory equipment shall be subject to the following approval requirements,
parameters and preferences:
20
4917-8682-2559 Q
1. In order to minimize the unnecessary proliferation of wireless facilities, wireless
transmission devices, and related support structures and accessory equipment and in order
to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight,
each applicant in identifying, studying and evaluating alternative placement and siting
options and the Planning COMMiSS&OR OF Gity GOUAG4approving body in evaluating an
applicant's proposal against other identified alternatives capable of addressing applicant's
service objectives shall undertake such evaluations subject to the following order of
preference starting with the most preferred:
a. Proposals in which a wireless f., n d'^•^^^ andalntp-' aGGesseFy
equipment arefacility is collocated upon an already existing monopole-supported
wireless facility which qualifies as a stealth facility as defined herein and which is
capable of accommodating added devices and equipment.
b. Proposals in which awireless facility GNA.firalesis •ransmisl 1^^ a^•^^^ and related
aGGe669Fy equipmentand support structures are integrated, camouflaged and
concealed within the decorative design features of a building such as the steeple of a
church building, parapets, faux chimneys or other similar design teatw efeatures.
c. Proposals in which a wireless facility^^•^•^lesstF^^S^•O^^w^^d'^•O^^^^a•^'^tpd
and support structures are mounted and screened upon the
roof of a multi-story industrial or commercial building capable of safely
accommodating such facilities, devices, equipment and structures.
d. Proposals in which an individual wireless #ansmiss `^^ deyi^^ and ralated
aGGesseFy ^^'facili is affixed or mounted upon an existing utility pole,
lighting pole, light standard or other similar alternative siting structure.
e. Proposals contemplating the construction of a new monopole structure, with
preference given to proposals which qualify as stealth facilities.
f Proposals involving the construction of new lattice towers or guyed structures.
Where this option is proposed, the applicant shall identify, study, evaluate and pursue
designs which camouflage such structures in a manner that promotes aesthetic
consistency and harmony with surrounding structures.
g. Proposal in which a wireless tFaRs issi^n a^•^^^ and •^I^'^a
e ipmapt-arefacili is mounted on the facade of a building, water tower, or other
like structure in a manner that does not camouflage, integrate and conceal such
devices and equipment within the decorative design features of the building or
structure.
2. Wireless facilities, wireless transmission devices, support structures and accessory
equipment are permitted, subiect to the requirements of this chapter in the following
locations:
a. Real property exclusively owned by the sityCity of Rosemead, a School District as
defined herein in fee simple, or by a public utility; or
b. Property in any zone in Title 17 which includes Telecommunication
Facilities/Wireless Telecommunication Facilities as a permitted use.
c. Notwithstanding the foregoing or Section 17.54.259260, any wireless facilities,
wireless transmission devices, support structures or accessory equipment existing as
of the effective date of this Code [^•a. A1^. oo"Chapter, as maybe amended from
time to time, shall not be deemed to be nonconforming for purposes of collocation.
21
4917-8682-2559 Q
3. Except as otherwise authorized under Section 17.54.130A.2.a., any proposal for the
construction of a new wireless facility which includes the construction of a support
structure shall provide that the new wireless facility be spaced a minimum of one
thousand (1,000) feet from any existing wireless facility support structure.
Notwithstanding the foregoing, a wireless facility shall be permitted if required by
Federal or State law.
4. The location of wireless facilities, wireless transmission devices, support structures
and/or accessory equipment shall be restricted to developed real property parcels or
proposed as part of a larger development project.
5. The Director of Community Development, Planning Commission, or the City Manager
or City Council in the course of an appeal, may authorize the location of personal wireless
facilities as defined herein at locations otherwise prohibited under Subsections A.I.
through A.4. of this section, above, but only upona fin�dinofindings supported by
substantial evidence presented as part of the record which establishes that:
a. The applicant has a significant gap in its network coverage; and
b. The placement of wireless facilities, wireless transmission devices, and related
support structures and accessory equipment at a location otherwise prohibited under
subsections A.1. through A.4. of this section, above, is the only means by which the
significant gap in network coverage can be reduced to a de minimis level. Wireless
facilities, wireless transmission devices, and related support structures and
accessory equipment which satisfy the exception to the general siting prohibitions
set forth under subsections A.1. through A.4. of this section, above, must still satisfy
all other applicable conditions and findings necessary for ^aRatieRal
oermitWireless Facility Permit approval.
6. -As- between Between- ocsihle or competing location proposals, the -Director of
Community Development^,°r�—tor and the Planning Commission shall encourage
proposals that contemplate collocation subject to requirements of this chapter.
B. Height. The height of any freestanding wireless facility shall not exceed the height limits of
the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum
functional height technologically required to address the wireless service providers' service
objectives. All wireless facilities, wireless transmission devices, support structures and
accessory equipment shall also be subject to the following restrictions as applicable:
1. Ground -Mounted Facilities. Notwithstanding any other provision of this subsection B. to
the contrary, the maximum height of monopoles may not exceed the lesser of the
following: sixty (60) feet or the height limit of the applicable underlying or overlay zone;
2. Roof -Mounted Facilities. Roof -mounted wireless facilities or wireless transmission
devices, including support structures and accessory equipment shall not project out more
than ten (10) feet above the roofline and shall be set back from the roof edge by a ratio of
one foot for each foot of projection above the roofline. A facility shall be exempt from
the foregoing requirement if it is mounted within an existing enclosed roof structure or
an architectural feature, such as a parapet wall or similarly designed features so as to
integrate and camouflage the wireless facility, wireless transmission device and related
support structures and accessory equipment within the structure or building.
3. Accessory and Support Structures. All wireless facilities, wireless transmission devices,
support structures, and accessory equipment shall comply with accessory height
requirements for the particular zoning district in which they are located.
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4917-8682-2559 Q
C. Ground-Mounted Facilities - Setback Requirements and Guidelines. Ground-mounted
wireless facilities or wireless transmission devices shall comply with the following
requirements and guidelines:
1. Front: Such facilities shall not be permitted in a required front yard setback of any
property located in any type of zone within the sityC of Rosemead, unless otherwise
authorized under the terms of a eanditional use p 'Wireless Facility Permit;
2. Side: Such facilities shall not be permitted within a required side yard setback;
3. Rear: Such facilities may be located in the rear yard setback of a property at a location
that is out of view from the public right-of-way;
4. Accessory/Support Structures: All such facilities and related support structures shall
comply with required setback requirements applicable to the zoning district in which they
are located, including variable height requirements in Section 17.08.050 where
applicable;
5. No wireless facility, wireless transmission device or related support structures, and
accessory equipment shall extend beyond the property lines.. or be within the required
setback area.
D. Screening. The following screening requirements shall apply to all wireless facilities, wireless
transmission devices and related support structures, and accessory equipment:
1. The proposed wireless facility, wireless transmission device, and related support
structures, and accessory equipment shall be screened or camouflaged by existing or
proposed new topography, vegetation, buildings, or other structures; provided that any
such screening or camouflaging measures shall be aesthetically appropriate for and
compatible with the existing site and the surrounding area. Wireless facilities, wireless
transmission devices, and related support structures, and accessory equipment that are not
screened or architecturally integrated on an existing building or structure shall be
prohibited.
2. All screening used in connection with wireless facilities, wireless transmission devices
and related support, structures, and accessory equipment which are building-mounted
shall be aesthetically compatible with the architecture, architectural theme, color, texture,
and materials of the building or other structure to which it is mounted.
3. All fencing shall be designed to resist graffiti or other vandalism and to facilitate the fast
and effective removal of graffiti or repair of any vandalism.
4. The use or incorporation of chain-link fencing, razor-wire, or sharp points in the screening
design of a wireless facility or related support structures is prohibited.
5. The approving body (i.e. Planning Commission; or Director or the City Manager or City
Council in the course of an appeal;, may waive screening requirements where it
determines that such measures are not necessary or aesthetically appropriate given the
nature of the proposal.
E. Accessory Equipment:
1. Any and all accessory equipment shall be located within a building, an enclosure, or
underground vault in a manner that complies with the development standards of the
zoning district in which the equipment is located.
2. If located above ground, accessory equipment shall be screened, camouflaged and/or
concealed in a manner that is aesthetically and visually compatible with the architecture
and design of surrounding buildings, structures and landscaping and in a manner that
23
4917-8682-2559 Q
hides such equipment from public view or otherwise camouflages and conceals its
presence. �Ting
�����
3. If accessory equipment is located outdoors and is in public view, the pl'^
Gemmissienannrovine body, where it deems appropriate, may require the applicant to
provide a solid masonry block wall, or such other aesthetically compatible material
acceptable to the Director of Community Development-DiFeGtGF that will screen such
equipment from view.
F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other
than certification, warning, or other required seals or signage. Nothing in this subsection shall
prohibit the Planning Commission, aF the Gity Council in the oeuFse of an appeWtke
City from approving a stealth facility which is camouflaged and disguised as a freestanding
sign.
G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety
measure by Federal Aviation Administration (FAA), or other government agencies with
superseding jurisdiction over lighting issues. If lighting is required, the fias44eslighting shall
be designed to minimize glare and light overflow onto neighboring properties.
17.54.140 - Design standards.
The design of wireless facilities, wireless transmission devices and related support structures and
accessory equipment shall be subject to the following design standards:
A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest
extent feasible considering technological requirements, placement, screening,
camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth
design. If no stealth technology or stealth design is proposed, the applicant shall provide
a detailed written analysis identifying those factors and conditions which make the use of
stealth technologies and/or stealth designs infeasible, and explaining why such
technologies or designs are infeasible. In addition, camouflage techniques including the
use of Iandscaoine or other elements to obscure, conceal or minimize the appearance of
the wireless facility shall be utilized as appropriate.
B. All proposals shall use the shortest, smallest, least visible wireless transmission devices,
support structures, and accessory equipment necessary to accomplish the applicant's
service objectives.
C. All exterior finishes shall be comprised of non -reflective, glare -reducing materials, and
shall be painted, screened, or camouflaged to blend aesthetically with the materials and
colors of surrounding buildings or structures. Colors chosen shall minimize visibility and
match or blend with the primary background.
D. All proposed tne„ee^'es-shall be a- nd shape, S'iFn OF tapeFed n design
andwireless facilities shall be of a kind that will permit collocation by other wireless
service providers.
E. Proposals shall minimize and be resistant to opportunities for unauthorized access,
climbing, vandalism, graffiti, and other activities, which would result in hazardous
conditions, visual blight, or an attractive nuisance.
F. Wireless transmission devices and related accessory equipment mounted on structures
shall be designed as an integral part of the structure and located to minimize visual impact
on surrounding properties and rights-of-way.
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4917-8682-2559 V2
17.54.150 - Noise.
All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed
and operated in such a manner as to minimize the amount of noise impacts to residents of nearby
residential properties, the users of recreational areas such as public parks and public open spaces,
or the occupants of hospitals and schools. If a •• r^'e^^ fe^irt.. wiFelesss 1 ansmiWen devi^e
.tier ..GGesseFy equipment i le....te.d ..414,4.. hye huR dyed (200) feel of a of the
fGFcgeing hmeo .f ^ r^^er1'es OF •ccc nnice attenn^fen m �c•ecch^II he to
feduGe nemse levels to a level of fifty (50) .dQA measured at the nrenerhi line. In addition,
all wireless facilities shall comply with the noise regulations at Chapter 8.36 of the Rosemead
Municipal Code. Back-up generators shall only be operated during power outages and for testing
and maintenance purposes. Testing of such equipment shall not be conducted on weekends or
holidays, or between the hours of ten p.m. and seven a.m.
17.54.160 - RF and other emissions requirements.
A. No individual wireless facility, wireless transmission device, or accessory equipment shall
generate at any time electromagnetic frequency radiation or radio frequency radiation in
excess of the FCC adopted standards for human exposure, including, but not limited to, the
FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength
and power density for transmitters. The foregoing shall also apply to any combination of
wireless facilities located on the same real property parcel or any combination of wireless
transmission devices and accessory equipment that are collocated or otherwise located upon
the same real property parcel.
B. All wireless facilities, wireless transmission devices, and accessory equipment shall comply
with all rules, regulations and standards, including compliance with non -ionizing
electromagnetic radiation (NEER) standards, set by the FCC and/or any other agency of the
federal government with the authority to regulate such facilities. If such rules, standards and/or
regulations are changed, the recipient(s)/holder(s) of a ^^^aiWnal use peFFRit ^
adFnOnwstFat'V8 GO -1 lana -fie n Wireless Facility Permit approval issued pursuant to this chapter
shall be jointly responsible for bringing such facilities, devices and equipment into compliance
with such revised rules, standards and/or regulations within six months of the effective date
of such rule, standard and/or regulation, unless a more stringent compliance schedule is
mandated by the controlling agency.
C. If any wireless facility, wireless transmission device or accessory equipment is found to be
operating in such a manner as to be hazardous to the health and safety of persons working or
residing near such facilities, devices or equipment, the owner(s) and operator(s) of the
hazardous facility, device or equipment jointly with the owner of the real property parcel
where it is located shall be responsible for correcting the hazardous condition. In no case shall
a wireless facility, wireless transmission device, or accessory equipment remain in operation
if it is found to create an imminent risk of danger to human life or property. The foregoing
notwithstanding, no wireless facility, wireless transmission device, or accessory equipment
that is found to be in compliance with all current EMF or RF emissions standards established
by the FCC or any other federal agency with jurisdiction over the matter shall be deemed
hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation.
D. For the protection of emergency response personnel, all wireless facilities, wireless
transmission devices, and accessory equipment shall have a main breaker switch or other
similar means of disconnecting electrical power at the site. For collocation sites, a single main
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4917-8682-2559 Q
switch shall be installed to disconnect electrical power for all carriers at the site in the event
of an emergency.
E. Wireless facilities, wireless transmission devices, and accessory equipment shall not be
operated in any manner that would cause interference with public safety communication
systems or consumer electronics products.
F. To ensure all new or modified wireless facilities, wireless transmission devices, and related
accessory equipment comply with FCC radio frequency radiation exposure standards before
regular operations commence, the applicant shall conduct a post -construction or post -
modification NIER/radio frequency radiation exposure test. Compliance with FCC standards
shall be demonstrated by a written certification signed under penalty of perjury by a qualified
and duly licensed radio frequency engineer. A final building permit clearance will not be
issued until the wireless facility, wireless transmission device, and accessory equipment are
certified to be in compliance with FCC operating and emissions standards. The
recipient(s)/holder(s) of any approval given under this chapter shall have sixty (60) calendar
days to bring the non-compliant wireless facility, wireless transmission device, and accessory
equipment into compliance. If such facilities, devices or equipment cannot be brought into
compliance within sixty (60) calendar days from the completion of construction or completion
of modification, such failure shall constitute grounds for the revocation of a sead4ienal - se
^ ^ it ^ administrative ^^On^^`'^^Wireless Facility Permit approval.
G. To verify ongoing compliance with FCC operating and emissions standards, the
recipient(s)/holders(s) of a Wireless
Facility Permit approval shall submit updated monitoring information certifying ongoing
compliance with FCC operating and emissions standards. Such updated monitoring
information shall be submitted on an annual basis within thirty (30) calendar days from
anniversary date of approval and shall be prepared by a qualified and duly licensed radio
frequency engineer. If such information is not timely provided, the Gendi`i^^^' 61^^ ^^^^ `
Wireless Facility Permit authorization may be revoked. If at
any time the facility proves to be in noncompliance with FCC operating and emissions
standards, the noncompliant wireless facility, wireless transmission device or accessory
equipment shall cease all operating. The recipient(s)/holder(s) of the
e -F ad-M.Onk-itmative Pe "enation Wireless Facility Permit approval shall have sixty (60) calendar
days from the date of such disclosure to the City to bring the noncompliant facility, device or
equipment into compliance. If the facility, device or equipment remains noncompliant on the
sixty-first day the City may revoke the ^^^^'i`i^^^' use peFFnit 9F admi^ic`r^`^•^
seNesationWireless Facility Permit approval for the noncompliant facility, device or
equipment.
H. Any violation of this sesiieaChapter is hereby deemed a public nuisance and shall constitute
grounds for revocation of any permits and/or approvals granted under this chapter. Such
violations shall also constitute grounds for abatement and removal of noncompliant facilities,
devices and/or equipment by the City at the property owner's expense.
17.54.170 — Performance and Removal bond.
As a condition of approval for any ^^^r'O`l^^^' ^ ^ ^ OF any administrative
eeNeoatkmWireless Facility Permit under this chapter, the applicant shall be required to procure
a performance bond in an amount equal to the reasonably estimated cost associated with removing
the wireless facility, wireless transmission device, and all corresponding support structures and
26
4917-8682-2559 v2
accessory equipment covered under a selldit;GRal use peFm4 or administrative
seAesat4RWireless Facility Permit authorization.
17.54.180 - FAA Compliance.
All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in
compliance with all such restrictions as a condition of approval. All permittees shall provide the
Director of Community Development4)ir, s_ with proof of such compliance upon request.
17.54.190 - Maintenance and security.
A. Trash and Debris. All wireless facilities, wireless transmission devices, support structures,
alternative siting structures, and accessory equipment within the ettyCit of Rosemead shall
be maintained in good repair and kept free from trash, litter, refuse and debris.
B. Graffiti, Vandalism and Damage. All wireless facilities, wireless transmission devices,
support structures, ^'femati 'e 6iting "f' ^f"'es and accessory equipment shall be kept free
from graffiti and other forms of vandalism and any damage to the same, regardless of the
cause, shall be repaired as soon as reasonably possible so as to minimize occurrences of
dangerous conditions or visual blight. All graffiti shall be removed from the premises within
twenty-four (24) hours of discovery or within twenty-four (24) hours of any written notice
issued by the siKity of Rosemead. If the affected surface is a painted surface, graffiti shall
be removed by painting over the evidence of such vandalism with paint which has been color -
matched to the surface to which it is applied. Otherwise, graffiti shall be removed through the
use of solvents or detergents. C thio ehapte. the fest. "graf t... ref
' '^^�6 ....o.f
ethepmmse affixed f.. OF on any ..F.. a by any Fnear+&.
C. Landscaping. Any GGnd4lenai U6e peffnit appFevai eF administrative nellenation Wireless
Facility Permit approval which incorporates or otherwise includes the planting, installation,
and maintenance of new landscape improvements and/or the preservation and maintenance of
existing landscape improvements, whether or not used as screening, shall be maintained in
good condition at all times. Damaged, dead, diseased, or decayed trees, shrubs, and other
vegetation as well as damaged or inoperable irrigation equipment shall be replaced promptly,
but in no event later than thirty (30) calendar days from the date such deficiencies are detected
or the date City issues notice of such deficiencies, whichever occurs first. If a landscape plan
was required and approved, the site shall be maintained in accordance with the approved
landscape plan at all times. Amendments or modifications to such plan shall be submitted for
approval to the Director of Community Development$ireetef.
D. Maintenance of Certain Stealth Facilities. Stealth facilities designed to appear as flagpoles
must have a flag flown upon the structure and such flag must be properly maintained at all
times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a
new flag. Light fixtures included as part of stealth facilities designed to appear as light
standard or other lighting structures shall be operable at all times. Damaged, defective or
bumed-out light fixtures shall be replaced promptly.
E. Contact Information. A permanent, weather-proof identification sign must be placed on the
gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and
conspicuous location approved by the Director of Community Development-B°.eeter. The
sign must state the name, address, phone number of the owner of the real property parcel
27
4917-8682-2559 Q
where the subject wireless facility, wireless transmission device, support structure, alternative
siting structure, or accessory equipment is located, the wireless service provider using the
equipment, and the owner of the equipment, if different from owner of the real property parcel
or the wireless service provider. Fax numbers and e-mail contact number shall also be
included, if available. If the owner of the real property parcel where the subject wireless
facility, wireless transmission device, support structure, alternative siting structure, or
accessory equipment is located has no other contact information, other than a residential
telephone number or residential address, the Gty may maintain such
information as part of the records of the sityCityt of Rosemead in lieu of appearing on any
signage.
17.54.200 - Maintenance responsibility.
The compliance with the maintenance obligations set forth under this section shall be a joint and
severable obligation of the following parties:
A. The owner of a wireless facility, wireless transmission device, support structure, alternative
siting structure, and accessory equipment and the user(s)/operator(s) of the same if different
from the owner; and
B. The owner of the real property parcel where a wireless facility, wireless transmission device,
support structure, alternative siting structure, and accessory equipment are located.
17.54.210 - Abandonment or discontinuance of use; removal of facilities.
A. Notice to City. A wireless service provider or permittee shall provide written notice by
certified U.S. mail to the Director of Community Development DirectnL and the
Building Official in the event the wireless service provider intends to terminate or otherwise
abandon its use of a wireless facility or individual wireless transmission device, or the wireless
service provider is required to discontinue its use of a wireless facility or individual wireless
transmission device. Such notice shall be mailed not less than thirty (30) calendar days prior
to the contemplated or anticipated cessation of use; shall state the contemplated or anticipated
date upon which the use will end; and shall state the date upon which the wireless facility or
individual wireless transmission device shall be completely dismantled and physically
removed from the real property parcel where it is sited or located.
B. Dismantling and Removal of Equipment. With respect to the contemplated abandonment,
termination or discontinuance of use of an entire wireless facility, the dismantling and physical
removal shall include the dismantling and physical removal of all wireless transmission
devices, all support structures and all accessory equipment from the real property parcel where
such items were sited. With respect to the contemplated abandonment, termination, or
discontinuance of use of an individual wireless transmission device, the dismantling and
physical removal shall include the dismantling and physical removal of the wireless
transmission device and all corresponding support structures and/or accessory equipment that
do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire
wireless facility also entails and includes the restoration of the site to its original condition
prior to the installation of the wireless facility, excluding any landscape improvements.
C. Failure to Timely Dismantle or Remove. If the dismantling and physical removal of a wireless
facility or wireless transmission device in the manner contemplated under subsection B. of
this section, above, is not completed by the date indicated in the notice referenced under
subsection A. of this section, above, the Building Official shall issue notice to the
28
4917-8682-2559 v2
wireless service provider and the owner of the real property parcel that the wireless facility or
wireless transmission device must be completely dismantled and removed within sixty (60)
calendar days from the dismantling and removal date originally noticed by the wireless
service provider pursuant to subsection A. of this section.
D. Constructive Abandonment of Facilities. A wireless facility or individual wireless
transmission device that remains inoperative or unused for a period in excess of one hundred
eighty (180) calendar days shall be deemed abandoned for purposes of this section. The
foregoing shall apply notwithstanding any assignment of ownership or lease rights as
contemplated under Section 17.54.220, below. After one hundred eighty (180) calendar days
of inoperability or nonuse, the Building Official shall issue notice to the wireless service
provider and the owner of the real property parcel that the wireless facility or wireless
transmission device must be completely dismantled and removed within sixty (60) calendar
days.
E. Responsibility for Dismantling and Removal. The dismantling and physical removal of
wireless facilities, wireless transmission devices, support structures, and/or accessory
equipment shall be the joint and several responsibility of the wireless service provider and the
owner of the real property parcel upon which the wireless facility or wireless transmission
device is sited.
F. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission
device is not dismantled and physically removed within any time period required under this
section, the same shall be deemed a public nuisance and any unexpired permit or authorization
to use, operate and/or maintain the wireless facility or the wireless transmission device may
be revoked in accordance with Section 17.54.230 of this chapter.
G. Performance and Removal Bond — If the abandoned, inoperative or unused wireless facility is
not removed in the time periods provided for in this section, the City of Rosemead may act on
the bond submitted to cover all costs incurred for the removal of the wireless facility.
17.54.220 - Transfer of operation.
Any wireless service provider who owns or leases a wireless facility or who leases space for the
placement of an individual wireless transmission device upon a support structure or alternative
siting structure may assign its ownership or lease rights to another wireless service provider
licensed by the FCC provided that any such assignment be conditioned upon the following:
A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the
Director ofCommunity Development Director and the Building Official;
B. The forwarding of the official name and contact information of the prospective assignee; and
C. The assignee's written acknowledgement and assumption of all duties, requirements,
restrictions and responsibilities applicable to the use, operation and maintenance of the subject
wireless facility or subject wireless transmission device as provided under this chapter or-atvy
rnnditional use permit or otherWireless Facility Permit, or any approval issued under this
chapter.
17.54.230 - Revocation.
A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a
^nditi^^^l use ^^•^ii1 ^• nth^'any Wireless Facility Permit approval issued pursuant to this
chapter. Upon akin a .dete ff ina-fien. that the pe ...i1 should be .^ oked the a^^1ai^^
29
4917-8682-2559 v2
a ne of the Resemead Munivipal rndp Grounds for revocation include the Cnding
thatfollowing findings:
1. The wireless service provider or property owner has abandoned or otherwise ceased its
use of the wireless facility or an individual wireless transmission device; or
2. The wireless service provider or property owner has failed to bring the wireless facility,
an individual wireless transmission device, support structure or accessory equipment into
compliance with the conditions of approval, or the requirements of this chapter, within
any time period provided for in this chapter or within any other extended time period set
forth by the Director oL-Community Development Director or the Building
Official; or
3. The wireless facility, wireless transmission device, or accessory equipment no longer
complies with applicable health and safety regulations promulgated by the FCC or the
Federal Aviation Administration and the recipient(s)/holder(s) of a conditional use
permit or administrative collocatinnWireless Facility Permit approval have failed to
timely bring such facilities, devices and equipment into compliance.
17.54.240 - Wireless facilities In the n„hl:e Fight ofway- Over -The -Air -Reception Devices.
n Septinn 7901 of the rarfa.nia o„hlin Iltaitiec redo renfers upen telephene
GGFPG..tions as defined he -Fein the Fight tee stFust telephene lil;86 and o nt
nalang and upeR aRy publiG Fead or highwaV'•
n sunh rnanneF and Rt SUGh points as
net to i edeth Uc-;Pnfthe M highway.” Publis Utilities Cede
Seetie :7904.4 authe-Fizes a FnuniGipality to "exeFGIRP reasonable pt.al" . the
time plane and m ehih ..nMads e
s and highways a ed In 2006 the
State I e 'slaklFe adopted the digital Inf.aatn,etn.e and Video Competition Aet of
2906 (the "rcW),-Yhri' oh established nzristate f.anohrivripa ayotem fm.=vi'dee ocnv''i
ovPFG
..ides that 06 adm'niste.ed by the P„hlie I ItiGties Gemmissien The Act added
Qeefnn UAR to the D.-hlie I Iti Gties Code ,..high . s leeal entities sl„dinn eities
to aIle state .iden f.a shire held e. to install, Gen6Nn n1 and Fnaintaaina "neh., .L"
within PUbliG 0ght6 ef way undeF the same time, plare, and manneF PF9Vi6i9n6 that
B—A. Intent of Regulations. In conformance with FCC regulations an OTARD may be erected at
heights and dimensions sufficient to accommodate service. The provisions of this section are
designed to allow such accommodation.
B. Antennas Permitted without a Discretionary Permit. The following OTARDs are permitted as
accessory uses in all districts without approval of a discretionary permit:
I. Enclosed Antennas. Antennas completely enclosed within a building.
2. Single -Wire Antennas. An antenna consisting of a single wire not exceeding one-fourth
inch in diameter. Such wire antennas may be located in setback areas provided the
antenna does not extend above the maximum building height in the district.
3. Vertical Antennas. A single ground -mounted vertical pole or whip antenna not exceeding
42 feet in height, measured from finish grade at the base of the antenna, and not located
in any required setback area. Support structures or masts for pole or whip antennas shall
conform to standards set out in the California Building Standards Code. A building permit
may be required for the support structure or mast.
30
4917-8682-2559 v2
C. Antennas Requiring an OTARD Permit. Antennas which do not meet the criteria listed in
subsection (B) of this section may be permitted as accessory uses in all districts if an OTARD
permit is approved. The following factors and findings shall be considered in the review of
such use permits:
1. Factors to Be Considered. The decision-making authoritv shall consider the following
factors in reviewing Wireless Facility Permit applications:
a. The Federal Communications Commission (FCC) rules that prohibit restrictions that
impair the installation, maintenance or use of an OTARD which unreasonably delays
or prevents installation, maintenance, or use, unreasonably increases the cost of
installation, maintenance, or use; or precludes reception or transmission of an
acceptable quality signal.
b. The proposed height and design of the OTARD, and the technological necessity of that
height and design of the antenna.
c. The proximity of the proposed OTARD to inhabited buildings and the nature of
existing uses on nearby properties.
d. The design of the proposed antenna, with particular reference to design features that
may reduce visual impacts, particularly in residential zones.
2. Required Findings. Applications for OTARDS shall be reviewed in accordance with
section 17.54.070. The followingfindings indings shall be made by the decision-making authority
in conjunction with approval of a use permit for the antenna:
a. Consistency with General Plan. The antenna is consistent with theeg neral plan and
any applicable specific plan.
b. Consistency with Zoning Code. The antenna conforms to the permitted use provisions
and development standards of this zoning code and is consistent with the Rosemead
Municipal Code and any_applicable specific plan.
c. Compliance with CEQA. Processing and approval of the permit anglication are in
compliance with the requirements of the California Environmental Quality Act.
d. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
e. Technological Necessity. The height, design- and configuration of the proposed
antenna is technologically necessary to engage in amateur radio communications of
the nature contemplated.
f Constraints of the Site. Top�ranhic or other constraints limit the feasibility of
engaging in amateur radio communications with antennas permitted under subsection
(B) of this section.
g. Reasonable Accommodation. The installation of the antenna is necessary to
reasonably accommodate amateur radio communications.
h. Mitigation of impacts. The placement and design of the antenna minimizes potential
visual impacts on surrounding property owners to the extent feasible while reasonably
accommodating amateur radio communications.
17.54.250 - Wireless facilities in the public right-of-way.
The City Council finds and determines that it is necessary, desirable, and in the public interest to
impose the City's time, place and manner requirements, as authorized by Public Utilities Code
Section 7901.1, upon telephone corporations and upon state video franchise holders thraugh
31
4917-8682-2559 v2
the eRGFeaGti f r r 'tFesess and n ed es that ^ e^ified in Title 19 of the
Rosemead M 'pal Code. Fnfnrsement of the City's time, plase ^^d MaMeF
FeLdFement 'i d in Title 12 i^ the sibiGh. of the C ntendent of Streets
-1 r +
OF de6i ,^ee—, regulated at Title 12, Chapter 12.54.
17.54.59260 - Nonconforming facilities.
A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support
structure, alternative siting structure and accessory equipment placed, affixed, mounted,
constructed, developed, erected or installed prior to the effective date of the ordinance codified
in this chapter, as may be amended from time to time, or for which an application for a use
permit is deemed complete prior to the effective date of the ordinance codified in this chapter,
in compliance with all applicable laws and which does not conform to the requirements of this
chapter shall be accepted and allowed as a legal nonconforming use. Such legal
nonconforming uses shall comply at all times with the laws, ordinances and regulations in
effect at the time the application was deemed complete, and any applicable Federal or State
laws as they may be amended or enacted from time to time, and shall at all times comply with
the conditions of approval.
B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device,
support structure, alternative siting structure and accessory equipment placed, affixed,
mounted, constructed, developed, erected or installed prior to the effective date of the
ordinance codified in this chapter in violation of applicable laws, ordinances or regulations
shall be considered an illegal nonconforming use and shall be subject to abatement as a public
nuisance.
17.54.259270 - Fees.
By resolution, the City Council may establish, and from time to time adjust, fees to recover the
reasonable estimated cost of processing and reviewing applications for the approval of eanditienal
use -permits issued pursuant to this chapter. The fee for processing and reviewing applications for
admini` atiye ,.nun^^ti^^ neFrnit^an Administrative Wireless Facility Permit shall be the same
as for site planr---,-,;ewan Entitlement Plan Check Modification Fee (Ministerial) as established
by the City Council. The fee for the Discretionary Wireless Facility Permits shall be the same as
for a Conditional Use Permit as established by the City Council.
17.54.280 - Federal or State law.
The implementation of this chapter and decisions on applications for placement of wireless
facilities shall at a minimum ensure that the requirements of this chapter are satisfied, unless it is
determined that the applicant has established that denial of an application would, within the
meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services,
or otherwise violate applicable laws or regulations. If that determination is made, the requirements
of this chapter may be waived but only to the minimum extent required to avoid the prohibition
17.54.290—
Municipal
7.54.290—
Municipal Code the City at its discretion initiate a nuisance abatement action pursuant to Chapter
8.44 of the Rosemead Municipal Code.
32
4917-8682-2559 Q
B Violation of this chapter is a misdemeanor and is punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment in the county iail for a period of not more than
six months or by both such fine and imprisonment. Each day during any portion of which any
violation of any provision of this chapter is committed, continued or permitted, constitutes a
stearate offense. The provisions of this chapter will not limit any other remedies authorized by
law.
33
4917-8682-2559 v2
SECTION 4. Code Amendment. RMC & 17.20.020 is amended to read as follows:
17.20.020 - Commercial and industrial land uses and permit requirements.
Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land
allowed in each such zoning district, and the land use permit required, if any. to establish each
addition to those shown in the table.
Table 17.20.020.1
USES IN COMMERCIAL AND INDUSTRUL DISTRICTS
Land Use
Requirements by District
Specific Use
Regulations
CI -MU I M-1
Transportation, Communications. and Infrastructure Uses:
Automobile Parking
CUP
CUP
Facilities as principal
use (subterranean and
structures
Heliports and
Helisto s
A/CUP
A/CUP
Telecommunications
P
P
facilities (not
including Wireless
Telecommunication
facilities
Utilities
P
P
Wireless
Telecommunication
—_
See Article
3, Chapter 17.54
See Article
3, Chapter 17.54
Facilities
Special Needs Uses limited
to only the following:
Emergency Shelters
—
P
See Article
3 Cha ter 17.30
SECTION 5: Code Amendment. RMC & 17.21.020 is amended to read as follows:
17.21.020 - Garvey Avenue Specific Plan Land Uses and Permit Requirements.
Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed
in each such zoning district, and identifies the land use permits required, if any, to establish each
use subject to section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use
34
4917-8682-2559 Q
Regulations) includes a section reference number, the regulations in the referenced section apply
to the use in addition to those shown in Table 17.21.020.1.
Table 17.21.020.1
Uses in the Garvev Avenue Snecific Plan District
Allowed Uses Key:
GSP - GSP - R/C GSP GSP—
OSIP MU'
Specific
Reaulations
O -S
P
Public and Civic
Colleges and
Universities
_
_
_
P
Cultural Institutions
CUP
CUP
CUP
CUP
Park and
Recreation
Facilities
P
P
P
P
For lighted
facilities, see
RMC
Section 17.68.060
Places of Religious
=
CUP
CUP
CUP
Assembl
Public Utility
Facilities
AUP
AUP
AUP
AUP
Telecommunication
See Article
See Article
See Article
See Article
See Article
3, Chapter 17.54
Facilities/Wireless
3, Chapter
3, Chapter
17.54
3, Chapter
17.54
3, Chapter
17.54
Telecommunication
17.54
Facilities
Educational
Institution Private
—
CUP
CUP
CUP
SECTION 6: Code Amendment. RMC § 17.24.020 is amended to read as follows:
17.24.020 - Special purpose district land uses and permit requirements.
Table 17.24.020.1. Uses in SDecial Purpose Districts, identifies the uses of land allowed in the
Open Space (O -S) district and the Automobile Parking (P) zoning district, and the land use permit
required, if anv, to establish each use subject to Section 17.08.050. Where the last column in the
tables (Specific Use Regulations) includes a section reference number, the regulations in the
referenced section appy to the use in addition to those shown in the table. The Planned
Development (P -D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040.
Table 17.24.020.1
USES IN SPECIAL PURPOSE DISTRICTS
Land Use
Requirements by District
Specific Use
Regulations
O -S
P
35
4917-8682-2559 v2
Public Parking,
P
P
Civic
including Parking
P
Community Garden
Lots and Structures
P
Cultural Institutions
CUP
Private Parking
—_
CUP
CUP
Facilities for Shared
Use
Government
A
_
Buildings and
Facilities
Wireless
See Article
_
See Article
Telecommunication
3, Chapter 17.54
3, Chapter 17.54
Facilities
Utilities
P
P
SECTION 7: Code Amendment. RMC & 17.28.040.0 is amended to read as follows:
C. Permitted Uses.
1. The following land uses identified in table 17.28.040.1 below apply to individual
properties based on the location and application of the FCMU Overlay zones. For ease of
reference, land uses are grouped based on the general use category. Property owners,
developers, and applicants should refer to the Freeway Corridor Mixed -Use Overlay
document to verify their property's relevant FCMU Overlay zone.
2. The Community Development Director, or designee, may determine that a proposed use
that is not specifically listed in the table below is in keeping with the vision and intent for
the FCMU Overlay and therefore may be allowed if it meets all of the following criteria:
a. The characteristics of and activities associated with the proposed use is similar to one
or more of the permitted uses in the table below, and will not involve substantially
greater intensity than the other uses permitted within the FCMU Overlay;
b. The proposed use will be consistent with the purpose and intent of the FCMU
Overla -
c. The proposed use will be compatible with the other uses listed for the FCMU
Overlay.
Table 17.28.040.1
FCMU-C FCMU-B NOTES
Public and
Civic
Colleges and
Universities
P
Community Garden
P
P
Cultural Institutions
CUP
CUP
Educational
Institution Private
CUP
CUP
36
4917-8682-2559 v2
Park and Recreation
P
P
Facilities
Places of Religious
CUP
Assembly
Public Utility
Facilities
AUP
AUP
Telecommunication
See Article
3, Chapter 17.54
See Article
3, Chapter 17.54
See Article
3, Chapter 17.54
Facilities/
Wireless
Telecommunication
Facilities
Commercial
SECTION 8: Severabilitv. The Citv Council herebv declares that, should anv provision
section subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof,
be rendered or declared invalid or unconstitutional by any final court action in a court of comnetent
jurisdiction or by reason of anypreemotive legislation, such decision or action shall not affect the
validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby
declares that it would have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more Drovisions, sections, subsections, naraerwhs, sentences, clauses, phrases, or words may
be declared invalid or unconstitutional
SECTION 9: Publication. The Citv Clerk shall certifv to the adoption of this Ordinance and
shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office
of the City Clerk at least five (5) days prior to the adoption and within fifteen (15) days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty days
after the date of its adoption
SECTION 10: Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
37
4917-8682-2559 v2
Attachment C
Ordinance No. 1033
ORDINANCE NO. 1033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING THE ADDITION OF CHAPTER
12.54 "WIRELESS TELECOMMUNICATION FACILITIES IN
THE PUBLIC RIGHT OF WAY" FOR THE PURPOSE OF
COMPLYING WITH FEDERAL AND STATE LAWS
GOVERNING PROCEDURES AND STANDARDS RELATED
TO WIRELESS TELECOMMUNICATION FACILITIES ON
PUBLIC PROPERTY
WHEREAS, the City of Rosemead has adopted the Street Permit Ordinance, and adopted
the Master Plan of Streets and Highways at Title 12 of the Rosemead Municipal Code; and
WHEREAS, given changes in Federal and State law, the City Council desires to amend the
Rosemead Municipal Code to allow greater flexibility and responsiveness to Federal and State laws
while still preserving the City's traditional land use authority to the maximum extent allowed for under
the law; and,
WHEREAS, the City Council desires to adopt the proposed ordinance to add Chapter 12.54
to the Rosemead Municipal Code to ensure that the City's public rights of way are protected and
appropriately regulated to reduce impacts associated with wireless installations while ensuring
consistent and expeditious review of requests from wireless carriers in compliance with current
Federal and State law; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following findings and determinations.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Findings. The City Council HEREBY FINDS AND DETERMINES the above
recitals are true and correct and incorporated herein by this reference, and those facts do exist to
justify approving the proposed ordinance.
SECTION 2: Compliance with CEQA. The City Council HEREBY DETERMINES that the
proposed amendment does not authorize any changes to the environment and will have no impacts
to properties in the City or their surrounding environment. This Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 3: Code Amendment. Chapter 12.54 is hereby added to the Rosemead
Municipal Code to read in its entirety as follows:
4902-2765-4694 v8
"Chapter 12.54 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-
OF-WAY
12.54.010. PURPOSE.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of
regulations and standards for the permitting, development, siting, installation, design, operation
and maintenance of wireless telecommunications facilities in the City's public right-of-way. These
regulations are intended to prescribe clear and reasonable criteria to assess and process
applications in a consistent and expeditious manner, while reducing the impacts associated with
wireless telecommunications facilities. This chapter provides standards necessary (1) for the
preservation of the public right-of-way ("PROW') in the City for the maximum benefit and use of
the public, (2) to promote and protect public health and safety, community welfare, visual
resources and the aesthetic quality of the City consistent with the goals, objectives and policies
of the general plan, and (3) to provide for the orderly, managed and efficient development of
wireless telecommunications facilities in accordance with the state and federal laws, rules and
regulations, including those regulations of the Federal Communications Commission ("FCC") and
California Public Utilities Commission ("CPUC"), and (4) to ensure that the use and enjoyment of
the PROW is not inconvenienced by the use of the PROW for the placement of wireless facilities.
The City recognizes the importance of wireless facilities to provide high-quality communications
service to the residents and businesses within the City, and the City also recognizes its obligation
to comply with applicable Federal and State laws. This chapter shall be constructed and applied
in consistency with the provisions of state and federal laws, and the rules and regulations of FCC
and CPUC. In the event of any inconsistency between any such laws, rules and regulations and
this chapter, the laws, rules and regulations shall control.
12.54.020. DEFINITIONS.
For the purposes of this Chapter, the terms shall have the meanings as set forth in Chapter 17.54
of this Code and as provided herein:
"Base station" shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.)
Section 1.6100(b)(1), or any successor provision. This means a structure or equipment at a fixed
location that enables FCC -licensed or authorized wireless communications between user
equipment and a communications network (regardless of the technological configuration and
encompassing small wireless facilities). "Base station" does not encompass a tower or any
equipment associated with a tower. Base station includes, without limitation:
Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as wireless services not licensed by
the FCC and fixed wireless services such as microwave backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including small wireless facilities).
3. Any structure other than a tower that, at the time the relevant application is filed
with the City under this chapter, supports or houses equipment described in
paragraphs 1 and 2 of this definition that has been reviewed and approved under
4902-2765-4694 v6
the applicable zoning or siting process, or under another state or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing that support.
4. "Base station" does not include any structure that, at the time the relevant
application is filed under this chapter, does not support or house equipment
described in paragraphs 1 and 2 of this definition. Other structures that do not host
wireless telecommunications facilities are not "base stations."
As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure
that actually supports wireless equipment even though it was not originally intended for that
purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility
poles, light standards or traffic signals. A structure without wireless equipment replaced with a
new structure designed to bear the additional weight from wireless equipment constitutes a base
station.
"Code" means the Rosemead Municipal Code.
"Collocation" bears the following meanings:
For the purposes of any eligible facilities request, the same as defined by the FCC
in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he
mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes." and
2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as
may be amended, which defines that term as (1) Mounting or installing an antenna
facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose
of mounting or installing an antenna facility on that structure.
"Director of Public Works" means the Director of Public Works, or their designee.
"Eligible facilities request" means any request for modification to an existing eligible support
structure that does not substantially change the physical dimensions of such structure, involving:
1. Collocation of new transmission equipment which does not result in a substantial
change;
2. Removal of transmission equipment;
3. Replacement of transmission equipment that does not result in a substantial
change (replacement does not include completely replacing the underlying support
structure); or
4. Hardening through structural enhancement where such hardening is necessary to
accomplish the eligible facilities request but does not include replacement of the
underlying support structure.
"Eligible facilities request" does not include modifications or replacements when an eligible
support structure was constructed or deployed without proper local review, was not
4902-2765-4694 v8 3
required to undergo local review, involves equipment that was not properly approved, or
was not constructed or installed in compliance with the approved plans. "Eligible facilities
request' does include collocation facilities satisfying all the requirements for a
administrative collocation (defined at 17.54.020)pursuant to Government Code Section
65850.6.
"Eligible support structure" means any support structure located in the PROW that is existing at
the time the relevant application is filed with the City under this chapter provided said support
structure has been installed and placed in the PROW pursuant to a City approved permit or other
legal authorization or right to be installed and maintained in the PROW.
"Existing" means a support structure, wireless telecommunications facility, or accessory
equipment that has been reviewed and approved under the City's applicable zoning or siting
process, or under another applicable state or local regulatory review process and lawfully
constructed prior to the time the relevant application is filed under this chapter. However, a support
structure, wireless telecommunications facility, or accessory equipment that has not been
reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is "existing" for purposes of this chapter. "Existing' does not apply to any structure
that (1) was illegally constructed without all proper local agency approvals, or (2) was constructed
in noncompliance with such approvals. "Existing' does not apply where an existing support
structure is proposed to be replaced in furtherance of the proposed wireless telecommunications
facility.
"Facility(ies)" means wireless telecommunications facility(ies).
"Ground -mounted" means mounted to a pole, tower or other freestanding structure which is
specifically constructed for the purpose of supporting an antenna or wireless telecommunications
facility and placed directly on the ground at grade level.
"Located within (or in) the public right-of-way" includes any facility which in whole or in part, itself
or as part of another structure, rests upon, in, over or under the PROW.
"Modification" means a change to an existing wireless telecommunications facility that involves
any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or
augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior
material. "Modification" does not include repair, or maintenance if those actions do not involve
whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of
an existing wireless telecommunications facility.
"Mounted" means attached or supported.
"Permittee" means any person or entity granted a WTP pursuant to this chapter.
"Personal wireless services" shall have the same meaning as set forth in 47 United States Code
(USC) Section 332(c)(7)(C)(i).
"Pole" means a single shaft of wood, steel, concrete or other material capable of supporting the
equipment mounted thereon in a safe and adequate manner and as required by provisions of this
code.
4902-27654694 v6 4
"Public right-of-way" or "PROW' means a strip of land acquired by reservation, dedication,
prescription, condemnation, or easement that allows for the passage of people, vehicles and
goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, parkways,
sidewalks, roadway and medians. The PROW does not include land owned, controlled or
operated by the City for uses unrelated to streets or the passage of people and goods, such as,
without limitation, parks, City hall and community center lands, City yards, and lands supporting
reservoirs, water towers, police or fire facilities.
"Replacement" refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where the replacement structure will
be of like -for -like kind to resemble the appearance and dimensions of the structure or equipment
replaced, including size, height, color, landscaping, materials and style.
In the context of determining whether an application qualifies as an eligible facilities
request, the term "replacement" relates only to the replacement of transmission
equipment and does not include replacing the support structure on which the
equipment is located.
2. In the context of determining whether a SWF application qualifies as being placed
upon a new eligible support structure or qualifies as a collocation, an application
proposing the "replacement" of the underlying support structure qualifies as a new
pole proposal.
"RF" means radio frequency.
"Spectrum Act" means the Middle Class Tax Relief Act and Job Creation Act of 2012 including
Section 6409 codified at 47 U.S.C. §1455(a).
"Substantial change" has the same meaning as "substantial change' as defined by the FCC at 47
C.F.R. 1.6100(b)(7). If undergrounding the cabinet is technologically infeasible such that it is
materially inhibitive to the project, the Director of Public Works may allow for a ground mounted
cabinet. A modification or collocation results is a "substantial change" to the physical dimensions
of an eligible support structure if it does any of the following:
1. It increases the height of the structure by more than 10% or more than ten feet,
whichever is greater;
2. It involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
3. It involves installation of any new equipment cabinets on the ground if there are no
pre-existing ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site. However, if an
existing pole -mounted cabinet is proposed to be replaced with an underground
cabinet at a facility where there are no pre-existing ground cabinets associated
with the structure, such modification may be deemed a non- substantial change,
in the discretion of the Director of Public Works and based upon their reasonable
4902-2765-4694 v6
consideration of the cabinet's proximity to residential structures, residential view
sheds, interference to public views and/or degradation of concealment elements;
5. It defeats the concealment or stealthing elements of the eligible support structure;
or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure, provided however that
this limitation does not apply to any modification that is non-compliant only in a
manner that would not exceed the thresholds identified in paragraphs 1 through 4
of this definition.
"Support structure" means a tower, pole, base station or other structure used to support a wireless
telecommunications facility.
"SWF" means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(1) as may be
amended, which are personal wireless services facilities that meet all the following conditions
that, solely for convenience, have been set forth below:
The facility
a. Is mounted on an existing or proposed structure 50 feet or less in height,
including antennas, as defined in Title 47 C.F.R. Section 1.1320(d); or
b. Is mounted on an existing or proposed structure no more than 10 percent
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 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)),
is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated
equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 C.F.R. Part
17;
5. The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section
800.16(x); and
6. The facility does not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in Title 47 C.F.R. Section
1.1307(b).
"SWF Regulations" means those regulations applicable to small wireless facilities detailed in the
Rosemead Wireless Telecommunications Facilities Guidelines.
4902-27654694 v8
"Telecommunications tower"or "tower" bears the meaning ascribed to wireless towers by the FCC
in 47 C.F.R. § 1.61000(b)(9), including without limitation a freestanding mast, pole, monopole,
guyed tower, lattice tower, free standing tower or other structure designed and built for the sole
or primary purpose of supporting any FCC -licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site. This
definition does not include utility poles.
"Transmission equipment" bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R.
§ 1.61000(b)(8), including equipment that facilitates transmission for any FCC -licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
"Utility pole" means any pole or similar structure owned by any utility company that is primarily
used to support wires or cables necessary to the provision of electrical or other utility services
regulated by the California Public Utilities Commission. A telecommunications tower is not a utility
pole.
"Wireless telecommunications facility" means equipment and network components such as
antennas, accessory equipment, support structures, and emergency power systems that are
integral to providing wireless services. Exceptions: The term "wireless telecommunications
facility" does not apply to the following:
1. Government-owned and operated telecommunications facilities
2. Emergency medical care provider -awned and operated telecommunications
facilities.
3. Mobile services providing public information coverage of news events of a
temporary nature.
4. Any wireless telecommunications facilities exempted from this code by federal law
or state law.
"WTP" means a "wireless telecommunications facility permit' required by this chapter, including a
Discretionary WTP or an Administrative WTP.
12.54.030. APPLICABILITY.
This chapter applies to the siting, construction or modification of any and all wireless
telecommunications facilities proposed to be located in the public right-of-way as follows:
A. Pre-existing Facilities in the PROW. Nothing in this chapter shall validate any existing
illegal or unpermitted wireless facilities. All illegal or unpermitted wireless facilities shall
comply with this chapter and obtain a WTP, when applicable, to be considered legal and
conforming.
4902-2765-4694 v8
B. The processing or design requirements of this chapter including the SWF Regulations are
further detailed in the Rosemead Wireless Telecommunications Facilities Guidelines. The
Guidelines may be prepared and amended as needed by the Director of Community
Development or Director of Public Works in order to keep pace with changing state or
federal law and technology. All wireless facilities shall comply with the regulations,
procedures, and design guidelines contained within the Rosemead Wireless
Telecommunications Facilities Guidelines. In the event of a conflict between this Code
and the Rosemead Wireless Telecommunications Facilities Guidelines, the Guidelines
shall prevail. In the event that the Guidelines are amended, a copy of any changes made
to the Guidelines shall be provided in a report to City Council.
C. This chapter does not apply to the following
Wireless facilities owned and operated by the City for its use or for public safety
purposes;
2. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of state
or federal law, or franchise agreement, are preemptive of the terms of this chapter,
then the terms of this chapter shall be severable to the extent of such preemption
and all remaining regulations shall remain in full force and effect.
D. Public use. Except as otherwise provided by state or federal law, any use of the PROW
authorized pursuant to this chapter will be subordinate to the City's use and use by the
public.
12.54.040. WIRELESS TELECOMMUNICATIONS FACILITY PERMIT REQUIREMENTS.
A. Administration. The Director of Public Works is responsible for administering this chapter.
As part of the administration of this chapter, the Director of Public Works may:
Interpret the provisions of this chapter;
2. Develop and implement standards governing the placement, appearance and
modification of wireless telecommunications facilities consistent with the
requirements of this chapter, including regulations governing collocation and
resolution of conflicting applications for placement of wireless facilities;
Develop and implement acceptable design, location and development standards
for wireless telecommunications facilities in the PROW, taking into account the
zoning districts bounding the PROW;
Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this chapter;
5. Collect, as a condition of the completeness of any application, any fee established
by this chapter;
4902-27654694 v8
6. Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal and
state laws and regulations;
Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should
be issued;
8. Require, as part of, and as a condition of completeness of any application, that an
applicant send notice to members of the public that may be affected by the
placement or modification of the wireless facility and proposed changes to any
support structure per City requirements for approvals and/or permits related to
installations in the PROW;
9. As provided herein, determine whether to approve, approve subject to conditions,
or deny an application; and
10. Take such other steps as may be required to act upon applications for placement
of wireless telecommunications facilities, including issuing written decisions and
entering into agreements to mutually extend the time for action on an application.
B. Administrative Wireless Telecommunications Permits ("Administrative WTP").
An Administrative WTP, subject to the Director of Public Works's approval, may be
issued for wireless telecommunications facilities, collocations, or modifications to
an eligible support structure that meet the following criteria:
a. The proposal is determined to be for a SWF; or
b. The proposal is determined to be an eligible facilities request; or
C. Both.
2. In the event that the Director of Public Works determines that any application
submitted for an Administrative WTP does not meet the administrative permit
criteria of this chapter, the Director of Public Works shall convert the application to
a Discretionary WTR
C. Discretionary Wireless Telecommunications Permit ("Discretionary WFP"). All other
proposed wireless telecommunications facilities or replacements, collocations, or
modifications to a wireless telecommunications facility that are not qualified for an
Administrative WTP shall be subject to the requirements outlined in the Code for Wireless
Telecommunications Facilities at chapter 17.54.
D. Special Provisions for SWFs; SWF Regulations. Notwithstanding any other provision of
this chapter as provided herein, all SWFs are subject to a permit as specified in the SWF
Regulations, as are adopted by City Council resolution. All SWFs shall comply with the
SWF Regulations, as they may be amended from time to time.
The SWF Regulations are intended to be constructed in consistency with, and
addition to, the terms and provisions of this chapter. To the extent general
4902-2765-4694 v8
provisions of this chapter are lawfully applicable to SWFs, such terms shall apply
unless in contradiction to more specific terms set forth in the SWF Regulations, in
which case the more specific terms of the SWF Regulations shall control.
E. Other Permits Required. In addition to any permit that may be required under this chapter,
the applicant must obtain all other required prior permits or other approvals from other City
departments, or state or federal agencies. Any permit granted under this chapter is subject
to the conditions and/or requirements of other required prior permits or other approvals
from other City departments, state or federal agencies. Building and encroachment
permits, and all City standards and requirements therefor, are applicable.
F. Eligible Applicants. Only applicants who have been granted the right to enter the PROW
pursuant to state or federal law, or who have entered into a franchise agreement with the
City permitting them to use the PROW, shall be eligible for a WTP pursuant to this chapter.
12.54.050. APPLICATION FOR WIRELESS TELECOMMUNICATIONS FACILITY
PERMITS.
A. Generally. The applicant shall submit a paper copy and an electronic copy of any
application, amendments, or supplements to a WTP application, or responses to requests
for information or notice of incomplete regarding an WTP, in accordance with the
provisions of this section. SWF applications shall be governed by any additional terms set
forth in the SWF Regulations, and in the event of an inconsistency between the provisions
of this Section and the terms of the SWF Regulations, the Regulations shall control.
All applications for WTPs shall be initially submitted to the City along with the
information required for an encroachment permit or any other permit required by
this Code. Each applicant shall fully and completely submit to the City a written
application on a form prepared by the Director of Public Works.
2. Application Submittal Appointment. It is recommended that all WTP applications
must be submitted to the Director of Public Works at a pre -scheduled application
submission appointment. City staff will endeavor to provide applicants with an
appointment within five business days after receipt of a written request.
If the wireless telecommunications facility will also require the installation of fiber,
cable or coaxial cable, such cable installations shall be included within the
application form and processed in conjunction with the proposal for vertical support
structure(s). Applicants shall simultaneously request fiber installation or other
cable installation when seeking to install antennas in the PROW. Standalone
applications for the installation of fiber, cable or coaxial cable, or accessory
equipment designed to serve an antenna must include all features of the wireless
telecommunications facility proposed. Installation of fiber, cable or coaxial cable,
such as cable installations that are not affiliated with a vertical support structure do
not qualify as a WTP and shall be subject to the requirements, policies and
procedures established by the City.
B. Application Contents—Administrative WTPs. The content of the application form for
facilities subject to an Administrative WTP shall be determined by the Director of Public
Works, but at a minimum shall include the following:
4902-2765-4694 A 10
1. The name of the applicant, its telephone number and contact information, and if
the applicant is a wireless infrastructure provider, the name and contact information
for the wireless service provider that will be using the wireless facility.
2. The name of the owner of the structure, if different from the applicant, and a signed
and notarized letter demonstrating the owner's authorization for use of the
structure or a copy of the lease or other agreement between the applicant and the
owner of the structure.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner's authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
A complete description of the proposed wireless telecommunications facility and
any and all work that will be required to install or modify it, including, but not limited
to, detail regarding proposed excavations, if any; detailed site plans showing the
location of the wireless telecommunications facility including all utility equipment,
and dimensioned drawings with specifications for each element of the wireless
facility, clearly describing the site and all structures and facilities at the site before
and after installation or modification; and a dimensioned map identifying and
describing the distance to the nearest residential dwelling unit and any historical
structure within 500 feet of the facility. And photo simulations must be provided
depicting the proposed location before and after the proposed installation taken
from four different angles (e.g. north, south, east and west views).
5. Detailed engineering plans of the proposed wireless telecommunications facility
and related report prepared by a professional engineer registered in the state
documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
demonstrates that the proposed facility has been designed to be the least
intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with this Code.
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
C. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving
the carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for the
subject carrier, indicating the number and types of antennas and power and
frequency ranges, which can be accommodated.
4902-2795-4994 v5 11
e. Sufficient evidence of the structural integrity of the support structure as
required by the City.
6. Costs. Reasonable costs of City staff, consultant and attorney time (including that
of the City Attorney) pertaining to the review, processing, and procedures directly
attributable to a WTP shall be reimbursable to the City.
Documentation sufficient to show that the proposed facility will comply with
generally applicable health and safety provisions of the Code and the FCC's radio
frequency emissions standards.
8. If the application is for a SWF, the application shall state as such and shall explain
why the proposed facility meets the definition of a SWF. And the application must
contain all additional application information, if any, required by the SWF
Regulations.
9. If the application is for an eligible facilities request, the application shall state as
such and must contain information sufficient to show that the application qualifies
as an eligible facilities request, which information must demonstrate that the
eligible support structure was not constructed or deployed without proper local
review, was not required to undergo local review, or involves equipment that was
not properly approved or installed in compliance with City approved plans. This
shall include copies of all applicable local permits in- effect and as -built drawings
of the current site.
10. If the applicant contends that denial of the application would prohibit or effectively
prohibit the provision of service in violation of federal law, or otherwise violate
applicable law, the application must provide all information on which the applicant
relies on in support of that claim.
C. Application Contents—Discretionary WTPs. The Director of Public Works shall develop
an application form and make it available to applicants upon request and post the
application form on the City's website. The application form for a Discretionary WTP shall
require the following information, in addition to all other information determined necessary
by the Director of Public Works:
The name, address and telephone number of the applicant, owner and the
operator of the proposed wireless telecommunication facility.
2. If the applicant does not, or will not, own the support structure, the applicant shall
provide a duly executed letter of authorization from the owner of the structure. If
the owner of the support structure is the applicant, but such owner/applicant will
not directly provide wireless services, the owner/applicant shall provide a duly -
executed letter of authorization from the person(s) or entity(ies) that will provide
those services.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner's authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
4902-2765-4694 v8 12
A full written description of the proposed wireless telecommunications facility and
its purpose.
5. Detailed engineering plans of the proposed wireless telecommunications facility
and related report prepared by a professional engineer registered in the state
documenting the following:
Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
demonstrates that the proposed facility has been designed to be the least
intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with all design and safety requirements set forth in this
chapter.
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
C. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving
the carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for the
subject carrier, indicating the number and types of antennas and power and
frequency ranges, which can be accommodated.
e. Sufficient evidence of the structural integrity of the support structure as
required by the City.
6. A written description identifying the geographic service area to be served by the
proposed WTP, plus geographic or propagation maps showing applicant's service
area objectives.
Ajustification study which includes the rationale for selecting the proposed wireless
telecommunication facility design, support structure and location. A detailed
explanation of the applicant's coverage objectives that the proposal would serve,
and how the proposed use is the least intrusive means for the applicant to cover
such objectives. This shall include:
a. A meaningful comparative analysis that includes the factual reasons why
the proposed location and design deviates is the least noncompliant or
intrusive location and design necessary to reasonably achieve the
applicant's reasonable objectives of covering an established significant gap
(as established under state and federal law).
b. Said study shall include all eligible support structures and/or alternative
sites evaluated for the proposed WTP, and why said alternatives are not
4902-27654694 v8 13
reasonably available, technically feasible options that most closely conform
to the local values. The alternative site analysis must include the
consideration of at least two eligible support structures; or, if no eligible
support facilities are analyzed as alternatives, why no eligible support
facilities are reasonably available or technically feasible.
8. A completed environmental assessment application, or in the alternative any and
all documentation identifying the proposed WTP as exempt from environmental
review (under the California Environmental Quality Act, Public Resources Code
21000-21189, the National Environmental Policy Act, 42 U.S.C. §4321 et seq., or
related environmental laws). Notwithstanding any determination of environmental
exemption issued by another governmental entity, the City reserves its right to
exercise its rights as a responsible agency to review de novo the environmental
impacts of any WTP application.
9. An accurate visual impact analysis showing the maximum silhouette, view -shed
analysis, color and finish palette and proposed screening for the wireless
telecommunications facility, including scaled photo simulations from at least 4
different angles (e.g. north, south, east, west).
10. Documentation sufficient to show that the proposed facility will comply with
generally applicable health and safety provisions of the Code and the FCC's radio
frequency emissions standards.
11. Copies of any documents that the applicant is required to file pursuant to Federal
Aviation Administration regulations for the proposed wireless telecommunications
facility.
12. A noise study prepared by a qualified acoustic engineer documenting that the level
of noise to be emitted by the proposed wireless telecommunications facility will
comply with this code, including Chapter 8.36 (Noise Control) of this Code.
13. A traffic control plan when applicable. The City shall have the discretion to require
a traffic control plan when the applicant seeks to use large equipment (e.g. crane)
as approved by the Director of Public Works.
14. If required by the City, a scaled conceptual landscape plan showing existing trees
and vegetation and all proposed landscaping, concealment, screening and
proposed irrigation with a discussion of how the chosen material at maturity will
screen the wireless telecommunication facility.
15. Certification that applicant is a telephone corporation or a statement providing the
basis for its claimed right to enter the right-of-way. If the applicant has a certificate
of public convenience and necessity (CPCN) issued by the California Public
Utilities Commission, it shall provide a copy of its CPCN.
16. Evidence that the proposed wireless telecommunications facility qualifies as a
"personal wireless services facility" as defined in United States Code, Title 47,
Section 332(c)(7)(C)(ii).
4902-2765-4694 v8 14
17. Any other information and/or studies reasonably determined to be necessary by
the Director of Public Works may be required.
D. Fees and Deposits Submitted with Application(s). For all WTPs, application fee(s) shall be
required to be submitted with any application, as established by City Council resolution
and in accordance with California Government Code Section 50030. Notwithstanding the
foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a
WTP unless paid as a refundable deposit.
Independent Expert. The Director of Public Works, is authorized to retain on behalf of the
City one or more independent, qualified consultant(s) to review any WTP application. The
review is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall include, but not limited to, application completeness
or accuracy, structural engineering analysis, or compliance with FCC radio frequency
emissions standards.
F. Costs. Reasonable costs of City staff, consultant and attorney time (including that of the
City Attorney) pertaining to the review, processing, and procedures directly attributable to
a WTP shall be reimbursable to the City.
G. Effect of State or Federal Law on Application Process. In the event a state or federal law
prohibits the collection of any information or application conditions required by this
Section, the Director of Public Works is authorized to omit, modify or add to that request
from the City's application form. Requests for waivers from any application requirement of
this Section shall be made in writing to the Director of Public Works. The Director of Public
Works may grant a request for waiver if it is demonstrated that, notwithstanding the
issuance of a waiver, the City will be provided all information necessary to understand the
nature of the construction or other activity to be conducted pursuant to the WTP sought.
All waivers approved pursuant to this Subsection shall be (1) granted only on a case-by-
case basis, and (2) narrowly tailored to minimize deviation from the requirements of the
Code.
H. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any
application governed under this chapter will be automatically deemed withdrawn by the
applicant when the applicant fails to tender a substantive response to the City on any
application within thirty (30) calendar days after the application is deemed incomplete in a
written notice to the applicant. The Director of Public Works may, in their discretion, grant
a written extension for up to an additional thirty (30) calendar days when the applicant
submits a written request prior to the 60th day, after the date of the notice of incomplete,
that shows good cause to grant the extension.
Waiver of Applications Superseded by Submission of New Project. If an applicant submits
a WTP application, but substantially revises the proposed facility during the application
process prior to any decision on such application, the substantially revised application
shall be deemed a new application for all processing purposes, including federal shot
clocks, and the prior submittals deemed waived and superseded by the substantially
revised application. For purposes of this subparagraph, "substantially revised" means that
the project as initially proposed has been alternately proposed for a location 200 feet or
more from the original proposal and within the same street classification or constitutes a
substantial change in the dimensions or equipment that was proposed in the original WTP
application.
4902-2765v694 va 15
J. Rejection for Incompleteness. WTPs will be processed, and notices of incompleteness
provided, in conformity with state, local, and federal law. If such an application is
incomplete, it may be rejected or denied by the Director of Public Works by notifying the
applicant in writing and specifying the material omitted from the application.
12.54.060. REVIEW PROCEDURE.
A. Generally. Wireless telecommunications facilities shall be installed and modified in a
manner that minimizes risks to public safety and utilizes installation of new support
structures or equipment cabinets in the PROW only after all existing and replacement
structure options have been exhausted, and where feasible, places equipment
underground, and otherwise maintains the integrity and character of the neighborhoods
and corridors in which the facilities are located; ensures that installations are subject to
periodic review to minimize the intrusion on the PROW; and ensures that the City bears
no risk or liability as a result of the installations, and that such use does not inconvenience
the public, interfere with the primary uses of the PROW, or hinder the ability of the City or
other government agencies to improve, modify, relocate, abandon, or vacate the PROW
or any portion thereof, or to cause the improvement, modification, relocation, vacation, or
abandonment of facilities in the PROW.
B. Findings Required for Approval.
Administrative WTP Applications for SWFs. For WTP applications proposing a
SWF, the Director of Public Works, as the case may be, shall approve such
application if, on the basis of the application and other materials or evidence
provided in review thereof, all of the following findings can be made:
a. The facility qualifies as a SWF; and
b. The facility meets applicable requirements and standards of State and
Federal law.
C. The facility meets all standards, requirements and further findings as may
be specified in the SWF Regulations; and
d. The facility is not detrimental to the public health, safety, and welfare; and
2. Administrative WTP Applications for Eligible Facility Requests. For WTP
applications proposing an eligible facilities request, the Director of Public Works
shall approve such application if, on the basis of the application and other materials
or evidence provided in review thereof, all of the following findings can be made:
That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply with all generally applicable laws
including all health and safety codes.
3. Discretionary WTP Applications. No Discretionary WTP shall be granted unless
all of the following findings are made by the applicable decision -maker:
4902-2765-4694 v8 16
a. If applicable, all notices required for the proposed WTP have been given,
including the inclusion or placement on-site, of photo simulations for the
proposed facility.
b. The proposed wireless telecommunications facility has been designed and
located in compliance with all applicable provisions of this chapter.
C. If applicable, the applicant has demonstrated its inability to locate on an
eligible support structure.
d. The applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter the public right-of-way pursuant to state
or federal law, or the applicant has entered into a franchise agreement with
the City permitting them to use the public right-of-way.
e. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means
possible, supported by factual evidence and a meaningful comparative
analysis to show that all alternative locations and designs identified in the
application review process were technically infeasible or not reasonably
available.
C. Notice; Decisions. The provisions in this Section describe the procedures for the approval
process of a WTP application.
Administrative WTPs: WTP applications shall not require notice.
2. Discretionary WTPs Applications shall not require notice
3. Written Decision Required forAll WTP Determinations. Unless otherwise specified
for SWFs in the SWF Regulations, all final decisions made pursuant to this chapter,
including those for administratively processed permits and eligible facilities
requests, shall be in writing and based on substantial evidence in the written
administrative record. Within five (5) days after any decision to approve, deny or
conditionally approve a WTP application, the Director of Public Works, shall
provide written notice to the applicant which shall include the following:
a. A description of the property involved;
b. A general explanation of the decision, including the findings required for the
decision, if any, and how those findings were supported or not supported
by substantial evidence;
C. Information about applicable rights to appeal the decision and explanation
of how that right may be exercised for Discretionary WTP Applications; and
To be given to:
(i) The project applicant and property owner, and
4902-2765-4694 v8 17
(ii) Any person who has filed a written request with the City to receive
such notice.
4. Once a WTP is approved, no changes shall be made to the approved plans without
review and approval in accordance with this chapter.
D. Appeals.
The administrative decision of Administrative WTPs shall be final.
2. Appeals of decisions related to Discretionary WTPs shall proceed as follows:
If an applicant contends that a request for a Discretionary WTP was denied in
error, the applicant may appeal the matter to the City Manager by filing
an appeal with the City Clerk. Such appeal must be filed within ten (10) calendar
days following the Director of Public Works issuance of notice that a request fails
to qualify as a Discretionary WTP or fails to satisfy any other applicable
requirements for approval under this chapter. In reviewing the matter in appeal,
the City Manager shall be required to make the same determinations as would
otherwise be required of the Director of Public Works. The decision of the City
Manager shall be final.
E. Notice of Shot Clock Expiration. The City acknowledges there are federal and state shot
clocks which may be applicable to a proposed wireless telecommunications facility. That
is, federal and state law provide time periods in which the City must approve or deny a
proposed wireless telecommunications facility. As such, the applicant is required to
provide the City prior written notice of the expiration of any shot clock, which the applicant
shall ensure is received by the City (e.g. overnight mail) no later than twenty (20) days
prior to the expiration.
12.54.070. DESIGN AND DEVELOPMENT STANDARDS.
A. SWF Design and Development Standards. SWFs are subject to those design and
development standards and conditions of approval set forth in the SWF Regulations. The
City's grant of a WTP for a SWF does not waive, and shall not be construed to waive, any
standing by the City to challenge any FCC orders or rules related to SWF facilities, or any
modification to those FCC orders or rules.
B. Eligible Facilities Request Design and Development Standards. Approved eligible facilities
requests for which the findings set forth in Section 12.54.060 have been made are subject
to the following conditions, unless modified by the approving authority:
1. WTP subject to conditions of underlying permit. Any WTP granted in response to
an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit and all such conditions that were
applicable to the facility prior to approval of the subject eligible facility request.
2. No permit term extension. The City's grant or grant by operation of law of an eligible
facilities 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
4902-2765-4694 v8 18
grant by operation of law of an eligible facilities request permit will not extend the
permit term for the underlying permit or any other underlying regulatory approval,
and its term shall have the same term as the underlying permit or other regulatory
approval for the subject tower or base station.
No waiver of standing. The City's approval or approval by operation of law of an
eligible facilities request does not waive, and shall not be construed to waive, any
standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC
rules that interpret Section 6409(a) of the Spectrum Act, or any modification to
Section 6409(a) of the Spectrum Act.
C. Discretionary WTP Design and Development Standards. All wireless telecommunications
facilities subject to a Discretionary WTP that are located within the PROW shall be
designed and maintained as to minimize visual, noise and other impacts on the
surrounding community and shall be planned, designed, located, and erected in
accordance with the following standards:
General Guidelines.
a. The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually
screened as possible, to prevent the facility from dominating the
surrounding area and to minimize significant view impacts from
surrounding properties and public views, all in a manner that achieves
compatibility with the community and in compliance with this code.
b. Screening shall be designed to be architecturally compatible and
harmonious with surrounding structures using appropriate techniques to
camouflage, disguise, and/or blend into the environment, including
landscaping, color, and other techniques to minimize the facility's visual
impact as well as be compatible with the architectural character of the
surrounding buildings or structures and landscaping in terms of color, size,
proportion, style, and quality.
C. Wireless telecommunications facilities shall be located consistent with
Section 12.54.080 (Location Restrictions) unless an exception is granted.
2. Safety. All facilities shall be designed and located in such a manner as to avoid
adverse impacts on the public including traffic and/or pedestrian safety.
3. Blending Methods. All facilities shall have subdued colors and non -reflective
materials that blend with the materials and colors of the surrounding area,
infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of
wireless services that is technically feasible. Antenna elements shall be flush
mounted, to the extent feasible, with all cables and wires clipped -up, concealed or
otherwise out of public view. There shall be no exposed wiring unless approved in
advance by the Director of Public Works.
4902-2765-4694 v8 19
5. Support Structures.
a. Pole -Mounted Only. Only pole -mounted antennas (excepting wooden utility
poles per subparagraph 5.b below) shall be permitted in the public right-of-
way. Mountings to all other forms of support structure in the public right- of -
way are prohibited unless an exception pursuant to Section 12.54.080 is
granted.
b. Utility Poles. The maximum height of any antenna shall not exceed forty-
eight (48) inches above the height of an existing utility pole, nor shall any
portion of the antenna or equipment mounted on a pole be less than twenty-
four (24) feet above any drivable road surface. All installations on utility
poles shall fully comply with the California Public Utilities Commission
general orders, including, but not limited to, General Order 95, as may be
revised or superseded.
C. Light Poles. The maximum height of any antenna shall not exceed forty-
eight (48) inches above the existing height of a light pole. Any portion of the
antenna or equipment mounted on a pole shall be no less than sixteen and
one-half (16'/2) feet above any drivable road surface.
d. Replacement Poles. If an applicant proposes to replace a pole that is an
eligible support structure to accommodate the proposed facility, the
replacement pole shall be designed to resemble the appearance and
dimensions of existing poles near the proposed location, including size,
height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four (4) cubic
feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or
regulations.
g. An exception pursuant to Section 12.54.080 shall be required to erect any
new support structure (non -eligible support structure) that is not the
replacement of an existing eligible support structure.
h. As applicable to all new support structures (non -eligible support structures),
regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing
support structures of the same type in the right-of-way near that
location, including size, height, color, materials and style, with the
exception of any existing structural designs that are scheduled to
be removed and not replaced.
(ii) Such new support structures shall not adversely impact public view
corridors and shall be located to the extent feasible in an area
where there is existing natural or other feature that obscures the
view of the new support structure. The applicant shall further
employ concealment techniques to blend the new support structure
4902-2765-4694 v8 20
with said features including but not limited to the addition of
vegetation if feasible.
(iii) A justification analysis shall be submitted for all new support
structures that are not replacements to demonstrate why an eligible
support facility cannot be utilized and demonstrating the new
structure is the least intrusive means possible, including a
demonstration that the new structure is designed to be the minimum
functional height and width required to support the proposed
wireless telecommunications facility.
All cables, including, but not limited to, electrical and utility cables, shall be
run within the interior of the support structure and shall be camouflaged or
hidden to the fullest extent feasible. For all support structures wherein
interior installation is infeasible, conduit and cables attached to the exterior
shall be mounted flush thereto and painted to match the structure.
6. Space. Each facility shall be designed to occupy the least amount of space in the
right-of-way that is technically feasible.
7. Wind Loads. Each facility shall be properly engineered to withstand wind loads as
required by this code or any duly adopted or incorporated code. An evaluation of
high wind load capacity shall include the impact of modification of an existing
facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause
any physical or visual obstruction to pedestrian or vehicular traffic, incommode the
public's use of the right-of-way, or cause safety hazards to pedestrians and
motorists.
9. Public Facilities. A facility shall not be located within any portion of the public right-
of-way interfering with access to a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure, or any other public health or safety
facility.
10. Screening. All ground -mounted facility, pole -mounted equipment, or walls, fences,
landscaping or other screening methods shall be installed at least 18 inches from
the curb and gutter flow line.
11. Accessory Equipment. All accessory equipment proposed installed shall be the
least intrusive equipment possible. All pole mounted equipment shall not extend
past the diameter of the pole except to the extent technologically required. In the
alternative, the accessory equipment may be located underground.
12. Landscaping. Where appropriate, each facility shall be installed so as to maintain
and enhance existing landscaping on the site, including trees, foliage and shrubs.
13. Modification. Consistent with current state and federal laws and if permissible
under the same, at the time of modification of a wireless telecommunications
facility, existing equipment shall, to the extent feasible, be replaced with equipment
that reduces visual, noise and other impacts, including, but not limited to,
4902-2765-4694 v8 21
undergrounding the equipment and/or replacing larger, more visually intrusive
facilities with smaller, less visually intrusive facilities.
14. The installation and construction approved by a wireless telecommunications
facility permit shall begin within one year after its approval or it will expire without
further action by the City.
12.54.080. LOCATION RESTRICTIONS; EXCEPTIONS.
A. Location requirements for SWFs.
1. (a) Preface to location requirements. Applications that involve lesser -preferred locations
or structures as described in subsections (A)(2) and (3) of this section may be
approved so long as the applicant demonstrates that either:
(1) No more -preferred locations or structures exist within 250 feet from the
proposed site; or
(2) Any more -preferred locations or structures within 250 feet from the
proposed site would be technically infeasible to achieve the operator's
service objectives, as supported by clear and convincing evidence in the
written record, unless prohibited under this section.
(b) Preferred location requirements shall consist of the following:
(1) Allowable locations for SWFs are on existing or replacement infrastructure
such as streetlights and utility poles.
(2) When locating in an alley, the SWF shall be placed at a height above the
roof line of adjacent buildings to avoid being placed adjacent to a window.
(3) When choosing locations, choose locations in between occupied buildings
rather than immediately adjacent to occupied buildings, and not adjacent to
a window.
(4) - If the SWF is not able to be placed on existing infrastructure, the applicant
shall provide a map of existing infrastructure in the service area and
describe why each such site was not feasible.
2. Locations in the public rights-of-way. SWFs are preferred to be installed in locations
abutting the following zones, ordered from most preferred to least preferred, as
follows:
a. Locations abutting the Business and Industrial Zoning Districts;
b. Locations abutting the Commercial Zoning Districts;
c. Locations abutting the Automobile Parking Zone, Planned Development Zone
and Open Space Zone;
d. Locations within Residential Zoning Districts;
e. Any location in any district within 250 feet from any structure approved for a
residential use.
4902-2765-4694 A 22
Support structures in the public rights-of-way. SWFs are preferred to be installed on
support structures in the PROW, ordered from most preferred to least preferred, as
follows:
a. Existing or replacement streetlight poles;
b. Existing or replacement utility poles;
c. New, non -replacement streetlight poles;
d. New, non -replacement poles for small wireless facilities.
4. Prohibited support structures. SWFs are prohibited from being installed on the
following support structures:
a. Strand -mounted wireless facilities are prohibited;
b. Decorative poles;
c. Traffic signals, cabinets and related devices;
d. Any utility pole scheduled for removal or relocation within 12 months from the
time the approval authority acts on the small cell permit application;
e. New, non -replacement wood utility poles.
B. Locations Requiring an Exception. WTPs are strongly disfavored in certain areas and on
certain support structures. Therefore, the following locations are permitted only when an
exception has been granted pursuant to Subsection C hereof:
PROW within 100 feet of designated historic buildings.
PROW within Underground Utility Districts.
3. PROW which has been improved pursuant to a street beautification project.
C. Required Findings for an Exception. For any WTP requiring an "exception" under this
chapter, no such exception shall be granted unless the applicant demonstrates with clear
and convincing evidence all the following:
1. The proposed wireless facility qualifies as a "personal wireless services facility" as
defined in United States Code, Title 47, Section 332(c)(7)(C)(ii); and
2. The applicant has demonstrated that strict compliance with any provision in this
chapter for a WTP would effectively prohibit the provision of personal wireless
services; and
3. The applicant has provided the City with a meaningful comparative analysis that
includes the factual reasons why any alternative location(s) or design(s) suggested
by the City or otherwise identified in the administrative record, are not technically
feasible or reasonably available; and
4. The applicant has provided the City with a meaningful comparative analysis that
includes the factual reasons why the proposed location and design deviates is the
4902-2765-4694 v6 23
least noncompliant location and design necessary to reasonably achieve the
applicant's reasonable objectives.
D. Scope. The Director of Public Works, as applicable, shall limit an exemption for a WTP to
the extent to which the applicant demonstrates such exemption is necessary to reasonably
achieve compliance with state and federal law and/or service needs of the community.
The Director of Public Works, as applicable, may adopt conditions of approval as
reasonably necessary to promote the purposes in this chapter and protect the public
health, safety and welfare.
12.54.090. OPERATION AND MAINTENANCE STANDARDS.
All wireless telecommunications facilities must comply at all times with the following operation and
maintenance standards:
A. The permittee shall at all times maintain compliance with all applicable federal, state and
local laws, regulations and other rules, including, without limitation, those applying to use
of the PROW. The permittee shall ensure that all equipment and other improvements to
be constructed and/or installed in connection with the approved WTP are maintained in a
manner that is not detrimental or injurious to the public health, safety, and general welfare
and that the aesthetic appearance is continuously preserved, and substantially the same
as shown in the approved plans.
B. Unless otherwise provided herein, all necessary repairs and restoration shall be
completed by the permittee, owner, operator or any designated maintenance agent at its
sole cost within 48 hours:
After discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
2. After permittee, owner, operator or any designated maintenance agent receives
notification from the City.
C. Insurance. The permittee shall obtain and maintain throughout the term of the permit a
type and amount of insurance as specified by City's risk management. The relevant
policy(ies) shall name the City, its elected/appointed officials, commission members,
officers, representatives, agents, and employees as additional insured. The permittee
shall use its best efforts to provide thirty (30) days prior notice to the Director of Public
Works of to the cancellation or material modification of any applicable insurance policy.
D. Indemnities. The permittee and, if applicable, the owner of the property upon which the
wireless facility is installed shall defend, indemnify and hold harmless the City, its agents,
officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses,
costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus,
and other actions or proceedings brought against the City or its agents, officers, officials,
or employees to challenge, attack, seek to modify, set aside, void or annul the City's
approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and any and all claims, demands, law suits, or causes of action and other
actions or proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the permittee
or, if applicable, the private property owner or any of each one's agents, employees,
4902-2765-4694 v6 24
licensees, contractors, subcontractors, or independent contractors. In the event the City
becomes aware of any such actions or claims the City shall promptly notify the permittee
and, if applicable, the private property owner and shall reasonably cooperate in the
defense. The City shall have the right to approve, which approval shall not be
unreasonably withheld, the legal counsel providing the City's defense, and the property
owner and/or Permittee (as applicable) shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City.
E. Performance Bond. Prior to issuance of a wireless encroachment permit, the permittee
shall file with the City, and shall maintain in good standing throughout the term of the
approval, a performance bond or other surety or another form of security for the removal
of the facility in the event that the use is abandoned or the permit expires, or is revoked,
or is otherwise terminated. The security shall be in the amount equal to 100% of the cost
of removal of the facility as specified in the application for the WTP or as that amount may
be modified by the Director of Public Works in in the permit based on the characteristics
of the installation. The permittee shall reimburse the City for staff time associated with the
processing and tracking of the bond, based on the hourly rate adopted by the City Council.
Reimbursement shall be paid when the security is posted and during each administrative
review.
F. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts
to avoid undue adverse impacts to adjacent properties and/or uses that may arise from
the construction, operation, maintenance, modification, and removal of the facility. All
facilities, including each piece of equipment, shall be located and placed in a manner so
as to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian
traffic, impair the primary use and purpose of poles/signs/traffic signals or other
infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise
obstruct the accessibility of the PROW.
G. Contact Information. Each permittee of a wireless telecommunications facility shall provide
the Director of Public Works with the name, address and 24-hour local or toll-free contact
phone number of the permittee, the owner, the operator and the agent responsible for the
maintenance of the facility ("contact information"). Contact information shall be updated
within seven days of any change.
H. All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and
the facility site shall be maintained in good condition, including ensuring the facilities are
reasonably free of:
Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to
City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic
signals, improvements of any kind or nature, or utility lines and systems,
underground utility line and systems (water, sewer, storm drains, gas, oil, electrical,
etc.) that result from any activities performed in connection with the installation
and/or maintenance of a wireless facility in the PROW.
2. General dirt and grease;
3. Chipped, faded, peeling, and cracked paint;
4902-27654694 v8 25
4. Rust and corrosion;
5. Cracks, dents, and discoloration;
6. Missing, discolored or damaged artificial foliage or other camouflage;
7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must
be removed at the sole expense of the permittee within forty-eight (48) hours after
notification from the City.
8. Broken and misshapen structural parts; and
9. Any damage from any cause.
All trees, foliage or other landscaping elements approved as part of the facility shall be
maintained in neat, safe and good condition at all times, and the permittee, owner and
operator of the facility shall be responsible for replacing any damaged, dead or decayed
landscaping. No amendment to any approved landscaping plan may be made until it is
submitted to and approved by the Director of Public Works.
Each facility shall be operated and maintained to comply with all conditions of approval.
The permittee, when directed by the City, must perform an inspection of the facility and
submit a report to the Director of Public Works on the condition of the facility to include
any identified concerns and corrective action taken. Additionally, as the City performs
maintenance on City -owned infrastructure, additional maintenance concerns may be
identified. These will be reported to the permittee. The City shall give the permittee thirty
(30) days to correct the identified maintenance concerns after which the City reserves the
right to take any action it deems necessary, which could include revocation of the permit.
The burden is on the Permittee to demonstrate that it complies with the requirements
herein. Prior to issuance of a permit under this chapter, the owner of the facility shall sign
an affidavit attesting to understanding the City's requirement for performance of annual
inspections and reporting.
K. All facilities permitted pursuant to this chapter shall comply with the American with
Disabilities Act.
L. The permittee is responsible for obtaining power to the facility and for the cost of electrical
usage.
M. Failure to comply with the City's adopted noise standard after written notice and
reasonable opportunity to cure have been given shall be grounds for the City to revoke
the permit.
N. Interference.
The permittee shall not move, alter, temporarily relocate, change, or interfere with
any existing structure, improvement, or property without the prior consent of the
owner of that structure, improvement, or property. No structure, improvement, or
property owned by the City shall be moved to accommodate a permitted activity or
encroachment, unless the City determines that such movement will not adversely
affect the City or any surrounding businesses or residents, and the permittee pays
4902-2765-4694 v8 26
all costs and expenses related to the relocation of the City's structure,
improvement, or property.
2. Prior to commencement of any work pursuant to a WTP, the permittee shall provide
the City with documentation establishing to the City's satisfaction that the permittee
has the legal right to use or interfere with any other structure, improvement, or
property within the PROW or City utility easement to be affected by permittee's
facilities.
3. The facility shall not damage or interfere in any way with City property, the City's
operations or the operations of prior -existing, third -party installations. The City will
reasonably cooperate with the permittee and/or carrier to carry out such activities
as are necessary to correct the interference.
a. Signal Interference. The permittee shall correct any such interference
within 24 hours of written notification of the interference. Upon the
expiration of the 24-hour cure period and until the cause of the interference
is eliminated, the permittee shall cease operation of any facility causing
such interference until such interference is cured.
b. Physical Interference. The City shall give the permittee forty-eight (48)
hours to correct the interference after which the City reserves the right to
take any action it deems necessary, which could include revocation of the
permit.
4. The City at all times reserves the right to take any action it deems necessary, in its
sole discretion, to repair, maintain, alter, or improve the sites. Such actions may
temporarily interfere with the operation of the facility. The City will in all cases, other
than emergencies, give the applicant 30 days' written notification of such planned,
non -emergency actions.
O. RF Exposure Compliance. All facilities must comply with all standards and regulations of
the FCC and any other state or federal government agency with the authority to regulate
RF exposure standards.
P. Records. The permittee must maintain complete and accurate copies of all permits and
other regulatory approvals issued in connection with the facility, which includes without
limitation this approval, the approved plans and photo simulations incorporated into this
approval, all conditions associated with this approval and any ministerial permits or
approvals issued in connection with this approval. In the event that the permittee does not
maintain such records as required in this condition or fails to produce true and complete
copies of such records within a reasonable time after a written request from the City, any
ambiguities or uncertainties that would be resolved through an inspection of the missing
records will be construed against the permittee.
12.54.100. NO DANGEROUS CONDITION OR OBSTRUCTIONS ALLOWED.
No person shall install, use or maintain any wireless telecommunications facility that in whole or
in part rests upon, in or over any public right-of-way, when such installation, use or maintenance
endangers or is reasonably likely to endanger the safety of persons or property, or when such site
or location is used for public utility purposes, public transportation purposes or other governmental
4902-2765-4694 vs 27
use, or when such facility unreasonably interferes with or unreasonably impedes the flow of
pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
12.54.110. PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS.
A. Permit Term. Unless Government Code Section 65964, as may be amended, authorizes
the City to issue a permit with a shorter term, a permit for any wireless telecommunications
facility shall be valid for a period of ten (10) years, unless pursuant to another provision of
this code it lapses sooner or is revoked. At the end of ten (10) years from the date of
issuance, such permit shall automatically expire.
B. A permittee may apply for a new permit within 180 days prior to expiration. Said application
and proposal shall comply with the City's current code requirements for wireless
telecommunications facilities.
C. Timing of Installation. The installation and construction authorized by a WTP shall begin
within one (1) year after its approval, or it will expire without further action by the City. The
installation and construction authorized by a WTP shall conclude, including any necessary
post -installation repairs and/or restoration to the PROW, within thirty (30) days following
the day construction commenced.
12.54.120. CESSATION OF USE OR ABANDONMENT.
A. A wireless telecommunications facility is considered abandoned and shall be promptly
removed as provided herein if it ceases to provide wireless services for ninety (90) or more
consecutive days unless the permittee has obtained prior written approval from the
Director of Public Works which shall not be unreasonably denied. If there are two or more
users of a single facility, then this provision shall not become effective until all users cease
using the facility.
B. The operator of a facility shall notify the Director of Public Works in writing of its intent to
abandon or cease use of a permitted site or a nonconforming site (including unpermitted
sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of Public
Works of any discontinuation of operations of 30 days or more.
C. Failure to inform the Director of Public Works of cessation or discontinuation of operations
of any existing facility as required by this Section shall constitute a violation of any
approvals and be grounds for:
1. Litigation;
2. Revocation or modification of the permit;
3. Acting on any bond or other assurance required by this article or conditions of
approval of the permit;
4902-27654694 v8 28
4. Removal of the facilities by the City in accordance with the procedures established
under this code for abatement of a public nuisance at the owner's expense; and/or
5. Any other remedies permitted under this code or by law.
12.54.130. REMOVAL AND RESTORATION—PERMIT EXPIRATION, REVOCATION OR
ABANDONMENT.
A. Upon the expiration date of the permit, including any extensions, earlier termination or
revocation of the WTP or abandonment of the facility, the permittee, owner or operator
shall remove in ninety (90) days its wireless telecommunications facility and restore the
site to the condition it was in prior to the granting of the WTP, except for retaining the
landscaping improvements and any other improvements at the discretion of the City.
Removal shall be in accordance with proper health and safety requirements and all
ordinances, rules, and regulations of the City. Expired, terminated or revoked wireless
telecommunications facility equipment shall be removed from the site at no cost or
expense to the City.
B. Failure of the permittee, owner or operator to promptly remove its facility and restore the
property within ninety (90) days after expiration, earlier termination or revocation of the
WTP, or abandonment of the facility, shall be a violation of this code. Upon a showing of
good cause, an extension may be granted by the Director of Public Works where
circumstances are beyond the control of the permittee after expiration. Further failure to
abide by the timeline provided in this Section shall be grounds for:
Prosecution;
2. Acting on any security instrument required by this chapter or conditions of approval
of permit;
3. Removal of the facilities by the City in accordance with the procedures established
under this code for abatement of a public nuisance at the owner's expense; and/or
4. Any other remedies permitted under this code or by law.
C. Summary Removal. In the event any City director determines that the condition or
placement of a wireless telecommunications facility located in the public right- of -way
constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent
threat to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), such director or City engineer may
cause the facility to be removed summarily and immediately without advance notice or a
hearing. Written notice of the removal shall include the basis for the removal and shall be
served upon the permittee and person who owns the facility within five (5) business days
of removal and all property removed shall be preserved for the owner's pick-up as feasible.
If the owner cannot be identified following reasonable effort or if the owner fails to pick up
the property within sixty (60) days, the facility shall be treated as abandoned property.
D. Removal of Facilities by City. In the event the City removes a wireless telecommunications
facility in accordance with nuisance abatement procedures or summary removal, any such
removal shall be without any liability to the City for any damage to such facility that may
result from reasonable efforts of removal. In addition to the procedures for recovering costs
4902-2765-4694 v8 29
of nuisance abatement, the City may collect such costs from the performance bond posted
and to the extent such costs exceed the amount of the performance bond, collect those
excess costs in accordance with this code. Unless otherwise provided herein, the City has
no obligation to store such facility. Neither the permittee, owner nor operator shall have
any claim if the City destroys any such facility not timely removed by the permittee, owner
or operator after notice, or removal by the City due to exigent circumstances.
12.54.140. EFFECT ON OTHER ORDINANCES
Compliance with the provisions of this chapter shall not relieve a person from complying with any
other applicable provision of this code. In the event of a conflict between any provision of this
chapter and other sections of this code, this chapter shall control.
12.54.150. STATE OR FEDERAL LAW.
The implementation of this chapter and decisions on applications for placement of wireless
telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of
this chapter are satisfied, unless it is determined that the applicant has established that denial of
an application would, within the meaning of federal law, prohibit or effectively prohibit the provision
of personal wireless services, or otherwise violate applicable laws or regulations. If that
determination is made, the requirements of this chapter may be waived, but only to the minimum
extent required to avoid the prohibition or violation.
12.54.160. LEGAL NONCONFORMING WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE RIGHT-OF-WAY.
A. Legal nonconforming wireless telecommunications facilities are those facilities that existed
but did not conform to this chapter on the date this chapter became effective.
B. Legal nonconforming wireless telecommunications facilities shall, within ten (10) years
from the date this chapter became effective, be brought into conformity with all
requirements of this article; provided, however, that should the owner desire to expand or
modify the facility, intensify the use, or make some other change in a conditional use, the
owner shall comply with all applicable provisions of this code at such time, to the extent
the City can require such compliance under federal and state law.
C. An aggrieved person may file an appeal to the City Council of any decision of the Director
of Public Works or other deciding body made pursuant to this Section. In the event of an
appeal alleging that the ten-year amortization period is not reasonable as applied to a
particular property, the City Council may consider the amount of investment or original
cost, present actual or depreciated value, dates of construction, amortization for tax
purposes, salvage value, remaining useful life, the length and remaining term of the lease
under which it is maintained (if any), and the harm to the public if the structure remains
standing beyond the prescribed amortization period, and set an amortization period
accordingly for the specific property."
SECTION 4: Severability. The City Council hereby declares that, should any provision, section,
subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof,
be rendered or declared invalid or unconstitutional by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the
validity of the remaining section or portions of the Ordinance or part thereof. The City Council
4902-27654694 v8 30
hereby declares that it would have independently adopted the remaining provisions, sections,
subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of
the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses,
phrases, or words may be declared invalid or unconstitutional.
SECTION 5: Publication. The City Clerk shall certify to the adoption of this Ordinance and shall
publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office
of the City Clerk at least five (5) days prior to the adoption and within fifteen (15) days after
adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the
names of the Council Members voting for and against the Ordinance.
SECTION 6: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED this _ day of , 2026.
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
4902-2765-4694 v8 31
Sandra Armenta, Mayor
ATTEST:
Ericka Hernandez, City Clerk
Attachment D
Fee Study
Informal Fee Study — Planning
Community Development staff currently processes requests for new wireless telecommunication facilities,
renewals to existing entitlements, administrative collocations, or Eligible Facilities Requests (also known
as Section 6409(a) requests, codified in 47 U.S.C. § 1455) as either a Conditional Use Permit or
Entitlement Plan Check Modification. Both permit types require similar review of submitted site plans,
forms, signed affidavits, design materials and overall package, but with or without a public hearing.
The proposed ordinance establishes two new permit types. The processing details are provided below for
each type of permit:
• Wireless Facility Permit - Discretionary
o Administrative Assistant: Intake of initial application, assist with application completeness,
collection of fees, creation of tracking folder, and staff assistance as needed
o Planner: Application processing, initial review (inspections, review of site plans, comment
letters, etc.), discussion with applicant, public hearing package (staff report, exhibits,
presentation, etc.)
o Planning and Economic Development Manager: Review of project and public hearing
package (review of staff report, resolution, conditions of approval, etc.), and staffing support
for public hearing
o Community Development Director: Final review of public hearing package (review of staff
report, resolution, conditions of approval, etc.) and staff support at public hearing
• Wireless Facility Permit -Administrative
o Administrative Assistant: Assists with application as needed
o Planner: Application processing, initial review (inspections, review of site plans, comment
letters), and discussion with applicant
o Planning and Economic Development Manager: Assists staff as needed
Both permit types require similar work by an Administrative Assistant, a Planner, a Planning and
Economic Development Manager, and a Community Development Director. However, Wireless Facilities
Permits - Discretionary also require consideration and approval by the Planning Commission. In both
cases, the amount and intensity of the work remain the same as it's currently processed.
After completing a staff conducted survey, the work involved in processing a Wireless Facility Permit -
Discretionary was determined to be equivalent to a Conditional Use Permit. In addition, the work involved
in processing a Wireless Facility Permit - Administrative was equivalent to the work required for an
Entitlement Plan Check Modification (Ministerial). The cost of staff reviews and processing for these two
permit types is equivalent, as broken down below:
New Fee
New Fee
Entitlement
Plan Check
Administrative
Modification
Wireless
Conditional
Wireless
Staff Equivalent(Ministerial)
Facility Permit
Use Permit
Facility Permit
Planner
5 hours
5 hours
6 hours
6 hours
Administrative
---
---
3 hours
3 hours
Assistant
Planning and
0.5 hours
0.5 hours
1.5 hours
1.5 hours
Economic
Development
Manager
Community
it
--
1 hours
I hours
Develo ment
Fee Amount
$672
$672
$1,635
$1,635
Informal Fee Study — Engineering Division
Public Works staff currently process requests for new wireless telecommunication facilities on a standard
hourly cost recovery basis, in addition to applicable Public Right -of -Way permit fees. The proposed
wireless facilities ordinance for requests in the public right of way establishes an application process for
both Administrative and Discretionary Wireless Telecommunications Permit types. The two permit types
require submission of similar application materials including site plans, application forms, photographs,
notarized documents, design materials and other required documentation to deem an application complete.
However, discretionary application submittals require additional supplemental documents and levels of
review. The processing details for each permit type are provided below:
Wireless Telecommunications Permit - Administrative
o Administrative Assistant: Intake of initial application, assist with application completeness
review, collection of fees, creation of tracking folder, and assistance as needed
o Associate Engineer: Process application, conduct initial review (inspections, review of site
plans, prepare comment letters, etc.), and coordinate with applicants
o City Engineer: Provide support and technical input as needed
Wireless Telecommunications Permit - Discretionary
o Administrative Assistant: Intake of initial application, assist with application completeness
review, collection of fees, creation of tracking folder, and assistance as needed
o Associate Engineer: Process application, conduct initial review (inspections, review of site
plans, prepare comment letters, etc.), and coordinate with applicants
o City Engineer: Review of project plans and supporting studies
o Director of Public Works: Conduct final review of project application package
o Independent Expert (Consultant): Conduct structural engineering and other technical
reviews as needed.
Staff conducted an internal assessment to estimate the level of effort required to process each permit type.
The estimated cost and staff hours are shown below:
Staff Equivalent
Administrative Wireless
Telecommunications
Permit (Hours)
Discretionary Wireless
Telecommunications
Permit (Hours)
Administrative Assistant
2 hours
2 hours
Ss-( a Engineer
4 hours
6 hours
_
C Engineer
_ 2 hours
_ 2 hours
Director of Public Works
N/A
1 hours
Base Fee
$961
$1434
_
Fourth and Subsequent
_
_ _
$320
$478
Submittal
Consultant Review
Actual Cost + 10%
Actual Cost + 10%
Attorney Review
Billed at hourly rate
---Billed-at-hourly rate
Attachment E
Resolution No. 2026-17
RESOLUTION NO. 2026-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD TO
AMEND AND AUGMENT THE CITY OF ROSEMEAD FEE SCHEDULE
WHEREAS, the City of Rosemead provides a variety of services to residents, businesses,
and developers, including but not limited to permitting, inspection, planning, and administrative
services; and
WHEREAS, the City of Rosemead has the authority to impose fees, charges, and rates
under its police powers pursuant to California Constitution Article XI section 7; and
WHEREAS, the City Council has the authority to establish and amend fees and charges
to recover the reasonable costs of providing such services pursuant to applicable provisions of
California law; and
WHEREAS, user fees are a charge for services provided by a governmental agency to a
public citizen or group; and
WHEREAS, the City of Rosemead has established user fees for various department -
related services; and
WHEREAS, the City Council of the City of Rosemead has determined that the cost of
providing certain services is not of general benefit but of benefit to the individual and, therefore,
fees should be required to pay for materials and special services performed by City staff; and
WHEREAS, the City Council has found it necessary to adjust fees for services, and to
maintain a comprehensive document which incorporates fees for services provided by the City
into one schedule, however, the City Manager has the authority to establish staff billing rates and
equipment charges by Administrative Policy on an as needed basis; and
WHEREAS, the user fees described in Exhibit "A" are hereby determined to be
reasonable in that the amount thereof does not exceed the estimated reasonable costs of providing
the services for which the user fees are proposed to be rendered; and
WHEREAS, notice of a public hearing on the changes to the user fees was published in
accordance with Government Code sections 66018 and 6062a; and
WHEREAS, a duly noticed public hearing before the City Council was held on April 21,
2026, at which public testimony was received and duly considered on the proposed changes to
the user fee; and
WHEREAS, to the extent applicable, the City has complied with the notice and timing
requirements of California Government Code section 66016 and California Government Code
section 66019.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and adopted as the findings
of the City Council and after consideration of the staff report, Study and public comment and
correspondence received, the City Council hereby approves and adopts the user fees set forth in
Exhibit "A".
SECTION 2. The adoption of this Resolution is not subject to CEQA review pursuant to
CEQA Guideline 15378(b)(4), which provides that the creation of government funding
mechanisms or other government fiscal activities that do not involve any commitment to any
specific project are not projects subject to CEQA review.
SECTION 3. The fees set forth in this Resolution shall be separately imposed for each
service described under Exhibit "A" to which the fees pertain; additional fees shall be required
for each additional service that is requested or required. Where fees are indicated on a per unit
of measurement basis, the fees are for each identified unit or portion thereof within the indicated
ranges of such units.
SECTION 4. It is the intention of the City Council to review the user fees as determined
and set out herein on a periodic basis as well as the City's costs reasonably borne as established
and, as and if warranted, to revise such fees based thereon.
SECTION 5. The adopted fees for services set forth in Exhibit "A" shall be automatically
adjusted for inflation on July 1 of every year by the percent change in the Consumer Price Index.
"Consumer Price Index" means the average of the percent change in Consumer Price Index for
Urban Clerical and Wage Earners, as reported by the Bureau of Labor Statistics or successor
agency, from the December of the preceding calendar year over the preceding December, for the
Los Angeles -Long Beach -Anaheim, CA area. Increases or decreases shall be rounded off to the
nearest dollar. In no event shall the fee collected exceed the actual cost of providing the service
by the City.
SECTION 6. The fees set forth in the Comprehensive Fee Schedule attached hereto as
Exhibit "A" are hereby approved and adopted and shall become effective immediately upon
adoption of this Resolution, except for those fees subject to Government Code section 66019,
which shall become effective no sooner than 60 days following adoption. Fees subject to annual
adjustment shall be automatically adjusted on July 1 of each year in accordance with Section 5
of this Resolution.
SECTION 7. If any action, subsection, sentence, clause or phrase of this Resolution or
the fees levied by this Resolution shall be held invalid or unconstitutional by a court of competent
jurisdiction, such invalidity shall not affect the validity of the remaining portions of this
Resolution or the fees levied by this Resolution that can be given effect without the invalid
provisions.
2
SECTION 8. All other resolutions in conflict herewith are hereby repealed.
PASSED, APPROVED, AND ADOPTED this 21' day of April, 2026.
Sandra Armenta, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF ROSEMEAD )
Ericka Hernandez, City Clerk
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution No. 2026-17 was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 21't day of
April, 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Exhibit A
City of Rosemead
Calhcornia
Town America
City of Rosemead
2025-26 Comprehensive Fee Schedule
Table of Contents
A.
B.
C.
D.
ADOPTING RESOLUTION
PLANNING FEES
ENGINEERING SERVICES FEES
BUILDING PERMIT FEES
PARKS AND RECREATION FEES
Page a
4
5
8
10
11
E.
F.
PUBLIC TRANSPORTATION FEES
CITY CLERK FEES
15
15
G.
FINANCE DEPARTMENT FEES
16
H.
PARKING/VEHICLE CITATION FINES
16
I.
ANIMAL CARE AND CONTROL FEES
19
J.
PUBLIC SAFETY FEES
20
K.
BUSINESS LICENSE FEES
20
L.
FILM PERMIT FEES
23
M.
SPECIAL EVENT PERMIT FEES
23
N.
CIVIL FINES (ADMINISTRATIVE CITATIONS)
24
0.
PASSPORT FEES
25
P.
FIREWORKS
25
3
2025-26 Comprehensive Fee Schedule
Adopting Resolution
PAGE INTENTIONALLY LEFT BLANK
Resolution 2026-17 Pending Approval
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
Fee Description Fee Amount
A. PLANNING FEES
General Plan Amendment $2,460 + $50 each additional parcel
Conditional Use Permit
Lot Line Adjustment $ 313
Landscape Review Cost + 10%
Tentative Parcel Map $1,605+$100/lot
Tentative Tract Map $1,602 + $100/lot
Single Family Residential Variance $ 1,358
Other Variances $ 1,602
Zone Changes $2,368+ $50 each additional parcel
Code Amendment
Design Review: Single Familv Home $1,115
Design Review: Multi Family (3 or More Units) $ 1,394
Design Review: Sign Design Review $ 1,055
Design Review: Master Sign Program 51,055
Design Review: New Nonresidential Structures $1,733
Design Review: Residential Commercial Mixed -Use $ 2,145
Design Review: Remodel with Additions to Nonresidential Structures $1,185
Design Review: Fgade or Site Improvement for Nonresidential Projects Only
$ 1,115
Review of Conditional Use Permit (Maximum 2 site inspections)
$ 293
Modification of Entitlements (Discretionary)
$ 1,115
Planned Development Review
$1,672
Covenants/Agreements
Cost + 10%
Relocation Impact Report (mobile home parks)
$ 2,090
Specific Plan Review (In-house)
Non-residential or Mixed Use
$975 per review
Residential - 2 or less units (maximum 3 reviews) $313 per dwelling unit
Residential - 3 or more units $857 per review
Specific Plan Review (Outsource) Cost+ 30%
Soecific Plan Amendment (Outsource) Cost+ 10%
Specific Plan Amendment - Text Change (In-house) $3,065+ $50 each additional parcel
Other Public Hearing Requests (modifications) $ 1,120
Other (IA County Clerk recording fee) Fee subject to LA County Fee Schedule
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
mik__�
Fee Description Fee Amount
Other Planning Items:
Pre -Application (optional)
$697 (one review per project)
With Workshop Noticing
$335 (one workshop per project)
Entitlement Plan Check Modification Fee (Ministerial)
$ 672
Publication Fee
$ 557
Expediting Fee
$ 2,680
Entitlement Extensions
$418 each
Residential Site Plan Review (maximum 3 reviews)
$313 per dwelling unit
Residential Tenant/Site Improvement/No New Sq. Ft.
$ 97
Non-residential Tenant/Site Improvement/No New Sq. Ft.
$ 313
Non-residential Site Plan Review (maximum 3 reviews)
$ 860
Lot Coverage Review (i.e. landscape and hardscape)
$ 34
Mechanical Elements Review
$ 34
Fence Plan Review
$ 34
Sign Plan Review
$ 286
Water Efficient Landscape Review
$ 265
Oak Tree Permit
$ 617
Negative Declaration Fee (Not including County charges)
Cost + 30%
Mitigated Negative Declaration (Not including County charges)
Cost + 30%
Categorical Exemption Fee
$ 85
EIR Plus Outside Consultant (Not including County charges)
Cost+ 10%
Mitigation Monitoring
Cost+ 10%
Other Environmental Reviews/Documents
Cost +10%
Administrative Determination
$ 593
Administrative Use Permit
$ 697
Density Bonus (i.e. Application, Document Review, etc.)
Cost + 10%
Development Agreement
Cost + 30%
Joint/Off-Site Parking Agreement
Cost + 30%
Minor Exception
$ 418
Reasonable Accommodation
No fee
Site Inspection
$ 34
Geologic/Geotechnical Review
Cost + 10%
Traffic Review
Cost+ 10%
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
OL4�
Fee Description Fee Amount
Zoning Verification Letter
Residential
$ 83
Nonresidential
$ 313
Accessory Dwelling Unit -Covenant
$111
Banner Permit
$ 27
Outdoor Sales (Nonresidential)
$ 66
Private Bus Application Review
$ 34
Temporary Use Permit $ 313
Yard Sale Permit First yard sale of each 12 -month
(Two yard sales are allowed per residence every six months. There is period is free.
no charge for the first yard sale of each 12 -month period.) $5 each additional yard sale
Vacant Lot Registration (includes inspection) $ 67
Wireless Facility Permit - Administrative [New Fee added April 21, 2026] $ 672
Wireless Facility Permit - Discretionary [New Fee added April 21, 2026] $ 1,635
Appeals:
Filing Fees (Planning Commission)
Filing Fees (City Council)
Development Impact Fees:
Single Use Zones
Residential
$ 857
857
Single Family $6,500(per dwelling unit)
Multi -Family $5,197(per dwelling unit)
Nonresidential
Retail
Office
Industrial
Mixed Use Zones
Residential
$1,997 (1,000 sq. ft)
Single Family $6,388(per dwelling unit)
Multi -Family $5,126(per dwelling unit)
Nonresidential
Retail
Office $1,812 (1,000 sq. ft)
Industrial $1,127 (1,000 sq. ft)
7
i
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
OL4
Fee Description Fee Amount
NOTE: Development Impact Fees are distributed to the four impacted categories (Traffic, Public Safety, General
Government, and Parks) in accordance with the Impact Fee Study approved June 9, 2015.
NOTE: Section 3 of Resolution 2015-07 states that unless otherwise revised, the fees established shall be adjusted
each fiscal year beginning on July 1, 2018 by a percentage equal to the percentage increase in the Engineering News
Record (ENR) Construction Price Index for the Los Angeles County Area.
Tract Map
Tentative Tract Map (Establishing Engineering and Public Improvement Conditions)
$ 627
Record Map Analysis:
$5,557 plus $150/lot plus 4,
1. Monument review
$ 644
2. Verification that map is consistent with conditions to tentative approval
$ 644
3. Map clearance and review of agreement and/or improvement securities
$ 418
4. Fourth and each subsequent check submittal
$ 1,059
Deferred Monuments
Monument Review
$ 415
Certificate of Compliance (Lot Line Adjustment)
Record Document Analysis, Clearance, and Processing
$ 2,786
Plus Parcel and:
$ 209
1. Verification of compliance with conditions of approval
$ 644
2. Review of agreements and/or improvement securities
$ 487
Plan Checking
1. Initial $1,044 plus 2 X percent of the first $50,000 plus 2 percent of
the next $100,000 plus 1 Y2 percent thereafter of the estimated
construction cost
2. Revision Actual cost
Same as initial plan checking
Construction Permits
1. Issuance Fee
$ 140
2. Initial Observation $557 plus 6 percent of first $100,000 plus 5 percent of next
$100,000 plus 4 percent thereafter of the estimated
construction cost
3. Modifications Observation Actual cost (an initial deposit is required) for all modifications
requiring plan revisions or as built.
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
9*4_�
Fee Description Fee Amount
Construction Permits in Richt of Wa
1. Driveway
$418/driveway
2. Close existing driveway opening
$418/driveway
3. Individual sidewalk
$418/location
4. Individual curb and gutter
$418/location
S. Individual alley improvement
$3/sq ft/location
6. Street trees $140/location for first tree plus $50/tree thereafter
7. Curb drain (curb only)
$209/drain
8. Parkway drain
$418/drain
9. Relocate existing drainage structure
$1,394/structure
Excavation Permits
1. Service cut
$24/cut and $2/sq ft of excavation
2. Sewer cut $347/connection to main; plus Service Cut Charges
Encroachment Permits
1. Stockpile material or waste in street right -of way or easement
$465/Stockpile
($150 Refundable)
2. Placing container for material or waste in a street right-of-way or easement
$532/Container
($325 Refundable)
3. Placing temporary structure or parking equipment in street right-of-way or
easement
$279/Structure or Piece of
Equipment
4. Pedestrian protection required by building code (Construction at parkway
grade)
$279/location
S. Street closures
Street closures
Lane closures
6. Commercial filming $557/working day plus $800/night, Saturday, Sunday or Holiday
7. Other Encroachments (deposit required) $69 issuance fee plus actual cost
Parcel Map
Tentative Parcel Map (Establishing engineering and public improvement conditions) $ 627
Record Map Analysis $4,296 plus $150/parcel and
1. Dedications $ 2,363
2. Monument review $ 644
3. Verification that map is consistent with conditions of tentative approval $ 644
4. Map clearance and review agreements and/or improvements securities $ 418
5. Fourth and each subsequent check submittal $ 1,184
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
`o"_T
Fee Description Fee Amount
Other Engineering Services
Easement/Vacation Deed Research & Review Cost + 30%
Covenant Agreement Research & Review Cost + 30%
Legal Description/Offer of Dedication Research & Review Cost + 30%
Preparation of Legal Description/Dedication Documents Cost + 10%
Plan Copies — Larger than 24" x 36" $5.00/page
Standard Hourly Review Charge $ 200
Standard Hourly Inspection Charge $133
Tree Planting In -lieu Fee: Residential $ 532
Tree Planting In -lieu Fee: Commercial $ 733
NPDES Fee Cost + 30%/plus ongoing inspection costs
Hourly Inspection - After Hours $ 529
Expedited Plan Check Review $ 491
Expedited Hourly Permit Review $ 501
Permit Re -Issuance Fee $ 304
Traffic Control Plan Review $201/plus ongoing inspection costs
Wireless Telecommunications Permit -Administrative Base Fee $961
[New Fee added April 21, 20261 As needed fees:
Fourth and Subsequent Submittal $320
Consultant Review Billed at Actual Cost+ 10%
Attorney Review Billed at Hourly Rate
Wireless Telecommunications Permit - Discretionary
[New Fee added April 21, 2026]
Base Fee $1,434
As needed fees:
Fourth and Subsequent Submittal $478
Consultant Review Billed at Actual Cost+ 10%
Attorney Review Billed at Hourly Rate
Per Section 15.04.030 o the Rosemead Municipal Code, fees for plan check, inspection and other miscellaneous services
shall be based on the most current fee set forth by Los Angeles County, Title 26, Fees and shall be increased by fifty (50)
percent
Green Building Fee (Senate Bill 1473) Set by State
Strong Motion Instrumentation Program Fee (SMIP) (CA Public Resource Code §2705) Set by State
10
Fee
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
Fee Amount
Administrative Fee (Patron initiated refunds)
Resident
$ 5
Non -Resident
$ 5
Pool Admission:
Daily recreation swim (17 and under)
$1
$ 1
Daily recreation swim (18 and over)
$ 2
$ 2
Season recreation swim (17 and under)
$ 28
N/A
Season recreation swim (18 and over)
$ 39
N/A
Family pass
$ 83
N/A
Lao Swim (Rosemead Pool):
Per visit
Resident
$ 3
Non -Resident
$ 5
20 visits
$ 44
$ 72
Lessons:
$ 50
$ 50
Group Swim Lesson —Youth (Rosemead)
$ 39
$ 56
Group Swim Lesson — Adult (Rosemead)
$ 44
$ 62
Group Swim Lesson —Youth (Garvey)
$ 39
$ 39
Group Swim Lesson — Adult (Garvey)
$ 44
$ 44
Private Lessons (one instructor one student) (Rosemead)
$ 112
$ 145
Private Lessons (one instructor one student) (Garvey)
$ 112
$ 112
Semi -Private Lessons (one instructor two or three students) (Rosemead)
$90 ea
$ 112
Semi -Private Lessons (one instructor two or three students) (Garvey)
$90 ea
$112
Aqua Aerobia (Rosemead)
$ 44
$ 72
Aqua Aerobics (Garvey)
$ 50
$ 50
Mermaid Class
$ 44
$ 62
Programs:
Senior Nutrition
$1.25
$ 3.25
Club Participant
S1.25
N/A
Camp Rosemead
Summer —1� Child $117 per week $140 per week
Summer -2 nd Child $105 per week $128 per week
Fall/Winter/Spring —1st Child $100 per week $122 per week
Fall/Winter/Spring-2nd Child $90 per week $112 per week
Senior Dances $ 5 $ 5
Sweetheart Jamboree $17 $ 23
11
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
_�
Fee Description Fee Amount
Classes:
Resident Non -Resident
Preschool classes — four days per week $424/qtr (10 wks) $467/qtr (30 wks)
Instructional Classes Fee Set by Instructor Fee Set by Inst+$5
Youth Sports (3 -14 year olds):
$44/Season $50/Season
Registration $50/Season $56/Season
Late Registration $56/Season $62/Season
Facility Use:
Auditoriums:
Garvey Center— Banquet Room
$95/hr
$155/hr
Garvey Center— FGT Room
$67/hr
$122/hr
Security Deposit
$ 300
$ 500
Rosemead/Garvey Kitchen
$39/hr
$67/hr
Meeting Rooms:
Rosemead Center — Rooms
$39/hr
$78/hr
Garvey Center— Rooms 103 & 104 (50)
$39/hr
$78/hr
Garvey Center— Room 103 (100)
$56/hr
$122/hr
Garvey Center— Rooms 108 & 109 (50)
$39/hr
$78/hr
Garvey Center— Room 108 (100)
$56/hr
$122/hr
Rosemead Center— Room 1
$67/hr
$122/hr
Rosemead Center— Room 2
$83/hr
$155/hr
Rosemead Center— Room 3 or 4
$39/hr
$78/hr
Security Deposit
$ 300
$ 500
Community Center Use During Non -Business Hours
(For otherwise exempt Government agencies, Rosemead -recognized non-
profits, and community Organizations): Where it costs the City to staff
facilities for such use, the Fully burdened hourly staff rate will be passed
on to the facility user.
Dinsmoor Gardens
Dinsmoor Gardens - 6 Hr. Rental $ 390 $ 780
Dinsmoor Kitchenette Usage (In conjunction with 6 Hr. Rental) $ 83 $112
Security Deposit $ 300 $ 500
12
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
k�
Fee Description
Special Event Insurance (Facility Use):
Hazard Class I:
Fee Amount
Resident Non -Resident
1-100
$ 100
$125
101-500
$ 130
$150
501-1500
$ 200
$ 225
Hazard Class II:
1-100
$140
$160
101-500
$ 235
$ 260
501-1500
S280
S300
Hazard Class III:
1-100
$ 215
$ 230
101-500
$ 360
$ 375
501-1500
$ 475
$ 525
Pool Facility Use:
RAC Lane Fee (3 Lane Minimum)
$17/1 -ane
$17/Lane
RAC (Pool and Deck Area Only)
$83/hr
$167/hr
Covered Picnic Area (34 canopy— During swim hours)
$39/hr
$67/hr
Lawn Area (Picnic) (During swim hours)
$39/hr
$67/hr
RAC (Exclusive Use)
$195/hr
$390/hr
Splash Zone (Exclusive Use)
$155/hr
$155/hr
Small Shade Shelter (During swim hours)
$44/hr
$44/hr
Large Shade Shelter (During swim hours) $56/hr $56/hr
RAC Lights $28/hr $56/hr
BBQ Renta I(RAC) $33/hr $33/hr
BBQ Renta I (Splash) $33/hr $33/hr
13
I
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
W
Fee Description Fee Amount
Pool Facility Deposits: Resident Non -Resident
Shelter Deposit $ 50 $150
Facility Deposit $ 300 $ 500
Lifeguard/Aquatic Staff (Splash min 4-6 required & RAC min 5-6 required) $23/hr $23/hr
Special Event Insurance (Pool Facility Use)
Hazard Class III:
1-100
101-500
501-1500
Park Facility Use:
$ 215 $ 230
$ 360 $ 375
$ 475 $ 525
Rosemead Park (Per Field) $25/hr $67/hr
Rosemead Park— Lights $39/hr $78/hr
Garvey Park (per Field)
$25/hr
$67/hr
Garvey Park—Lights (Per Field)
$39/hr
$78/hr
SportsComplex— Fields
$25/hr
$67/hr
SportsComplex— Lights
$39/hr
$78/hr
GarveyPark— Multi -Purpose Field
$25/hr
$67/hr
Garvey Park— Multi -Purpose Field w/Lights
$31/hr
$83/hr
GarveyPark—Gymnasium
$67/hr
$140/hr
Garvey Park—Gymnasium (Rosemead Non -Profit Teams Only)
$39/hr
N/A
Small Picnic Shelter Reservation (Day Use)
$ 67
$122
Large Picnic Shelter Reservation (Day Use) $ 95 $178
Zapopan Park Picnic Shelter (Day Use) $ 39 $ 78
Park Facility Deposits:
Field Security Deposit $ 60 $110
Field Security Deposit (Rosemead Non -Profit Teams Only) $100/season N/A
Staff At Cost At Cost
14
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
Fee Description Fee Amount
Resident Non -Resident
Miscellaneous Fee:
Vendor Booths— Special Events: Rosemead non-profit organizations will be required to pay 75% of a proportional
share of City costs for booth operation including Los Angeles County fees and associated rental costs. Other non-
profit organizations will pay a proportional share plus $50. All other vendors will pay a proportional share plus
$150. All vendors are required to pay a $50 deposit of total fees at time of event application. Deposit will be
forfeited for vendors cancelling within 45 days prior to first day event.
Event admission Event admission plus
Excursions plus 10% 25%
Military Street Banners $ 150 $150
Garden Plot $1.20/sq ft annually N/A
Memorial Bench and Tree Fee Cost plus 30% Cost plus 10%
Senior Bus Pass
Rosemead GO Plus
Rosemead GO
Subpoenas — Documents (Government Code §68096.1)
$ 15
Subpoenas — Personal Appearance — (Govt Code §68096.1 / Penal Code §1329)
$ 275
Actual Attendance (per person/per day)
Fully Burdened Hourly Rate
Mileage Traveled (both ways/per mile)
IRS Standard Rate
Certification of Copies
$ 10
Proof of Life Certification
$ 30
Photocopies of documents — per page
$ 0.20
Photocopies of documents larger than 8 Y2 x 11 (per page)
$1.00
Photocopies of FPPC documents (Govt Code Section 81008)
$ 0.10
Copies of Electronic Records that have to be Constructed, Programmed &
Computer Services Necessary to Produce a Copy of the Record (Govt Code
§6253.9(2)(a -g))
Actual Cost
Search and Retrieval Fee for FPPC Documents Five Years or Older (Govt Code §81008)
$ 5
Notary Fee per Signature
$ 15
Plans and Specifications - walk-in
$ 33
15
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
Fee Description Fee Amount
Plans and Specifications - mailed $ 56
Ownership Notification List $ 27
General Plan
General Plan
Zoning Map $16/each
Zoning Requirements No charge
Zoning Ordinance $45/each
Candidate Nomination Filing (Elections Code §10228) 525
Candidate Statement Deposit $3,000
DEPARTMENTG. FINANCE
NSF Check— First Check (Govt Code §6157 (b)) $ 25
NSF Check—Second and Each Subsequent Check (Govt Code §6157 (b)) $ 35
Credit Card Transaction Fee (NEW FEE) 3% of Transaction Amount
H. 'A'CITATION
CVC 4000 (a) Registration Required (If Not Corrected) $ 73
CVC 4152.5 Failure To Apply For Registration $ 38
CVC 4152.5
With Proof of Correction
$ 35
CVC 4454 (a)
Registration Card
$ 38
CVC 4454 (a)
With Proof of Correction
$ 35
CVC 4457
Mutilated Or Illegal License Plate
$ 38
CVC 4457
With Proof of Correction
$ 35
CVC 4462 (b)
Evidence Of Registration —Wrong Vehicle
$ 38
CVC 5200
Display of License Plate
$ 38
CVC 5200
With Proof of Correction
$ 35
CVC 5201
Position of License Plate
$ 38
CVC 5201
With Proof of Correction
$ 35
CVC 5201(f)
Plate Clearly Visible
$ 38
CVC 5201 (f)
With Proof of Correction
$ 35
CVC 5202
Period of Display
$ 38
CVC 5202
With Proof of Correction
$ 35
CVC 5204 (a)
No Tags
$ 73
16
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
*4�
Fee Description Fee Amount
CVC 5204 (a)
With Proof of Correction
$ 35
CVC 27155
Fuel Cap Required
$ 38
CVC 21113 (a)
Unlawful Parking - Public Grounds
$ 53
CVC 22500 (a)
Parking Within Intersection
$ 53
CVC 22500 (b)
Parking On Crosswalk
$ 53
CVC 22500 (c)
Parking/Safety & Curb (Marked With Red Paint)
$ 55
CVC 22500 (d)
Parking Within 15ft. From Fire Station Entrance
$ 68
CVC 22500 (e)
Parking In Front of Public/Private Driveway
$ 53
CVC 22500 (f)
Parking On Sidewalk
$ 53
CVC 22500 (g)
Parking Along Excavation
$ 53
CVC 22500 Q)
Parking In Tunnel
$ 53
CVC 22500 (k)
Parking On Bridge
$ 53
CVC 22500 (1)
Parking — Blocking Wheelchair Ramp
$ 258
CVC 22500.1
Parking In Fire Lane (Properly Marked And Posted)
$ 78
CVC 22502 (e)
Curb Parking One -Way Roadway
$ 53
CVC 22507(a)
Illegal Stopping, Parking Or Standing Of Vehicles
$ 500
CVC 22507.8 (a)
Disabled — No Visible Placard Or Plate
$ 338
CVC 22507.8 (b)
Parking— Blocking Handicapped Space
$ 338
CVC 22507.8 (c)
Parking in Disabled Crosshatched Boundary Lanes
$ 338
CVC 22515
Unattended Vehicle
$ 53
CVC 22516
Locked Door — No Escape
$ 48
CVC 22517
Open Door Into Traffic Lane (Driver's Side)
$ 68
CVC 22521
Parking on Railroad Tracks
$ 43
CVC 22522
Parking Near Sidewalk Access Ramp
$ 288
CVC 2523(a)(b)
Abandonment Prohibited
$113
LAC 15.20.070
Failure to Obey Signs/Curb Markings (Altered)
$ 50
LAC 15.20.070
Failure to Obey Signs/Curb Markings (Time Limits)
$ 63
LAC 15.20.130
Parking Space Markings
$ 50
LAC 15.48.050
Vehicle Exceeding Posted Weight Limits
$ 55
LAC 15.48.060
Vehicle Exceeding 14,000 Lbs. — Posted
$ 55
LAC 15.64.010
Stopping Prohibited, Parking Time Limits
$ 50
LAC 15.64.020
Parking in Loading Zones (commercial)
$ 78
LAC 15.64.030
Parking Time Limit — Post Office
$ 48
17
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
W
Fee Description Fee Amount
LAC 15.64.040 Parking at Mailbox $ 48
LAC 15.64.050 No Commercial Parking (more than 6,000 lbs) 2:00 am to 6:00 am/ Residential Zone (5 excep $ 78
LAC 15.64.052 No Commercial Parking (more than 10,000 lbs) in Residential Dist at anytime (5 exceptions) $ 78
LAC 15.64.055 Commercial Vehicle (more than 6,000 lbs) Parked in Violation of Posted Limits $ 78
LAC 15.64.100 Parking, Disconnected Trailer $ 53
LAC 15.64.110 Parking in Bus Zone $ 263
LAC 15.64.120 Parking In Passenger Zone 553
LAC 15.64.130 No Parking—Alleys $ 53
LAC 15.64.140 Temporary No Parking/Street Sweeping $ 53
LAC 15.64.210 Key in Ignition/Unaltered Vehicle $ 53
LAC 15.64.220 Parking on Grades $ 48
LAC 15.64.230 Parking More Than 18 In. From Curb $ 50
LAC 15.64.240 Angle Parking $ 48
LAC 15.64.250
Double Parking
$ 53
LAC 15.64.260
No Parking At Any Time
$ 55
LAC 15.64.270
Parking On Private Or Public Property Without Consent
$ 53
LAC 15.64.271
Parking In Front Yard
$ 40
LAC 15.64.280
Parking on Wrong Side Of The Street
$ 53
LAC 15.64.290 Parking Between Curb And Adjacent Property $ 53
LAC 15.64.300 Blocking Street $ 53
LAC 15.64.310 Parking of Vehicle Transporting Hazardous Materials $ 363
LAC 15.64.320 Blocking Driveway On Private Street $ 53
LAC 15.64.330 Parking Within Intersection $ 53
LAC 15.64.350 Parking Special Hazard $ 53
LAC 15.64.360
Parking Adjacent to School
$ 53
IAC 15.64.370
Parking Within 15ft Of Fire Hydrant
$ 68
LAC 15.64.390
Parking In Assigned Parking Space
$ 53
LAC 15.64.400
Disabled Parking On Street
$ 338
LAC 15.64.410
Disabled Parking Off Street
$ 338
LAC 15.76.080
Parking on Sidewalk
$ 53
LAC 15.76.120
Repairing Vehicles On Street
$ 53
LAC 15.76.130
Washing Vehicles On Street
$ 53
LAC 17.04.370
Parks- Unauthorized Parking
$ 53
18
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
-�
Fee Description Fee Amount
LAC 9.12.1410 Obstructing Emergency Access Routes $ 68
Overnight Parking Permit Commercial $ 60
Expired Registration Tags $ 73
DUI Cost Recovery $ 573
Impounded Vehicle Admin Fee $162
Stored Vehicle Admin Fee $103
I. ANIMAL CARE AND CONTROL FEES
Dog Licensing:
New/renewal for male or female $ 34
New/renewal for spayed or neutered with certificate $ 21
New/renewal for spayed or neutered with certificate Owned by senior citizen (60 yrs. and older) $ 8
Dog license penalty fee if paid 30 days after expiration date $ 23
Dead Animal Disposal:
Picked up from owner by Animal Control —small (less than 30 pounds)
No fee
Picked up from owner by Animal Control —small without a dog license (less than 30 pounds)
$ 34
Picked up from owner by Animal Control — cat
No fee
Picked up from owner by Animal Control — large (more than 30 pounds)
No fee
Picked up from owner by Animal Control — large without a dog license (more than 30 pounds)
$ 57
Delivered by Animal Control
No fee
Delivered to Animal Control by business
No fee
Animal Relinquishment by owner:
Picked up by Animal Control - small $ 56
Picked up by Animal Control - litter $ 56
Picked up by Animal Control - small livestock $ 56
Picked up by Animal Control - single large animal $ 279
Special handling by Animal Control Officer Cost+ 30%
19
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
��
Fee Description Fee Amount
Live Scan Fees
Department of Justice (DOJ) $ 32
FBI $ 49
Administrative Fee (In addition to above Live Scan Fees) $ 31
1
i
Title 5 of the Rosemead Municipal Code - §5.04 through §5.52.03
All Businesses are Required to Pay the CA State Mandated CASp Fee with each New or Renewed Business License: $4/yr
Criminal Background Check (Requires additional Livescan Fee paid to Public Safety Dept) $ 110
Duplicate License (Reproduction of Original) $ 5
New Renewal
* Adult Business
Model Studio
$1,752
$1,752
Performer
$150
$125
Book Store
$ 2,228
$ 1,737
Cabaret
$ 1,981
$1,737
Motion Picture Arcade
$ 1,988
$1,737
Motion Picture Theater
$1,836
$1,577
Theater
$1,836
$1,577
Ambulance/Ambulette:
* Owner/Operator
$179
$ 75
Each Vehicle
$ 139
$ 139
Apartments:
5-10 Units
$ 86
$ 65
11-15 Units
$104
$ 65
16 -Over Units
$178
$109
* Billiard Room
$ 390
$151
Bingo:
Bingo Games
$ 30
$ 30
Boarding House
$ 84
$ 66
* Body Art Establishment
$ 2,254
$ 238
* Body Art Technician
$ 252
$ 233
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
L4-�
Fee Description Fee Amount
Book Store
$ 354
$151
Bowling Alley
$ 392
$ 247
Card Club
$ 380
$181
* Casino/Tour Bus Company
$ 233
$ 83
Casino/Tour Bus First Vehicle
$ 132
$132
Additional Casino/Tour Bus Vehicle
$ 57
$ 57
Charitable Institutions
$ 2
$ 2
Close Out Sale:
60 days
$ 107
30 days
$ 80
Coin Operated Game— Each
$ 104
$ 89
Cold Storage Locker
$ 86
$ 84
Dance Establishment License - Annual
$ 403
$176
Entertainment:
* With dance license
$ 140
$ 140
* Without dance license
$ 508
$ 285
Exhibition
$ 444
$ 194
Fertilizer Plant
$ 110
$ 81
Filling Stations — Car Wash
$ 100
$ 75
Foundry
$ 260
$ 218
* Fortune Telling
$ 600
$ 325
Funeral Escort Business
$100
$ 75
Gardener (Weed Eradicator)
$ 100
$ 75
Game Arcade: 4 or more
$ 391
$ 170
Gasoline and Oil Truck
$ 100
$ 75
* Gun Dealer
$145
$ 99
* Health/Fitness Facility
$ 1,750
$ 276
Home Based Occupancy
$100
$ 75
Hotel/Motel
$ 97
$ 69
Identification Cards
$128
$ 97
Launderette:
Coin Operated
$ 71
$ 57
Dry Cleaner
$ 71
$ 57
21
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
Fee Description Fee Amount
* Locksmith
$ 73
$ 66
Lumberyard
$ 406
$ 337
* Massage Parlor
$ 2,174
$ 238
* Massage Technician
$ 220
$ 220
Model Studio
$ 466
$191
Motor Vehicle:
$100
$ 75
Body and Fender
$142
$100
Lube and Tune
$ 142
$ 100
Rental
$100
$ 75
Painting
$142
$100
Repair
$142
$100
Nursery—Plants
Outdoor Festival
Religious Worship
$100
$12
$75
All Others
$ 532
Additional Day
$185
Pawn Broker
Peddler: (Includes Catering and Ice Cream Trucks)
* Commercial Motor Vehicle
$ 114
$ 168
$ 104
$ 156
Special Event
$ 31
$ 31
Picture Arcade
$ 416
$173
Pony Ride
$ 37
$ 37
Poultry Dealer
$ 100
$ 62
Public Eating/Food Establishment
$162
$141
Retail —General (Food Establishment)
$100
$ 75
Rides—Mechanical
$152
$90
Salvage collector for vehicle:
For -Profit
5173
5110
Non — Profit $2 $2
School Private $ 280 $125
* Solicitor $ 175 $ 156
Studio-- Dance $ 280 $125
Tobacco Retail License Fee $ 235
f
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
OL --
en
Fee Description Fee Amount
Taxicab/Shuttle Service:
* Driver
$ 175
$156
* Owner
$ 233
$ 83
Cab/Shuttle—Vehicle
$ 132
$132
Additional Cab/Shuttle
$ 57
$ 57
Theatre
$ 478
$ 251
Tow Truck
$ 91
$ 86
Traveling Show or Circus
First Day
$ 650
Additional Day
$ 338
Carnival Game Booth (Each)
$ 25
Valet Parking Service
$ 133
$128
*Requires Sheriff background check and/or inspection
Late Payment Penalties
Penalties apply to late Business License payments as follows:
25% penalty -1 to 89 days after Expiration date
If fees are not paid within 90 days, a new application must be submitted.
L. FILM PERMIT FEES
Permit Fees $140 per day
Community Services Officer Fully Burdened Hourly Rate
Parking Control Officer Fully Burdened Hourly Rate
Code Enforcement Officer Fullv Burdened Hourly Rate
LASD Fully Burdened Hourly Rate
Daily Permit Fees (filing application 60 days or more of event) $347 per day
Daily Permit Fees (filing application 59 to 30 days of event) $659 per day
Community Services Officer Fully burdened hourly rate
Parking Control Officer Fully burdened hourly rate
Code Enforcement Officer Fully burdened hourly rate
LASD Fullv burdened hourly rate
23
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
�4�
Fee Description Fee Amount
N. CIVIL FINES (Administrative
Pursuant to Ordinance No. 918, which authorized the issuance of Administrative Citations that impose civil fines upon
those who violate the Rosemead Municipal Code; and pursuant to Section 1.20.040 of the Rosemead Municipal Code
which provides that fines, interest and penalties shall be set by City Council resolution, Resolution No. 2011-45
established the fines, interest and penalties for municipal code violations as follows. (The following has been reprinted
from Resolution No. 2011-45 for purposes of information and ease of reference.)
1 Fines. Violations of the Municipal Code of the City of Rosemead shall be subject to the fines shown below. A
subsequent violation is any violation where the cite was cited one or
more times in the preceding twelve (12)
months for the same violation, unless the violation was cancelled pursuant to Chapter 1.20.
Fine for First
Fine for second
Fine Subsequent
Code Section
violation:
violation:
Violation:
Violation of RMC Titles:
5 — Business License and Regulations
$ 250
$ 500
$1,000
16—Subdivisions
$ 250
$ 500
$1,000
17—Zoning
$ 250
$ 500
$1,000
Violation of RMC Titles:
8—Health and Safety
$ 1,000
$ 1,000
$1,000
Violation of RMC Title:
15 — Building and Construction
$ 100
$ 500
$ 1,000
Violation of RMC Section:
9.12.040 — Damaging Property
$ 500
$1,000
$ 1,000
10.24—Operation and Parking of Private Buses
$ 500
$1,000
$ 1,000
Violation of all other Code sections.
$ 100
$ 250
$ 500
2 Administrative Fee —All citations shall incur an administrative fee. $27
3 Late Penal — A penalty of 10% will be added on any delinquent fines on the last day of each month after the due
date. This penalty will be imposed and collected according to the discretion of the City Treasurer upon considering
such factors bearing on the practicability as to the cost to compute the amount owed the amount of penalty due,
and its collectability. The purpose of granting this discretion to the Treasurer is to not require collection of interest
when it would not be cost effective.
Collections — Fines that are delinquent for sixty (60) days or more and total at least $250 shall be processed
through the abatement and/or assessment procedures specified in section 1.20.150 of the Municipal Code. All
other delinquent fines may be referred to a collection agency as determined by the City Treasurer.
24
City of Rosemead
FY 2025-26 Comprehensive Fee Schedule
lftk—
Fee Description Fee Amount
5 Shopping Cart — All citations that relate to shopping cart violations shall be $50 for the first offense and $100 for
the second offense. These violations include Removal, Abandonment or Possession of a shopping cart pursuant to
Municipal Code Section 9.12.080. This fine can be reduced to zero if, within ten days, the individual cited can show
that a hand cart was purchased. The individual must show proof that they have purchased a hand cart by
providing a receipt to the Rosemead Public Safety Center within ten days. The violation may only be waived for
the first offense.
PASSPORT
Passport Processing Fee Fee set by U.S. Department of State
Passport Photo $ 17
P FIREWORKS
Firework Stand Fees $ 250
Refundable Deposit $ 300
25
Attachment F
Planning Commission Staff Report
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 2, 2026
SUBJECT: MUNICIPAL CODE AMENDMENT 25-01
�11
Municipal Code Amendment 25-01 (MCA 25-01) is a city -initiated amendment to Title 17
(Zoning) of the Rosemead Municipal Code intended to bring Chapter 17.54 (Wireless
Telecommunication Facilities) into compliance with Federal and State laws. The proposed
amendment would allow greater flexibility and responsiveness to Federal and State laws
while still preserving the City's traditional land use authority to the maximum extent
practicable.
ENVIRONMENTAL DETERMINATION
MCA 25-01 is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined
in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential for resulting in physical change to the environment, directly or
indirectly.
STAFF RECOMMENDATION
That the Planning Commission adopt Planning Commission Resolution No. 26-01 with
findings (Exhibit "A"), a resolution recommending that the City Council adopt Ordinance
No. 1032 (Exhibit "B") for the approval of MCA 25-01.
DISCUSSION
In 2015, the City Council adopted Ordinance No. 944, amending Chapter 17.54 (Wireless
Telecommunication Facilities) for the purpose of compliance with state and federally
mandated changes to procedures and standards governing the collocation of wireless
telecommunication facilities.
4933-7251-9314 v1
Planning Commission Meeting
March 2, 2026
Page 2 of 4
Since the last amendment, the City's authority to regulate wireless telecommunication
facilities have become more constrained over time, as various Federal and State
regulations have been adopted and amended over time, including:
Updates to 47 C.F.R. § 1.6100 et seq.; and
The Federal Communications Commission's (FCC) 2018 Declaratory Ruling and
Third Report and Order (FCC -18-133) also known as the "Small Cell Order' and
relates to wireless installations on private property; and
FCC' s 2020 Ruling regarding "Implementation of State and Local Governments'
Obligation to Approve Certain Wireless Facility Modification Requests Under
Section 6409(a) of the Spectrum Act of 2012."
Updated federal rulings require the City to approve an application for an eligible facility
request (EFR) if the proposed modification or collocation does not result in a "substantial
change" to existing support structure or facility and meets all other Federal requirements.
In addition, the Small Cell Order included regulations for the construction of wireless
communications equipment in the public right -of way, including installations on
streetlights and utility poles.
As a result of these changes in law, the Planning Division is proposing to amend Chapter
17.54 (Wireless Telecommunications Facilities) of the Rosemead Municipal Code to
incorporate new requirements for wireless facilities on private property while the Public
Works Department will incorporate requirements for wireless facilities in the public right
of way, specifically, Chapter 12.54 (Wireless Telecommunications Facilities in the Public
Right -of -Way).
Since the proposed amendments to Chapter 17.54 (Wireless Telecommunication
Facilities) make reference to definitions and provisions related to wireless
telecommunication facilities in the public right-of-way, a draft copy of Chapter 12.54
(Wireless Telecommunications Facilities in the Public Right -of -Way) has been attached
as Exhibit "C" and is available for reference only.
Proposed Municipal Code Amendments
To comply with updated Federal and State laws, the following amendments to Title 17
(Zoning) are outlined below:
Chapter 17.54 (Wireless Telecommunication Facilities)
• Definitions have been added, amended, or removed.
Establish procedures for new wireless telecommunication facilities.
o Approval of a Discretionary Wireless Facility Permit by the Planning
Commission. The Discretionary Wireless Facility Permit would replace the
existing Conditional Use Permit application process.
Establish procedures for wireless telecommunication facilities that qualify as an
"Administrative Collocation" or "Eligible Facilities Request"
4933-7251-9314 v I
Planning Commission Meeting
March 2, 2026
Page 3 of 4
Approval of an Administrative Wireless Facility Permit by the Community
Development Director. The Administrative Wireless Facility Permit would
replace the existing Site Plan Review application process.
• Addition of new code section related to Over -The -Air -Reception Devices, Federal
or State laws, and Violations.
• Removal of code sections that are no longer relevant.
Title 17 (Zoning)
The following land use tables have been updated to remove the Conditional Use Permit
application process and refer to Chapter 17.54 (Wireless Telecommunication Facilities)
for specific use regulations and permitting requirements:
• Table 17.20.020.1 — Uses In Commercial and Industrial Districts
• Table 17.21.020.1 — Uses in the Garvey Avenue Specific Plan District
• Table 17.24.020.1 — Uses in Special Purpose Districts
• Table 17.28.040.1 — Permitted Uses
Proposed Fee Structure
Subsection 17.120.060 (Application Fees) of Title 17 (Zoning) authorizes the City Council
to establish a schedule of fees for the processing of applications. The proposed changes
establish a new permit type, Wireless Facilities Permit, which can be processed
administratively or discretionarily with the Planning Commission. Staff is analyzing costs
for this permit type, which will be presented to the City Council at a later date.
MUNICIPAL CODE REQUIREMENTS
The findings required for a Municipal Code Amendment in Rosemead Municipal Code
Section 17.152.060 are contained in PC Resolution 26-01 (Exhibit "A").
PUBLIC NOTICE PROCESS
This item has been duly noticed in compliance with the noticing and public hearing
requirements of Chapter 17.156 (Public Hearings and Administrative Review) of Title 17
(Zoning), and Assembly Bill (AB) 2904 which further requires a 20 -day noticing period for
Planning Commission hearings on a proposed zoning ordinance or amendment to a
zoning ordinance if the proposed ordinance or amendment to a zoning ordinance affects
the permitted uses of real property.
4933-7251-9314 v
Planning Commission Meeting
March 2, 2026
Page 4 of 4
Prepared by:
Reviewed by:
Annie Lao Richard Marshalian
Senior Planner Planning & Economic Development Manager
Submitted by:
Lily Valenzuela
Director of Community Development
EXHIBITS:
A. Planning Commission Resolution No. 26-01
B. Draft Ordinance No. 1032
C. Draft Chapter 12.54 Wireless Telecommunications Facilities in the Public Right -of
Way)
4933-7251-9314 v1
EXHIBIT "A"
PC RESOLUTION 26-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1032 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 25-01,
AMENDING CHAPTER 17.54 (WIRELESS TELECOMMUNICATION
FACILITIES) TO BE IN COMPLIANCE WITH FEDERAL AND STATE
LAWS
WHEREAS, amendments to Title 17 (Zoning), specifically Rosemead Municipal
Code Chapter 17.54, Table 17.20.020.1, Table 17.21.020.1, Table 17.24.020.1, and
Table 17.28.040.1 are necessary to update the City's existing regulations for wireless
telecommunication facilities to be in accordance with Federal and State laws; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, on February 9, 2026 the item was duly noticed in compliance with the
noticing and public hearing requirements of Chapter 17.156 (Public Hearings and
Administrative Review) of Title 17 (Zoning), and Assembly Bill (AB) 2904, which further
requires a 20 -day noticing period for Planning Commission hearings on a proposed
zoning ordinance or amendment to a zoning ordinance if the proposed ordinance or
amendment to a zoning ordinance affects the permitted uses of real property.
WHEREAS, on March 2, 2026, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal Code
Amendment 25-01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. MCA 25-01 is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 2. The Planning Commission HEREBY RECOMMENDS the following
findings of fact do exist to justify City Council approval of Municipal Code Amendment 25-
01, in accordance with Section 17.152.060 of the Rosemead Municipal Code, as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed Municipal Code Amendment 25-01 addresses
established FCC regulations for wireless telecommunication facilities in the City of
Rosemead. The General Plan does not include explicit policies or discussion of Wireless
Telecommunication Facilities, which are regulated by Federal and State law and the
zoning code. The amendment updates to the code sections align with Federal and State
regulations which supersede existing restrictions in the zoning code or any specific plan.
The proposed amendment maintains the current consistency between the General Plan,
Specific Plans, and Zoning Code.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience or welfare of the City; and
FINDING: The proposed Municipal Code Amendment 25-01 will promote public
health, safety, and general welfare and serve the goals and purposes of Title 17 by
clarifying and complying with Federal and State law, which were established in the public
interest. The proposed amendment does not authorize any changes to the environment
and will have no impacts to properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: The proposed Municipal Code Amendment 25-01 adopts amendments
complying with FCC regulations for wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General Plan
and Zoning Code. Adopting the proposed amendment maintains consistency with all
other provisions of the Zoning Code by updating multiple cross references and use tables
to ensure there is no conflict.
SECTION 3. The Planning Commission HEREBY RECOMMENDS the City
Council adopt Ordinance No. 1032 for the approval of MCA 25-01.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 2, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION S. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 2026.
Chair Ung
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 2nd day of March,
2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lily Valenzuela, Secretary
APPROVED AS TO FORM:
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
EXHIBIT "B"
ORDINANCE NO. 1032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 25-01 AMENDING CHAPTER 17.54
"WIRELESS TELECOMMUNICATION FACILITIES" OF
ARTICLE 3 "REGULATIONS FOR SPECIAL USES AND
STRUCTURES" OF TITLE 17 "ZONING" OF THE CITY'S
MUNICIPAL CODE FOR THE PURPOSE OF COMPLYING
WITH FEDERALLY AND STATE LAWS GOVERNING
PROCEDURES AND STANDARDS RELATED TO
WIRELESS TELECOMMUNICATION FACILITIES ON
PRIVATE PROPERTY
WHEREAS, Chapter 17.152 of the Rosemead Municipal Code authorizes the Planning
Commission to consider and recommend proposed municipal code amendments to the City
Council; and
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and
map, including specific development standards, to control development; and
WHEREAS, given changes in Federal and State law, the City Council desires to amend
Chapter 17.54, Table 17.20.020.1, Table 17.21.020.1, Table 17.24.020.1, and Table 17.28.040.1 of
the Rosemead Municipal Code to allow greater flexibility and responsiveness to federal and state laws
while still preserving the City's traditional land use authority to the maximum extent practicable; and,
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Findings. The City Council HEREBY FINDS AND DETERMINES the
above recitals are true and correct and incorporated herein by this reference, and that facts do exist to
justify approving the proposed Municipal Code Amendment 25-01 in accordance with Chapter
17.152, Section 17.152.040 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any applicable specific plan;
FINDING: The proposed Municipal Code Amendment 25-01 addresses established FCC
regulations for wireless telecommunication facilities in the City of Rosemead. The General Plan
does not include explicit policies or discussion of Wireless Telecommunication Facilities, which
are regulated by Federal and State law and the zoning code. The amendment updates to the code
sections align with Federal and State regulations which supersede existing restrictions in the
zoning code or any specific plan. The proposed amendment maintains the current consistency
between the General Plan, Specific Plans, and Zoning Code.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: The proposed Municipal Code Amendment 25-01 will promote public health,
safety, and general welfare and serve the goals and purposes of Title 17 by clarifying and
complying with Federal and State law, which were established in the public interest. The proposed
amendment does not authorize any changes to the environment and will have no impacts to
properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable provisions of the Zoning
Code.
FINDING: The proposed Municipal Code Amendment 25-01 adopts amendments
complying with FCC regulations for wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General Plan and
Zoning Code. Adopting the proposed amendment maintains consistency with all other provisions
of the Zoning Code by updating multiple cross references and use tables to ensure there is no
conflict.
SECTION 2: Compliance with CEQA. The City Council HEREBY DETERMINES that
the proposed amendment does not authorize any changes to the environment and will have no impacts
to properties in the City or their surrounding environment. This Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 3: Code Amendment. RMC Chapter § 17.54 is amended to read as follows:
Chapter 17.54 - WIRELESS TELECOMMUNICATION FACILITIES
Sections:
Transfer of operation.
17.54.010
Purpose, intent and goals.
17.54.020
Definitions.
17.54.030
Applicability.
17.54.040
Exemptions.
17.54.050
Required approvals; expiration and renewal.
17.54.060
Application submission requirements.
17.54.070
Approval procedures — required findings.
17.54.080
Prohibited grounds for denial.
17.54.090
Requirements for administrative Collocation.
17.54.100
Eligible Facilities Requests .
17.54.110
Appeal — Wireless Facility Permits. .
17.54.120
Appeal—Administrative Collocation.
17.54.130
General development standards.
17.54.140
Design standards.
17.54.150
Noise.
17.54.160
RF and other emissions requirements.
17.54.170
Performance bond.
17.54.180
FAA Compliance.
17.54.190
Maintenance and security.
17.54.200
Maintenance responsibility.
17.54.210
Abandonment or discontinuance of use — removal of facilities.
17.54.220
Transfer of operation.
17.54.230
Revocation.
14.57.240
Over -The -Air -Reception Devices
17.54.2540
Wireless facilities in the public right-of-way.
17.54.2650
Nonconforming facilities.
17.54.2760
Fees.
17.54.280
State or federal law.
17.54.290
Violation.
17.54.010 - Purpose, intent and goals.
A. Purpose. The purpose of this Section is to provide a uniform and comprehensive set of
standards for the permitting, design, placement, affixing, attachment, mounting, construction,
erection, installation, collocation, development, use, operation, maintenance and modification
of wireless facilities, wireless transmission devices and related support structures and
accessory equipment on private property within the city of Rosemead.
B. Intent. Balanced against the goals of federal and state laws designed to promote more reliable
and cost competitive wireless service, the regulations set forth herein are intended to:
I . Safeguard the public health, safety and community welfare;
2. Preserve the aesthetic appearance of the Rosemead Community;
3. Promote the identification, examination and implementation of aesthetically innovative
yet reasonably feasible techniques for the design and siting of wireless facilities and
wireless transmission devices;
4. Promote approaches to designing and siting of wireless facilities and wireless
transmission devices which are more compatible and harmonious with their surroundings;
and
5. Promote the goals and policies of this Section and the Rosemead General Plan.
C. Goals. The goals of this Section are to:
1. Protect the visual character of the city of Rosemead from the potential adverse effects of
wireless facilities, wireless transmission devices, support structures and accessory
equipment;
2. Prevent the emergence and proliferation of visual blight along visually significant or
visually sensitive corridors within the city of Rosemead, including significant showcase
corridors;
3. Recognize the rights of wireless facilities operators and wireless transmission devices
under Federal law and State law, and harmonize those with the City's interest;
4. Encourage aser-sowners and operators of wireless facilities and wireless transmission
devices to locate such equipment in areas where any adverse impacts on the community
are optimally mitigated and, where pessibleaaaropriate ,encourage users of wireless
facilities to collocate those facilities with existing wireless facilities;
5. Encourage users of wireless facilities, which include accessory equipment, to configure
such equipment in a manner that minimizes their adverse visual impact;
6. Encourage the managed and aesthetically sensitive development of wireless facilities in
the city of Rosemead;
7. Ensure that approved wireless facilities, wireless transmission devices and related
accessory equipment and support structures are constructed and operated in a safe and
legally compliant manner; and
8. Establish uniform criteria and procedures for the construction, installation and operation
of wireless facilities, wireless transmission devices and related accessory equipment and
support structures.
17.54.020 - Definitions.
For purposes of this Section, the following terms shall have the meaning set forth herein:
"Accessory Equipment" means any equipment or device necessary for the operation of a wireless
transmission device and used in conjunction with a wireless transmission device and any related
support structure. Such equipment or devices include, but are not limited to, utility or transmission
equipment, power supplies, generators (including back-up generators), batteries, cables,
equipment buildings, cabinets and storage shed shelters or other structures.
"Administrative Collocation" shall have the same meaning as the term "collocation facility" as
defined under Section 65850.6 of the California Government Code which generally refers to a type
of collocation (as defined herein). Under Section 65850.6 of the California Government Code,
administrative collocation requires a nondiscretionary approval when all of necessary
circumstances and conditions set forth under SeetienSections 65850.6 and 65964.1 of the
California Government Code are met. Further, a nondiscretionary approval shall be issued for a
collocation when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012 and any Federal Communications Commission regulations or orders
issued to implement that Act.
"Alternative Siting Structure" means a building, structure or improvement (usually preexisting)
that is structurally and legally capable of serving as a siting platform for certain wireless
transmission devices and certain accessory equipment notwithstanding the fact that the support of
such systems is secondary and subordinate to the primary purpose, design and legal use of the
building, structure or improvement. "Alternative siting structures" include, but are not necessarily
limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features
incorporated into buildings which are capable of concealing and/or camouflaging a wireless
transmission device and related accessory equipment from public view. "Alternative Siting
Structures" do not include "support structures" as defined herein.
"Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real
property parcel.
"Antenna" means and refers to a type of wireless transmission device composed of any system
of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used
to transmit and/or receive electromagnetic waves, including, but not limited to, radio frequency
signals, for the purpose of conveying telephonic communications, video transmissions or
communications, written communications, radio communications, signs, signals, pictures and the
like. "Antenna" includes devices having active elements extending in any direction, and directional
beam -type arrays having elements carried by and disposed from a generally horizontal boom that
may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and
antenna support all of which elements are deemed to be part of the "antenna" and shall include,
but not be limited to:
1. "Antenna - Directional:" (also known as "panel" antenna) which transmits and/or receives
radio frequency signals in a directional pattern of less than three hundred sixty (360)
degrees;
2. "Antenna - Facade -mounted" which is any antenna directly attached or affixed to the
elevation of a building, tank, tower or other structure;
3. "Antenna - Flush -mounted" which is mounted to a structure which does not project above
the facade to which it is mounted;
4. "Antenna - Roof -mounted" which is mounted to the roof of a building or similar structure;
5. "Antenna - Ground -mounted" which is any antenna with its base placed directly on the
ground or mounted to a pole, lattice tower or other freestanding support structure
specifically constructed for the purpose of supporting the antenna;
6. "Antenna - Omni Directional' which transmits and/or receives radio frequency signals in
a 360 -degree radial pattern, including, but not limited to, any antenna designed to receive
video programming services via multipoint distribution services;
7. "Antenna - Parabolic' (also known as a "satellite dish antenna") which is any device
incorporating a reflective surface that is solid, open mesh, or a bar configuration that is
shallow dish, cone, hom, bowl or cornucopia shaped and is used to transmit and/or receive
electromagnetic or radio frequency communication signs [signals] in a specific
directional pattern;
8. "Antenna -Portable" which is any device used to transmit and/or receive electromagnetic
or radio frequency communications signals in a specific directional pattern, located on a
61
portable or movable base designed to be placed either for temporary or long-term use at
a given site.
"Applicant(s)" means and refers to any person(s) who, in accordance with the approval
procedures set forth under this section, applies for authorization:
1. To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain,
or modify a wireless facility, wireless transmission device, support structure and/or
accessory equipment within the city of Rosemead; or
2. Collocate an additional antenna or other additional wireless transmission device upon a
preexisting support structure or alternative siting structure already containing one or more
antenna or other wireless transmission devices.
"City Council" means the governing body of the city of Rosemead organized pursuant to Title 2,
Chapter 2.04 (City Council) of the Rosemead Municipal Code.
"Collocate", "Collocation" or "Collocating" means and refers to the act of placing, affixing,
attaching, mounting, constructing, erecting, and/or installing:
1. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon a preexisting support structure already containing one or more
antennas, wireless transmission devices and/or accessory equipment;
2. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon an alternative siting structure already containing one or more
antennas, wireless transmission devices and/or related accessory equipment; or
3. An additional wireless facility upon a single real property parcel already containing a
wireless facility or wireless transmission device, and related support structures, and/or
accessory equipment.
"Community Development Director" means the Community Development Director for the
Rosemead Planning Division or designee.
"COW" means a "cell on wheels," which is a Portable, self-contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a
location. A COW is normally vehicle -mounted and contains a telescoping boom as the antenna
support structure.
"De Minimis Level," when used in reference to the geographic scope of an existing or remaining
gap in personal wireless service network coverage for a personal wireless service provider,
necessarily refers to a level of coverage that is less than one hundred (100) percent seamless
coverage, but generally no greater than a small number of isolated dead spots or other small holes
in coverage within a greater service area. Where coverage holes are large or frequent in number
and size, and also extend to the interior of buildings in urban areas or to a significant number of
residences in well -populated areas, such gaps in coverage shall not be considered to be of a de
minimis level.
"Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the
Code of Federal Regulations which defines "dead spots" as small areas within a service area where
service is presumed notwithstanding the fact that field strength is lower than the minimum level
for reliable service.
"Eligible Facilities Request" shall have the same meaning as that definition provided for in
Chapter 12.54 of this Code.
"Fixed Wireless Service" means any service providing radio communication to or from antenna
structures at fixed and specified locations which are not designed to be moved during operation
N
and which offers the ability to access or receive communication from the public switched telephone
network.
"Federal Communications Commission" or "FCC" means that certain administrative
subdivision of the federal government of the United States of America which is generally
responsible for the regulation of telecommunications in the United States of America.
"Graffiti" shall have the same meaning as set forth at section 9.12. 100 of this Code.
"Guyed Structure" means and refers to a variety of support structure consisting of a single truss
assembly composed of sections with bracing incorporated. The sections of the "guyed structure"
are attached to each other, and the assembly is attached to a foundation and supported by a series
of wires that are connected to anchors placed in the ground or on a building.
"Lattice Tower" means and refers to a variety of support structure consisting of vertical and
horizontal supports with multiple legs and cross -bracing and metal crossed strips or bars.
"Monopole" means and refers to a variety of support structure generally consisting of a single
pole or shaft designed to support one or more antennas or other wireless transmission devices.
"Monopoles" are usually composed of two or more hollow sections that are in turn attached to a
foundation and such structures must be designed to support themselves without the use of guy
wires or other stabilization devices. The term "monopole" as defined herein does not include lattice
towers.
"Over -The -Air -Reception Devices" or `IOTARD" antenna means antennas covered by the
"over -the -air reception devices" rule in 47 C.F.R. Section 1.4000 et sea., as may be amended.
"Person" means a natural person or a business entity or organization, other than a public agency,
including a corporation, partnership, limited liability company, proprietorship, joint venture,
association, cooperative, estate, or trust.
"Personal Wireless Services" as used in this Section shall have the same meaning as applied to
the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section
332(c)(7)(C)(i)) which includes "commercial mobile services", "unlicensed wireless services", and
"common carrier wireless exchange access services". By way of example and not limitation,
"commercial mobile services" include federally licensed wireless telecommunications service such
as cellular services, personal communications services ('PCS"), specialized mobile radio services
("SMR"), enhanced specialized mobile radio services ("BSMR"), paging -and like services that may
be developed in the future.
"Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the
same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C.
Section 332(c)(7)(C)(ii)).
"Planning Commission" means the City Planning Commission for the city of Rosemead
organized pursuant to Chapter 2.28 of the Rosemead Municipal Code.
"Property Owner" means and refers to the person(s) who own(s) the real property parcel upon
which a wireless facility, wireless transmission device, support structure or accessory equipment
is or is proposed to be sited.
2. is designed to re a t.Jl:t,. t..2. «.. «..:.,..:,.«...
frequeney signals; and
7
"School District" means the Rosemead School District, the EI Monte Union High School District,
the Garvey School District and the Montebello Unified School District. The term "school district"
does not include any other variety of school district or like entity established or organized under
the laws of the State of California, including, but not limited to, any community college district.
"Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or
wireless transmission device which is disguised to appear as another natural or artificial object that
is prevalent in the surrounding environment or which is architecturally integrated into a building
or other concealing structure or improvement. "Stealth facilities" generally include camouflaged
structures such as monopalms, monopines or any other variety of monopole -supported wireless
facilities designed to look like a tree: or other camouflaged structures such as clock towers. "Stealth
facilities" may also include wireless facilities or wireless transmission devices, inclusive of
accessory equipment that are integrated into existing alternative siting structures such as flag poles
or light standards or which are integrated within design features of buildings such as church
steeples, parapets, faux chimneys, or other similar concealing design features.
"Support Structure" or "Support Structures" means a structure designed to support antenna(s)
or other wireless transmission devices to facilitate the transmitting and/or receiving of radio
frequency signals. Support structures include, but are not limited to, masts, monopoles, guyed
structures, lattice towers, and other like structures used to support wireless transmission devices.
The tern "support structure" does not include alternative siting structures as defined herein.
"Wireless Facility" or "Wireless Facilities" means and includes:
1. All "personal wireless service facilities," all "wireless telecommunications facilities" and
all "wireless telecommunications collocation facilities" as defined herein; and
2. Any single combination of wireless transmission devices, related accessory equipment
and/or related support structures used in conjunction with one another at a specific
location within a single real property parcel for the purpose of providing wireless services
as defined herein.
"Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who
owns a wireless facility, wireless transmission device, support structure and/or accessory
equipment sited within the city of Rosemead.
"Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service,"
"wireless video service" as the same are defined herein or any other variety of wireless service
involving the conveyance of telephonic communications, video transmissions or communications,
written communications, radio communications, signs, signals, pictures and the like by means of
wireless transmission devices.
"Wireless Service Provider" means any person who provides wireless services as defined herein
or who otherwise utilizes owns, leases, and/or operates a wireless facility or a wireless
transmission device within the city of Rosemead.
Ill I ...1 T.1 � � � ♦ � T _I:�.11 �_ Ill ] _1 _ T_I ' ♦' _ P '1' _II _l__11 1
"
"Wireless Transmission Device" or "Wireless Transmission Devices" means any apparatus or
device (excluding support structures or accessory equipment) designed for the transmitting and/or
receiving of radio frequency signals or other electromagnetic wave signals which convey
telephonic communications, video transmissions or communications, written communications,
H
radio communications, signs, signals, pictures and the like. Wireless transmission devices include
antennas as defined herein.
17.54.030 - Applicability.
This Section applies to the placement, affixing, attachment, mounting, construction, erection,
installation, collocation, development, use, operation and maintenance and modification of
wireless facilities, wireless transmission devices, support structures and related accessory
equipment as the same are defined herein.
17.54.040 - Exemptions.
The following uses shall be exempt from the provisions of this Section:
FA. Over -The -Air -Reception Devices
B. Public safety communications facilities owned and operated by the city of Rosemead or
the county of Los Angeles.
(n -a w,,. 93 1, c c.E.,,. n 10 71 13-)--C. Installation of a COW or a similar structure for a
temporary period in connection with an emergency or event at the discretion of the
Community Development Director, but no longer than required for the emergency or
event. This exemption only Uplies if the proposed COW does not involve excavation,
movement, or removal of existing facilities.
17.54.050 - Required approvals; expiration and renewal.
A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach,
mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless
facility, wireless transmission device, support structure and/or accessory equipment within the
city of Rosemead without a eenditienal use peFFnkWireless Facility Permit approved by the
Director Planning Commission, or the City Council in the course of an appeal, following a
shearing on the matter.
B.
the Planning Commission, or the G45, Geuneil in the eetirse ef an appeal, fellOwifig a H660ed
allowed as appFeved in subseetian C- of this Seetion.
Administrative Collocation.. and Eligible Facilities Request. If, following the submission of a
completed application form and all required materials set forth ^^a^' c....«:,... 4:7 94 060
....
'
FA. Over -The -Air -Reception Devices
B. Public safety communications facilities owned and operated by the city of Rosemead or
the county of Los Angeles.
(n -a w,,. 93 1, c c.E.,,. n 10 71 13-)--C. Installation of a COW or a similar structure for a
temporary period in connection with an emergency or event at the discretion of the
Community Development Director, but no longer than required for the emergency or
event. This exemption only Uplies if the proposed COW does not involve excavation,
movement, or removal of existing facilities.
17.54.050 - Required approvals; expiration and renewal.
A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach,
mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless
facility, wireless transmission device, support structure and/or accessory equipment within the
city of Rosemead without a eenditienal use peFFnkWireless Facility Permit approved by the
Director Planning Commission, or the City Council in the course of an appeal, following a
shearing on the matter.
B.
the Planning Commission, or the G45, Geuneil in the eetirse ef an appeal, fellOwifig a H660ed
allowed as appFeved in subseetian C- of this Seetion.
Administrative Collocation.. and Eligible Facilities Request. If, following the submission of a
completed application form and all required materials set forth ^^a^' c....«:,... 4:7 94 060
(Applieation Submission in the application, the Community Development
Director determines that a proposed collocation qualifies as an "administrative collocation" as
defined eh r_,.r,, hproposal Shall Ma ditie...i a effflit w..« r `Eli igble
Mt ems„ „„
Facilities Request' the proposed installation shall be approved by the Community
Development Director through the issuance of an administrative sellesat+en peFmit.Wireless
Facility Permit. The foregoing notwithstanding, an administrative eelleeatienWireless
Facility Permit approval shall be subordinate and subject to the conditions of approval
associated with the existine wireless facility to which it
relates
Commission r-egWations Or ^-aet^)., Also, the life of an administrative celleeatien-wireless
facility permit approval may not exceed the life of the underlying wireless
&Sc ertnit or other underlying discretionary authorization corresponding to the wifeless
administrative collocation f ^fir Eligible Facilities Request upon
which the proposed wireless transmission device and corresponding accessory equipment will
be placed or installed.
P Pre approved i Peatimig
lul
------------
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17.44.060 Appiieatien submission requirements.
17.54.060 - ADDlication submission requirements.
A. Applications for a wireless facility permit under this Section, a Ceer,,inated Antenna Plan ,._
fer the appr-eval of an administrative eelleeation shall be submitted to the Rosemead Planning
Division on a form approved by the Community Development Director.
B. The following information and documentation shall be required for all submittals:
1. Application Form. Each applicant shall submit a completed application form which must
include the following information:
11
_
_
.-
:..
0
..
17.44.060 Appiieatien submission requirements.
17.54.060 - ADDlication submission requirements.
A. Applications for a wireless facility permit under this Section, a Ceer,,inated Antenna Plan ,._
fer the appr-eval of an administrative eelleeation shall be submitted to the Rosemead Planning
Division on a form approved by the Community Development Director.
B. The following information and documentation shall be required for all submittals:
1. Application Form. Each applicant shall submit a completed application form which must
include the following information:
11
a. Applicant Information. The name, business address, telephone number, fax number
and, if available, e-mail address of the applicant or co -applicants. The following
persons must be identified as applicants/co-applicants on any application form:
1) The property owner;
2) The wireless service provider who will use the proposed wireless facility,
wireless transmission device and any related support structures and accessory
equipment; and
3) The wireless facility owner, if different from either the property owner or the
wireless service provider.
b. Project Location. The street address and assessor's parcel number of the real property
where the wireless facility, wireless transmission device, support structures and/or
accessory equipment will be located.
c. Property Easements. The location and description of all easements, including public
utility easements, encumbering the real property parcel where the wireless facility,
wireless transmission device, support structures and/or accessory equipment will be
located.
d. Coverage and Other Service Objectives. The applicant shall include the °*g
4*—Aa general summary of those specific service objectives which the applicant seeks
to attain or address through its proposal, (e.g., whether it is to add additional network
capacity; increase existing signal strength; or provide new radio frequency
coverage).
2) Ageneral a a y of the nature leeatie« e«d h;., boundaries o f a«.J.
e T vEr P
..d g in «et.. e..l. aeveFage and a summatof the see«e of a..eh a gap at
purpei4
raivvv-1naws�ortswithin its identified goo(uh'o-b ovnvoicS (c.p., ether a«..d..
Mefe it e4aendq t in building aaverage, in .eh:ele eaver-age a«d/er eutdeer
eev rage);
3) A general sumfnaFF h li ' good faith FF •d t'F. study i � r
poffiR
1 le «t«.a;. alta at:.a he
eh.din the eF 1 ....
ss «te:..e
stmea. l
types; atemave siting stmeture design, e.ngstealthf e;l:t.tihdiJ
designs; altemative a ale asize; and alternative siting options (e •'lte at;.
leeations within h eb ell.. ..ti« eAunitie«laee.e«t ,
alta alive siting..
tistretures); _ _e _ .. ..
A\ A general explanation as to wh., a eifie a msta«eea e«d;tions or ether
F d h Che al * r•dentified pars .a«tte subseetie.. n 1 (d)3)
:avaorrrcnaorcucm�raxc-a�ic�rmici�s"sivc�n�ncvprtxrova.�cc co �vv�c......... ....�..�.,�
C h' Section, above «able a fredueing an),« r«erted rover -age
cFA *R*Miq (PATI
e. Project Description. The applicant shall include the following information in the
application form:
1) A written description of the real property parcel where the proposed wireless
facility, wireless transmission device, support structure, and/or accessory
equipment, including parcel size, width, depth, the location of mature trees,
zoning designation and current use;
2) The type of wireless facility and/or the type, number and dimensions of wireless
transmission devices, support structures, and/or accessory equipment proposed;
12
3) The proposed height of the wireless facility
includingtotal otal height of etrythe faciliri which shall include camouflage or
stealth design features (i.e. faux branches above the antennas), the height of the
antennas and the height of and any proposed or existing support structure upon
which any wireless transmission device and/or accessory equipment may be
placed;
4) The specific location within the real property parcel of any proposed wireless
facility and any proposed wireless transmission devices, support structures or
accessory equipment;
5) The proposed location of all above -ground and below -ground wiring and
connection cables;
6) A detailed description of the design, shape, color(s), and material composition
of any support structures, accessory equipment and antennas or other wireless
transmission devices included as part of the proposal;
7) The design and screening treatment selected for the proposal;
8) Whether any proposed support structures or any existing support structure is
structurally suitable and capable of accommodating (i.e., collocating) additional
antennas or other wireless transmission devices as well as accessory equipment;
9) Whether the proposed wireless facility qualifies as an administrative collocation
as defined herein.
f. Maintenance and Monitoring Plan. The applicant shall include within any completed
application form a description of the anticipated maintenance and monitoring
program for the wireless facility, wireless transmission devices, accessory
equipment, e -support structures proposed or any landscaping that may be required
to camouflage the wireless facility.
g. Noise and Acoustical Information. An inventory and description of any proposed
noise -generating wireless transmission devices and accessory equipment, including,
but not limited, to air conditioning units and back-up generators. The description
shall set forth noise and acoustical information including anticipated decibel levels
of noise which would be produced.
h. Disclosure of Removal Costs. For the purpose of establishing the appropriate amount
of any performance bond or other security required under this chapter for the removal
of any approved wireless facility, wireless transmission device and related support
structures and/or accessory equipment, the applicant shall state the reasonable
estimated cost of removing any approved wireless facility, wireless transmission
device and related support structures and/or accessory equipment. The applicant shall
supplement the application with substantial evidence that corroborates its removal
cost estimate.
i. Administrative Collocation: If the applicant contends a proposed collocation
qualifies as an administrative collocation as defined herein, the applicant shall also
include a detailed explanation supported by substantial evidence which demonstrates
compliance with all requirements set forth under Section 65850.6 of the California
Government Code, the existence of all necessary circumstances and conditions set
forth under the same, and substantial evidence showing that the proposed facility will
not "substantially change the physical dimensions" of the existing facility as that
term has been defined and explained by Federal Communications Commission
13
regulations and orders. To qualify as an administrative collocation, this additional
information must be included at the time an application is submitted and approved.
2. Site Plan. Along with a eempleted applieation, eaehEach applicant shall submit a site plan
drawn to scale which depicts and identifies:
a. The precise location within a real property parcel of all proposed wireless facilities,
wireless transmission devices, support structures and/or accessory equipment;
b. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped
areas, and other significant natural features, walkways, driveways, parking areas,
streets, alleys, easements, and setbacks situated upon the real property parcel where
the wireless facility, wireless transmission device, support structures and/or
accessory equipment will be located, ineluding, ` - proposed adFainiss.Fitive
preposed in beth "befeFe" and "after" eanditiens based upon all proposed ealleeatien
c. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped
areas, and other significant natural features, walkways, driveways, parking areas,
streets, alleys, easements, and setbacks situated upon real property parcels
immediately adjacent to the subject real property parcel.
3. Elevations and Section Drawings. "long with a ,.,.mpleted ..ppli,...tien r `a Each
applicant shall submit elevations and section drawings of the proposed wireless facility
and/or all proposed wireless transmission devices, support structures, and accessory
equipment. The applicant shall also submit composite elevations from the street of all
buildings, structures and other improvements on-site.
4. Landseapinga Plan. n 1..ng :d.. Mr ple.ea , ppli ,.tion c ... ae Landscape Plan. If
gpplicable or required by the city, the applicant shall submit a landscape, screening and
landscape irrigation plan. Such plan shall identify and describe existing surrounding
landscaping and landscape vegetation (i.e., trees, shrubs and plants); identify and describe
vegetation to be removed; and depict and describe in terns of type, size and location
proposed plantings of new landscape vegetation. Such plan shall demonstrate how the
landscaping and landscape vegetation shall be designed and configured to screen wireless
facilities, wireless transmission devices, support structures, and accessory equipment
from public view or better camouflage stealth-designed facilities, devices and equipment.
Such plan shall set forth and describe an irrigation plan for any existing and proposed
landscaping surrounding the proposed facilities, devices and equipment and shall
demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of
vegetation. Such plan shall also set forth a plan for the preservation of existing, un-
removed vegetation during construction and installation phases. The landscape plan shall
also demonstrate the availability of any required irrigation facilities on-site. The
requirement for a landscape, screening and landscape irrigation plan shall not be required
for roof-mounted wireless transmission devices and accessory equipment, except that the
applicant shall still be required to submit a plan demonstrating and depicting any
screening of such equipment pursuant to this chapter.
5. Visual Analysis. "long witha eempleted applie"tion `'- eae Each applicant shall
submit a visual impact analysis including scaled elevation diagrams which:
a. Demonstrates the potential visual impacts of any proposed wireless facility, wireless
transmission device, support structure, or accessory equipment;
14
b. Includes before and after photo simulations from various locations and/or angles
from which the public would typically view the site and includes a map depicting
where the photos were taken; and
c. Where the installation would be readily visible from the public right-of-way or from
surrounding properties, the application shall include an explanation as to why, if
screening or other techniques to minimize the visibility are not proposed, such
approaches to reduce the visibility of the installation would not be feasible or
effective.
prepesed site.
6. Justification Report. Along with a completed application form, the applicant shall also
submit a justification report which:
Ylains in detail these r
seeks te attain or address through its proposal, (e.g., whether it is t ad -d- -AdddditiAnal
b T •Les a aepiets L. ....ary leeatien .,.,,1 a aphi. boundaries of ally
J
d
a. Includes justification maps which identify the applicant's search ring, the location of
alternative sites considered, the location of the proposed site, all existing and
approved wireless facilities and/or wireless transmission devices within a one -mile
radius of the proposed site and collocation opportunities or alternative site structure
opportunities within the search ring;
eb. Demonstrates, describes and explains in detail the applicant's good faith efforts to
identify, study, evaluate and consider other less intrusive alternatives, including the
use of less intrusive technologies and equipment; alternative system designs;
alternative siting structure types; alternative siting structure designs, including stealth
designs; alternative scale or size; and alternative siting options (e.g., alternative
locations within the search ring, collocation opportunities or placement upon
alternative siting structures);
fc. Explains how specifically identified circumstances, physical conditions or other
factors render each of the other alternatives identified, studied, evaluated and
considered
levelare not viable alternatives;
gd. Explains why and how the proposal for which the applicant seeks approval is the
least intrusive means in terms of feasible technology, system design, aesthetic design,
size, scale and location
level.
7. Propagation and Coverage Reports. Thelf applicable, the justification report shall be
accompanied by a radio frequency engineer's propagation and coverage report—al3d
15
doer, in
resultgap (e.g., whether it extends to in
it is the of._aaeq"e ..e.. ork rapaeity . This report may be required in the event
the applicant is seeking to install a wireless facility that is higher than the maximum
height allowed in the zoning district. Signal level indicators on maps must show specific
power levels on the map in colors easily distinguishable from the base paper or
transparency layer and must be adequately identifiable by radio frequency (RF) level in
dBm and map color or gradient in the map legend. The applicant shall submit maps
depicting existing coverage; the coverage provided by the
prepes47proposed installation. The propagation and coverage report and corresponding
maps shall be prepared by a qualified and duly licensed radio frequency engineer.
8. Narrative Description and Map of Other Facilities. "1,...,. with a ,.,.mpleted appliration
€efm, eaehEach applicant shall submit a narrative description and map disclosing and
depicting the exact location and type of all existing wireless facilities and wireless
transmission devices, including support structures, and accessory equipment owned
and/or used by the applicant to provide coverage within any portion of the city of
Rosemead whether or not such facilities, devices, structures or equipment are located
within the city of Rosemead or outside of the city of Rosemead.
9. FCC and CPUC Approvals. Aleng witha eempleted appl eatie" `efw eae Each
applicant shall submit true and correct copies of all valid and applicable licenses, permits
or other approvals required by the FCC or the California Public Utilities Commission
("CPUC") for the use, operation and maintenance, construction and placement of the
wireless facility, wireless transmission device(s), support structure(s), and accessory
equipment for which approval is sought. If no such licenses, permits or other approvals
are required of the applicant by the FCC or the CPUC, the applicant shall explain and
declare under penalty of perjury the reason why such licenses, permits or other approvals
are not required.
10. Radio Frequency Emissions and Signal Interference Analysis. Along with a eemp
applieiitien Each applicant shall submit a written analysis prepared by a
qualified and duly licensed radio frequency engineer which:
a. Determines and states the power rating for all wireless transmission devices and
accessory equipment included in the applicant's proposal;
b. Provides a description of the specific services that the applicant proposes to offer or
provide in conjunction with the proposed wireless facility or wireless transmission
device;
c. Verifies that the proposal, including all wireless transmission devices and accessory
equipment conform to the non-ionizing electromagnetic radiation ("NIER")
standards adopted by the FCC;
d. Confirms that the use and operation of all proposed wireless transmission devices
and accessory equipment will not exceed adopted FCC standards, including, but not
limited to, FCC requirements that power densities in inhabited areas not exceed the
FCC's Maximum Permissible Exposure ("MPE") limits for electric and magnetic
field strength and power density for transmitters. Such analysis shall address both
the individual impact of any proposed wireless transmission device and accessory
equipment, as well as their cumulative impact, if collocated upon a single support
16
structure or alternative siting structure; or if placed upon a real property parcel
already containing a wireless facility, wireless transmission devices, and/or
accessory equipment; or if placed upon a real property parcel immediately adjacent
to another real property parcel containing a wireless facility, wireless transmission
device, and/or accessory equipment;
e. Describes all appropriate operating parameters and maintenance requirements
necessary to comply with all applicable FCC standards, including radio frequency
emissions standards and standards relating to signal interference with consumer
electronic products and/or public safety communications;
f. Confirms that all proposed wireless transmission devices and accessory equipment
shall be operated in a manner that complies with FCC regulations regarding radio
frequency emissions and standards relating to signal interference with consumer
electronic products and/or public safety communications;
g. In addition its technical narrative and discussion of the issues to be addressed, the
analysis shall also include a nontechnical executive summary presented in a concise
and easy -to -read format that clearly explains in a nontechnical manner the current
site conditions, conditions with the proposed wireless facility, wireless transmission
devices and/or accessory equipment included and FCC thresholds as they relate to
all applicable emissions standards.
11. Collocation Agreement. Each application proposing the construction of a new monopole,
lattice tower, or guyed structure shall include a signed statement whereby the applicant
agrees, as a condition to any approval, to permit the collocation upon the support structure
to accommodate additional wireless transmission devices and accessory equipment. The
application shall also include a signed statement whereby the applicant agrees, as a
condition of any approval, to refrain from entering into any exclusive agreement(s) or
arrangement(s) that would prevent the type of collocation contemplated under this
subsection.
17.54.070 - Approval procedures --Required findings.
A. Investigation. Following the submission of a completed application form, as well as the
submission of all documents and materials required under Section 17.54.060, the Community
Development Director shall undertake a review and evaluation of the applicant's proposal for
the purpose of preparing a written report which evaluates the
proposal's compliance with the procedural requirements and standard conditions of this
chapter, as well as its consistency with the goals, standards, and objectives of this chapter and
the Rosemead General Plan. The report will evaluate the applicant's efforts to identify, study,
and consider alternatives and may recommend modifications and/or the addition of conditions
to be attached to the applicant's proposal as a condition of approval. The report shall also
contain a recommendation as to the disposition of the proposal for which eenditienal
asewireless facility permit approval is sought. If the applicant proposes and the Community
Development Director determines that an administrative collocation under this Chapter is
proper for the proposal, the application shall be considered under Section 17.54.090 and not
this Section.
B. Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute
the procedure for conducting public hearings on a ee�ieffal-wsewireless facility permit for
17
a wireless facility or wireless transmission devices, and any accessory equipment except as
otherwise specifically provided in this chapter.
C. Findings Necessary for Approval. No eendkienaPdsewireless facility permit shall be approved
unless Director, the Planning Commission, or the City Council in the course of an appeal,
makes all of the following findings supported by substantial evidenceapresented by
applicant:
1. The applicant has submitted all applicable information, documentation and materials
required under Section 17.54.060 or any other information necessary to support the
applicant's proposal;
2. The Wireless FaeimliPwireless facility, wireless transmission devices, and any accessory
equipment to be approved satisfies all applicable Federal and State requirements and
standards as to the placement, construction, and design, as well as all Federal and State
limits and standards concerning radio frequency emissions, signal interference with
consumer electronic products and/or public safety communications, and other applicable
operating and design standards;
3. The proposal to be approved complies with all -nandatai-J, requirements and restrictions
of this chapter; all applicable building and construction requirements of Title 15
(Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety
and fire prevention requirements set forth under the Rosemead Municipal Code, County
of Los Angeles Fire Code, and all applicable state fire safety and prevention laws;
4. The applicant has made a good faith effort to identify, study and evaluate less intrusive
alternatives, including the use of less intrusive technologies and equipment; alternative
system designs; alternative siting structure types; alternative siting structure design,
including stealth designs; alternative scale or size of proposal; and alternative siting
options (e.g., alternative locations within the search ring, collocation opportunities or
placement upon alternative siting structures);
5. In comparison to other identified, studied, and evaluated alternatives that are equally if
not more capable of addressing the applicant's service objectives, the proposal to be
approved is the most consistent with the standards, goals, and objectives of this chapter
and the Rosemead General Plan;
With respeet to prepesals fer persenal wifeless &eilities as defifted herein whieh are intended
to addressgaps in te..l eevan er-age,identified „ Ite....atiye shall be a sidered equally
M
.J Y Ye sal, .. if sueh .......
Jtetiye : eel" pable of rp.11 1 .. ...we.1 gr network
a r, r a
D. Findings Necessary for Denial of PeFsena4-Wireless SePii6�Facilities. Notwithstanding any
other findings made in support of the denial of a eeadi ienaP&sewireless facility permit under
this chapter, neither the Director Planning Commission nor the City Council in the course of
an appeal, may deny a eend4ielaal-asewireless facility permit unless one or more of the
following additional findings is made in writing:
1. The applicant has failed to present all of the information, documentation or material
required under Section 17.54.060, above; or
2. Substantial evidence presented as paFt of the _ee,._,1 fails to establish the existenee ofc
sign'Ca r personal , el,. Within the personel wireless e e
e e
18
3. NavIvithqtanding the a inte..ee of n n niannnt , in e nal wireless o
within the e....lieant'n eevefage .._t..,e..b substantial _ idepee n«enented upon the record
fails to establish that of all reasonably & enihle eltemativen n pable of mduring the
the proposed
installation wireless facility permit is seagh"s-the least intrusive upearneans to provide
service and is consistent with the goals and standards of this chapter and the Rosemead
General Plan; or
43. Substantial evidence presented as part of the record fails to establish that any proposed
wireless facility, wireless transmission device or accessory equipment is capable of
satisfying basic FCC requirements, limits or restrictions concerning radio frequency
emissions or signal interference with consumer electronic products and/or public safety
communications even with modifications and/or added conditions acceptable to the
applicant; or
34. Substantial evidence presented as part of the record fails to establish that any proposed
wireless facility, wireless transmission device, support structure or accessory equipment
is capable of satisfying applicable building, construction, fire safety or fire prevention
standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal
Code, the county of Los Angeles or the state of California even with modifications and/or
added conditions acceptable to the applicant.
5. Substantial evidence demonstrates that the proposed installation is not compatible or
consistent with surroundins infrastructure or vegetation or is otherwise detrimental to the
community or aesthetic quality of the city.
17.54.080 - Prohibited grounds for denial.
Notwithstanding any other provisions of this Section, the denial of a eenditienal--asewireless
facility permit may not be based on the environmental effects of radio frequency emissions for
mal wireless facilities that comply with FCC radio frequency emissions standards,or other
effects arising in whole or in part from those environmental effects.
17.54.090 - Requirements for administrative collocation.
Consistent with subsection (a) of Section 65850.6 of the California Government Code, the
Community Development Director, or the City Manager in the course of an appeal, shall
administratively approve as a permitted use any proposed collocation which qualifies as an
administrative collocation in the reasonable judgment of the Community Development Director
based on the information submitted pursuant to Section 17.54.060 of this chapter. Included as part
of the necessary requirements for an administrative collocation, is the requirement that the
proposed collocation satisfies all modifications or conditions required for collocation with the
corresponding.irelessteleeemmunipetionse..u,.eatinnr ilit.,...,definedharn:. >: m4herinel..,,°a
in the neeessaf�, requirements is the requiFenient that the proposed eellee-AtiAn 084 Fax-eened- the
Federal Gemmunipatinn GRmmissie..>.. "substantial ,.0.e..ge" thresholds ineluding but not limited
to the defeating C ting Invent lemen if the
s�ax�acxc�acn�sox cici$n��scoi�cean�icnc e�c»ccvtS of the 6e1196atken Skte—irmo
Ge...muait., Development Di-vete_ e nm n nelude t0.nt the `substantial ehange" thfeshelds are
Commission for findings n intent .. -th ceetion 17.5 4nenadministrative collocation as defined
herein.
19
17.54.100 Eligible Facilities Requests
Eaeh applieant is responsible fer presenting substantial evidenee upon the reeerd that adequeAely
With respeet to eenditienal use pefmit approvals, ..,,1.stantial in -e -I ,dbw :s not limited
to substantial a vide ..L:el_. evil -e -ee e..f
etet.. sc
For installations on private nrooertv that relate to collocations, removal or replacement of
transition equipment or hardening through structural enhancements that do not result in a
substantial change and that qualify as an eligible facilities requests, shall be governed by
definitions and provisions of Chapter 12.54 "Wireless Telecommunications Facilities in the Public
Right-of-Wav" and shall be subiect to an Administrative WTFP and related review and annroval
process.
17.54.110 -Appeal Genditienai Use neFmit..Wireless Facility Permits.
44Unless otherwise stated this chapter, if an applicant, or any interested party, is dissatisfied with
any denial, approval or conditioned approval of a eenditienet-usewireless facility permit under this
chapter, the applicant or interested party may appeal the matter to the Planning Commission (in
20
..
..
.
\-....
-
.. ..
.. ..
.. -
- ....
For installations on private nrooertv that relate to collocations, removal or replacement of
transition equipment or hardening through structural enhancements that do not result in a
substantial change and that qualify as an eligible facilities requests, shall be governed by
definitions and provisions of Chapter 12.54 "Wireless Telecommunications Facilities in the Public
Right-of-Wav" and shall be subiect to an Administrative WTFP and related review and annroval
process.
17.54.110 -Appeal Genditienai Use neFmit..Wireless Facility Permits.
44Unless otherwise stated this chapter, if an applicant, or any interested party, is dissatisfied with
any denial, approval or conditioned approval of a eenditienet-usewireless facility permit under this
chapter, the applicant or interested party may appeal the matter to the Planning Commission (in
20
the event of an approval by the Director of Community Development) or the City Council in the
event the approval by the Planning Commission) by filing an appeal in accordance with the
procedures established in Section 17.160.050 of this title. In reviewing the matter on appeal, the
City Council shall be required to make the same findings for any denial or approval as would
otherwise be required of the Planning Commission.
17.54.120 - Appeal—Administrative Collocation.
If an applicant contends that a request for an administrative collocation was denied or referred to
the Planning Commission by the Community Development Director in error, the applicant may
appeal the matter to the City Manager by filing an appeal with the City Clerk. Such appeal must
be filed within ten (10) calendar days following the Community Development Director issuance
of notice that a requested collocation fails to qualify as an administrative collocation or fails to
satisfy any other applicable requirements for approval under this chapter. In reviewing the matter
on appeal, the City Manager shall be required to make the same determinations as would otherwise
be required of the Community Development Director. The decision of the City Manager shall be
final.
17.54.130 - General development standards.
A. Location. The placement or siting of wireless facilities, wireless transmission devices, support
structures and accessory equipment shall be subject to the following approval requirements,
parameters and preferences:
1. In order to minimize the unnecessary proliferation of wireless facilities, wireless
transmission devices, and related support structures and accessory equipment and in order
to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight,
each applicant in identifying, studying and evaluating alternative placement and siting
options and the Planning Commission or City Geuneilapproving body in evaluating an
applicant's proposal against other identified alternatives capable of addressing applicant's
service objectives shall undertake such evaluations subject to the following order of
preference starting with the most preferred:
a. Proposals in which a wireless ...,sm-i ...:,... ,e-.: e a-e'...e,, -Aeeesseryequipment
e&efacility is collocated upon an already existing monopole -supported wireless
facility which qualifies as a stealth facility as defined herein and which is capable of
accommodating added devices and equipment.
b. Proposals in which a wireless facility Fi- .-.:-ells s- F.,_S...:....:.... devise ....A _elated
nd support structures are integrated, camouflaged and
concealed within the decorative design features of a building such as the steeple of a
church building, parapets, faux chimneys or other similar design feature.
c. Proposals in which a wireless facility OF Viifelesq ti .........:...."... Fleviee And -e'-`ea
and support structures are mounted and screened upon the roof
of a multi -story industrial or commercial building capable of safely accommodating
such facilities, devices, equipment and structures.
d. Proposals in which an individual wireless
egeipmentfacili is affixed or mounted upon an existing utility pole, lighting pole,
light standard or other similar alternative siting structure.
e. Proposals contemplating the construction of a new monopole structure, with
preference given to proposals which qualify as stealth facilities.
21
f. Proposals involving the construction of new lattice towers or guyed structures.
Where this option is proposed, the applicant shall identify, study, evaluate and pursue
designs which camouflage such structures in a manner that promotes aesthetic
consistency and harmony with surrounding structures.
g. Proposal in which a wireless
ar-efacility is mounted on the facade of a building, water tower, or other like structure
in a manner that does not camouflage, integrate and conceal such devices and
equipment within the decorative design features of the building or structure.
2. Wireless facilities, wireless transmission devices, support structures and accessory
equipment are permitted in the following locations:
a. Real property exclusively owned by the city of Rosemead, a School District as
defined herein in fee simple, or by a public utility; or
b. Property in the M-1 and O-S zones.
c. Notwithstanding the foregoing or Section 17.54.250260, any wireless facilities,
wireless transmission devices, support structures or accessory equipment existing as
of the effective date of this Code (O-ate. Ne as may be amended from time to
tib shall not be deemed to be nonconforming for purposes of collocation.
3. Except as otherwise authorized under Section 17.54.130A.2.a., any proposal for the
construction of a new wireless facility which includes the construction of a support
structure shall provide that the new wireless facility be spaced a minimum of one
thousand (1,000) feet from any existing wireless facility support structure. Not
withstanding the foregoing, a wireless facility shall be permitted if required by state or
federal law.
4. The location of wireless facilities, wireless transmission devices, support structures
and/or accessory equipment shall be restricted to developed real property parcels or
proposed as part of a larger development project.
5. The Planning Commission, or the City Council in the course of an appeal, may authorize
the location of personal wireless facilities as defined herein at locations otherwise
prohibited under Subsections A.1. through A.4. of this Section, above, but only upon a
€tndingfindings supported by substantial evidence presented as part of the record which
establishes that:
a. The applicant has a significant gap in its network coverage; and
b. The placement of wireless facilities, wireless transmission devices, and related
support structures and accessory equipment at a location otherwise prohibited under
subsections A.1. through A.4. of this Section, above, is the only means by which the
significant gap in network coverage can be reduced to a de minimis level.
Wireless facilities, wireless transmission devices, and related support structures and
accessory equipment which satisfy the exception to the general siting prohibitions
set forth under subsections A.1. through A.4. of this section, above, must still satisfy
all other applicable conditions and findings necessary for eenditienal-usewireless
facility permit approval.
6. As between possible or competing location proposals, the Community Development
Director and the Planning Commission shall encourage proposals that contemplate
collocation subject to requirements of this chapter.
B. Height. The height of any freestanding wireless facility shall not exceed the height limits of
the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum
22
functional height technologically required to address the wireless service providers' service
objectives. All wireless facilities, wireless transmission devices, support structures and
accessory equipment shall also be subject to the following restrictions as applicable:
1. Ground -Mounted Facilities. Notwithstanding any other provision of this subsection B. to
the contrary, the maximum height of monopoles may not exceed the lesser of the
following: sixty (60) feet or the height limit of the applicable underlying or overlay zone;
2. Roof -Mounted Facilities. Roof -mounted wireless facilities or wireless transmission
devices, including support structures and accessory equipment shall not project out more
than ten (10) feet above the roofline and shall be set back from the roof edge by a ratio of
one foot for each foot of projection above the roofline. A facility shall be exempt from
the foregoing requirement if it is mounted within an existing enclosed roof structure or
an architectural feature, such as a parapet wall or similarly designed features so as to
integrate and camouflage the wireless facility, wireless transmission device and related
support structures and accessory equipment within the structure or building.
3. Accessory and Support Structures. All wireless facilities, wireless transmission devices,
support structures, and accessory equipment shall comply with accessory height
requirements for the particular zoning district in which they are located.
C. Ground -Mounted Facilities - Setback Requirements and Guidelines. Ground -mounted
wireless facilities or wireless transmission devices shall comply with the following
requirements and guidelines:
1. Front: Such facilities shall not be permitted in a required front yard setback of any
property located in any type of zone within the city of Rosemead, unless otherwise
authorized under the terms of a ean&iena usewireless facility permit;
2. Side: Such facilities shall not be permitted within a required side yard setback;
3. Rear: Such facilities may be located in the rear yard setback of a property at a location
that is out of view from the public right-of-way;
4. Accessory/Support Structures: All such facilities and related support structures shall
comply with required setback requirements applicable to the zoning district in which they
are located, including variable height requirements in Section 17.08.050 where
applicable;
5. No wireless facility, wireless transmission device or related support structures, and
accessory equipment shall extend beyond the property lines: or be within the required
setback area.
D. Screening. The following screening requirements shall apply to all wireless facilities, wireless
transmission devices and related support structures, and accessory equipment:
1. The proposed wireless facility, wireless transmission device, and related support
structures, and accessory equipment shall be screened or camouflaged by existing or
proposed new topography, vegetation, buildings, or other structures; provided that any
such screening or camouflaging measures shall be aesthetically appropriate for and
compatible with the existing site and the surrounding area. Wireless facilities, wireless
transmission devices, and related support structures, and accessory equipment that are not
screened or architecturally integrated on an existing building or structure shall be
prohibited.
2. All screening used in connection with wireless facilities, wireless transmission devices
and related support structures, and accessory equipment which are building -mounted
23
shall be aesthetically compatible with the architecture, architectural theme, color, texture,
and materials of the building or other structure to which it is mounted.
3. All fencing shall be designed to resist graffiti or other vandalism and to facilitate the fast
and effective removal of graffiti or repair of any vandalism.
4. The use or incorporation of chain-link fencing, razor -wire, or sharp points in the screening
design of a wireless facility or related support structures is prohibited.
5. The approving body (i.e. Planning Commission, or Director), or the City Council in the
course of an appeal, may waive screening requirements where it determines that such
measures are not necessary or aesthetically appropriate given the nature of the proposal.
E. Accessory Equipment:
1. Any and all accessory equipment shall be located within a building, an enclosure, or
underground vault in a manner that complies with the development standards of the
zoning district in which the equipment is located.
2. If located above ground, accessory equipment shall be screened, camouflaged and/or
concealed in a manner that is aesthetically and visually compatible with the architecture
and design of surrounding buildings, structures and landscaping and in a manner that
hides such equipment from public view or otherwise camouflages and conceals its
presence.
3. If accessory equipment is located outdoors and is in public view, the Planning
Commission, where it deems appropriate, may require the applicant to provide a solid
masonry block wall, or such other aesthetically compatible material acceptable to the
Community Development Director that will screen such equipment from view.
F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other
than certification, warning, or other required seals or signage. Nothing in this subsection shall
prohibit the Planning Commission, or the City Council in the course of an appeal, from
approving a stealth facility which is camouflaged and disguised as a freestanding sign.
G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety
measure by Federal Aviation Administration (FAA), or other government agencies with
superseding jurisdiction over lighting issues. If lighting is required, the 4&4k4eslighting shall
be designed to minimize glare and light overflow onto neighboring properties.
17.54.140 - Design standards.
The design of wireless facilities, wireless transmission devices and related support structures and
accessory equipment shall be subject to the following design standards:
A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest
extent feasible considering technological requirements, placement, screening,
camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth
design. If no stealth technology or stealth design is proposed, the applicant shall provide
a detailed written analysis identifying those factors and conditions which make the use of
stealth technologies and/or stealth designs infeasible, and explaining why such
technologies or designs are infeasible. In addition, camouflage techniques including the
use of landscaping or other elements to obscure, conceal or minimize the appearance of
the wireless facility shall be utilized as appropriate.
B. All proposals shall use the shortest, smallest, least visible wireless transmission devices,
support structures, and accessory equipment necessary to accomplish the applicant's
service objectives.
24
C. All exterior finishes shall be comprised of non -reflective, glare -reducing materials, and
shall be painted, screened, or camouflaged to blend aesthetically with the materials and
colors of surrounding buildings or structures. Colors chosen shall minimize visibility and
match or blend with the primary background.
D. All proposed wireless
facilities shall be of a kind that will permit collocation by other wireless service providers.
E. Proposals shall minimize and be resistant to opportunities for unauthorized access,
climbing, vandalism, graffiti, and other activities, which would result in hazardous
conditions, visual blight, or an attractive nuisance.
F. Wireless transmission devices and related accessory equipment mounted on structures
shall be designed as an integral part of the structure and located to minimize visual impact
on surrounding properties and rights-of-way.
17.54.150 - Noise.
All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed
and operated in such a manner as to minimize the amount of noise impacts to residents of nearby
residential properties, the users of recreational areas such as public parks and public open spaces,
or the occupants of hospitals and schools.
aa.. (50) dB n Me..SUFea at the ..rope., i:.,e In addition, all wireless facilities shall comply with
the noise regulations at Chavtter 8.36 of this Code.. Back-up generators shall only be operated
during power outages and for testing and maintenance purposes. Testing of such equipment shall
not be conducted on weekends or holidays, or between the hours of ten p.m. and seven a.m.
17.54.160 - RF and other emissions requirements.
A. No individual wireless facility, wireless transmission device, or accessory equipment shall
generate at any time electromagnetic frequency radiation or radio frequency radiation in
excess of the FCC adopted standards for human exposure, including, but not limited to, the
FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength
and power density for transmitters. The foregoing shall also apply to any combination of
wireless facilities located on the same real property parcel or any combination of wireless
transmission devices and accessory equipment that are collocated or otherwise located upon
the same real property parcel.
B. All wireless facilities, wireless transmission devices, and accessory equipment shall comply
with all rules, regulations and standards, including compliance with non -ionizing
electromagnetic radiation (VIER) standards, set by the FCC and/or any other agency of the
federal government with the authority to regulate such facilities. If such rules, standards and/or
regulations are changed, the recipient(s)/holder(s) of a eePditiepa1*Kewireless facility permit
or administrative collocation approval issued pursuant to this chapter shall be jointly
responsible for bringing such facilities, devices and equipment into compliance with such
revised rules, standards and/or regulations within six months of the effective date of such rule,
standard and/or regulation, unless a more stringent compliance schedule is mandated by the
controlling agency.
C. If any wireless facility, wireless transmission device or accessory equipment is found to be
operating in such a manner as to be hazardous to the health and safety of persons working or
W
residing near such facilities, devices or equipment, the owner(s) and operator(s) of the
hazardous facility, device or equipment jointly with the owner of the real property parcel
where it is located shall be responsible for correcting the hazardous condition. In no case shall
a wireless facility, wireless transmission device, or accessory equipment remain in operation
if it is found to create an imminent risk of danger to human life or property. The foregoing
notwithstanding, no wireless facility, wireless transmission device, or accessory equipment
that is found to be in compliance with all current EMF or RF emissions standards established
by the FCC or any other federal agency with jurisdiction over the matter shall be deemed
hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation.
D. For the protection of emergency response personnel, all wireless facilities, wireless
transmission devices, and accessory equipment shall have a main breaker switch or other
similar means of disconnecting electrical power at the site. For collocation sites, a single main
switch shall be installed to disconnect electrical power for all carriers at the site in the event
of an emergency.
E. Wireless facilities, wireless transmission devices, and accessory equipment shall not be
operated in any manner that would cause interference with public safety communication
systems or consumer electronics products.
F. To ensure all new or modified wireless facilities, wireless transmission devices, and related
accessory equipment comply with FCC radio frequency radiation exposure standards before
regular operations commence, the applicant shall conduct a post -construction or post -
modification NIER/radio frequency radiation exposure test. Compliance with FCC standards
shall be demonstrated by a written certification signed under penalty of perjury by a qualified
and duly licensed radio frequency engineer. A final building permit clearance will not be
issued until the wireless facility, wireless transmission device, and accessory equipment are
certified to be in compliance with FCC operating and emissions standards. The
recipient(s)/holder(s) of any approval given under this chapter shall have sixty (60) calendar
days to bring the non-compliant wireless facility, wireless transmission device, and accessory
equipment into compliance. If such facilities, devices or equipment cannot be brought into
compliance within sixty (60) calendar days from the completion of construction or completion
of modification, such failure shall constitute grounds for the revocation of a eenditiARRI
usewireless facility permit or administrative collocation approval.
G. To verify ongoing compliance with FCC operating and emissions standards, the
recipient(s)/holders(s) of a wireless facility permit or administrative
collocation approval shall submit updated monitoring information certifying ongoing
compliance with FCC operating and emissions standards. Such updated monitoring
information shall be submitted on an annual basis within thirty (30) calendar days from
anniversary date of approval and shall be prepared by a qualified and duly licensed radio
frequency engineer. If such information is not timely provided, the eenditiene{-usewireless
facility permit or administrative collocation authorization may be revoked. If at any time the
facility proves to be in noncompliance with FCC operating and emissions standards, the
noncompliant wireless facility, wireless transmission device or accessory equipment shall
cease all operating. The recipient(s)/holder(s) of the eenditienel-usewireless facility permit or
administrative collocation approval shall have sixty (60) calendar days from the date of such
disclosure to the City to bring the noncompliant facility, device or equipment into compliance.
If the facility, device or equipment remains noncompliant on the sixty-first day the City may
26
revoke the eeaditienal-- wireless facility permit or administrative collocation approval for
the noncompliant facility, device or equipment.
H. Any violation of this seetieaChapter is hereby deemed a public nuisance and shall constitute
grounds for revocation of any permits and/or approvals granted under this chapter. Such
violations shall also constitute grounds for abatement and removal of noncompliant facilities,
devices and/or equipment by the City at the property owner's expense.
17.54.170 — Performance and Removal bond.
As a condition of approval for any eeralitie»4ewireless facility permit or any administrative
collocation under this chapter, the applicant shall be required to procure a performance bond in an
amount equal to the reasonably estimated cost associated with removing the wireless facility,
wireless transmission device, and all corresponding support structures and accessory equipment
covered under a senditienal�wireless facility permit or administrative collocation authorization.
17.54.180 - FAA Compliance.
All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in
compliance with all such restrictions as a condition of approval. All permittees shall provide the
Community Development Director with proof of such compliance upon request.
17.54.190 - Maintenance and security.
A. Trash and Debris. All wireless facilities, wireless transmission devices, support structures,
alternative siting structures, and accessory equipment within the city of Rosemead shall be
maintained in good repair and kept free from trash, litter, refuse and debris.
B. Graffiti, Vandalism and Damage. All wireless facilities, wireless transmission devices,
support structures, ,nte.«,.tive siting stFurt.._e., and accessory equipment shall be kept free
from graffiti and other forms of vandalism and any damage to the same, regardless of the
cause, shall be repaired as soon as reasonably possible so as to minimize occurrences of
dangerous conditions or visual blight. All graffiti shall be removed from the premises within
twenty-four (24) hours of discovery or within twenty-four (24) hours of any written notice
issued by the city of Rosemead. If the affected surface is a painted surface, graffiti shall be
removed by painting over the evidence of such vandalism with paint which has been color -
matched to the surface to which it is applied. Otherwise graffiti shall be removed through the
use of solvents or detergents. ae_ ...._..,...es of a.:,.. hapte_ the .e..... ", a ffita" refers W affy
•.«....l1....: -...� :«nn-: «4�e... erdf Cm.m) painting .. ee4he- auC eeme«t that isy ffittu..) fnadEea
f >
red n at�.enyinu AMXea W n
...tea. v, sv.ww.. v, sprayed, , auk.painted, or
...C.. e b
C. Landscaping. Any sewireless facility permit approval or ..dminkt-
eelleeatien approval which incorporates or otherwise includes the planting, installation, and
maintenance of new landscape improvements and/or the preservation and maintenance of
existing landscape improvements, whether or not used as screening, shall be maintained in
good condition at all times. Damaged, dead, diseased, or decayed trees, shrubs, and other
vegetation as well as damaged or inoperable irrigation equipment shall be replaced promptly,
but in no event later than thirty (30) calendar days from the date such deficiencies are detected
or the date City issues notice of such deficiencies, whichever occurs first. If a landscape plan
was required and approved, the site shall be maintained in accordance with the approved
27
landscape plan at all times. Amendments or modifications to such plan shall be submitted for
approval to the Community Development Director.
D. Maintenance of Certain Stealth Facilities. Stealth facilities designed to appear as flagpoles
must have a flag flown upon the structure and such flag must be properly maintained at all
times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a
new flag. Light fixtures included as part of stealth facilities designed to appear as light
standard or other lighting structures shall be operable at all times. Damaged, defective or
burned -out light fixtures shall be replaced promptly.
E. Contact Information. A permanent, weather-proof identification sign must be placed on the
gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and
conspicuous location approved by the Community Development Director. The sign must state
the name, address, phone number of the owner of the real property parcel where the subject
wireless facility, wireless transmission device, support structure, alternative siting structure,
or accessory equipment is located, the wireless service provider using the equipment, and the
owner of the equipment, if different from owner of the real property parcel or the wireless
service provider. Fax numbers and e-mail contact number shall also be included, if available.
If the owner of the real property parcel where the subject wireless facility, wireless
transmission device, support structure, alternative siting structure, or accessory equipment is
located has no other contact information, other than a residential telephone number or
residential address, the Planning Commission may maintain such information as part of the
records of the city of Rosemead in lieu of appearing on any signage.
17.54.200 - Maintenance responsibility.
The compliance with the maintenance obligations set forth under this Section shall be a joint and
severable obligation of the following parties:
A. The owner of a wireless facility, wireless transmission device, support structure, alternative
siting structure, and accessory equipment and the user(s)/operator(s) of the same if different
from the owner; and
B. The owner of the real property parcel where a wireless facility, wireless transmission device,
support structure, alternative siting structure, and accessory equipment are located.
17.54.210 - Abandonment or discontinuance of use; removal of facilities.
A. Notice to City. A wireless service provider shall provide written notice by certified U.S. mail
to the Community Development Director and the Chief Building Official in the event the
wireless service provider intends to terminate or otherwise abandon its use of a wireless
facility or individual wireless transmission device, or the wireless service provider is required
to discontinue its use of a wireless facility or individual wireless transmission device. Such
notice shall be mailed not less than thirty (30) calendar days prior to the contemplated or
anticipated cessation of use; shall state the contemplated or anticipated date upon which the
use will end; and shall state the date upon which the wireless facility or individual wireless
transmission device shall be completely dismantled and physically removed from the real
property parcel where it is sited or located.
B. Dismantling and Removal of Equipment. With respect to the contemplated abandonment,
termination or discontinuance of use of an entire wireless facility, the dismantling and physical
removal shall include the dismantling and physical removal of all wireless transmission
devices, all support structures and all accessory equipment from the real property parcel where
ff3
such items were sited. With respect to the contemplated abandonment, termination, or
discontinuance of use of an individual wireless transmission device, the dismantling and
physical removal shall include the dismantling and physical removal of the wireless
transmission device and all corresponding support structures and/or accessory equipment that
do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire
wireless facility also entails and includes the restoration of the site to its original condition
prior to the installation of the wireless facility, excluding any landscape improvements.
C. Failure to Timely Dismantle or Remove. If the dismantling and physical removal of a wireless
facility or wireless transmission device in the manner contemplated under subsection B. of
this Section, above, is not completed by the date indicated in the notice referenced under
subsection A. of this Section, above, the Chief Building Official shall issue notice to the
wireless service provider and the owner of the real property parcel that the wireless facility or
wireless transmission device must be completely dismantled and removed within sixty (60)
calendar days from the dismantling and removal date originally noticed by the wireless service
provider pursuant to subsection A. of this Section.
D. Constructive Abandonment of Facilities. A wireless facility or individual wireless
transmission device that remains inoperative or unused for a period in excess of one hundred
eighty (180) calendar days shall be deemed abandoned for purposes of this section. The
foregoing shall apply notwithstanding any assignment of ownership or lease rights as
contemplated under Section 17.54.220, below. After one hundred eighty (180) calendar days
of inoperability or nonuse, the Chief Building Official shall issue notice to the wireless service
provider and the owner of the real property parcel that the wireless facility or wireless
transmission device must be completely dismantled and removed within sixty (60) calendar
days.
E. Responsibility for Dismantling and Removal. The dismantling and physical removal of
wireless facilities, wireless transmission devices, support structures, and/or accessory
equipment shall be the joint and several responsibility of the wireless service provider and the
owner of the real property parcel upon which the wireless facility or wireless transmission
device is sited.
F. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission
device is not dismantled and physically removed within any time period required under this
Section, the same shall be deemed a public nuisance and any unexpired permit or authorization
to use, operate and/or maintain the wireless facility or the wireless transmission device may
be revoked in accordance with Section 17.54.230 of this chapter.
G. Performance and Removal Bond — If the abandoned inonerative or unused wireless facility is
not removed in the time Periods provided for in this section the city of Rosemead may act on
the bond submitted to cover all costs incurred for the removal of the wireless facility.
17.54.220 - Transfer of operation.
Any wireless service provider who owns or leases a wireless facility or who leases space for the
placement of an individual wireless transmission device upon a support structure or alternative
siting structure may assign its ownership or lease rights to another wireless service provider
licensed by the FCC provided that any such assignment be conditioned upon the following:
A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the
Community Development Director and the Chief Building Official;
B. The forwarding of the official name and contact information of the prospective assignee; and
29
C. The assignee's written acknowledgement and assumption of all duties, requirements,
restrictions and responsibilities applicable to the use, operation and maintenance of the subject
wireless facility or subject wireless transmission device as provided under this chapter or any
wireless facilitv'permit ef-etheFggy approval issued under this chapter.
17.54.230 - Revocation.
A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a
eendif;eFa l useanv wireless facility permit er-eEHeF-approval issued pursuant to this chapter.
Grounds for revocation include the finding thatfollowing findings:
1. The wireless service provider or property owner has abandoned or otherwise ceased its
use of the wireless facility or an individual wireless transmission device; or
2. The wireless service provider or property owner has failed to bring the wireless facility,
an individual wireless transmission device, support structure or accessory equipment into
compliance with the conditions of approval, or the requirements of this chapter, within
any time period provided for in this chapter or within any other extended time period set
forth by the Community Development Director or the Chief Building Official; or
3. The wireless facility, wireless transmission device, or accessory equipment no longer
complies with applicable health and safety regulations promulgated by the FCC or the
Federal Aviation Administration and the recipient(s)/holder(s) of a eeadkmieHa4--esecLty
wireless facility permit approval have failed to timely bring
such facilities, devices and equipment into compliance.
17.54.240 Over -The -Air -Reception Devices.
A. Intent of Regulations. In conformance with FCC regulations an OTARD may be erected at
heights and dimensions sufficient to accommodate service. The provisions of this section are
designed to allow such accommodation.
B. Antennas Permitted without a Discretionary Permit. The following OTARDs are permitted as
accessory uses in all districts without approval of a discretions Wrmit:
1. Enclosed Antennas. Antennas completely enclosed within a building.
2. Single -Wire Antennas. An antenna consisting of a single wire not exceeding one-fourth
inch in diameter. Such wire antennas may be located in setback areas provided the
antenna does not extend above the maximum building height in the district.
3. Vertical Antennas. A single ground -mounted vertical pole or whip antenna not exceeding
42 feet in height, measured from finish grade at the base of the antenna, and not located
in any required setback area. Support structures or masts for pole or whip antennas shall
conform to standards set out in the California Building Standards Code. A building permit
may be required for the support structure or mast.
C. Antennas Requiring an OTARD Permit. Antennas which do not meet the criteria listed in
subsection (B) of this section may be permitted as accessory uses in all districts if an OTARD
permit is approved. The following factors and findings shall be considered in the review of
such use permits:
1. Factors to Be Considered. The decision-making authority shall consider the following
factors in reviewing wireless facility permit applications:
30
a The Federal Communications Commission (FCC) rules that prohibit restrictions that
impair the installation maintenance or use of an OTARD which unreasonably delays
or prevents installation maintenance or use unreasonably increases the cost of
installation maintenance or use: or precludes reception or transmission of an
acceptable quality signal.
b The proposed height and design of the OTARD and the technological necessity of that
height and design of the antenna.
c The proximity of the proposed OTARD to inhabited buildings and the nature of
existing uses on nearby properties.
d The design of the proposed antenna with particular reference to design features that
may reduce visual impacts, particularly in residential zones.
a Consistency with General Plan. The antenna is consistent with the general plan and
My applicable specific plan.
b Consistency with Zoning Code. The antenna conforms to the permitted use provisions
and development standards of this zoning code and is consistent with this code and
any applicable specific plan.
c Compliance with CEOA Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
d Surrounding Uses Approval of the application will not create conditions materially
detrimental to the public health safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
e Technological Necessity. The height design and configuration of the proposed
antenna is technologically necessary to engage in amateur radio communications of
the nature contemplated.
f Constraints of the Site Topographic or other constraints limit the feasibility of
engaging in amateur radio communications with antennas permitted under subsection
(B) of this section.
g Reasonable Accommodation. The installation of the antenna is necessary to
reasonably accommodate amateur radio communications.
h Mitigation of Impacts The placement and design of the antenna minimizes potential
visual impacts on surrounding property owners to the extent feasible while reasonably
accommodating amateur radio communications.
17.54.250 - Wireless facilities in the public right-of-way.
31
-
-�stre!!n�sstnres.:eeenesaenr,ne
ONO
_-11,1110.11
31
install,allow a sleAe video 4anehise holder- to
publie rights of way undef the sanie time, plaee, and manRer provisiefis that apply te
v bl- Utilities !`ode o,." ien 7901 .1.
B—A_The City Council finds and determines that it is necessary, desirable, and in the public
interest to impose the City's time, place and manner requirements, as authorized by Public
Utilities Code Section 7901.1, upon telephone corporations and upon state video franchise
holders dwough w enereaehfAent pefmit preeess and pre, a that afe speeified in r..," 12
,.:ra : Title 12 ishsibility ,.r the Superintendent of c._..,.«" ,.
ti "Y" y .. e s e `ice ., r
designee -as regulated at Title 12, Chapter 12.54.
17.54.2-50260 - Nonconforming facilities.
A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support
structure, alternative siting structure and accessory equipment placed, affixed, mounted,
constructed, developed, erected or installed prior to the effective date of the ordinance codified
in this chapter, as may be amended from time to time, or for which an application for a use
permit is deemed complete prior to the effective date of the ordinance codified in this chapter,
in compliance with all applicable laws and which does not conform to the requirements of this
chapter shall be accepted and allowed as a legal nonconforming use. Such legal
nonconforming uses shall comply at all times with the laws, ordinances and regulations in
effect at the time the application was deemed complete, and any applicable Federal or State
laws as they may be amended or enacted from time to time, and shall at all times comply with
the conditions of approval.
B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device,
support structure, alternative siting structure and accessory equipment placed, affixed,
mounted, constructed, developed, erected or installed prior to the effective date of the
ordinance codified in this chapter in violation of applicable laws, ordinances or regulations
shall be considered an illegal nonconforming use and shall be subject to abatement as a public
nuisance.
17.54.260270 - Fees.
By resolution, the City Council may establish, and from time to time adjust, fees to recover the
reasonable estimated cost of processing and reviewing applications for the approval of eenditienal
asewireless facility permits issued pursuant to this chapter. The fee for processing and reviewing
applications for administrative Wireless Facilities Permits eelleeation peFmits shall be the same as
for an Entitlement Plan Check Modification Fee (Ministerial) �: was established by
the City Council. The fee for other Wireless Facility Permits shall be the same as for a Conditional
Use Permit as established by the City Council.
17.54.280 - State or federal law.
The implementation of this chanter and decisions on applications for placement of wireless
facilities shall at a minimum ensure that the requirements of this chapter are satisfied, unless it is
determined that the applicant has established that denial of an application would, within the
32
of this chanter may be waived but only to the minimum extent required to avoid the prohibition
or violation.
at its discretion initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead
Municipal Code.
B Violation of this chapter is a misdemeanor and is punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than
six months or by both such fine and imprisonment. Each day during any portion of which any
violation of any provision of this chapter is committed continued or permitted constitutes a
separate offense The provisions of this chapter will not limit any other remedies authorized by
law.
33
SECTION 4. Code Amendment. RMC § 17.20.020 is amended to read as follows:
17.20.020 - Commercial and industrial land uses and permit requirements.
Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land
allowed in each such zoning district, and the land use permit required, if any, to establish each
use subject to section 17.08.050. Where the last column in the tables (Specific Use Regulations)
includes a section reference number, the regulations in the referenced section apply to the use in
addition to those shown in the table.
Table 17.20.020.1
USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Land Use
Requirements by District
Specific Use
CI -MU I M-1
Regulations
Transportation, Communications and Infrastructure Uses:
Automobile Parking
CUP
CUP
Facilities as principal
use (subterranean and
structures
Heliports and
A/CUP
A/CUP
Helisto s
Telecommunications
P
P
facilities (not
including Wireless
Telecommunication
facilities
Utilities
P
P
Wireless
GLgkSee Article
See Article
Telecommunication
3, Chapter 17.54
31 Chapter 17.54
Facilities
Special Needs Uses, limited to only the following:
Emergency Shelters
—
P
See Article
3, Chapter 17.30
SECTION 5: Code Amendment. RMC § 17.21.020 is amended to read as follows:
17.21.020 - Garvey Avenue Specific Plan Land Uses and Permit Requirements.
Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed
in each such zoning district, and identifies the land use permits required, if any, to establish each
use subject to section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use
lit
Regulations) includes a section reference number, the regulations in the referenced section apply
to the use in addition to those shown in Table 17.21.020.1.
Table 17.21.020.1
Uses in the Garvev Avenue Specific Plan District
Allowed Uses
GSP - OS/P
GSP - R/C
GSP
GSP — MU*
Specific
Ka:
Regulations
Public and Civic
Colleges and
—
—
—
P
Universities
Cultural
CUP
CUP
CUP
CUP
Institutions
Park and
P
P
P
P
For lighted
Recreation
facilities, see
Facilities
RMC
Section 17.68.
060
Places of
—
CUP
CUP
CUP
Religious
Assembly
Public Utility
AUP
AUP
AUP
AUP
Facilities
Telecommunica
GURSee Arti
C4JRSee Arti
GURSee Arti
CJ;PSee Arti
See Article
tion
cle
cle
cle
cle
31 Chapter
Facilities/Wirel
3, Chapter
3, Chapter
3, Chapter
3, Chapter
17_54
ess
17_54
17_54
17_54
17_54
Telecommunica
tion Facilities
Educational
—
CUP
CUP
CUP
Institution
(Private)
SECTION 6: Code Amendment. RMC § 17.24.020 is amended to read as follows:
17.24.020 - Special purpose district land uses and permit requirements.
Table 17.24.020.1, Uses in Special Purpose Districts, identifies the uses of land allowed in the
Open Space (O -S) district and the Automobile Parking (P) zoning district, and the land use permit
required, if any, to establish each use subject to Section 17.08.050. Where the last column in the
tables (Specific Use Regulations) includes a section reference number, the regulations in the
referenced section apply to the use in addition to those shown in the table. The Planned
Development (P -D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040.
35
Table 17.24.020.1
USES IN SPECIAL PURPOSE DISTRICTS
Land Use
I Requirements by District
Specific Use
O -S P
Regulations
Public Parking,
P
P
including Parking
Lots and Structures
Private Parking
—
CUP
Facilities for Shared
Use
Government
A
—
Buildings and
Facilities
Wireless
GURSee Article
—
See Article
Telecommunication
3. Chapter 17.54
3, Chanter 17.54
Facilities
Utilities
P
P
SECTION 7: Code Amendment. RMC § 17.28.040.0 is amended to read as follows:
C. Permitted Uses.
1. The following land uses identified in die -table 17.28.040.1 below apply to individual
properties based on the location and application of the FCMU Overlay zones. For ease of
reference, land uses are grouped based on the general use category. Property owners,
developers, and applicants should refer to the Freeway Corridor Mixed -Use Overlay
document to verify their property's relevant FCMU Overlay zone.
2. The Community Development Director, or designee, may determine that a proposed use
that is not specifically listed in the table below is in keeping with the vision and intent for
the FCMU Overlay and therefore may be allowed if it meets all of the following criteria:
a. The characteristics of and activities associated with the proposed use is similar to one
or more of the permitted uses in the table below, and will not involve substantially
greater intensity than the other uses permitted within the FCMU Overlay;
b. The proposed use will be consistent with the purpose and intent of the FCMU
Overlay;
c. The proposed use will be compatible with the other uses listed for the FCMU
Overlay.
Table 17.28.040.1
FCMU-C FCMU-B NOTES
Public and Civic
36
Colleges and
P
Universities
Community Garden
P
P
Cultural Institutions
CUP
CUP
Educational
CUP
CUP
Institution Private
Park and Recreation
P
P
Facilities
Places of Religious
CUP
Assembly
Public Utility
AUP
AUP
Facilities
Telecommunication
it�
GURSee Article
GURSee Article
See Article
Facilities/
3, Chapter 17.54
3, Chapter 17.54
31 Chapter 17.54
Wireless
Telecommunication
Facilities
Commercial
SECTION 8: Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof,
be rendered or declared invalid or unconstitutional by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the
validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby
declares that it would have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may
be declared invalid or unconstitutional.
SECTION 9: Publication. The City Clerk shall certify to the adoption of this Ordinance and
shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office
of the City Clerk at least five (5) days prior to the adoption and within fifteen (15) days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty days
after the date of its adoption.
SECTION 10: Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
37
PASSED, APPROVED, AND ADOPTED this _ day of , 2026.
Sandra Armenta, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney Ericka Hernandez, City
W
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby certify that Ordinance No. 1032 was first introduced at the regular meeting
of , 2026, by first reading. Said Ordinance was approved and adopted by the
City Council of the City of Rosemead at a regular meeting held on the day of
2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
39
:?
EXHIBIT "C"
Chapter 12.54 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-
OF-WAY
12.54.010. PURPOSE.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of
regulations and standards for the permitting, development, siting, installation, design, operation
and maintenance of wireless telecommunications facilities in the City's public right-ofway. These
regulations are intended to prescribe clear and reasonable criteria to assess and process
applications in a consistent and expeditious manner, while reducing the impacts associated with
wireless telecommunications facilities. This chapter providesstandards necessary (1) for the
preservation of the public right-of-way ("PROW') in the City for the maximum benefit and use of
the public, (2) to promote and protect public health and safety; -community welfare, visual
resources and the aesthetic quality of the City consistent with the goals, objectives and policies
of the general plan, and (3) to provide for the orddrly, managed and efficient development of
wireless telecommunications facilities in accordance with the state and federal laws, rules and
regulations, including those regulations of the Federal Communications Commission ("FCC") and
California Public Utilities Commission ("CPUC"), and (4) to ensure that the use and enjoyment of
the PROW is not inconvenienced bythe use of the,PROW for the placement of wireless facilities.
The City recognizes the importance"of wireless facilities to provide high-quality communications
service to the residents and businesses, tnrthe City, and the City also recognizes its obligation
to comply with applicable Federal and Sta a laws. This chapter shall be constructed and applied
in consistency with"the provisions of state and federal laws, and the rules and regulations of FCC
and CPUC. In the event of any inconsistency between any such laws, rules and regulations and
this chapter, the laws, rules and regulations shall control.
12.54.020. DEFINITIONS.
"Accessory eguipmgnt" means any and equipment, including, without limitation, back- up
generators and power supply units, cabinets, coaxial and fiber optic cables, connections,
equipment buildings, shelters, radio transceivers, transmitters, pedestals, splice boxes, fencing
and shielding, surface location markers, meters, regular power supply units, fans, air conditioning
units, cables and wiring, to which an antenna is attached in order to facilitate the provision of
wireless telecommunication services.
"Antenna" means that specific device for transmitting and/or receiving radio frequency or other
signals for purposes of wireless telecommunications services. "Antenna" is specific to the antenna
portion of a wireless telecommunications facility.
Antenna array" shall mean two or more antennas having active elements extending in one or
more directions, and directional antennas mounted upon and rotated through a vertical mast or
tower interconnecting the beam and antenna support, all of which elements are deemed to be
part of the antenna.
"Base station" shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.)
Section 1.6100(b)(1), or any successor provision. This means a structure or equipment at a fixed
location that enables FCC -licensed or authorized wireless communications between user
4902-2765-4694
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equipment and a communications network (regardless of the technological configuration and
encompassing distribute antenna systems and small cells). "Base station" does not encompass
a tower or any equipment associated with a tower. Base station includes, without limitation:
1. Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as wireless services not licensed by
the FCC and fixed wireless services such as microwave backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless`: of technological
configuration (including Distributed Antenna Systems and small cells).
3. Any structure other than a tower that, at the, time the relevant application is filed
with the City under this chapter, supports of houses equipment described in
paragraphs 1 and 2 of this definition that has been reviewed and approved under
the applicable zoning or siting process, or under another state or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing that support.
4. 'Base station" does not include any structure that, at the time the relevant
application is filed under this chapter, does not support or house equipment
described in paragraphs 1 and 2 of this definition. Other structures that do not host
wireless telecommunications facilities are not "base stations."
As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure
that actually supports wirelesta.. uipmenf even though it was not originally intended for that
purpose. Examples iralude, but are not limited to, wireless facilities mounted on buildings, utility
poles, light,standardsor traffic signals. A structure without wireless equipment replaced with a
new strucfare designed to Bear the additional weight from wireless equipment constitutes a base
station.
"City" means the:City of Rosemead.
"Code" means the Ro"semead Municipal Code.
"Collocation" bears the following meanings:
1. For the purposes of any eligible facilities request, the same as defined by the FCC
in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he
mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes." and
2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as
may be amended, which defines that term as (1) Mounting or installing an antenna
facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose
of mounting or installing an antenna facility on that structure.
"Collocation facility" means collocation facilities as defined at Government Code
section65850.6(d)."
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COW" means a "cell on wheels," shall have the same meaning as that definition provided for in
Chapter 17.54.
"Director of Public Works" means the Director of Public Works, or his or her designee.
"Eligible facilities request" means any request for modification to an existing eligible support
structure that does not substantially change the physical dimensions of such structure, involving:
1. Collocation of new transmission equipment which does not result in a substantial
change;
Removal of transmission equipment;
3. Replacement of transmission equipment that does not result in a substantial
change (replacement does not include complet* replacing the underlying support
structure); or
4. Hardening through structural enhancement where such hardening is necessary to
accomplish the eligible facilities request,.;but does not include replacement of the
underlying support structure.
"Eligible facilities requesYIpes not include, modifications or replacements when an eligible
support structure was consfructed or de'ployed without proper local review, was not
required to undergo local resew, involves, equipment that was not properly approved, or
was not constructed ocin staI mpliance with the approved plans. "Eligible facilities
request" does include=Gollocatiocilities satisfying all the requirements for a non-
discrehonaty,cotlocation fap9ity pursuant to Government Code Section 65850.6.
"Eligible,support structure" means any support structure located in the PROW that is existing at
the time t�W,,, levant application is filed with the City under this chapter provided said support
structure hasbeen installed'and placed in the PROW pursuant to a City approved permit or other
legal authonzatidri;pr right to be installed and maintained in the PROW.
"Existing" means asupport structure, wireless telecommunications facility, or accessory
equipment that has been reviewed and approved under the City's applicable zoning or siting
process, or under another applicable state or local regulatory review process, and lawfully
constructed prior to the time the relevant application is filed under this chapter. However, a support
structure, wireless telecommunications facility, or accessory equipment that has not been
reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is "existing" for purposes of this chapter. "Existing' does not apply to any structure
that (1) was illegally constructed without all proper local agency approvals, or (2) was constructed
in noncompliance with such approvals. "Existing" does not apply where an existing support
structure is proposed to be replaced in furtherance of the proposed wireless telecommunications
facility.
"Facility(ies)" means wireless telecommunications facility(ies).
"FCC" means the Federal Communications Commission.
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"Ground -mounted" means mounted to a pole, tower or other freestanding structure which is
specifically constructed for the purpose of supporting an antenna or wireless telecommunications
facility and placed directly on the ground at grade level.
"Lattice tower" means an open framework structure used to support one or more antennas,
typically with three or four support legs.
"Located within (or in) the public right-of-way" includes any facility which in; whole or in part, itself
or as part of another structure, rests upon, in, over or under the PROW.
"Modification" means a change to an existing wireless telecommunications facility -that involves
any of the following: collocation, expansion, alteration, enlargement, intensification; reduction, or
augmentation, including, but not limited to, changes in size; shape, color, visual design, or exterior
material. "Modification" does not include repair, or maintenance if those actions do not involve
whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of
an existing wireless telecommunications facility.
"Monopole" means a structure composed of a poleof tower used to support antennas or related
equipment. A monopole includes a monopine, monopelm and similar monopoles camouflaged to
resemble faux trees or other faux objects attached''on a rnbnopole (e.g. clock tower or water
tower).
"Mounted" means attached or supported.
"OTARD antennas" means antennas covered by the "over -the -air reception devices" rule codified
at 47 C.F.R. sections 1.4000 et'seq. as maybe amended from time to time.
"Permittee" means any person or entity granted a WTFP pursuant to this chapter
"Personal wireless services.", shall have the same meaning as set forth in 47 United States Code
(USC) Sectiorig�32(c)(7)(C)(i).
"Pole" means a sidbje.shaft of wood, steel, concrete or other material capable of supporting the
equipment mountedthereon in a safe and adequate manner and as required by provisions of this
code.
"Public right-of-way" or "PROW' means a strip of land acquired by reservation, dedication,
prescription, condemnation, or easement that allows for the passage of people, vehicles and
goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, parkway,
sidewalks, roadway and medians. The PROW does not include lands owned, controlled or
operated by the City for uses unrelated to streets or the passage of people and goods, such as,
without limitation, parks, City hall and community center lands, City yards, and lands supporting
reservoirs, water towers, police or fire facilities.
"Replacement" refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where the replacement structure will
be of like -for -like kind to resemble the appearance and dimensions of the structure or equipment
replaced, including size, height, color, landscaping, materials and style.
In the context of determining whether an application qualifies as an eligible facilities
request, the term "replacement" relates only to the replacement of transmission
DRAFT
equipment and does not include replacing the support structure on which the
equipment is located.
2. In the context of determining whether a SWF application qualifies as being placed
upon a new eligible support structure or qualifies as a collocation, an application
proposing the "replacement" of the underlying support structure qualifies as a new
pole proposal.
"RF" means radio frequency.
"Small cell" means a low -powered antenna (node). A "small cell may or may not be connected
by fiber. "Small," for purposes of "small cell," refers to the area covered, not the size of the facility.
"Small cell" includes, but is not limited to, devices generally known as microcells, picocells and
femtocells.
"Spectrum Act" means the Middle Class Tax Relief Act and Job': Creation Act of 2012 including
Section 6409 codified at 47 U.S.C. §1455(a).
"Substantial change" has the same meaning as "substantial change' as defined by the FCC at 47
C.F.R. 1.6100(b)(7). If undergrounding the cabine is technologically infeasible such that it is
materially inhibitive to the project, the Director o%Public Works may allow for a ground mounted
cabinet. A modification or collocation results is a 'substantial change' to the physical dimensions
of an eligible support structure if it does any of the fgllowing:
1. It increases tho,height of the structure by more than 10% or more than ten feet,
whichever is greeter;
2. It involves adding an appurtenance to the body of the structure that would protrude
from the wise of the structure by more than six feet;
3. Itinvolves installation of any new equipment cabinets on the ground if there are no
preexisting' ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than 10% larger in height or overall
volute than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site. However, if an
existing pole -mounted cabinet is proposed to be replaced with an underground
cabinet at a facility where there are no pre-existing ground cabinets associated
with the structure, such modification may be deemed a non- substantial change,
in the discretion of the Director of Public Works and based upon their reasonable
consideration of the cabinet's proximity to residential structures, residential view
sheds, interference to public views and/or degradation of concealment elements;
5. It defeats the concealment or stealthing elements of the eligible support structure;
or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure, provided however that
this limitation does not apply to any modification that is non-compliant only in a
manner that would not exceed the thresholds identified in paragraphs 1 through 4
of this definition.
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17:7_1
"Support structure" means a tower, pole, base station or other structure used to support a wireless
telecommunications facility.
"SWF" means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(1) as may be
amended, which are personal wireless services facilities that meet all the following conditions
that, solely for convenience, have been set forth below:
1. The facility:
a. Is mounted on an existing or proposed structure 50 feet or less in height,
including antennas, as defined in Title 47 G.F.R. Section 1.1320(d); or
b. Is mounted on an existing or proposed structure no more than 10 percent
taller than other adjacent structures, or,
C. Does not extend an existing structure onwhich it is located to a height of
more than 50 feet or by more than 10 percent;, whichever is greater;
2. Each antenna associated with the' deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)),
is no more than three cubic feet involume; "
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the 'antenna and any pre-existing associated
equipment on.tFe sfnici ,j s no more than 28 cubic feet in volume;
4. The facility does not,require antenna structure registration under 47 C.F.R. Part
17;
5. The facility is, not located on Tribal lands, as defined under Title 36 C.F.R. Section
800.16(x); and
6. The facility does not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in Title 47 C.F.R. Section
1.1307(b).
"SWF Regulations" means those regulations adopted by the City council (City Council Policy)
implementing the provisions of this chapter applicable to SWFs and further regulations and
standards applicable to SWFs.
"Telecommunications tower" or "tower" bears the meaning ascribed to wireless towers by the FCC
in 47 C.F.R. § 1.61000(b)(9), including without limitation a freestanding mast, pole, monopole,
guyed tower, lattice tower, free standing tower or other structure designed and built for the sole
or primary purpose of supporting any FCC -licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site. This
definition does not include utility poles.
"Transmission equipment" bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R.
§ 1.61000(b)(8), including equipment that facilitates transmission for any FCC -licensed or
4902-2765-4694
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
"Utility pole" means any pole or similar structure owned by any utility company that is primarily
used to support wires or cables necessary to the provision of electrical or other utility services
regulated by the California Public Utilities Commission. A telecommunications tower is not a utility
pole.
"Wireless telecommunications facility" means equipment and network components such as
antennas, accessory equipment, support structures, and emergency power systems that are
integral to providing wireless telecommunications services. Exceptions: The term "wireless
telecommunications facility" does not apply to the following:
1. Government-owned and operated telecommunications facilities.
2. Emergency medical care provide r'owned and operated telecommunications
facilities.
3. Mobile serviges� providing publicu,)nformation coverage of news events of a
temporarynature.
4. Any wireless telecomrnuniations facilities exempted from this code by federal law
or state law.
"Wireless telecommunications services" means the provision of services using a wireless
telecomm,t, cations facility; and shall include, but not limited to, the following services: personal
wireless services, cellulai` service, personal communication service, and/or data radio
"WTFP" means a `wireless telecommunications facility permit' required by this chapter, including
a Major WTFP or an Administrative WTFP.
12.54.030. APPLICABILITY.
This chapter applies to the siting, construction or modification of any and all wireless
telecommunications facilities proposed to be located in the public right-of-way as follows:
A. Pre-existing Facilities in the PROW. Nothing in this chapter shall validate any existing
illegal or unpermitted wireless facilities. All illegal or unpermitted wireless facilities shall
comply with this chapter and obtain a WTFP, and an encroachment permit when
applicable, to be considered legal and conforming.
B. This chapter does not apply to the following:
1. Amateur radio facilities;
2. OTARD antennas;
4902-27654694 7
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3. Facilities owned and operated by the City for its use or for public safety purposes;
4. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of state
or federal law, or franchise agreement, are preemptive of the terms of this chapter,
then the terms of this chapter shall be severable to the extent of such preemption
and all remaining regulations shall remain in full force and effect.
5. Installation of a COW or a similar structure for a temporary period in connection
with an emergency or event at the discretion of the Director of Public Works, but
no longer than required for the emergency or event, provided that installation does
not involve excavation, movement, or removal of existing facilities .Said COWS
shall be subject to any other City approval'including;but not limited to a temporary
use permit.
C. Public use. Except as otherwise provided by state or federal law, any use of the PROW
authorized pursuant to this chapter will be subordinate to the City's use and use by the
public.
12.54.040. WIRELESS TELECOMMUNICATIONS FACILITY PERMIT REQUIREMENTS.
A. Administration. The Directorof Public Works is responsible for administering this chapter.
As part of the administration of this chaptei£, he Director of Public Works may:
1. Interpret the piovisions of tb s chapter;
2. Develop and implement standards governing the placement, appearance and
modification of wireless telecommunications facilities consistent with the
requirements; of this chapter, including regulations governing collocation and
;resolution 6t,conflicting applications for placement of wireless facilities;
3. Develop and implement acceptable design, location and development standards
4"y+
for Wireless telecommunications facilities in the PROW, taking into account the
zoning districts bounding the PROW;
4. Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this chapter;
5. Collect, as a condition of the completeness of any application, any fee established
by this chapter;
6. Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal and
state laws and regulations;
7. Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should
be issued;
4902-2765-4694
T7_1 2 1
8. Require, as part of, and as a condition of completeness of any application, that an
applicant for a wireless encroachment permit send notice to members of the public
that may be affected by the placement or modification of the wireless facility and
proposed changes to any support structure per City requirements for approvals
and/or permits related to installations in the PROW;
9. As provided herein, determine whether to approve, approve subject to conditions,
or deny an application; and
10. Take such other steps as may be required to act upon applications for placement
of wireless telecommunications facilities, including issuing written decisions and
entering into agreements to mutually extend the time for action on a6 application.
Administrative Wireless Telecommunications Facilities Permits ("Administrative WTFP").
1. An Administrative WTFP, subject to the Director bf,.Public Works's approval, may
be issued for wireless telecommunications facilities; collocations, or modifications
to an eligible support structure that.meet the following' criteria:
a. The proposal is determined to�be fdra,SWF; or
b. The proposal is determined to be an eligible facilities request; or
C. Both;,,;_
2. In the event thaf the Director of Public Works determines that any application
subftitted, for an Administrative WTFP does not meet the administrative permit
criteria of this chapte1.r; the Director of Public Works shall convert the application to
a Major WTIP for planning commission hearing.
C. Major Wireless Telecommunications Facilities Permit ("Major WTFP"). All other proposed
wireless f ' communications facilities or replacements, collocations, or modifications to a
wireless tecommunications facility that are not qualified for an Administrative WTFP shall
be subject iu' he requirements outlined in the Code for Wireless Telecommunications
Facilities at chapter 17.54.
D. Special Provisions for SWFs; SWF Regulations. Notwithstanding any other provision of
this chapter as provided herein, all SWFs are subject to a permit as specified in the SWF
Regulations, as are adopted by City Council resolution. All SWFs, shall comply with the
SWF Regulations, as they may be amended from time to time.
The SWF Regulations are intended to be constructed in consistency with, and
addition to, the terms and provisions of this chapter. To the extent general
provisions of this chapter are lawfully applicable to SWFs, such terms shall apply
unless in contradiction to more specific terms set forth in the SWF Regulations, in
which case the more specific terms of the SWF Regulations shall control.
E. Other Permits Required. In addition to any permit that may be required under this chapter,
the applicant must obtain all other required prior permits or other approvals from other City
departments, or state or federal agencies. Any permit granted under this chapter is subject
to the conditions and/or requirements of other required prior permits or other approvals
4902-2765-4694
191:1.1121
from other City departments, state or federal agencies. Building and encroachment
permits, and all City standards and requirements therefor, are applicable.
F. Eligible Applicants. Only applicants who have been granted the right to enter the PROW
pursuant to state or federal law, or who have entered into a franchise agreement with the
City permitting them to use the PROW, shall be eligible for a WTFP pursuant to this
chapter.
12.54.050. APPLICATION FOR WIRELESS TELECOMMUNICATIONS FACILITY
PERMITS.
A. Generally. The applicant shall submit a paper copy and an electroniccopy of any
application, amendments, or supplements to, a WTFP application, or responses to
requests for information or notice of incomplete regarding an WTFP, in accordance with
the provisions of this section. SWF applications shall be;governed by any additional terms
set forth in the SWF Regulations, and in the event of an inconsistency between the
provisions of this Section and the terms of the SWF Regulations, the Regulations shall
control.
1. All applications for WTFPs shall,be.initially submitted to the City along with the
information required for an encroachment permit or any other permit required by
this Code. Each applicant shall fully and completely submit to the City a written
application ori a formaprepared by *Director of Public Works.
2. Application Submittal Appointment. It is recommended that all WTFP applications
must be submi444 to the director of Public Works at a pre -scheduled application
submission appointment. City staff will endeavor to provide applicants with an
appointment within frinbusiness days after receipt of a written request.
3. If the wireless telecommunications facility will also require the installation of fiber,
cable or coaxial cable, such cable installations shall be included within the
app cation form and processed in conjunction with the proposal for vertical support
stricure(s). Applicants shall simultaneously request fiber installation or other
cable" installation when seeking to install antennas in the PROW. Standalone
applications for the installation of fiber, cable or coaxial cable, or accessory
equipment designed to serve an antenna must include all features of the wireless
telecommunications facility proposed. Installation of fiber, cable or coaxial cable,
such as cable installations that are not affiliated with a vertical support structure do
not qualify as a WTFP and shall be subject to the requirements, policies and
procedures established by the City.
B. Application Contents—Administrative WTFPs. The content of the application form for
facilities subject to an Administrative WTFP shall be determined by the Director of Public
Works, but at a minimum shall include the following:
The name of the applicant, its telephone number and contact information, and if
the applicant is a wireless infrastructure provider, the name and contact information
for the wireless service provider that will be using the wireless facility.
2. The name of the owner of the structure, if different from the applicant, and a signed
and notarized letter demonstrating the owner's authorization for use of the
4902-27654694 10
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structure or a copy of the lease or other agreement between the applicant and the
owner of the structure.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner's authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
4. A complete description of the proposed wireless telecommunications facility and
any and all work that will be required to install or modify it, including, but not limited
to, detail regarding proposed excavations, if any; detailed site plans showing the
location of the wireless telecommunications facility including all utility equipment,
and dimensioned drawings with specifications for each element of.Yhe wireless
facility, clearly describing the site and all structures and facilities at the site before
and after installation or modification; and'a rdimensioned map identifying and
describing the distance to the nearest residential dwelling unit and any historical
structure within 500 feet of the facility. And photo'simulations must be provided
depicting the proposed location before and after the proposed installation taken
from four different angles (e.g. norttt�squth, east and the,
views).
5. Detailed engineering plans of tt
and related report, prepared by
;less telecommunications facility
engineer registered in the state
a. Height/elevabdri, diameter,' layout and design of the facility, including
technical ldlhee�p specifications, economic and other pertinent factors
governirr 'selection`of the proposed design, together with evidence that
demonstrates that the proposed facility has been designed to be the least
intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact; proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
C. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving
the carrier identified in the application).
d. Total anticipated capacityof the wireless telecommunications facility for the
subject carrier, indicating the number and types of antennas and power and
frequency ranges, which can be accommodated.
e. Sufficient evidence of the structural integrity of the support structure as
required by the City.
6. Documentation sufficient to show that the proposed facility will comply with
generally -applicable health and safety provisions of the Code and the FCC's radio
frequency emissions standards.
4902-2765-4694 11
FI:_
If the application is for a SWF, the application shall state as such and shall explain
why the proposed facility meets the definition of a SWF. And the application must
contain all additional application information, if any, required by the SWF
Regulations.
S. If the application is for an eligible facilities request, the application shall state as
such and must contain information sufficient to show that the application qualifies
as an eligible facilities request, which information must demonstrate that the
eligible support structure was not constructed or deployed; without proper local
review, was not required to undergo local review, or involves equipment that was
not properly approved or installed in compliance with City approved plans. This
shall include copies of all applicable local permits in- effect and as -built drawings
of the current site.
9. If the applicant contends that denial of the application would prohibit or effectively
prohibit the provision of service in violation of'federal law, or otherwise violate
applicable law, the application must provide all information on which the applicant
relies on in support of that claw: A¢pllcants are not permitted to supplement this
showing if doing so would prevent tf�e;.City from complying with any deadline for
action on an application.
C. Application Contents—,Aajor. WTFPs. The Director of Public Works shall develop an
application form and'make it available to apokcants upon request and post the application
form on the City's website. The application form for a Major WTFP shall require the
following information'ih,add rtro-0-to-all' other information determined necessary by the
Director of Public Works;',
1. The name;.,address and telephone number of the applicant, owner and the
operator of the proposed wireless telecommunication facility.
2. If:the applicant does not, or will not, own the support structure, the applicant shall
provide a duly -executed letter of authorization from the owner of the structure. If
the &vner of the support structure is the applicant, but such owner/applicant will
not directly provide wireless telecommunications services, the owner/applicant
shall provide a duly -executed letter of authorization from the person(s) or
entity(ies) that will provide those services.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner's authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
4. A full written description of the proposed wireless telecommunications facility and
its purpose.
5. Detailed engineering plans of the proposed wireless telecommunications facility
and related report prepared by a professional engineer registered in the state
documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
4902-2765-4694 12
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demonstrates that the proposed facility has been designed to be the least
intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with all design and safety requirements set forth in this
chapter.
b. A photograph and model name and number of each piece.of the facility or
proposed antenna array and accessory equipment included:
C. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving
the carrier identified in the application)Ss``,'.
d. Total anticipated capacity of the wireless telecommunications facility for the
subject carrier, indicating th6pumber and types of antennas and power and
frequency ranges, which can tie accommodated.
e. Sufficient evidence of the structural integrity of the support structure as
required by, the City.
6. A written description identifying the geographic service area to be served by the
proposed wTkplus geaglpaphic or propagation maps showing applicant's service
7. Ajustificaiion study which includes the rationale for selecting the proposed wireless
telecommunication facility design, support structure and location. A detailed
explanation of the applicant's coverage objectives that the proposal would serve,
and how the proposed use is the least intrusive means for the applicant to cover
such obleciives. This shall include:
a. ""A meaningful comparative analysis that includes the factual reasons why
the proposed location and design deviates is the least noncompliant or
intrusive location and design necessary to reasonably achieve the
applicant's reasonable objectives of covering an established significant gap
(as established under state and federal law).
b. Said study shall include all eligible support structures and/or alternative
sites evaluated for the proposed wTFP, and why said alternatives are not
reasonably available, technically feasible options that most closely conform
to the local values. The alternative site analysis must include the
consideration of at least two eligible support structures; or, if no eligible
support facilities are analyzed as alternatives, why no eligible support
facilities are reasonably available or technically feasible.
C. If a portion of the proposed facility lies within a jurisdiction other than the
City's jurisdiction, the applicant must demonstrate that alternative options
for locating the project fully within one jurisdiction or the other is not a viable
option. Applicant must demonstrate that it has obtained all approvals from
4902-2766-4694 13
:?A 2
the adjacent jurisdiction for the installation of the extra -jurisdictional portion
of the project.
8. A completed environmental assessment application, or in the alternative any and
all documentation identifying the proposed WTFP as exempt from environmental
review (under the California Environmental Quality Act, Public Resources Code
21000-21189, the National Environmental Policy Act, 42 U.S.C. §4321 et seq., or
related environmental laws). Notwithstanding any determination of environmental
exemption issued by another governmental entity, the City reserves its right to
exercise its rights as a responsible agency to review de novo the environmental
impacts of any WTFP application.
9. An accurate visual impact analysis showing the maximum silhouette, view -shed
analysis, color and finish palette and proposedscreening for the wireless
telecommunications facility, including scaled' photo simulations from at least 4
different angles (e.g north, south, east, west),.
10. Documentation sufficient to shbmi)1hat the proposed facility will comply with
generally -applicable health and safetjrprovisions of the Code and the FCC's radio
frequency emissions standards.:;
11. Copies of any; documents that the applicant is required to file pursuant to Federal
Aviation Administration regulations for the proposed wireless telecommunications
facility.
L
12. A noise study prepared by a qualified acoustic engineer documenting that the level
,offics to be emitted by the proposed wireless telecommunications facility will
0
comply inrith this code, including Chapter 8.36 (Noise Control) of this Code.
13. A traffic control plan when applicable. The City shall have the discretion to require
�a raffic control plan when the applicant seeks to use large equipment (e.g. crane)
es approved by the Director of Public Works.
14. If required by the City, a scaled conceptual landscape plan showing existing trees
and vegetation and all proposed landscaping, concealment, screening and
proposed irrigation with a discussion of how the chosen material at maturity will
screen the wireless telecommunication facility.
15. Certification that applicant is a telephone corporation or a statement providing the
basis for its claimed right to enter the right-of-way. If the applicant has a certificate
of public convenience and necessity (CPCN) issued by the California Public
Utilities Commission, it shall provide a copy of its CPCN.
16. Evidence that the proposed wireless telecommunications facility qualifies as a
"personal wireless services facility" as defined in United States Code, Title 47,
Section 332(c)(7)(C)(ii).
17. Address labels for use by the City in noticing all property owners within 300 feet of
the proposed wireless telecommunication facility and, if applicable, all public
hearing information required by this Code for public noticing requirements.
4902-2765-4694 14
18. Any other information and/or studies reasonably determined to be necessary by
the Director of Public Works may be required.
D. Fees and Deposits Submitted with Application(s). For all WTFPs, application fee(s) shall
be required to be submitted with any application, as established by City council resolution
and in accordance with California Government Code Section 50030. Notwithstanding the
foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a
WTFP unless paid as a refundable deposit.
E. Independent Expert. The Director of Public Works , is authorized to retain.on behalf of the
City one or more independent, qualified consultant(s) to review any WTFP application.
The review is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall include, but not limited to, application completeness
or accuracy, structural engineering analysis, or compliance with FCC radio frequency
emissions standards.
F. Costs. Reasonable costs of City staff, consultant and attorney time (including that of the
City Attorney) pertaining to the revid processing, noticing and hearing procedures
directly attributable to a WTFP shall be feim[trsable to the City.
G. Effect of State or Federal Law on Application Process. In the event a state or federal law
prohibits the collectiorvaf;any information or application conditions required by this
Section, the Director of Public Works is arrtt?orized to omit, modify or add to that request
from the City's appiieation form. Requests for waivers from any application requirement of
this Section shall be matlem wtitrttq to he Director of Public Works or his or her designee.
The Director of Pub lic'V1lofks may grant a request for waiver if it is demonstrated that,
notwithshandirg the issuance of a waiver, the City will be provided all information
necessary to understand the nature of the construction or other activity to be conducted
pufuant to the WTFP sought. All waivers approved pursuant to this Subsection shall be
(1) gf nted only on,'A case-by-case basis, and (2) narrowly -tailored to minimize deviation
from tfe teauirements of the Code.
H. Applicationgi" Deemed Withdrawn. To promote efficient review and timely decisions, any
application governed under this chapter will be automatically deemed withdrawn by the
applicant when the applicant fails to tender a substantive response to the City on any
application within thirty (30) calendar days after the application is deemed incomplete in a
written notice to the applicant. The Director of Public Works may, in his/her discretion,
grant a written extension for up to an additional thirty (30) calendar days when the
applicant submits a written request prior to the 60th day, after the date of the notice of
incomplete, that shows good cause to grant the extension.
Waiver of Applications Superseded by Submission of New Project. If an applicant submits
a WTFP application, but substantially revises the proposed facility during the application
process prior to any City hearing or decision on such application, the substantially revised
application shall be deemed a new application for all processing purposes, including
federal shot clocks, and the prior submittals deemed waived and superseded by the
substantially revised application. For purposes of this subparagraph, "substantially
revised" means that the project as initially -proposed has been alternately proposed for a
location 200 feet or more from the original proposal and within the same street
classification or constitutes a substantial change in the dimensions or equipment that was
proposed in the original WTFP application.
4902-2765-4694 15
J. Rejection for Incompleteness. WTFPs will be processed, and notices of incompleteness
provided, in conformity with state, local, and federal law. If such an application is
incomplete, it may be rejected or denied by the Director of Public Works by notifying the
applicant in writing and specifying the material omitted from the application.
12.54.060. REVIEW PROCEDURE.
A. Generally. Wireless telecommunications facilities shall be installed and modified in a
manner that minimizes risks to public safety and utilizes installation of new support
structures or equipment cabinets in the PROW only after all existing and replacement
structure options have been exhausted, and where- feasible, places equipment
underground, and otherwise maintains the integrity and character of the 'neighborhoods
and corridors in which the facilities are located;,e"hsures that installations are subject to
periodic review to minimize the intrusion on the PROW; and ensures that the City bears
no risk or liability as a result of the installations, and that such use does not inconvenience
the public, interfere with the primary uses of the PROW, or hinder the ability of the City or
other government agencies to improve,modify, relocate, abandon, or vacate the PROW
or any portion thereof, or to cause the improvement, modification, relocation, vacation, or
abandonment of facilities in the PROW.'.
B. Findings Required for Approval.
1. Administratiye WTFP Applications for=SWFs. For WTFP applications proposing a
SWF, the Director of Public Works , as the case may be, shall approve such
application i1z on the basis of the application and other materials or evidence
provided in review thereof, all of the following findings can be made:
a. The facility qualifies as a SWF; and
b. The facility meets applicable requirements and standards of State and
law.
c. .The facility meets all standards, requirements and further findings as may
be specified in the SWF Regulations; and
The facility is not detrimental to the public health, safety, and welfare; and
2. Administrative WTFP Applications for Eligible Facility Requests. For WTFP
applications proposing an eligible facilities request, the Director of Public Works
shall approve such application if, on the basis of the application and other materials
or evidence provided in review thereof, all of the following findings can be made:
a. That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply with all generally -applicable laws
including all health and safety codes.
3. Major WTFP Applications. No Major WTFP shall be granted unless all of the
following findings are made by the applicable decision -maker:
4902-2766-0694 16
DRAFT
a. If applicable, all notices required for the proposed WTFP have been given,
including the inclusion or placement on-site, of photo simulations for the
proposed facility.
b. The proposed wireless telecommunications facility has been designed and
located in compliance with all applicable provisions of this chapter.
C. If applicable, the applicant has demonstrated its inability to locate on an
eligible support structure.
d. The applicant has provided sufficient evidence supporting3he applicant's
claim that it has the right to enter the public right-of-way pursuant to state
or federal law, or the applicant has entered into a franchise agreement with
the City permitting them to use the public right-of-way.
e. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means
possible, supported by faaOM evidence and a meaningful comparative
analysis to show that allalterrlatN : locations and designs identified in the
application review process were ted ['ically infeasible or not reasonably
available.
C. Notice; Decisions. The provisions in this Section describe the procedures for the approval
notice and public hearings for a WTFP application.
process, any required;
applications shall not require notice.
2. Major WPF;P Applications. Any Major WTFP application shall require notice and a
public hearing. Notice of such hearing shall be provided in accordance with
:=.Government; Code Section 65091. Public notices shall include color photo
Simulations from four (4) different angles depicting the wireless telecommunication
faality as proposed to be considered by the planning commission. If the application
pr4,&es' the use of an existing or replacement eligible support structure, such
simulations shall be posted upon the proposed support structure for a period of
thirty (30) days prior to the date of approval or such time as the Director of Public
Works deems appropriate which may include consideration of any applicable
federal shot clock; such posted simulations shall remain in-place until final decision
on the application is reached.
3. Written Decision Required for All WTFP Determinations. Unless otherwise
specified for SWF's in the SWF Regulations, all final decisions made pursuant to
this chapter, including those for administratively -processed permits and eligible
facilities requests, shall be in writing and based on substantial evidence in the
written administrative record. Within five (5) days after any decision to approve,
deny or conditionally approve a WTFP application, the Director of Public Works ,
shall provide written notice to the applicant which shall include the following:
a. A description of the property involved;
4902-2755-4694 17
DRAFT
b. A general explanation of the decision, including the findings required for the
decision, if any, and how those findings were supported or not supported
by substantial evidence;
C. Information about applicable rights to appeal the decision and explanation
of how that right may be exercised for Major WTFP Applications; and
To be given to:
(i) The project applicant and property owner,
(ii) Any person who submitted written comments concemin'g the WTFP,
(iii) Any person who has filed a written request with the City to receive
such notice, and
(iv) Any homeowner association on file with the City that has jurisdiction
over theWTFPsftes-
:
4. Once a WTFP is approved, no!;changes shall be made to the approved plans
without review and approval in add0ordance with this chapter.
D. Appeals.
1. The administrative decision of Administrative WTFPs shall be final.
0,
2. Appeals,,of decisions related to Major WTFPs shall proceed as provided in
accordance with the appeal provisions in Title 17 of the Zoning Code, Chapter
17.160.
E. Notice;nf Shot Clock Expiration. The City acknowledges there are federal and state shot
clocks whih may be applicable to a proposed wireless telecommunications facility. That
is, federal �d,state law provide time periods in which the City must approve or deny a
proposed Wireless telecommunications facility. As such, the applicant is required to
provide the City prior written notice of the expiration of any shot clock, which the applicant
shall ensure is received by the City (e.g. overnight mail) no later than twenty (20) days
prior to the expiration.
i VAt, Klyfl 11:61N'Ic1,107a]V 1=1KOl,ul_4a&-t/_1IIB7c1:15b-3
A. SWF Design and Development Standards. SWFs are subject to those design and
development standards and conditions of approval set forth in the SWF Regulations. The
City's grant of a WTFP for a SWF does not waive, and shall not be construed to waive,
any standing by the City to challenge any FCC orders or rules related to SWF facilities, or
any modification to those FCC orders or rules.
B. Eligible Facilities Request Design and Development Standards. Approved eligible facilities
requests forwhich the findings set forth in Section XX.XX.060 have been made are subject
to the following conditions, unless modified by the approving authority:
4902-2765-4694 18
DRAFT
1. WTFP subject to conditions of underlying permit. Any WTFP granted in response
to an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit and all such conditions that were
applicable to the facility prior to approval of the subject eligible facility request.
2. No permit term extension. The City's grant or grant by operation of law of an eligible
facilities 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 eligible facilities request permit will not extend the
permit term for the underlying permit or any other underlying regulatory approval,
and its term shall have the same term as the underlying permit or 6 r`regulatory
approval for the subject tower or base station -
3. No waiver of standing. The City's approval or approval by operation of law of an
eligible facilities request does not waive, and shall'not be construed to waive, any
standing by the City to challenge; Section 6409(a) of the Spectrum Act, any FCC
rules that interpret Section 64091ajjnf the Spectrum Act, or any modification to
Section 6409(a) of the Spectrum Act ; .
C. Major WTFP Design and Development` Standards. All wireless telecommunications
facilities subject to a MajorWTFP that are located within the PROW shall be designed and
maintained as to minimize visual, noise anitother impacts on the surrounding community
and shall be planned;. designed, located, -and erected in accordance with the following
standards: «.-
1. GenerahGuidelines.
a. The ;applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually
screened as possible, to prevent the facility from dominating the
surrounding area and to minimize significant view impacts from
surrounding properties and public views, all in a manner that achieves
compatibility with the community and in compliance with this code.
b. Screening shall be designed to be architecturally compatible and
harmonious with surrounding structures using appropriate techniques to
camouflage, disguise, and/or blend into the environment, including
landscaping, color, and other techniques to minimize the facility's visual
impact as well as be compatible with the architectural character of the
surrounding buildings or structures and landscaping in terms of color, size,
proportion, style, and quality.
C. Wireless telecommunications facilities shall be located consistent with
SecXX.XX.080 (Location Restrictions) unless an exception is granted.
2. Safety. All facilities shall be designed and located in such a manner as to avoid
adverse impacts on the public including traffic and/or pedestrian safety.
4902-2765-4694 19
DRAFT
3. Blending Methods. All facilities shall have subdued colors and non -reflective
materials that blend with the materials and colors of the surrounding area,
infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of
wireless telecommunications services that is technically feasible. Antenna
elements shall be flush mounted, to the extent feasible, with all cables and wires
clipped -up, concealed or otherwise out of public view.
5. Support Structures.
a. Pole -Mounted Only. Only pole -mounted antennas (excepting wooden utility
poles per subparagraph 5.b below),; shall be permitted in the public right-of-
way. Mountings to all other forms of support structure in the public right- of -
way are prohibited unless an exceptionpursuant to Section XX.XX.080 is
granted.
b. Utility Poles. The maximumsheight of any antenna shall not exceed forty-
eight (48) inches above the Ffetght.of an existing utility pole, nor shall any
portion of the antenna or egupmenYm4unted on a pole be less than twenty-
four (24) feet above any`'d'rivable road surface. All installations on utility
poles shall. fully comply wSth the California Public Utilities Commission
general orders including, biutnot limited to, General Order 95, as may be
C. Light Poies The maktmum height of any antenna shall not exceed forty-
_ ioght (48) inches above the existing height of a light pole. Any portion of the
antenna or equipment mounted on a pole shall be no less than sixteen and
ore alf (16'/) feet above any drivable road surface.
Replacement Poles. If an applicant proposes to replace a pole that is an
eligible support structure to accommodate the proposed facility, the
1.
replacement pole shall be designed to resemble the appearance and
dimensions of existing poles near the proposed location, including size,
height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four (4) cubic
feet in dimension.
No new guy wires shall be allowed unless required by other laws or
regulations.
g. An exception pursuant to Section XX.XX.080 shall be required to erect any
new support structure (non -eligible support structure) that is not the
replacement of an existing eligible support structure.
h. As applicable to all new support structures (non -eligible support structures),
regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing
support structures of the same type in the right-of-way near that
4902-2765-4694 20
-?,
location, including size, height, color, materials and style, with the
exception of any existing structural designs that are scheduled to
be removed and not replaced.
(ii) Such new support structures shall not adversely impact public view
corridors and shall be located to the extent feasible in an area
where there is existing natural or other feature that obscures the
view of the new support structure. The 'applicant shall further
employ concealment techniques to blend the new support structure
with said features including but not limited tb., the addition of
vegetation if feasible.
(iii) A justification analysis shall be submitted for all new support
structures that are not replacements to demonstrate why an eligible
support facility cannot be utilized and demonstrating the new
structure is the least intrusive means possible, including a
demonstration that.the new structure is designed to be the minimum
functional height hi, .:width required to support the proposed
wireless telecom[ipunii;' cipty.
All cables, including, but ngflimited to, electrical and utility cables, shall be
run withinthe interior of thd. support structure and shall be camouflaged or
hidden to the fullest extent3fe`asible. For all support structures wherein
inter igrinstaliation is infeasible, conduit and cables attached to the exterior
shall bemquntedflu§h_ tfereto and painted to match the structure.
6. So6de»Each facility shall be designed to occupy the least amount of space in the
right -of-' that is technically feasible.
I Load*,; ach facility shall be properly engineered to withstand wind loads as
fired by; is code or any duly adopted or incorporated code. An evaluation of
.Wind; load capacity shall include the impact of modification of an existing
8. Obstructions. Each component part of a facility shall be located so as not to cause
any physical or visual obstruction to pedestrian or vehicular traffic, incommode the
public's use of the right-of-way, or cause safety hazards to pedestrians and
motorists.
9. Public Facilities. A facility shall not be located within any portion of the public right-
of-way interfering with access to a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure, or any other public health or safety
facility.
10. Screening. All ground -mounted facility, pole -mounted equipment, or walls, fences,
landscaping or other screening methods shall be installed at least 18 inches from
the curb and gutter flow line.
11. Accessory Equipment. All accessory equipment proposed installed shall be the
least intrusive equipment possible. All pole mounted equipment shall not extend
4902-2765-4694 21
DRAFT
past the diameter of the pole except to the extent technologically required. In the
alternative, the accessory equipment may be located underground.
12. Landscaping. Where appropriate, each facility shall be installed so as to maintain
and enhance existing landscaping on the site, including trees, foliage and shrubs.
13. Modification. Consistent with current state and federal laws and if permissible
under the same, at the time of modification of a wireless, telecommunications
facility, existing equipment shall, to the extent feasible, be replaced with equipment
that reduces visual, noise and other impacts, including, but not limited to,
undergrounding the equipment and/or replacing larger, more visually intrusive
facilities with smaller, less visually intrusive facilities.
14. The installation and construction approvedby a wireless telecommunications
facility permit shall begin within one year after its approval or it will expire without
further action by the City.
12.54.080. LOCATION RESTRICTIONS, EXCFaP IONS FOR NON-COMPLIANT
WIRELESS TELECOMMUNICATIONS`.FACILITIES.
A. Pre -approved Locations.
1. The City may approve by resolutionkfollowing a duly noticed public hearing, a list
of sites whlcb may bes located on p iblic property or within the public right-of-way
and which are approved;for,wireless facilities, wireless transmission devices, or
related accessory equipment: Each site shall include a description of permissible
development and design characteristics, including, but not limited to, maximum
height requirements. The City shall make said resolution available to all persons
upon request. The approved list of locations may be subsequently amended by
resolution from time to time.
2. All.facilities'located on a public property site which is pre -approved in accordance
wild:^'subsection A.I. of this Section must obtain administrative approval from the
Public Works Director in accordance with administrative collocation requirements
of Section 17.54.090 of this Title, and any additional or different requirements
made applicable by this Section.
3. All leases. licenses or agreements related to use of public property sites, which
are pre -approved in accordance with subsection D.1. of this Section, shall be
nonexclusive. The owner or operator of a facility located on such public property
shall make the supporting structure of the facility available to any other applicant
wishing to collocate to the extent technically feasible.
4. Requirement for Separate Agreement. Any lease, license agreement for the use
of City -owned property for the purpose of erecting a wireless facility, wireless
transmission device and any related support structures and accessory equipment
shall require a negotiated agreement or other written license granted by the City.
The existence of a lease agreement or license shall not relieve applicant of any
obligations to obtain appropriate permits as required by this Code.
4902-2765-4694 22
DRAFT
Locations Requiring an Exception. WTFPs are strongly disfavored in certain areas and on
certain support structures. Therefore, the following locations are permitted only when an
exception has been granted pursuant to Subsection B hereof:
Public right-of-way within those zones as identified in the general plan as historic
districts, or within 100 feet of designated historic buildings;
2. Areas of the City established as "Underground Districts."
C. Required Findings for an Exception. For any WTFP requiring an "exception" under this
chapter, no such exception shall be granted unless the applicant demonstrates with clear
and convincing evidence all the following:
1. The proposed wireless facility qualifies as a "personal wireless services facility" as
defined in United States Code, Title 47, Section';332(c)(7)(C)(ii); and
2. The applicant has demonstrated, that strict compliance with any provision in this
chapter for a WTFP would effedialy prohibit the provision of personal wireless
services; and
3. The applicant has provided the City'with a meaningful comparative analysis that
includes the factual reasons why ar y alternative location(s) or design(s) suggested
by the City, or otherwise identified'ipthe administrative record, including but not
limited to poferntial alternatives identified at any public meeting or hearing, are not
technically feasible or reasonably available; and
4. The'appticant has provided the City with a meaningful comparative analysis that
includes 'f
includes reasons why the proposed location and design deviates is the
least noncompliant location and design necessary to reasonably achieve the
applicant's reasonable objectives.
�* 3
D. Scope. The planning commission or Director of Public Works , as applicable, shall limit an
exemption'%va-WTFP to the extent to which the applicant demonstrates such exemption
is necessarylb reasonably achieve compliance with state and federal law and/or service
needs of the community. The planning commission or Director of Public Works , as
applicable, may adopt conditions of approval as reasonably necessary to promote the
purposes in this chapter and protect the public health, safety and welfare.
12.54.090. OPERATION AND MAINTENANCE STANDARDS.
All wireless telecommunications facilities must comply at all times with the following operation and
maintenance standards:
A. The permittee shall at all times maintain compliance with all applicable federal, state and
local laws, regulations and other rules, including, without limitation, those applying to use
of the PROW. The permittee shall ensure that all equipment and other improvements to
be constructed and/or installed in connection with the approved WTFP are maintained in
a manner that is not detrimental or injurious to the public health, safety, and general
welfare and that the aesthetic appearance is continuously preserved, and substantially the
same as shown in the approved plans.
4902-2765-4694 23
DRAFT
Unless otherwise provided herein, all necessary repairs and restoration shall be
completed by the permittee, owner, operator or any designated maintenance agent at its
sole cost within 48 hours:
1. After discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
2. After permittee, owner, operator or any designated maintenance agent receives
notification from the City.
C. Insurance. The permittee shall obtain and maintain throughout the term of the permit a
type and amount of insurance as specified by City's risk management:l The relevant
policy(ies) shall name the City, its elected/appointed officials, commission members,
officers, representatives, agents, and employees as additional insured. The permittee
shall use its best efforts to provide thirty (30) days prior notice to the Director of Public
Works of to the cancellation or material modification of any applicable insurance policy.
D. Indemnities. The permittee and, if appiicat e, the owner of the property upon which the
wireless facility is installed shall defend`inAemq�!Y and hold harmless the City, its agents,
officers, officials, and employees (i) from' ananfiaihlamages, liabilities, injuries, losses,
costs, and expenses, and from any and all;claims, demands, law suits, writs of mandamus,
and other actions or Qruceeding.3 brought' -against the City or its agents, officers, officials,
or employees to dlallengewattack, seekumodify, set aside, void or annul the City's
approval of the it, and (x) from any andall damages, liabilities, injuries, losses, costs,
and expenses, and artyand all,raain demands, law suits, or causes of action and other
actions or proceedings of any kind'or form, whether for personal injury, death or property
damage arfsing.out of or in connection with the activities or performance of the permittee
or,rvifapplicabl&, e private property owner or any of each one's agents, employees,
Gcehsees, contractors, subcontractors, or independent contractors. In the event the City
becomes aware of'any such actions or claims the City shall promptly notify the permittee
and, itapplicable„the private property owner and shall reasonably cooperate in the
defense ST.}ie City shall have the right to approve, which approval shall not be
unreasonaiijyi,wrthheld, the legal counsel providing the City's defense, and the property
owner and!or Permittee (as applicable) shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course
E. Performance Bond. Prior to issuance of a wireless encroachment permit, the permittee
shall file with the City, and shall maintain in good standing throughout the term of the
approval, a performance bond or other surety or another form of security for the removal
of the facility in the event that the use is abandoned or the permit expires, or is revoked,
or is otherwise terminated. The security shall be in the amount equal to 100% of the cost
of removal of the facility as specified in the application for the WTFP or as that amount
may be modified by the Director of Public Works in in the permit based on the
characteristics of the installation. The permittee shall reimburse the City for staff time
associated with the processing and tracking of the bond, based on the hourly rate adopted
by the City council. Reimbursement shall be paid when the security is posted and during
each administrative review.
F. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts
to avoid undue adverse impacts to adjacent properties and/or uses that may arise from
the construction, operation, maintenance, modification, and removal of the facility. All
4902-2766-4694 24
G.
:1
I9]:L\aI
facilities, including each piece of equipment, shall be located and placed in a manner so
as to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian
traffic, impair the primary use and purpose of poles/signs/traffic signals or other
infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise
obstruct the accessibility of the PROW.
Contact Information. Each permittee of a wireless telecommunications facility shall provide
the Director of Public Works with the name, address and 24-hour local or toll free contact
phone number of the permittee, the owner, the operator and the agentresponsible for the
maintenance of the facility ('contact information"). Contact information shall be updated
within seven days of any change.
All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and
the facility site shall be maintained in good condition, including ensuring the facilities are
reasonably free of:
1. Subsidence, cracking, erosion,,' 6
City streets, sidewalks, walks, cu
signals, improvements of any'
underground utility line and syster
etc.) that result from any activitir
and/or maintenance of a wireless
2. General dirt and grease;,
weakening, or loss of lateral support to
tees, trees, parkways, street lights, traffic
nature, or utility lines and systems,
�r, sewer, storm drains, gas, oil, electrical,
rmed in connection with the installation
in the PROW.
3. Chipped,, faded, peeling, and cracked paint;
4.' t Rust and corrosion;
5. Cracks, dents, and discoloration;
6. Missing, discolored or damaged artificial foliage or other camouflage;
7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must
be removed at the sole expense of the permittee within forty-eight (48) hours after
notification from the City.
8. Broken and misshapen structural parts; and
9. Any damage from any cause.
All trees, foliage or other landscaping elements approved as part of the facility shall be
maintained in neat, safe and good condition at all times, and the permittee, owner and
operator of the facility shall be responsible for replacing any damaged, dead or decayed
landscaping. No amendment to any approved landscaping plan may be made until it is
submitted to and approved by the Director of Public Works .
J. Each facility shall be operated and maintained to comply at all conditions of approval. The
permittee, when directed by the City, must perform an inspection of the facility and submit
a report to the Director of Public Works on the condition of the facility to include any
4902-2765-4694 25
K.
L.
M.
N.
:?
identified concerns and corrective action taken. Additionally, as the City performs
maintenance on City -owned infrastructure, additional maintenance concerns may be
identified. These will be reported to the permittee. The City shall give the permittee thirty
(30) days to correct the identified maintenance concerns after which the City reserves the
right to take any action it deems necessary, which could include revocation of the permit.
The burden is on the Permittee to demonstrate that it complies with the requirements
herein. Prior to issuance of a permit under this Chapter, the owner of the facility shall sign
an affidavit attesting to understanding the City's requirement for performance of annual
inspections and reporting.
All facilities permitted pursuant to this chapter shall comply with the American with
Disabilities Act.
The permittee is responsible for obtaining power to the facility and for the cost of electrical
usage.
Failure to comply with
reasonable opportunity to
the permit.
Interference.
1. The pern
any exist
owner of
affect the
all costs
ora
the City's adopted noise standard after written notice and
cure have b,ep giyen shall be grounds for the City to revoke
Ilnot move after temporarily relocate, change, or interfere with
lure, improvemerit, or property without the prior consent of the
cture, irnj rovement, or property. No structure, improvement, or
d the City` shall be moved to accommodate a permitted activity or
less the City determines that such movement will not adversely
ny surrounding businesses or residents, and the permittee pays
i expenses related to the relocation of the City's structure,
or property.
2. Pri r, to commencement of any work pursuant to a WTFP, the permittee shall
prole ttie City with documentation establishing to the City's satisfaction that the
permittee has the legal right to use or interfere with any other structure,
improvement, or property within the PROW or City utility easement to be affected
by permittee's facilities.
3. The facility shall not damage or interfere in any way with City property, the City's
operations or the operations of prior -existing, third party installations. The City will
reasonably cooperate with the permittee and/or carrier to carry out such activities
as are necessary to correct the interference.
a. Signal Interference. The permittee shall correct any such interference
within 24 hours of written notification of the interference. Upon the
expiration of the 24-hour cure period and until the cause of the interference
is eliminated, the permittee shall cease operation of any facility causing
such interference until such interference is cured.
b. Physical Interference. The City shall give the permittee forty-eight (48)
hours to correct the interference after which the City reserves the right to
4902-2765-4694 26
DRAFT
take any action it deems necessary, which could include revocation of the
permit.
4. The City at all times reserves the right to take any action it deems necessary, in its
sole discretion, to repair, maintain, alter, or improve the sites. Such actions may
temporarily interfere with the operation of the facility. The City will in all cases, other
than emergencies, give the applicant 30 days written notification of such planned,
non -emergency actions.
O. RF Exposure Compliance. All facilities must comply with all standards and regulations of
the FCC and any other state or federal government agency with the authority to regulate
RF exposure standards.
P. Records. The permittee must maintain complete and accurate copies of all permits and
other regulatory approvals issued in connection with the facility, which includes without
limitation this approval, the approved plans and photo' simulations incorporated into this
approval, all conditions associated with this approval and any ministerial permits or
approvals issued in connection with this do royal. In the event that the permittee does not
maintain such records as required in this condition or fails to produce true and complete
copies of such records within a reasonable,firhe after`a written request from the City, any
ambiguities or uncertainties that would 64 resolved through an inspection of the missing
records will be constnied against the perr ittee.
12.54.100. NO DANGERQUS CONDITION OR OBSTRUCTIONS ALLOWED.
No person shall install, use or maintain afi Gvireless telecommunications facility that in whole or
in part rests upon it J6r, over any public right-of-way, when such installation, use or maintenance
endangers,geis reasonably likely to endanger the safety of persons or property, or when such site
or location used for pu6kutility purposes, public transportation purposes or other governmental
use, or wh` used
facility unreasonably interferes with or unreasonably impedes the flow of
pedestrian or5'4 icular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any iresidence or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxs permitted sidewalk dining, permitted street furniture or other objects
permitted at or near°`said location.
12.54.110. PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS.
A. Permit Term. Unless Government Code Section 65964, as may be amended, authorizes
the City to issue a permit with a shorter term, a permit for any wireless telecommunications
facility shall be valid for a period of ten (10) years, unless pursuant to another provision of
this code it lapses sooner or is revoked. At the end of ten (10) years from the date of
issuance, such permit shall automatically expire.
B. A permittee may apply for a new permit within 180 days prior to expiration. Said application
and proposal shall comply with the City's current code requirements for wireless
telecommunications facilities.
C. Timing of Installation. The installation and construction authorized by a WTFP shall begin
within one (1) year after its approval, or it will expire without further action by the City. The
installation and construction authorized by a WTFP shall conclude, including any
4902-2765-4694 27
necessary post -installation repairs and/or restoration to the PROW, within thirty (30) days
following the day construction commenced.
12.54.120. CESSATION OF USE OR ABANDONMENT.
A. A wireless telecommunications facility is considered abandoned and shall be promptly
removed as provided herein if it ceases to provide wireless telecommunications services
for ninety (90) or more consecutive days unless the permittee hasrobtained prior written
approval from the director which shall not be unreasonably denied. Ifthere are two or more
users of a single facility, then this provision shall not become effective until all users cease
using the facility.
B. The operator of a facility shall notify the Director of Public Works in writing of its intent to
abandon or cease use of a permitted site or a nonconforming site (including unpermitted
sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of Public
Works of any discontinuation of operations of 30 days or more.
C. Failure to inform the Director of Public Works of cessation or discontinuation of operations
of any existing facility as required by this Section shall constitute a violation of any
approvals and be grounds for:
1. Litigation;
2. Revocation or modificationof the permit;
�tldtc r
3. Actingr,on any bond or other assurance required by this article or conditions of
approval of the permit;
4. Removal of the facilities by the City in accordance with the procedures established
uflder this code for abatement of a public nuisance at the owner's expense; and/or
5. Aro, er remedies permitted under this code or by law.
12.54.130. REMOVAL AND RESTORATION—PERMIT EXPIRATION, REVOCATION OR
ABANDONMENT.
A. Upon the expiration date of the permit, including any extensions, earlier termination or
revocation of the WTFP or abandonment of the facility, the permittee, owner or operator
shall remove in ninety (90) days its wireless telecommunications facility and restore the
site to the condition it was in prior to the granting of the WTFP, except for retaining the
landscaping improvements and any other improvements at the discretion of the City.
Removal shall be in accordance with proper health and safety requirements and all
ordinances, rules, and regulations of the City. Expired, terminated or revoked wireless
telecommunications facility equipment shall be removed from the site at no cost or
expense to the City.
B. Failure of the permittee, owner or operator to promptly remove its facility and restore the
property within ninety (90) days after expiration, earlier termination or revocation of the
WTFP, or abandonment of the facility, shall be a violation of this code. Upon a showing of
good cause, an extension may be granted by the Director of Public Works where
4902-2765-4694 28
XMM
circumstances are beyond the control of the permittee after expiration. Further failure to
abide by the timeline provided in this Section shall be grounds for:
1. Prosecution;
2. Acting on any security instrument required by this chapter or conditions of approval
of permit;
3. Removal of the facilities by the City in accordance with the procedures established
under this code for abatement of a public nuisance at the owner's expense; and/or
4. Any other remedies permitted under this code or by law.
C. Summary Removal. In the event any City director determines that the condition or
placement of a wireless telecommunications facility located in the public right- of -way
constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent
threat to public safety, or determines; other exigent circumstances require immediate
corrective action (collectively, "exigent circuti%stances"), such director or City engineer may
cause the facility to be removed summarily " 'immediately without advance notice or a
hearing. Written notice of the removal sl -all include the basis for the removal and shall be
served upon the permittee and person &owns the facility within five (5) business days
of removal and all properly removed shall Cie preserved for the owner's pick-up as feasible.
If the owner cannot be identified following ,, asonable effort or if the owner fails to pick-up
the property within'sixty (60) days, the facility, shall be treated as abandoned property.
D. Removal of Facilities by City. In t[W66nt the City removes a wireless telecommunications
facility ink6i3rdance with nuisance abatement procedures or summary removal, any such
remgval shall bewthout any liability to the City for any damage to such facility that may
re5uttfrom reasonable efforts of removal. In addition to the procedures for recovering costs
r.
of rivisance abatement, the City may collect such costs from the performance bond posted
and to .t' extent such costs exceed the amount of the performance bond, collect those
excess fists in accordance with this code. Unless otherwise provided herein, the City has
no ob6gatf0R=ao store such facility. Neither the permittee, owner nor operator shall have
any claim if M City destroys any such facility not timely removed by the permittee, owner
or operator after notice, or removal by the City due to exigent circumstances.
12.54.140. EFFECT ON OTHER ORDINANCES.
Compliance with the provisions of this chapter shall not relieve a person from complying with any
other applicable provision of this code. In the event of a conflict between any provision of this
chapter and other sections of this code, this chapter shall control.
12.54.150. STATE OR FEDERAL LAW.
The implementation of this chapter and decisions on applications for placement of wireless
telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of
this chapter are satisfied, unless it is determined that the applicant has established that denial of
an application would, within the meaning of federal law, prohibit or effectively prohibit the provision
of personal wireless services, or otherwise violate applicable laws or regulations. If that
determination is made, the requirements of this Chapter may be waived, but only to the minimum
extent required to avoid the prohibition or violation.
4902-2765-4694 29
DRAFT
12.54.160. LEGAL NONCONFORMING WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE RIGHT-OF-WAY.
A. Legal nonconforming wireless telecommunications facilities are those facilities that existed
but did not conform to this chapter on the date this chapter became effective.
B. Legal nonconforming wireless telecommunications facilities shall, within ten (10) years
from the date this chapter became effective, be brought:: into conformity with all
requirements of this article; provided, however, that should the own4, desire to expand or
modify the facility, intensify the use, or make some other change in a conditional use, the
owner shall comply with all applicable provisions of this code at such time; to the extent
the City can require such compliance under federal and state law.
C.
An aggrieved person may file an appeal to the City council of any decision of the Director
of Public Works or other deciding body made pursuantto this Section. In the event of an
appeal alleging that the ten-year amortization period isnot reasonable as applied to a
particular property, the City council may consider the amouni of investment or original cost,
present actual or depreciated value datesnf construction, amortization for tax purposes,
salvage value, remaining useful life, the len`f .and remaining term of the lease under
which it is maintained (if any), and the K rm the public if the structure remains standing
beyond the prescribed amortization peri otl'and set an amortization period accordingly for
the specific property.
4902-2766-4694 30
Attachment G
Planning Commission Meeting Minutes
Minutes of the
BEAUTIFICATION COMMISSION,
PARKS COMMISSION,
PLANNING COMMISSION,
PUBLIC SAFETY COMMISSION & TRAFFIC COMMISSION
REGULAR & SPECIAL JOINT MEETING AGENDA
March 2, 2026
PLEDGE OF ALLEGIANCE — Chair Ung
INVOCATION — Commissioner Escobar
ROLL CALL — Beautification Commission: Chair Flores, Vice -Chair Liu, Commissioner Tee and Commissioner Wong
are present. Commissioner Liu is absent.
Parks Commission: Chair Luau and Commissioner Lam are present. Vice- Chair Hernandez and Commissioner Vu are
absent.
Planning Commission: Commissioner Berry, Commissioner Lopez, Commissioner Escobar and Chair Ung are present.
Vice -Chair Tang is absent.
Public Safety Commission: Vice -Chair Fonseca, Commissioner Alarcon, Commissioner Foutz, Commissioner Fung,
Commissioner Martinez are present. Chair Garcia and Commissioner Wu are absent.
Traffic Commission: Vice -Chair Nguyen, Commissioner Tran and Commissioner Trieu are present. Chair Drange, and
Commissioner Lange are absent.
STAFF PRESENT — Director of Community Development Valenzuela, Planning and Economic Development
Marshalian, Senior Planner Lao, City Clerk Hernandez, City Manager Kim, Director of Parks and Recreation Boecking,
Director of Public Works Gutierrez, Director of Public Safety Murkakami and Public Safety Manager Co, Public Safety
Supervisor Wong, Liaison Haworth, Liaison Del Rio, Liaison Nguyen, Liaison Lam and Liaison Ruiz.
EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
Deputy City Attorney Gutierrez presented the procedure and appeal rights of the meeting.
2. PUBLIC COMMENTS FROM THE AUDIENCE
There being no comments; Chair Ung opened and closed the Public Comment period.
3. PUBLIC HEARINGS
Rosemead Planning Commission Meeting
Minutes of March 2, 2026
1 of 4
A. MUNICIPAL CODE AMENDMENT 25.01 is a City initiated amendment intended to bring Chapter
17.54 (Wireless Telecommunication Facilities) of the Rosemead Municipal Code (RMC) up to
compliance with Federal and State laws. The amendment would allow greater flexibility and
responsiveness to Federal and State laws while still preserving the City's traditional land use
authority to the maximum extent practicable.
PC RESOLUTION 25.01 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMEDNING THAT
THE CITY COUNCIL ADOPT ORDINANCE NO. 1032 FOR THE APPROVAL OF MUNICIPAL
CODE AMENDMENT 25-01, AMENDING CHAPTER 17.54 (WIRELESS TELECOMMUNICATION
FACILITES) TO BE IN COMPLIANCE WITH FEDERAL AND STATE LAWS.
CEQA - MCA 25-01 will not authorize any changes to the environment and will have no impacts to
properties in the City or their surrounding environment. This Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT
Resolution No. 26-01 with findings (Exhibit "A"), a resolution recommending that the City Council
adopt Ordinance No. 1032 (Exhibit "B") for the approval of MCA 25-01.
Director of Community Development Valenzuela introduced newly hired Planning and Economic Development
Manager Richard Marshalian.
Senior Planner Lao presented the staff report.
Chair Ung opened the Public Hearing.
Commissioner Lopez asked what they would do to the existing cell towers and if that is why the City is amending it.
Senior Planner Lao explained that the amendment is to ensure that our Municipal Code is up to compliance with State
and Federal laws. Existing cell towers can remain as they do have Conditional Use Permits. The new process is like
the Conditional Use Permit, but will not be called a Conditional Use Permit. It will be called Wireless Telecommunication
Facility Permit Application. All new applications will still be heard by the Planning Commission. If it is exempt from the
6409 regulation, it will be administered by staff.
Chair Ung questioned the general size of a wireless telecommunication facility.
Senior Planner Lao replied that per the Municipal Code, they are allowed to go up to 75 feet. The City has not received
any new applications for wireless telecommunication facilities. She added the majority of the facilities are collocating,
or they are exempt from the 6409 regulation, where they are just changing out antennas.
Chair Ung further asked, that none of these pertain to a satellite, like Starlink.
Senior Planner Lao responded no, these are just for cell carriers.
Rosemead Planning Commission Meeting
Minutes of March 2, 2026
2of4
The Commission did not have any further questions.
There being no additional questions or public comments, Chair Ung closed the public hearing and asked if any of the
Commissioners would like to motion.
ACTION: Commissioner Berry motioned to approve the project and PC Resolution 26-01 and seconded by
Commissioner Escobar.
City Clerk Hernandez announced that she will be doing a verbal vote for the remaining Commissioner.
Vote resulted in:
Ayes: Berry, Escobar, Lopez and Ung
Noes: None
Abstain: None
Absent: Tang
Vote resulted in 4 Ayes, 0 Noes, and 0 Abstain,1 Absent.
4. CONSENT CALENDAR
PC MINUTES 11-03-25
Chair Ung requested a motion.
ACTION: Commissioner Berry motioned to approve, and Commissioner Lopez seconded the motion.
City Clerk Hernandez announced that they will be doing a verbal vote.
Vote resulted in:
Ayes: Berry, Escobar, Lopez and Ung
Noes: None
Abstain: None
Absent: Tang
Vote resulted in 4 Ayes, 0 Noes, and 0 Abstain,1 Absent.
Chair Ung announced that before they move on to the next section, they will be taking a three-minute break.
5. MATTERS FROM STAFF
Chair Ung called the meeting back to order and announced that Deputy City Attorney Gutierrez will be presenting the
Brown Act and Rosenburg's Rules of Order.
Deputy City Attorney Gutierrez presented the Brown Act and Rosenburg's Rules of Order.
City Manager Kim presented Rosemead Municipal Code on how the City of Rosemead operates.
Rosemead Planning Commission Meeting
Minutes of March 2, 2026
3of4
Chair Ung thanked both Deputy City Attorney Gutierrez and City Manager Kim for the presentations and commended
them for the good information and clarity on procedures.
6. MATTERS FROM CHAIR & COMMISSIONERS
The Planning Commissioners thanked staff and Deputy City Attorney Gutierrez for their hard work on their presentations.
They also acknowledged all the Commissioners.
7. ADJOURNMENT
Chair Ung adjourned the meeting at 8:00 p.m.
The next regular for all the respective City Commission will be held on the following date at 7:00 p.m. in the Council
Chambers:
Parks Commission — March 3b.
Traffic Commission- April 121h
Beautification Commission —March 11th
Planning Commission — March 161h
Public Safety Commission — March 26th
ATTEST:
Linda Lam
Administrative Assistant
Rosemead Planning Commission Meeting
Minutes of March 2, 2026
4of4
�--
V
Lana Ung
Chair
Attachment H
Planning Commission Resolution No. 26-01
EXHIBIT "A"
PC RESOLUTION 26-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1032 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 25-01,
AMENDING CHAPTER 17.54 (WIRELESS TELECOMMUNICATION
FACILITIES) TO BE IN COMPLIANCE WITH FEDERAL AND STATE
LAWS
WHEREAS, amendments to Title 17 (Zoning), specifically Rosemead Municipal
Code Chapter 17.54, Table 17.20.020.1, Table 17.21.020.1, Table 17.24.020.1, and
Table 17.28.040.1 are necessary to update the City's existing regulations for wireless
telecommunication facilities to be in accordance with Federal and State laws; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, on February 9, 2026 the item was duly noticed in compliance with the
noticing and public hearing requirements of Chapter 17.156 (Public Hearings and
Administrative Review) of Title 17 (Zoning), and Assembly Bill (AB) 2904, which further
requires a 20 -day noticing period for Planning Commission hearings on a proposed
zoning ordinance or amendment to a zoning ordinance if the proposed ordinance or
amendment to a zoning ordinance affects the permitted uses of real property.
WHEREAS, on March 2, 2026, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal Code
Amendment 25-01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. MCA 25-01 is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 2. The Planning Commission HEREBY RECOMMENDS the following
findings of fact do exist to justify City Council approval of Municipal Code Amendment 25-
01, in accordance with Section 17.152.060 of the Rosemead Municipal Code, as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed Municipal Code Amendment 25-01 addresses
established FCC regulations for wireless telecommunication facilities in the City of
Rosemead. The General Plan does not include explicit policies or discussion of Wireless
Telecommunication Facilities, which are regulated by Federal and State law and the
zoning code. The amendment updates to the code sections align with Federal and State
regulations which supersede existing restrictions in the zoning code or any specific plan.
The proposed amendment maintains the current consistency between the General Plan,
Specific Plans, and Zoning Code.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience or welfare of the City; and
FINDING: The proposed Municipal Code Amendment 25-01 will promote public
health, safety, and general welfare and serve the goals and purposes of Title 17 by
clarifying and complying with Federal and State law, which were established in the public
interest. The proposed amendment does not authorize any changes to the environment
and will have no impacts to properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: The proposed Municipal Code Amendment 25-01 adopts amendments
complying with FCC regulations for wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General Plan
and Zoning Code. Adopting the proposed amendment maintains consistency with all
other provisions of the Zoning Code by updating multiple cross references and use tables
to ensure there is no conflict.
SECTION 3. The Planning Commission HEREBY RECOMMENDS the City
Council adopt Ordinance No. 1032 for the approval of MCA 25-01.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 2, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 2026.
Lr_
C air Ung
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 2nd day of March,
2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
A-Q� -
LiTy Valenzuela, Secretary
APPROVED AS TO FORM:
I
Step'hante Gutierrez, PlannirCommission Attorney
Burke, Williams & Sorensen, LLP