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CC - Item 4E - Second Reading for Municipal Code Amendment 25-01 – Ordinance No. 1032 & No. 1033, Amending Chapter 17.54 (Wireless Telecommunication Facilities) & Adding Chapter 12.54 (Wireless Telecommunication Facilities in the Public Right-of-Way)ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MAY 12, 2026 SUBJECT: SECOND READING FOR MUNICIPAL CODE AMENDMENT 25-01 - 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) SUMMARY On April 21, 2026, the City Council introduced Ordinance No. 1032 and Ordinance No. 1033 for first reading. These ordinances amend the Rosemead Municipal Code by updating Chapter 17.54, which governs wireless telecommunication facilities, and adding Chapter 12.54, addressing such facilities in public rights-of-way. The changes aim to align the City's regulations with Federal and State laws, providing flexibility while preserving the City's land use authority as much as possible. STAFF RECOMMENDATION It is recommended that the City Council approve the second reading and adoption of Ordinance No. 1032 and Ordinance No. 1033. • 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; and AGENDA ITEM 4.E City Council Meeting May 12, 2026 Page 2 of 2 • 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 FISCAL IMPACT There is no immediate fiscal impact associated with the recommendation of this report; however, Resolution No. 2026-17, updates the fee schedule to align fees with the City's actual costs of providing services related to wireless telecommunication facilities. ENVIRONMENTAL REVIEW These ordinances, 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. Submitted by: Ericka Hernandez, City Clerk Attachment A: Ordinance No. 1032 Attachment B: Ordinance No. 1033 Attachment C: City Council Staff Report, Dated April 21, 2026 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 4930-50944855 v6 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. 2 4930-50944855 v6 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: 3 4930-5094-0855 v6 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 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, 4930-5094-0855 0 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 5 4930-50944855 v6 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 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", 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 6 4930-5094-1855 v6 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. 4930-50944855 0 "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 4930-50944855 v6 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. 9 4930-509414855 v6 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. 10 4930-50944855 v6 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 11 4930-5094-4855 v6 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 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 12 4930-50944855 v6 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 13 4930-50944855 0 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 14 4930-5094-4855 v6 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: 15 4930-5094-4855 v6 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 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 16 4930-5094-4855 v6 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 parry 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 17 4930-5094-4855 v6 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: 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 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. 18 4930-50944855 v6 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.1. 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 19 4930-50944855 0 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: 20 4930-50944855 v6 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 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 in 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 4930-50944855 0 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. 23 4930-5094-4855 v6 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 24 4930-5094-4855 v6 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 4930-50944855 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 subj ect 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. 27 4930-50944855 v6 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. £ 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 28 4930-50944855 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. 29 4930-5094-4855 v6 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, 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 30 4930-5094-4855 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, Chapter 3, Chapter 3, Chapter 17.54 Telecommunication 17_54 17_54 17_54 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 31 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 32 4930-50944855 v6 FCMU-C I FCMU-B NOTES Public and Civic Colleges and Universities P Community Garden P P Cultural Institutions CUP CUP Educational Institution Private CUP CUP 32 4930-50944855 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 sermon or portions ofthe 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 4930-50944855 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 meeting of April 21, 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 4930-50944855 v6 Attachment B Ordinance No. 103 3 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 of 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 A "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 v8 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 "ft]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 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. 4902-2765-0694 v8 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: 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 v8 consideration of the cabinet's proximity to residential structures, residential view sheds, interference to public views and/or degradation of concealment elements; It defeats the concealment or stealthing elements of the eligible support structure; or 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: 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 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; 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. 4902-2765-4694 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. Atelecommunications 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 -owned 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 v6 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; 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; 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; 3. 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; 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; 4902-2765-4694 A 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; 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 WTP. C. Discretionary Wireless Telecommunications Permit ("Discretionary WTP"). 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 in chapter 17.54, with chapter 12.54 prevailing. 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 9 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. 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 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 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. 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 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: 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. 4902-2765-4694 v6 11 e. Sufficient evidence of the structural integrity of the support structure as required by the City. 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 A 12 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 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 4902-2765-4694 vs 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 A 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 W -I -Ps, 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. 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 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. 4902-2765-4694 v8 15 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: a. That the application qualifies as an eligible facilities request; and 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: 4902-2766-0694 Va 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. 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 d. 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: 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 4902-27654694 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. 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 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. 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. No new guy wires shall be allowed unless required by other laws or regulations. 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. 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 v8 22 3. 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. 2. 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 4902-27654694 A 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 v8 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. 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; 4902-2765-4694 v6 25 Rust and corrosion; 5. Cracks, dents, and discoloration; 6. Missing, discolored or damaged artificial foliage or other camouflage; 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. 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. 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 4902-2765-0694 A 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: 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; 4902-2765-4694 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; 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 4902-2766-4694 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. Sa`ndra Armenta, Mayor APPROVED AS TO FORM: ATTEST: Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk 4902-2765-4694 v8 31 i 13 Attachment C City Council Staff Report Dated April 21, 2026 ROSEMEAD 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 FEESCHEDULE 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. 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 3.13 4930-1239.7983 v I 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. 4930-1239.7983 v I City Council Meeting April 21, 2026 Page 3 of 5 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". Engineering 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. 4930.1239-7983 vl 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 apublic 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 4930-1239-7983 v I D 'elle Garcia Public Works Fiscal & Project Manager City Council Meeting April 21, 2026 Page 5 of 5 Reviewed by: Richard Marshalian Planning and Economic Development Manager 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 omany Basilyous City Engineer Gutierrez/ :tor of Public 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 3930-1239-7983 v 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 1 4930-50944855 v6 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. 2 4930-5094-4855 v6 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: 3 4930-50944855 vb 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, 4930-5094-4855 v6 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: I . "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 4930-50944855 .6 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 portable or movable base designed to be placed either for temporary or long-term use at a given site. "Applieant(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", 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 he 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 6 4930-50943855 6 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. 7 4939-5094-4855 ab "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 8 4930-5094-4855 v6 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. 9 4930-50944855 v6 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: I ) 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. 10 4930-50944955 v6 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 he 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; 'n 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 II 4930.50944855 vb 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 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 12 4930-5094-4855 v6 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 13 4930-50944855 v6 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 14 4930-5094-4855 v6 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: 15 4930-5094-4855 0 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 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 andfor 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 16 4970-5094-4855 v6 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. 1754.080 - 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 17 4930-50944855 v6 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 he 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 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. 18 4930-5094-4855 v6 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. I. 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.I. 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 19 4930-50944955 v6 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: I. 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: 20 4930-5094-9655.6 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 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 4930-5094-485; v6 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. 23 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 24 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 4930-3094-4855 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: I. 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 4930-1094-4855 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. 27 4930-5094-4855 c6 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 28 4930-5094-4855 0 Wireless Facility Permits shall he 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. 29 4930.5094-4855 v6 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 Re uirements 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 Chapter I T54 >, Chapter 17. 4 Facilities Special Needs Uses, limited to only the following: Emergency Shelters — P See %rticle 1, Chapter 17.3(1 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 pennits 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 lv3n-�aea-lS�i .6 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 R%lC Section 17.68.060 Places of Religious — CUP CUP CUP Assembly Public Utilitv AUP AUP ALP AUP Facilities Telecommunication See Article See Article See Article See Article See Article FaciIities/Wireless 3. Chapter 3. Chapter 3. Chanter 3. Chaotcr 3. Chapter 1754 17.4 1754 Telecommunication 1754 1754 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 17.08.00. 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 Requirements by DistrictSpecific Use Regulations O -S P 31 1HJO-i,1W=4�i ,n 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 .\rticle — See Article Telecommunication I. Chapter 17. 4 3. Chanter 17.34 Facilities Utilities P P SECTION 7: Code Amendment. RMC § 17.28.040.0 is amended to read as follows: C. Permitted Uses. I. 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 32 4931-;094-4N�i FCMU-CI FCMU-B NOTES Public and Civic Colleges and Universities P Community Garden P P Cultural Institutions CUP CUP Educational Institution Private) CUP CUP 32 4931-;094-4N�i 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 -1094 -Si< 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 fust 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 49305094-0855 v6 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 Applicant's evidentiary burden. ligible Facilities Requests. 17.54.110 Appeal— iscrebonary Wireless k a 17.54.120 Appeal — Administrative Collocation- ire essaci itv ermi 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. 154.250260 Nonconforming facilities. 17.54.268270 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 propem within the 94y0ty of Rosemead. 1 4917-8682-2559.^ 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 visually sensitive corridors within the _Cit 0t} 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. Encourage11S8t5owners 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 ooccihlwappropriate, encourage users of wireless facilities to collocate those facilities with existing wired 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-cilyCiLy 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 v2 "Administrative Collocation" shall have the same meaning as the tern "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 Se6tienSections 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 -tern 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 sityCity 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 Gi4Kty 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-�" or "Director of Community Development" means the Director feklf the Rosemead Planning Divisi ommunity 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 nrovide %%ireless telecommunication services. which facility is temporarily rolled in. or temporarih installed. at a location. A COW is normalh vehicle -mounted and contains a telescoping boom as the antenna support structure. 4 4917-8682-2,59 v2 "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 numb@r 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. "Elieible Facilities Reouest" shall have the same meanine as that definition provided for in Chanter 12.54 of the Rosemead Municinal 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 meanin" 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 "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"), 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(cx7)(C)(ii)). "Planning Commission" means the City Planning Commission for the-CoCiq 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. "Satellite -nish Antenna" meaps any pwabe"G (bawl shaped) aFiteRRa w 4. Was a diameter greater than Me feet; 2. in desig ed- M rsatellite Orn nnmfnninnn 3. In 'nnnn.+b le of transmitting elenbrn...nnnetin waver in.161rlinn bad nnf limited to radia Aequenn„ sigRalsj and 4. In e^lernal to n. ebbanb.ea IA the e.deri_ of any building. "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 camoutla2ed StrLICtUreS Such as CIOCk towels. "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 4917-8682-2559 <, 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 GiKtv of Rosemead. "Wireless Facility Permit" means anv permit governing and aoorovinL \\ ireless Facilities includine those facilities that are subject to an Administrati\e Wireless Facilitc Permit or Discretionan \Vireless 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 GAyCity of Rosemead. ""'tCT ' ' T ' t'F^^'''t"" "WiFeless Telesemmunisatiens -�IIt�Cr- ^^ �� Fan •l•.• h n tiave the same meaniRg as set f .tti underc^..ti,,., a{Qcn a ^f the Cellesatien Fasility' er "'"r r^'^ "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 4917-8682-2559v2 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. a the Rosemead Wireless Telecommunications Facilities Guidelines. The guidelines may be prepared and amended as needed by the Director of Communitv Development or Director of Public Works contai All 17.54.040 - Exemptions. The following uses shall be exempt from the provisions of this section: A. Any satellite dish antenria as defined uAdeF Seration 17.54.020 A. Over -The -Air -Reception Devices B a—.AFiy satellite anteRna that is ene FseteF (39.37 inGhes) GF less dR diameteF and d' 1 to heme satellite sewirae, ar. d r d der Ce..d'e.. O05 of Tithe 47 of the United States Code of Federal Regulatie...-; 1=. Public safety communications facilities owned and operated by the 64yChy 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 emervencv or event This exemption oniv 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 GAyCity of Rosemead without a GORditiORal use per \\ ireless Facility Permit approved by the Director of Community De%clopment. Planning Commission, or the City Council in the course of an appeal, following a aetised tb{+shearing on the matter. �IelwithstaiidiAg !4e 8 4917-8682-2559%2 SeGti vccrivrr. S—Administrative Collocation.- and Eli_ible 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 BifesteF-determines that a proposed collocation qualifies as an "administrative collocation" as '' f _d "°"e.^. SUGh proposal shall _at ---. GO-Rditinnal use permit b"ir'-eligible facilities request' the proposed installation shall be approved by the Director of Community Development Bifeeter-through the issuance of an adita+nist .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 -arid . Also, the life of an adrni Administrative Wireless Faeilit Permit approval may not exceed the life ofthe underlying GBRditienal use peFmitwireless Facilit Permit or other underlying discretionary authorization corresponding to the wifeless ^I^^^^ ^ ^^tion^administrative collocation #acAyLor Eli ible Facilities Request upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed. D. Prc-rrnnF I _-_d GGat. `_AS. .+ t.' tiare rr a i wiFeless f..6lit a rel..S-0 4...... ... .. deviGeS. GF re-latedaesesseFy q r .,t Rael. ^7I,e ghall *n^de a deSeFiptiGn of terFn ssible 491M682-2;9,2 io 4917-8692.'5i9,2 17.54.060 - Application submission requirements. A. Applications for a conditional use permitWireless 17acilitx PenrdL under this section, a shall be submitted to the Rosemead Planning Division on a form approved by the Director of Community Development$itestO . 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 in the applieatk)R fGFFn: 4�-4a 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). m A g .el summaFy of the natwFe ieGatie ...t „ ..Ne be ..,daFiee of ,.i, gap at 'Aratiens .,'thin its i de..tified geeffaphie Lethe. RR d ...he.e it e..teo.ds to iR build' ,. 31 A n rel swmmaFy of the pliGa t'S geed faith effefte to i deotif1. st .d., ...d Ivee ietRUS VP_ oNe..,e F.. el .diRg the use of Ieoo iRtFUSiVe teeh.,elegie Rd equipmelitj eltemaiye .stem .desigRs ape Matiy siting stFu Gt a types: alteTrrative SitlRgStFUGW ee deS;yn,.oinv.nU •diRg .health 1 4417-8682= 5j9 r' e. Project Description. The applicant shall include the following information in the application form: I ) 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 ofanythe 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 am' mroposed 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 dee ned heFecmtir 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 am 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 4917-8682-2-:59%2 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 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 campleied appliGatieR, e 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. 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. Landsi;apMg Plan. el,.. g With a leted ppl' t„r aGh �o a eco , a.. .Landscape Plan. If applicable or required b% the Cin. 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 4917-3682-25j9 2 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. Fach 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 Community Development QiFeGt9F Fnay FequiFe a field Fneek Up te assess aRy the 6. Justification Report. Along with a completed application form, the applicant shall also submit a justification report which: v.t.arra,l RetWGFk 'h RGFease existiRg signal etre gthj Gf 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 4917-8682-3559,2 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�9F Fedu Ag any ^u FpaFted reyeFage gap to a de mm'^'�` level. 7. Propagation and Coverage Reports. T:ielf applicable. the justification report shall be accompanied by a radio frequency engineer's propagation and coverage report-apA This report max, be required in the eNent the applicant is seekine 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 pFepesal ^"^I".r^ exiStiAgGeveFagej and a iStinn GaVeFage GGFRbined with the GoveFage PFOvided by the .pr000sed 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. fear 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 sif}City of Rosemead whether or not such facilities, devices, structures or equipment are located within the W'ity of Rosemead or outside of the e4Kitx, of Rosemead. 9. FCC and CPUC Approvals. Along with a GORIPleted application Will, eachEach 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 3917-8682-2559 c' 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. ^plica' ^^ f^^^ eaGhEach 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 4917-8682-25�9.2 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-14keGW shall undertake a review and evaluation of the applicant's proposal for the purpose of preparing a written report to the PlaARiRgwhich 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 ronditional Ilse p armitWireless Facility Permit approval is sought. If the applicant proposes and the Director oLCommunity Mvelop irectot_detetmines-that an administrative rollananonAdministrative 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 pPrmit%yith the Planning Commission on a Discretionan 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 useen rmitWireless Facility Permit shall be approved unless the Director of Community Development. [he Planning Commission, or the Citv 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 applicants proposal; 2. The Wireless Faeilitywireless facility, wireless transmission devices, and any accessory equipment to be approved satin til 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 allmamdateq 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 Q 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 Rers&na4-Wireless Sew Ge Facilities. Notwithstanding any other findings made in support of the denial of a G9RElitienal use peFmit 'ire less Facility Permit under this chapter, neither the Director. Planning Commission nor the City Manager or Cit\ Council in the course of an appeal, may deny a Wireless Facilit\ Permit unless one or more of the following additional findings is made in writing: I. 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 r_.+ of the , nr,t fn6I6 to estnhr^h the e stenne of Sig!l'C t gap iR persenal wireless; ^ : thin er thn el wipeln .,je .e h L f a peFGeRal wireless seflke PFGWder nrn nt o _appkantj W 2- q AI h 'th to ,t' the emsteRGeof n signifiGant gap iR pemonal . elegy serviGe . gfeseated-upon the record fails to establish that of all ^en^en,hly feasible alternatives Permit is the least intrusive upertmeans to protide service and is consistent is ith 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. Substantial evidence demonstrates that the proposed installation is not compatible or consistent with surroundine infrastructure or %eeetation or is otherwise detrimental to the community or aestheticgualin of the Cit\. 18 4917-8682-2559 c' 17.54.080 - Prohibited grounds for denial. Notwithstanding any other provisions of this section, the denial of a seAditienal use permitWircless 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 Direeter 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 les foie . ,.ene. at n t@Girt„ EIS .LZAne.r herein that the "substantial ha e*' thFeshelds afe met the ., .,l_,.atie stall be - ----err as a G d6t' I Use D 't and .efer.ed to the Planning (` FnFniS n fe. £ndnv istenf with Sprtion 17 54 070 administrative collocation as defined herein. 17.54.100 - Applicant's evidentiary burden. — Eligible Facilities 19 4917-8682-2i9 Q For installations on private property that relate to collocations, removal or replacement of transition equipment or hardenim, through structural enhancements that do not result in a substantial chance and that qualify' as an eligible facilities requests. shall be zoverned 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 Facilitv Permit and related review and approval process contained in this chapter. 17.54.110-Appeal—Conditional DSeDisc retionary "ireless Facilitv-pertnits_ dfUnless otherHise stated this chapter. if an applicant, or any interested partyT3issatisfied with anyTenial, approval or conditioned approval of a conditional use permitpiscretionary \\ ireless Facility Permit under this chapter, the applicant or interested party may appeal the matter to t e 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. R'ireless Permits. If an applicant contends that a request for an administrative c— offocaiionAdminictrative 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 of Community DevelopmenLDirectnLissuance 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 of Community Developm=L DirectaL The decision of the City Manager shall be final. A7.5*AcVioGeFlwplakvak**u3itie ess facilities, wireless transmission devices, support structures and accessory equipment shall be subject to the following approval requirements, parameters and preferences: 20 491768692-2559 e2 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: ae ^va .viawa a6res�i a. Proposals in which a wireless t .,a„s-..:_-:_� �� - equipment-arefacilitN 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 facilitye-FA !.._!A.._....__._^ap-•'?_^dFelateel aGGesswy eq ip..._^t 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 €eaturefcatures. c. Proposals in which a wireless facility ^FWFete^^t•^^ sie_nde ne AdFelated aGGeSGOry equipment 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 tFansmi^s`e^ de ^e and '^'^tell ^1e^tfacility 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 t d '^tel' AGGeSsery equ.- neat-aretacilit 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 e4yCity of Rosemead, a School District as defined herein in fee simple, or by a public utility; or b. o e.ty in the r,e t and n c zenes. b Property in am none in Title 17 nhich includes Telecommunication Facilities \\ ireless Telecommunication Facilities as a permitted use. c. Notwithstanding the foregoing or Section 17.54.259` 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 ut time. shall not be deemed to be nonconforming for purposes of collocation. 21 49P-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 Citv 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 a findinafindings 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.I I. 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^^�'�,a AI are mit\\'ireless Facility Permit approval. 6. -AS. betweenBetween mcsihle or competing location proposals, the -Director of Community Development- _Direstef and the Planning Commission shl 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 oroverlay 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. 22 4917-8682-2559 %2 C. Ground -Mounted Facilities - Setback Requirements and Guidelines. Ground -mounted wireless facilities or wireless transmission devices shall comply with the following requirements and guidelines: I. Front: Such facilities shall not be permitted in a required front yard setback of any property located in any type of zone within the sttyCity of Rosemead, unless otherwise authorized under the terms of a GORditional use pem,,MVireless 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 he %yithin 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$682-2±59 v2 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 P!aattiag Gemmissienapproying 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 Development4)Weeter 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 faeilitieslighting 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 landscagin,� 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 and%%ireless 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. 24 4917-8682-2539 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. is a wkeles6`" lily ' re'ess tFans issie" aey Ge Reise atteRuation measures shall be 'AG'uded to red -we nekie Ieve1 , level f fdt ,cm dBA a .ea at the . eFty e.— 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 25 4917-8682-2559 v2 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 rasR&ienal use peFmk AF ireless 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 AF ;1dF1;iAi6tF;4fiVP 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 raenditienal use pe 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 ^^^aitiaRa' ^^i; or adrninirkatiVe seNesatienWire less facility Permit approval for the noncompliant facility, device or equipment. H. Any violation of this see#ienChapter 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 GGFIditieRal use peFmit OF any admi^'�trati-^ sellesatienWireless Fac iIit\ 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 c2 accessory equipment covered under a Genditional use pewnit eF administrati-P GellesatienWireless 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 Development$ifeeteP 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 eityCity 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, ""^'Many_ ii.:`. 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 sityCity 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. r^F PUFP86es Of thiS GhapleF the •^-m " Fafr'" se.,. «e painting OF 9th8F ElefaGement that is tt FnaFked, etGtied atGhea ed dFawn, painted, GF eRgFaved GA OF ethepwbse affixed te OF an any swFfaGe by any mew�s. 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 Difestef. 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 D eiE-4 •. The sign must state the name, address, phone number of the owner of the real property parcel 27 1917-8682-2559 v' 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 City may maintain such information as part of the records of the silyCity 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 oL-Community Development Director and the Building Official in the event tFe—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 c'_ 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 not%N ithstanding 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 Citv 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 oLCommunity Development irecttu and the Building Official; B. The forwaridng 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-affy conditional use permit or other 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 a ^^d WRAI • se peFm t ^F etheram Wireless Facilin Permit approval issued pursuantto this chapter. i p ^u^ ^ det ^^tiop !hat the ^e Ait she, is be .evoked, the aee4ng body may, at its a'sFpfin nits^.e ^ ^t,.,teMe^t aGtfGR p ^t t., Ghapte. 29 4417-8682-25?9 0 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 Director of_Community Development Directat 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 rnRditinn;d use narmit or administrative rnllorationWireless Facility Permit approval have failed to timely bring such facilities, devices and equipment Into compliance. 17.54.240 ver -The -Air -Reception Devices. A. c t• 7901 f the Galaem'..-Publie Il.aiae.. redo °sem UPGA telephe e GGFP9FaN9Rr5 as dePRed heFe*R the Fight te eeRstFurat telephone lines and equipment 1. along and upon any publir. Fead 9F highway!' in 6ush MaRReF and at suGh paints as .1nnt fn znrnmmede the PUblFG use of the Fead OF highway." PUbliG Utilities Code Sserstoon 7001allthOFizes @ MURiGipaldty toFt--R-SAR;-3h-'P ,...491^ eve. the t6me1.e%d Manner .. wh'h Fee.a.fs aFedl. and highways eIn 2006 the ea °tt' 1 e -Bea lts a adopted the Digital Inf.nnt:. Gt v andyidee rempetities neat of O006 (t6 " W)which established a state be.e.ehising system fer video seNiGe WithiR PUbliG Fights ef way LindeF the same time, plaGe, and FAaRReF PFGV;Sa9RS that .A. Intent of Regulations. In conformance with FCC regulations an OTARD may he 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 completek 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 mac be located in setback areas provided the antenna does not extend above the maximum building height in the district. 3. Vertical Antennas. A single °round -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 am required setback area Support structures or masts for pole or \\hip 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 4917-5682-25:9\2 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 It an OTARD permit is approved The following factors and findines shall be considered in the review of such use permits: I 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 dosed 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 nearbvproMrties. d The design of the proposed antenna with particular reference to design features that may reduce visual impacts. particularly in residential zones. in eoniunction 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 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, safetv and general welfare or iniurious 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 technological1v necessary to engage in amateur radio communications of the nature contemplated. f Constraints of the Site Topogranhic 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 surroundine Property owners to the extent feasible while reasonably accommodating amateur radio communications. 17.54.250 - Wireless facilities in the public rieht-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 thFGUgh 31 4917-8682-2559 v2 OF adesign,e-ee—as regulated at Title 12. Chapter 12.54. 17.54.268260 - 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 mac 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. 17.54.2&8270 - 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 oend4ioaal use permits issued pursuant to this chapter. The fee for processing and reviewing applications for an Administrative Wireless Facilin Permit shall be the same as for site Plan Fevie :an Entitlement Plan Check Modification Fee (Ministeriali 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 Cin Council. 17.54.280 - Federal or State law. 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 or otherwise violate applicable laws or reeulations. 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. Municipal Code the Cin at its discretion initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead Municipal Code. 32 4917-8682-2559 v2 B Violation of this chapter is a misdemeanor and is punishable by a tine of not more than one thousand dollars (11.000.00) or by imprisonment in the county fail 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 anv provision of this chapter is committed. continued or permitted, constitutes a stearate offense The provisions of this chapter will not limit anv other remedies authorized by law. 33 4917-9682-2559 c2 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 am. to establish each use subiect 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 COINMERCIAL AND INDUSTRIAL DISTRICTS Land Use Requirements by District Specific Use Regulations Cl -MU M-1 Transportation. Communications. and Infrastructure Uses: Automobile Parking CUP CUP Facilities as principal use (subterranean and structures Heliports and Helisto s A Cl P 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. Chanter 17.54 Facilities S ecial Needs Uses. limited to oniv the followin : Emeraencv Shelters _ P See Article ,. Cha ter 17.30 SECTION 5: Code Amendment. RMC 5 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 Gan c% Avenue Specific Plan District. identifies the uses allowed in each such zoning district. and identifies the land use permits required. if am, to establish each use subiect to section 17.08.050. ``'there the last column in Tahle 17.1_1.020.1 (Specific Use 34 4917-8682-25i9%2 Revulations) 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 UsesKcv: GSP- GSP -R/C GSP GSP— OSI? MU* S cific Regulations n -S 11, 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 ofReligious = CUP CUP CUP Assemblv Public Utilitv Facilities AUP AUP AUP AUP Telecommunication See Article See Article See Article See Article See Article 3. Chapter 1754 FacilitiesfWireless 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 Snecial 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 am. to establish each use subiect 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 apph• 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 b ° District Specific Use Regulations n -S 11, 35 4917-8682-2559 v2 Public Parkin¢, P P CIS is includingParkine _ 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 1754 3. Chanter 17.54 Facilities Utilities P P SECTION 7: Code Amendment. RMC S 17.28.040.0 is amended to read as follows: C. Permitted Uses. I. The followinu land uses identified in table 17.28.040.1 below anoh to individual properties based on the location and application of the FCMU Overlay zones. For ease of reference. land uses are erouped based on the eeneral use category. Propertv owners. developers. and applicants should refer to the Freewav Corridor Mixed -Use Overlav document to verify their property's relevant FCh1U Overlav zone. 2. The Communitv 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 Overlav 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 FCMt -C 1-( mt -t3 \()lI'S Public and CIS is ColleLes and Universities _ P Community Garden P P Cultural Institutions CUP CUP Educational Institution (Priyatcl CUP CUP 36 4917-8682-2559%2 Park and Recreation P P Facilities Places of Religious CUP Assembly Public Utilitv Facilities AUP AUP Telecommunication See Article 3. Chapter 17.54 See Article 3. Chapter 17.54 See Article 3. Chanter 17.54 Facilities/ Wireless Telecommunication Facilities Commercial SECTION 8: Severability-. The City Council hereby 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 anv final court action in a court of competent iurisdiction 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 nrovisions. sections. subsections. paragraphs, sentences. clauses. phrases. or words may be declared invalid or unconstitutional SECTION 9: Publication. The Citv Clerk shall certih 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 Citv 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 c2 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 Califomia 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, Tale 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. 12.64.020. 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 4902-2765A694 v8 2 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. 4902-2765-4694 v8 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 A consideration of the cabinets 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 sting 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 26 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 600.16(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. 4902-2765-4694 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. Atelecommunications 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 -owned 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 WrP or an Administrative WfP. 12.64.030. 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: 1. 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: 1. 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; 3. 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; 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; 4902-2765-0894 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; 7. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as maybe required to determine whether 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"). 1. 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 WTP. 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. 1. 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. 1. 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. 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 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 va 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, 4 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 he leasedmo strating other the owner's authorization for use of the property or a copy of 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 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. HeighVelevation, 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. 4902-27654694 A 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. 7. 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 A 12 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 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 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 -shad 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 v6 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. 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 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. 4902-2765-0694 vs 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. 12.64.060. 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: 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. Discretionary WTP Applications. No Discretionary WTP shall be granted unless all of the following findings are made by the applicable decision -maker: 4902-27654694 v6 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 aftemative 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. 1. Administrative WTPs: WTP applications shall not require notice. 2. Discretionary WTPs Applications shall not require notice. 3. Written Decision Required for All 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 d. To be given to: (i) The project applicant and property owner, and 4902-2765-4694 v6 17 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. 1. 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.OTO. 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 terns 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. 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 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: 1. 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. 4902-2766-4694 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 (16Yz) 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 ve 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. 5. 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 v6 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. 12.64.080. 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 notable 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. 4902-27654694 A 22 3. 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. 2. 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 v8 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. 12.64.090. 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, 4902-2766-4694 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. 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. General dirt and grease; 3. Chipped, faded, peeling, and cracked paint; 4902-2765-4694 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. I. 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 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 1. 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. Priorto commencement of any work pursuantto 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, after, 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 v6 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. 12.64.110. PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS. A. Permit Tenn. 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. 12.64.120. 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 unpennitted 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: 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; 4902-27554594 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: 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 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 orf 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 4902-2765-0694 A 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 v6 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 4902-2765-4594 v8 31 Sandra Armenta, Mayor ATTEST: Ericke Hernandez, City Clerk 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 pians, 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 inisterial 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 Mane er Community -- — 1 hours 1 hours Development Director Fee Amount 1 $672 $672 $1635 $1635 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 Associate Engineer 2 hours 4 hours 2 hours 6 hours _ Ci Engineer _ 2 hours _ 2 hours Director of Public Works_ N/A 1 hours _ Base Fee_ $1434 _ Fo rtu b and Subsequent_ Submittal _$961 $320 _ $478 Consultant Review Actual Cost+ 10% Actual Cost+ 10% Attorney Review Billed at hourlyrate Billed at hourly rate _ 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 Eamers, 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 I 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 he given effect without the invalid provisions. SECTION 8. All other resolutions in conflict herewith are hereby repealed. PASSED, APPROVED, AND ADOPTED this 21' day of April, 2026. 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 1, 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' day of April, 2026, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Exhibit A City of Rosemead CaliFarnia City of Rosemead 2025-26 Comprehensive Fee Schedule Table of Contents A. B. C. D. E. F. ADOPTING RESOLUTION PLANNING FEES ENGINEERING SERVICES FEES BUILDING PERMIT FEES PARKS AND RECREATION FEES PUBLIC TRANSPORTATION FEES CITY CLERK FEES Page u 4 5 8 10 11 15 is 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 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 PLANNING General Plan Amendment $2,460 + $50 each additional parcel Conditional Use Permit Lot Line Adjustment Landscape Review $ 1,635 $ 313 Cost + 10% Tentative Parcel Map $1,605+$100/lot Tentative Tract Map yl,bu2 + ylUU/lot Single Family Residential Variance $1,358 Other Variances $1,602 Zone Changes $2,368+ $50 each additional parcel Municioal Code Amendment S3.227 Design Review: Single Family 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 $1,055 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: Facade or Site Improvement for Nonresidential Projects Only $1,115 Review of Conditional Use Permit (Maximum 2 site inspections) $ 293 Modification of Entitlements 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+ 10% Specific 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 (LA County Clerk recording fee) Fee subject to LA County Fee Schedule 5 City of Rosemead FY 2025-26 Comprehensive Fee Schedule 9* Fee Description Fee Amount Other Planning Items: Pre -Application (optional) $697 (one review per project) With Workshop Noticing Entitlement Plan Check Modification Fee (Ministerial) $335 (one workshop per project) $ 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) Mechanical Elements Review $ 34 $ 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+ 10% 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 + 30% 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 + 10% Joint/Off-Site Parking Agreement Cost + 10% Minor Exception $ 418 Reasonable Accommodation No fee Site 34 Geologic/Geotechnical Review Cost+10% Traffic Review Cost + 10% 6 City of Rosemead FY 2025-26 Comprehensive Fee Schedule 44 - Fee Description Fee Amount Zoning Verification Letter Residential Nonresidential Accessory Dwelling Unit -Covenant Banner Permit Outdoor Sales (Nonresidential) Private Bus Aoolication Review $ 83 $ 313 $ 111 $ 27 S66 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, 20261 $ 672 Wireless Facility Permit - Discretionary [New Fee added April 21, 2026] $1,635 Appeals: Filing Fees (Planning Commission) $ 857 Filing Fees (City Council) $ 857 Development Impact Fees: Single Use Zones Residential Single Family $6,500(per dwelling unit) Multi -Family $5,197(per dwelling unit) Nonresidential Retail $1,365 (1,000 sq. ft) Office $1,997 (1,000 sq. ft) Industrial $1,250 (1,000 sq. ft) Mixed Use Zones Residential Single Family $6,388(per dwelling unit) Multi -Family $5,126(per dwelling unit) Nonresidential Retail $1,242 (1,000 sq. ft) Office $1,812 (1,000 sq. ft) Industrial $1,127 (1,000 sq. ft) 7 City of Rosemead FY 2025-26 Comprehensive Fee Schedule 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 Certificate of Compliance (Lot Line Adjustment) 415 Record Document Analysis, Clearance, and Processing $ 2,786 Plus Parcel and: S209 1. Verification of compliance with conditions of approval $ 644 2. Review of agreements and/or improvement securities $ 487 Pian Checking 1. Initial $1,044 plus 2 Yz percent of the first $50,000 plus 2 percent of the next $100,000 plus 1 X percent thereafter of the estimated 2. Revision Actual cost Construction Permits 1. Issuance Fee 2. Initial Observation construction cost Same as initial $140 $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 Fee Description Fee Amount Construction Permits in Right of Way 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 B. Parkway drain $418/drain 9. Relocate existing drainage structure $1,394/structure Excavation Permits 1. Service cut 2. Sewer cut Encroachment Permits 1. Stockpile material or waste in street right -of way or easement 2. Placing container for material or waste in a street right-of-way or easement 24/cut and $2/sq ft of excavation to main; plus Service Cut Charges $465/Stockpile ($150 Refundable) $532/Container ($325 Refundable) 3. Placing temporary structure or parking equipment in street right-of-way, or $279/Structure or Piece of easement Equipment 4. Pedestrian protection required by building code (Construction at parkway $279/location grade) S. Street closures Street closures Lane closures $465/day/location $279/lane/day 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 Mao 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 3. Verification that map is consistent with conditions of tentative $ 644 EYiVI 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 14 Fee Description Fee Amount Other Engineering Services Deed Research & Review Cost + 10% Covenant Agreement Research & Review Cost + 10% Legal Description/Offer of Dedication Research & Review Cost + 10% 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 Tree Planting In -lieu Fee: Commercial $ 532 $ 733 NPDES Fee Cost + 10%/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, 2026] 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 + 30% 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 (SMTP) (CA Public Resource Code §2705) Set by State 10 Fee City of Rosemead FY 2025-26 Comprehensive Fee Schedule Administrative Fee (Patron initiated Pool Admission: Daily recreation swim (17 and u Dailv recreation swim (18 and o Season recreation swim (17 and under) Season recreation swim (18 and over) Lao Swim (Rosemead Pool): Per visit 20 visits Fee Amount Resident Non -Resident $5 $5 1 $1 52 52 $ 28 N/A $ 39 N/A $ 83 N/A Resident $3 Non -Resident $5 $44 $72 Lessons: 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 Aerobia (Garvey) $ 50 ' $ 50 Mermaid Class $ 44 $ 62 Programs: Senior Nutrition Club Participant Camp Rosemead: Summer -1A Child Summer -2n° Child Fall/Winter/Spring —1st Child Fall/Winter/Spring-2nd Child Senior Dances Sweetheart Jamboree $ 1.25 $1.25 $ 3.25 $117 per week $140 per week $105 per week $128 per week $100 per week $122 per week $90 per week $112 per week $5 $5 $17 $23 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 (10 wks) Instructional Classes Fee Set by Instructor Fee Set by Inst +$5 Youth Sports (3 -14 year olds): Early Registration $44/Season $50/Season Registration $50/Season $56/Season Late Registration $56/5eason $62/Season Facility Use: Auditoriums: GarveyCenter — Banquet Room $95/hr $155/hr GarvevCenter —FGTRoom $67/hr $122/hr Securitv Deoosit $ 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 Garvev 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 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 5 300 $ 500 $ 390 $ 780 Dinsmoor Kitchenette Usage (In conjunction with 6 Hr. Rental) $ 83 $112 Security Deposit 12 $ 300 $ 500 City of Rosemead FY 2025-26 Comprehensive Fee Schedule sAL_ - Fee Description Fee Amount Special Event Insurance (Facility Use): Hazard Class I: 1-100 101-500 Resident $100 $130 Non -Resident $125 $150 501-1500 $ 200 $ 225 Hazard Class II: 1-100 $140 $160 101-500 $ 235 $ 260 501-1500 $ 280 $ 300 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 (Y4 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) RAC Lights $56/hr $28/hr $56/hr $56/hr BBQ Rental (RAC) $33/hr $33/hr BBQ Rental (Splash) $33/hr $33/hr 13 City of Rosemead FY 2025-26 Comprehensive Fee Schedule 4� 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 $ 215 $ 230 101-500 $ 360 $ 375 501-1500 $ 475 $ 525 Park Facility Use: Rosemead Park (Per Field) $25/hr $67/hr RosemeadPark— 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 Sports Complex.— Lights $39/hr $78/hr GarveyPark— Multi -Purpose Field $25/hr $67/hr Garvey Park— Multi -Purpose Field w/Lights $31/hr $83/hr Garvey Park —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 10% Cost plus 10% E PUBLIC TRANSPORTATION FEES Senior Bus Pass $9/mo Rosemead GO Plus $0.50/ride Rosemead GO F. CITY CLERK FEES 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 $10 Photocopies of documents — per page $ 0.20 Photocopies of documents larger than 8 H 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 Ownership Notification List General Plan General Plan Map Zoning Map Zoning Requirements _ Zoning Ordinance Candidate Nomination Filing (Elections Code §10228) Candidate Statement Deposit $ 56 $ 27 $38/each $16/each $16/each No charge $45/each $25 $3,000 G. FINANCE DEPARTMENT 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 PARKING/VEHICLEH. CVC 4000 (a) 16 , 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 CVC 4457 Mutilated Or Illegal License Plate With Proof of Correction $ 38 $ 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) CVC 5201(f) Plate Clearly Visible With Proof of Correction $ 38 __— $ 35 CVC 5202 Period of Display $ 38 CVC 5202 With Proof of Correction _ - _ $ 35 CVC 5204 (a) No Tags 73 -'$'.73- 16 City of Rosemead FY 2025-26 Comprehensive Fee Schedule W Fee Description Fee Amount CVC 5204 (a) With Proof of Correction $ 35 CVC 27155 Fuel Cap Required $ 38 CVC 21113 (a) CVC 22500 (a) Unlawful Parking- Public Grounds Parking Within Intersection $ 53 $ 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 0) 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 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 any time (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 $ 53 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 LAC 15 64.330 Blocking Driveway On Private Street Parking Within Intersection $ 53 $ 53 LAC 15.64.350 Parking Special Hazard $ 53 LAC 15.64.360 Parking Adjacent to School $ 53 LAC 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 1�'a 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 S573 Vehicle Admin Fee Stored Vehicle Admin Fee Dog Licensing: $162 $103 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 Picked up by Animal Control - litter Picked up by Animal Control - small livestock Picked up by Animal Control - single large animal Special handling by Animal Control Officer 19 $ 56 $ 56 $ 56 $ 279 Cost + 10% 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 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: $ 179 $ 75 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 Apartments: 5-10 Units $139 $ 86 $139 $ 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 tA City of Rosemead FY 2025-26 Comprehensive Fee Schedule 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 Ucense- 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 Motor Vehicle: $ 12 Fee Description $142 Fee Amount Lube and Tune $142 $100 * Locksmith $ 73 $ 66 Lumberyard $ 406 $ 337 * Massage Parlor $ 2,174 $ 238 * Massage Technician -- $ 220 $ 220 Model Studio $ 466 $191 Motor Vehicle: $ 12 Body and Fender $142 $100 Lube and Tune $142 $100 Rental $100 $ 75 Painting $142 $100 Repair $142 $ 100 Nursery—Plants $ 100 $ 75 Outdoor Festival nv'Jswu> rvuimup $ 12 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 Poultry Dealer — $ 37 $100 $ 37 $ 62 Public Eating/Food Establishment Retail — General (Food Establishment) — $ 162 $100 $141 $ 75 - _ Rides—Mechanical _ $152 $90 Salvage collector for vehicle: For -Profit $ 173 $ 110 Nan — Profit School Private $ 2 $ 280 $ 2 $125 - * Solicitor $175 $156 ,Studio --Dance $ 280 $ 125 Tobacco Retail License Fee $ 235 22 City of Rosemead FY 2025-26 Comprehensive Fee Schedule 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. Permit Fees $140 per day Community Services Officer Fully Burdened Hourly Rate Parking Control Officer Fully Burdened Hourly Rate Code Enforcement Officer Fully Burdened Hourly Rate LASD Fully Burdened Hourly Rate ;M. SPECIAL EVENT PERMIT FEES 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 Fully burdened hourly rate 23 City of Rosemead FY 2025-26 Comprehensive Fee Schedule Fee Description Fee Amount 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 $ SDO $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 Fee Description Fee Amount 5 Sh000ing 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 Processing Fee Passport Photo Firework Stand Fees Refundable 25 Fee set by U.S. Department of State $17 250 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 SUMMARY 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 v I Planning Commission Heeling Mach 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 1 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. 49334251-9314 v t Planning Coon Meating March2.2028 Page 4 of 4 Prepared by: Reviewed by: _ o Lao ' An is LL.o Richard Senior Planner Planning & Economic Development Manager Director of Community Development Planning Commission Resolution Draft Ordinance No. 1032 Draft Chapter 12.54 (Wireless T Way) 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 26-01, 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. Ye �� s� c 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. 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 t9 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 pian. 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: Performance bond. 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 propert\ 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 asefsowners 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 pessibleagpropriate , 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 pattem, 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" 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 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 9.11100 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 "OTARD" antenna means antennas covered by the "over -the -air reception devices" rule in 47 C.F.R. Section 1.4000 et seg.. 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"), pagir}a-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. .i. m ru urua..., v. ..uuou vu C ........... ..�..—..— .......... .......... ..fin ..... ..... .......-� .... .��... �.....,..... ...L.i and a. _a. .L..building.any "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 altemative 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 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. "'Alir T ge ,. S.f—f EE�AH;mmiiC�FioRSCll ZOiIOC'aNVTC6 TT_ OF"WiFeless T�C CeBH3TTIVTTiC$tIAHS Celleeatien Fae:l:.:es" shell have the fenh under See.:en 65850 .6 of the "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. 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: designedA. Any satellite dish antenna as defined under Seetion 17.54.020 (Definkiens�, B. Any satellite antemn-a that ig ane FseteF (39.37 iRehes) Ar less iH_ dig-M-eter- -And is to reeeive diFeet. L. net transmit. breadeast satellitesen-iee.eluding d:- ..t to hem@ mlGte ee.as defined ...de- C....t:,... 709 ..0 T:.1,. 47 ..Cd.e I l..:ted SsAte.. C -Ade a Fede -el Regulations; G. Any antenna SkFiietWe designed L-eadeas z--vc-fcri.nmrvronvccai it anSmiS$ioi,, . {�'if$d-49-br9adEft'551; E. An used by . the -:-.ed AF118tPlIF -ed:.. stege.... I:..enged by the _redepal 1`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. (QFd—Ne. 931. § S(Edh. A), 10 ?2 13K. Installation of a COW or a similar structure for a event. This exemption only applies if the proposed COW does not involve excavation, movement, or removal of existine 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. Planning Commission, or the City Council in the course of an appeal, following a netieed f ublie—hearing on the matter. B. Gelle at4e. GeneFal No person Fna�eneeete e role.... t;aeil:.., a -eless t.e„c d.. ,.• a :...... Juding -elated eeeesse-equip........, ..witheut a eend:tional use e -...:t approved by the .. Planning ..!`,..-.m-kan. -.6., Cit)!`........:I ,. .tieC e.. a f eel Ile..7.. ...,geed E—Administrative Collocation: and Eli ible Facilities Request. If, following the submission of a completed application form and all required materials set forth unde- ceet:en 17:;1 060 (. __heat:.., SUbFRiSS:,.., oegUiro.non:&)�in the application, the Community Development Director determines that a proposed collocation qualifies as an "administrative collocation" as Facilities Request" the proposed installation shall be approved by the Community Development Director through the issuance of an administrative eelleeatien peffn'*.Wire less Facilitv Permit. The foregoing notwithstanding, an administrative eelleeatieeWireless Facility Permit approval shall be subordinate and subject to the conditions of approval associated with the existine wireless te'................:.....:,.. c- --' - facility to which it relates and administrative eelleeatienshall not defeat the existing eaneealment elements ev .Jv.N hep al a fthe C ..flit. to Ahieh it relates (unlessi ineensiswfiey �6e aoes exeeea h -substantial change- twreshelds identified in Feaer..l G..._...... ieat: G,.......i....:,,., regulations ,.r BFdeFs). Also, the life of an administrative eegeeat+ea-wireless facility permit approval may not exceed the life of the underlying eenditienal--ese-wireless facility etmit or other underlying discretionary authorization corresponding to the wireless _easadministrative collocation €iegkyor Elieible Facilities Request upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed. P. o_..., ea r ,.,tion .. ........................... ... . _ ... ONY.. 17.44.060 17.54.060 - Application submission requirements. A. Applications for a wireless facility permit under this Section. a Ceerdinated,kntefma ol... or for th . „___....,,1 O fffi...a...:..:......:..e eell ,eatien 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: ,. = : ...:: ......... ,., .:.. .; - -:. - .. ,. . ,.. - : .:. , 17.44.060 17.54.060 - Application submission requirements. A. Applications for a wireless facility permit under this Section. a Ceerdinated,kntefma ol... or for th . „___....,,1 O fffi...a...:..:......:..e eell ,eatien 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: 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 fellewing 4—tea 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) -r). �;euslesetia:.s-w;t,i„-its identified gLe.paphie beHAdfiFieS Whether and ..t.e_e it e_d.. to in buoi inn ..eveffige, in .ehiele eevemge a..d/e_ e..tdeer 3) A general sufnmafy of the .. plie geed C kh eF£ .ts to identi6, study and PAIR1 lees :.......s:..,, elt.._...a:...,, :_el.. d:....the use of less :_...sive teehnelegies and equipmenti altemeAiNe � designs;altemafiyesiting struet.._e.. _,...ake-..eta siting struetwe dee..... ... eludin stealth Fee:l:t. . designs-; ale _ and ..Its s to alts atiN,e alternative seale .....,.... ......... a �....,,, e.... e.. .. JAPAtions viithifi the sea..et. riRg, eell..eet:e.. a plaea...ent upon nt A gefi_el _e .Je..et:e_ as W ..1.5. Spee:ae eiFeumstasees. anditie__ ,, va.e_ F ,ler eseh a f!he alte....atk-es ide...:F:ed P ..t.e ubseetie.. A l M121 F hi Seetien. Ahe;.e ineapable eF_edueeng a purpe.ted ee%,@Fagep to ade •Ttiititmis le%CT 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 9. h. 13 3) The proposed height of he wireless facility including total height of anythe 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 as defined herein. 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, er-support structures proposed or any landscaping that may be required to camouflage the wireless facility. 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. 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. 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. Alengwith a e9fopleted applioatien, 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, ifleiHdifl.Q. °e- .._ OSed-a.-.:..:..,_^':•'� existing 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. Meng with a ,.,,mph's,, ,.ppli ata ,., s �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. h ....a,.,.....:.._ Plan. , len .. ith a mp ted ..__l a.-... ..n.' -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 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 shal I 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; 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. pfopesed site. 6. Justification Report. Along with a completed application form, the applicant shall also submit a justification report which: seeks tO Maki 8F addFeSS thrOtigh its pFepesal, (e.g., MiLther it is ta ad -d- a-d-d-iti metwerk ere �.iRereaseexisting sigital g er • e eeverage); lsea4ians �A,khiR its- identified geegraphie boundafies (e.g., .A.-hLthep And v here _ap extends to in building D 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 ineapable of Fedueing 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 fef redueiiig any puFpeFted ewef:age D level. 7. Propagation and Coverage Reports. Thelf aonlicable. the justification report shall be accompanied by a radio frequency engineer's propagation and coverage report-ao4 a seepe of any pwpef4ed a 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 a e pFevided by the prepesal 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. A'eng with _ ..emple,ed '^^" Il''e¢ €errn, eaekEach 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. Ales.- r with _ mpletea "rr"lie"""n `* eaehEach 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 pedury the reason why such licenses, permits or other approvals are not required. 10. Radio Frequency Emissions and Signal Interference Analysis. applieation 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 m 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 te the o'-__:_` CeRwa «:e_ 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 eenditienel tisewireless 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 eend4;orel-usewireless facility permit for VA 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 eend4ieRelt}sewireless 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 evidence, presented by the applicant: 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 Wim Twireless 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 mandatery 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; te asI. a r e e all :aeRti flea alte ,..:. shall a,_ :ae ed all ap On nepAeFIE a Je„s to 01 D. Findings Necessaryfor Denial of Pe sena; -Wireless Sewiee Facilities. Notwithstanding any other findings made in support of the denial of a eee,ditieaal asewireless facility permit under this chapter, neither the Director. Planning Commission nor the City Council in the course of an appeal, may deny a eenditienal—sewireless 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 FeeeFd fails to establish the existenee of a signifieant gap 611 PeFSORala IF fails to establish that installation wireless facility permit is seughE+s-the least intrusive ttpetffmeans 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 Wil. 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 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 eaad4ien4-t wireless facility permit may not be based on the environmental effects of radio frequency emissions for peFsenal 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 v th eo,..;pn 1 v ce n7 -n administrative collocation as defined herein. V RE 17.54.100 A pplieant's eN ide b^f:ae Eligible Facilities Requests tie... ..A-. s the e ...bons n auth...'.. the ..0 e.. -AdminisfFative elleee.;en peFmit under this ehapier OFA'hieh OdeqUately Febuts any findings ift fak,er efa denial fer-the same. to, substantial evidence whiehi For installations on private oropert 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 subject to an Administrative WTFP and related review and aooroval process. 17.54.110 -Appeal Ge_ditional Use neFw;R.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 aeenditieAal isewireless facility permit under this chapter, the applicant or interested party may appeal the matter to the Planning Commission (in 20 MW •.. ..• .. .. _ ... .. _ ............. .. _... For installations on private oropert 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 subject to an Administrative WTFP and related review and aooroval process. 17.54.110 -Appeal Ge_ditional Use neFw;R.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 aeenditieAal isewireless 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 tialk 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: L 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 ' approc insZ bode 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 trans ::issien deN ice ^Ra FPIRtA' RPPPRqR arefacilitN 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 ef wireless tre..smis-:,._ d -VA....._., -.1-. , PA—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 feature. c. Proposals in which a wireless facility R- V.4FP1Pq5 •--_g_:Rg:A_ a -ke And FAR a 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 ^ ^^^- aeviee and -^'^•ea aeeessep• egtr.. entfacility 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 aftfacility 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 17.54.239260, any wireless facilities, wireless transmission devices, support structures or accessory equipment existing as of the effective date of this Code [Ord le. -4992. as may he 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. Not 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.I. through A.4, of this Section, above, but only upon a findingfindings 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.I I. through A.4. of this section, above, must still satisfy all other applicable conditions and findings necessary for eendkieeel--nsewireless 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 eenditional-asewireless 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: 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 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 €ae4+4eslighting 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. fi%- (50) ao A measuredoat theffepeFty IiRe In addition, all wireless facilities shall comply with the noise regulations at Chapter 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 eenditienal use%%ireless faci lit\ 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 25 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 eenditional asewireless facility permit or administrative collocation approval. G. To verify ongoing compliance with FCC operating and emissions standards, the recipient(s)/holders(s) of a ee sewireless 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 eenditienal useNcireless facili1y 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 eanditienal asewireless 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 eenditienal usewireless facility permit or administrative collocation approval for the noncompliant facility, device or equipment. H. Any violation of this see6enCha2ter 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 owners expense. 17.54.170 — Performance and Removal bond. As a condition of approval for any eendiE'anal usewireless 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 eenditianal usewireless 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, altemative siting StFHEWFOs 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 io which it is applied. Otherwise graffiti shall be removed through the use of solvents or detergents. unautherized inseFipti8fl. W8FE1. figure, painting 8F ether def6eement that is A rinen, Fmadied. surfaee by any Fneans. C. Landscaping. Any ^^^ sewireless facility permit _ ^' Or adFA;A •--•'A - eelleeeaien 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 28 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 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 Community Development Director and the Chief Building Official; B. The forwarding of the official name and contact information of the prospective assignee; and 39 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 aay eeeditienaW- ewireless facility permit eF-etheranv 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 cenditienal use nv \\ireless facility permit of-ed*er-approval issued pursuant to this chapter. N -'tee Grounds for revocation include the finding thatfollowing findings: I. 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 eeaditienal esecy wireless facility permiteF administnak e eeilecatieft approval have failed to timely bring such facilities, devices and equipment into compliance. B Antennas Permitted without a Discretionary Permit. The following OTARDs are permitted as 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: 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. unreasonablv 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 OTA RD 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. I Required Findings Applications for OTARDS shall be reviewed in accordance with section 15.74.040. The following findings shall be made by the decision-making authority in coniunction with approval of a use permit for the antenna: a Consistencv with General Plan The antenna is consistent with the general plan and any pplicable specific plan. b Consistency with Zoning Code The antenna conforms to the permitted use provisions c Compliance with CEOA Processing and approval of the permit application are in compliance with the requirements of the California Environmental Oualrtv Act. d Surrounding Uses Approval of the application will not create conditions materially 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 Topo:raphic 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 reasonablv accommodating amateur radio communications. 17.54.250 - Wireless facilities in the public 31 Pel 640:6eq r a c,,..,i an 7901 I 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 eified in Title ` de^ia ,was regulated at Title 12. Chanter 12.54- 17.54.2-.1,0260 - 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 eertditieRal esewireless facility permits issued pursuant to this chapter. The fee for processing and reviewing applications for administrative Wireless Facilities permits eeneeatiep-pefn+its shall be the same as for an Entitlement Plan Check Modification Fee (Ministerial) 4tej4wfevieA"as 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 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 32 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 this 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. 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 Re uirements 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 — OUP ee Article See Article Telecommunication 3, Chapter 17.54 31 Chapter 17.54 Facilities Special Needs Uses, limited to onl 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 34 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 Garvey Avenue Specific Plan District Allowed Uses GSP - OS/P GSP - R/C GSP GSP— MU* Specific Key: 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 C44xSee Arti GUASee Ani f44RSee Arti See Article tion cle cle cle cle 3 Chanter Facilities/Wirel 3. Chapter 3. Chapter 3, Chapter 3, Chapter 17_54 17.54 ess 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 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 GJ.3RSee Article — See Article Telecommunication 3. Chapter 17.54 31 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 tie -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 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 GURSee Article Ei3RSee Article See Article Facilities/ 3, Chapter 17.54 3, Chapter 17.54 3, Chanter 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 partthereof, 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. APPROVED AS TO FORM: Rachel H. Richman, City Attorney W Sandra Armenta, Mayor ATTEST: Ericka Hernandez, City Clerk 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 Hemandez, City Clerk W EXHIBIT "C" 12.64.010. PURPOSE. DRAFT 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 rightway. 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 pubpc health and safety, community welfare, visual resources and the aesthetic quality of the Co'cdfisistent with the goals, objectives and policies of the general plan, and (3) to provide for the or&` managed and efficient development of wireless telecommunications facilities in accordance'`wiIA ale: state and federal laws, rules and regulations, including those regulations of the Federal Communications Commission ("FCC) and California Public Utilities ComAdiiin ("CPUC') d (4) to ensure that the use and enjoyment of the PROW is not inconvenceed by.lhe use of thROW for the placement of wireless facilities. The City recognizes the itnpfbrtanc:df wireless f lines to provide high-quality communications service to the residents and tuisineiftmiluh,the City, and the City also recognizes its obligation Y H' to comply with applicable Fed' "" and Sta laws. This chapter shall be constructed and applied in consistency vrrlN provisions of state and federal laws, and the rules and regulations of FCC and CPUC. Ih the eventaf:any mcotisstency between any such laws, rules and regulations and this chaptet„the laws, ruled regulations shall control. 12.64.020 DEFINITIONS. "Accessory equip °riient i means any and equipment, including, without limitation, back- up generators and pa6r supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shakers, 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 speck 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 DRAFT 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 ceUs). 3. Any structure other than a tower that, at the; time the relevant application is filed with the City under this chapter, supportsQr 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 stricture was not built fpr 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 pare aphs 1 and 2 ofthis definition. Other structures that do not host wireless telecommunications facilkies are not "base stations." rt As an illustration and not a lift jt�tion, Ufe ; - , s definition of "base station" refers to any structure that actually supports wireless equipmen even though it was not originally intended for that purpose. Examptesude, not, limited to, wireless facilities mounted on buildings, utility poles, lightstandards or ffaffic signals. A structure without wireless equipment replaced with a new setrurd a designed tb i©ear the additional weight from wireless equipment constitutes a base station. "City" means thejQty of Rosemead. "Code" means the Rdsemead 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)." 4902-27654694 COW" eans 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; 2. Removal of transmission equipment; 3. Replacement of transmission equipment #W does not result in a substantial change (replacement does not include complet8ly,replacing the underlying support structure); or 4. Hardening through structural enhang@ment where such hardening is necessary to accomplish the eligible facilities re45eietFbut does not include replacement of the underlying support structure. "Eligible facilities request ves not includ podifications or replacements when an eligible support structure . 's co , cted or debloyed without proper local review, was not required to undergqcal rg ew, involves,equipment that was not properly approved, or was not constructed q�j Nance with the approved plans. "Eligible facilities request" does mcludeY;, :locatio cilities satisfying all the requirements for a non- discretignajeNocetion faCliity pursuant to Government Code Section 65850.6. "Eligible ort m structure" eans any support structure located in the PROW that is existing at the timet P; levant appkation is filed with the City under this chapter provided said support structure has 1. , n mstallad'and placed in the PROW pursuant to a City approved permit or other legal authorizer right{o be installed and maintained in the PROW. "Existing" means fa" 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). "FCC" means the Federal Communications Commission. 4902-276SA694 f I7 7_T37 "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 irtwhole 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 facifr(y;,that involves any of the following: collocation, expansion, afteration, enlargement, intensificatio ►,"; reduction, or augmentation, including, but not limited to, changes in siz6.shape,color, visual design, or exterior material. "Modification" does not include repair, or maintenairace if those actions do not involve whatsoever any expansion, aeration, enlargement, intensifloarbn, reduction, or augmentation of an existing wireless telecommunications facility. "Monopole" means a structure composed of a potstower used to support antennas or related equipment. A monopole includes a mono pine mori0:and similar monopoles camouflaged to resemble faux trees or other faux objects attaches on a"monopole (e.g. clock tower or water tower). "Mounted" means attached or supported. OTARD antennas" means arrtennasegvefddby the "over -the air reception devices" rule coded at 47 C.F.R. sections 1.4000 et seq. as mAy be amended from time to time. "Permittee".means any person or en* granted a WTFP pursuant to this chapter. "Personal wireless services° shall have the same meaning as set forth in 47 United States Code (USC) Sectio;i*332(c)(7)(Cj(i). "Pole" means a siggle.sl aft 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 4902-2765-4694 DRAFT equipment and does not include replacing the support structure on which the equipment is located. 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 su&Aik ial change" as defined by the FCC at 47 ne C.F.R. 1.6100(b)(7). If undergrounding the cagi,ls 6bo-iulogically infeasible such that it is materially inhibitive to the project, the Director o Oublic Works may allow for a ground mounted cabinet. A modification or collo&W results is aSubstantial change" to the physical dimensions of an eligible support structure if it `does any of thea.. Iowing: 1. It increasest1 ht otthg structure by more than 10% or more than ten feet, whichever is ar r 2. It involves adding art bppurtenance to the body of the structure that would protrude from the adg of the structure by more than six feet; 3. nvolves installation of any new equipment cabinets on the ground if there are no xisting ground cabinets associated with the structure, or else involves ins 1166 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 consideration of the cabinets 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. 4902-2765-4694 IT_ M "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 C.F.R. Section 1`i1320(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 orfiwhich 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"dep'oyment, excluding associated antenna equipment (as defined in the defniition'of atttetina in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet iri volume; 3. All other wireless equipment associated with the structure, including the wireless equipmenf ,OSsociated with the antenna and any pre-existing associated equipment onit to stit5ej p no more than 28 cubic feet in volume; 4. 716e40.0iijty does riot.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 „t}Q0.16(x); and 6. TH4,1acility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Title 47 C.F.R. Section 1.13b7(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 forwireless 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 DRAFT 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, Wo -emergency power systems that are integral to providing wireless telecommunications servioes. Exceptions: The term "wireless telecommunications facility" does not apply to the following: 1. Government-owned and operated.telecommunications facilities. 2. Emergency medical care prcvider''-oymed ,and operated telecommunications facilities. 3. Mobile service -,providing public information coverage of news events of a temporary; nature. ' 4. Any wireless telae ons facilities exempted from this code by federal law or state law. k;.,,. "Wireless telecommun talions services" means the provision of services using a wireless telecomtrgucations facilit and shell include, but not limned to, the following services: personal .. wireless 6Wpes, cellullaf service, personal communication service, and/or data radio "WTFP" means a NVretess telecommunications facility permit" required by this chapter, including a Major WTFP or arrAdministrative 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 unpennitted wireless facilities. All illegal or unpermitted wireless facilities shall comply with this chapter and obtain a WfFP, 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; 4902-2765-4694 7 DRAFT 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 it Ration does not involve excavation, movement, or removal of existing facilities:"F,jSaid COWS shall be subject to any other City approvai',includingbut not limited to a temporary use permit. C. Public use. Except as otherwise provided authorized pursuant to this chapter will public. 12.54.040. WIRELESS TELECOMMUNICATI A. Administration. The D01661orof Public Woi As part of the adn"4iration'of this chapte by state or federal law, any use of the PROW subordinate to the City's use and use by the FACILITY PERMIT REQUIREMENTS, is responsible for administering this chapter. he Director of Public Works may: 1. Interpret the prafr�arons gt&fghapter, 2. I)eveiop,and implement standards governing the placement, appearance and modification of wireless telecommunications facilities consistent with the requireme of this chapter, including regulations governing collocation and •,resolution conflicting applications for placement of wireless facilities; 3. tievelop and implement acceptable design, location and development standards fog wifeless 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; 4902-27&r)-4694 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 an''application. B. Administrative Wireless Telecommunications Facili4iespermits ("Administrative WTFP"). An Administrative WTFP, subject to the Directorif,,Public Works's approval, may be issued for wireless telecommunications facillties-'cgilocations, or modifications to an eligible support structure th'9t' et the following critena: a. The proposal is determined totibe fdSWF; or b. The prQp6*0 determinedto be an eligible facilities request; or C. Both.', T. 2. In the event 11tiaEthe Dir�l6i fi.for` of Public Works determines that any application sufii x for an Mministrative WTFP does not meet the administrative permit criteria U f)is chapter; the Director of Public Works shall convert the application to a Major Wt#P for planning commission hearing. C. Major,V*eless Telecommunications Facilities Permit ("Major WTFP"). All other proposed wireless'_ mmtinications facilities or replacements, collocations, or modifications to a wireless to mmunications facility that are not qualified for an Administrative WTFP shall be subject (iS'`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 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 4902-27654694 DRAFT 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. 12.64.060. 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- 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 he'govemed 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. ° fil- 1. All applications for WTFPs shalf;berifidially submitted to the City along with the information required for an encroachment permit or any other permit required by this Code. Epc*-applicant shall filly and completely submit to the City a written application of a for0orepared by tt�e Director of Public Works. 2. Application SutimdtatApljgintment. It is recommended that all WTFP applications must. be submitt,to the dirG+ctor of Public Works at a pre -scheduled application sub'rtnasipn appointment, City staff will endeavor to provide applicants with an appointment within fivobusiness days after receipt of a written request. 3. , ,Jf the wireless telecommunications facility will also require the installation of fiber, moble or o"Xial cable, such cable installations shall be included within the ap�4lcation form and processed in conjunction with the proposal for vertical support ii'tt stre(s). Applicants shall simultaneously request fiber installation or other cabla'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: 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 4902-2765-4694 10 DRAFT 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 uglity equipment, and dimensioned drawings with specifications for each element otlhe wireless facility, clearly describing the site and all.s#W, ures and facilities at tf a site before and after installation or modification; and`a.dimensioned map identifying and describing the distance to the nearest reside6W dwelling unit and any historical structure within 500 feet of the facility. And phA"imulations must be provided depicting the proposed location before and after *,Proposed installation taken from four different angles (8-g- notttF uth, east and west views). 5. Detailed engineering plans of the praposedwjreless telecommunications facility and related repo a „ 'professional engineer registered in the state a. Heigtrtfelevapon, diameter;-" layout and design of the facility, including teehnQ ,,specifications, economic and other pertinent factors goveminfieledron of the proposed design, together with evidence that GemonstrAjlu-that the proposed facility has been designed to be the least irijiusive equipment within the particular technology available to the carrier for Ooployment. 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 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. 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 f IRT.T M 7. 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. B. 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 clafi _.- nts are not permitted to supplement this showing if doing so would pre ven ,.,from complying with any deadline for action on an application. C. Application Contents,, r" WfFPs. The Director of Public Works shall develop an application form anr[make davailable to aF' cants upon request and post the application forth on the City's'website_'7he applicat%n form for a Major WTFP shall require the following information';other information determined necessary by the Director of Pgplic Work;* , 1. The name; address And telephone number of the applicant, owner and the operator oftFie proposed wireless telecommunication facility. 2. If -the applicant does not, or will not, own the support structure, the applicant shall p , u pe adult' -executed letter of authorization from the owner of the structure. If the' per 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 DRAFT 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 w4 the date of the application serving the carrier identified in the application)o d. Total anticipated capac ky.of the wireless telecommunications facility for the subject carrier, indicating the mber and types of antennas and power and frequency ranges, which can accommodated. e. Sufficient evidence of the;-ttructural"integrity of the support structure as requirgO,*,,the City. 6. A written dtiort identifying the`geographic service area to be served by the proposed plus gephic or propagation maps showing applicant's service 7. Ajustification study which includes the rationale for selecting the proposed wireless telecommupication facility design, support structure and location. A detailed ^' explanationf the applicant's coverage objectives that the proposal would serve, Mil how the proposed use is the least intrusive means for the applicant to cover ii t h, 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 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 aftemative 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 4902-2765-4694 13 DRAFT the adjacent jurisdiction for the installation of the extra -jurisdictional portion of the project. B. 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 determine ion 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 0rdpo§ed screening for the wireless telecommunications facility, including scaled' pjoto simulations from at least 4 different angles (e.g north, south, east, west),. 10. Documentation sufficient to stio*1 t the proposed facility will comply with generally -applicable heaRh and safe rsions of the Code and the FCC's radio frequency emissions standards.:. 11. Copies of any dooWrwnts that the applicant is required to file pursuant to Federal Aviation A"TnistraAon regulations l�rthe proposed wireless telecommunications facility. 12. A noise study prepared by a qualified acoustic engineer documenting that the level ,,Of-nAktp be emilied by the proposed wireless telecommunications facility will comply i ..this code' including Chapter 8.36 (Noise Control) of this Code. 13.`.' ; A traffic con$ol plan when applicable. The City shall have the discretion to require traffic corltfol plan when the applicant seeks to use large equipment (e.g. crane) a'arproved 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 DRAFT 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)td 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 2gt.limited to, application completeness or accuracy, structural engineering analysis, or cbrhpliarice with FCC radio frequency emissions standards. F. Costs. Reasonable costs of City staff, consultant and att6rney time (including that of the City Attorney) pertaining to the revievl ssmg, noticing and hearing procedures directly attributable to a WTFP shall be'fei to the City. G. Effect of State or Federal Law on Application Process. In the event a state or federal law prohibits the collection Qany information or application conditions required by this Section, the Director of Putt Works is at#oorized to omit, modify or add to that request from the City's ap ion foiiir. Requests4or waivers from any application requirement of this Section shall be 14 the the Director of Public Works or his or her designee. The Directorlof Public' s may' fant a request for waiver if it is demonstrated that, notwrthstaridat ttha issuance of a waiver, the City will be provided all information necessary to uri etstend tha•nature of the construction or other activity to be conducted pu ant to the WTFP sought. All waivers approved pursuant to this Subsection shall be (1) *ted only ort case-by-case basis, and (2) narrowly -tailored to minimize deviation from tfi eauiremeAs of the Code. H. Applicatior'i§eemed 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 feel 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 DRAFT 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, lt 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. 12.54.080. 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 "ii319Fiborhoods and corridors in which the facilities are located.; ehsures 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 thatsuch 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 i¢nprof,nment, modification, relocation, vacation, or abandonment of facilities in the PROW': B. Findings Required for Approval. 1. Administr"ti WTFPApplications ,SWFs. For WTFP applications proposing a SWF, the'*'�e or of Public Wor as the case may be, shall approve such application it., on on' -ft bi of the application and other materials or evidence provided in review thereof, all'of the following findings can be made: a. Thp 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 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: 4902.2765-4694 16 C. 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 supporting the applicant's claim that it has the right to enter the public right-of-way pd ant to state or federal law, or the applicant hes entered into a franchise agreement with the City permitting them to use the pUbNc 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 evidence and a meaningful comparative analysis to show that all ake� locations and designs identified in the application review proce�s:w a tei fpYcally infeasible or not reasonably available. Notice; Decisions The provisions in this Sion describe the procedures for the approval process, any regU);notice and public hearings for a WTFP application. 1. Administrative WTFPS W1�FP'applications shall not require notice. 2. Major Wl_TR Applications. Any Major WTFP application shall require notice and a public hek&g. Notice of such hearing shall be provided in accordance with '',kGovemmerl,?Code Section 65091. Public notices shall include color photo mulationsfrom four (4) different angles depicting the wireless telecommunication i'w'' as proposedtobeconsidered bythe planning commission. Ifthe application pr the use of an existing or replacement eligible support structure, such simuns shall be posted upon the proposed support structure for a period of tt 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; 4902-2765-4694 17 DRAFT b. Ageneral 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 d. To be given to: (i) The project applicant and property owner, (ii) Any person who submitted written comments concemu 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 the WTFP srTe€ < 4. Once a WTFP is approved no�;changes sha0 be made to the approved plans without review and approval in ado6rdance with this chapter. D. Appeals. 1. The administfative dedsiop, ofAdministrative WTFPs shall be final. 2. _ of decisions related to Major WTFPs shall proceed as provided in accor ° with the appeal provisions in Title 17 of the Zoning Code, Chapter 17.160 E. NaticBrt Shot Clocli Expiration. The City acknowledges there are federal and state shot clocks maybe applicable to a proposed wireless telecommunications facility. That federa state law provide time periods in which the City must approve or deny a proposed Bless telecommunications facility. As such, the applicant is required to provide WCity 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. 12.64.070. 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 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 for which 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 11 J.A 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 forthe subjecttower or basestation. 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 ot�ei'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 shi, 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 6408"a. the Spectrum Act, or any modification to Section 6409(a) of the SpectrunAct. C. Major WTFP Design and Developmeq, Standards. All wireless telecommunications facilities subject to a Md*'W that are [trcated within the PROW shall be designed and maintained as to ip'iimize visual, noise another impacts on the surrounding community and shall be plafined,.,designed, located,wand erected in accordance with the following standards: 1. Gener*,Guidelines.' a. Ths 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. Pale -Mounted Only. Only pole -mounted antennas (exceptin4,Wooden utility poles per subparagraph 5.b below);shall be permitted in the public right-of-- way. Mountings to all other forms of suppgo structure in the public right- of - way are prohibited unless an exception pursuant to Section XX.XX.080 is granted. b. Utility Poles. The maxiri)utt(' ht of any antenna shall not exceed forty- eight (48) inches above he of an existing utility pole, nor shall any portion of the antenna or egupfiienftntlunted on a pole be less than twenty- four (24) feet above any'iltvable road surface. All installations on utility poles stsBCv#wN comply nth the California Public Utilities Commission genetal order including, t tot limited to, General Order 95, as may be revrsk or superseded. k C. Light P614, The m$zirnum height of any antenna shall not exceed forty - (48)"' s above the existing height of alight pole. Any portion of the na or equipment mounted on a pole shall be no less than sixteen and on`' alf (16%) 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 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. 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 20 101 .7_1 ; 1 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 repla8", ntst6demonstrate why an eligible support facility cannot be utifaed and demonstrating the new structure is the least intrusive': means possible, including a demonstration thpt the new structure is.designed to be the minimum functional height" width required to support the proposed wireless telecom iuni =facility. i. All cables, including, but limited to, electrical and utility cables, shall be run within, ihe interior of th' upport structure and shall be camouflaged or hidden to the fullest extenasible. For all support structures wherein mtengrnstallation is infeas' le, conduit and cables attached to the exterior shall tie`m4xiflte lWthereto and painted to match the structure. 6. S06* Each facilely shall be designed to occupy the least amount of space in the right-of'Vvi -.that is technically feasible. jeaw �; 7. ins Wnd Loadach facility shall be property engineered to withstand wind loads as Nr enquired by;, is code or any duly adopted or incorporated code. An evaluation of wing; load capacity shall include the impact of modification of an existing B. 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 F:M 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, Gtr not limited to, undergrounding the equipment and/or replacing larger, more vi yrally 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; IONS FOR NON-COMPLIANT WIRELESS TELECOMMUNICATCILITIES. A. Pre -approved Locations. 1. The City may approve. by resolutiot following a duly noticed public hearing, a list of sites whrch,may be located on blic property or within the public right-of-way and which arssp{ fo . foywifeless facilities, wireless transmission devices, or related accessotyegwpm"Each site shall include a description of permissible devef4pment and design characteristics, including, but not limited to, maximum height rd`g6irements.'fhe City shall make said resolution available to all persons y, .. upon request. The approved list of locations may be subsequently amended by resolution from time to time. 2. A, cilities'located on a public property site which is pre -approved in accordance wP�Iection A.I. of this Section must obtain administrative approval from the PubUCWorks 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. 4902-27654694 22 DRAFT B. 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. 1. 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, SectiM 332(c)(7)(C)(ii); and 2. The applicant has demonstrated,. that strict compliance with any provision in this chapter for a WTFP would arohibit the provision of personal wireless services; and ff 3. The applicant has provided the C Y with a meaningful comparative analysis that includes the fack*reasons why a0y aftemative location(s) or design(s) suggested by the City;or otherwise identified'*�rthe administrative record, including but not limited to po tial alfematives idetiTified at any public meeting or hearing, are not technically feasjble o tosap 1 19 available; and 4. Th&-,4*}licant has p{ovided the City with a meaningful comparative analysis that includeslfefactual reasons why the proposed location and design deviates is the least non* _pliant and design necessary to reasonably achieve the applicant's reasonable objectives. D. Scope`lanning commission or Director of Public Works, as applicable, shall limit an exemption-. a•*fFP 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 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 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: 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 specked by City's risk management'€;,,The relevant policy(ies) shall name the City, its elected/ap)>q_inted 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 ap . the owner of the property upon which the wireless facility is installed shall defend4 indq�y and hold harmless the City, its agents, officers, officials, and employees (r) frori$ in nit a#:damages, liabilities, injuries, losses, costs, and expenses, and from any and aN: aims, demands, lawsuits, writs of mandamus, and other actions or Qfoceedings brought' gainst the City or its agents, officers, officials, or employees to gollenge'4ttack, seek :modify, set aside, void or annul the City's approval of the pe hikand M from any and all damages, liabilities, injuries, losses, costs, and expenses, and ofi and a9 tdemands, law suits, or causes of action and other actions or proceedingsof any kind `6 form, whether for personal injury, death or property damagpj'iiftout of orinon connection with the activities or performance of the permittee or, jf applicablesi:ft private property owner or any of each one's agents, employees, liei sees, contractors, subcontractors, or independent contractors. In the event the City be s aware of*y such actions or claims the City shall promptly notify the permittee and, plicable the private property owner and shall reasonably cooperate in the defense:*;2 a Clty shall have the right to approve, which approval shall not be unreasona` lewithheld, the legal counsel providing the City's defense, and the property owner and,/df 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. 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 4902-2765-4694 24 DRAFT 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; roll9pse, weakening, or loss of lateral support to City streets, sidewalks, walks, wrbs;'gl.u(ters, trees, parkways, street lights, traffic signals, improvements of any .kIry&' or nature, or utility fines and systems, underground utility line and syste*0(water, sewer, storm drains, gas, oil, electrical, etc.) that resultfroin any aetivitie , performed in connection with the installation and/or maintenance of a wireless ftllity in the PROW. General dirt an49rea9r3 :,, ,, , 3. Chip ,ja, ded, peeling, and cracked paint; 4s Rust and corrosion; 5. Cracks, dents, and discoloration; U.� 8. MisBrrrg; 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 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 B7 XTM 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 shag comply with theJiTl fymerican 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 edogted noise standard after written notice and reasonable opportunity to cure have '" an shall be rounds for the Ci to revoke p ty gni, g City the permit. N. Interference. 1. The permittee shallYid move, after' �mporarity relocate, change, or interfere with any existin°structure, improvemert; or property without the prior consent of the owner of that ` ptu r8:;_ , )(ement, or property. No structure, improvement, or prEE" ned t the Call be moved to accommodate a permitted activity or ent, unless the City determines that such movement will not adversely affor any.surrounding businesses or residents, and the permittee pays all costs 'rind expenses related to the relocation of the City's structure, improveme"stt, or property. 2. to commencement of any work pursuant to a WTFP, the permittee shall prderthe City with documentation establishing to the City's satisfaction that the perrt&e 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 tarty 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 Eel 19 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, after, 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. 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. Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with #iie facility, which includes without limitation this approval, the approved plans and photo Sim- incorporated into this approval, all conditions associatedth this approval and any ministerial permits or approvals issued in connection with th" " val. In the event that the permittee does not maintain such records as required in tins cd" or fails to produce true and complete copies of such records within a reasonalye..gtne attara written request from the City, any ambiguities or uncertainties that would "Cesolved through an inspection of the missing records will be construe&I inst the pe ttae. .. 12.54.100. NO DANGE13US 00NDITION OR OBSTRUCTIONS ALLOWED. No person shall install use or maintain anreless telecommunications facility that in whole or in part rests u f over anylpuolic right-of-way, when such installation, use or maintenance endangers Wisoreaso likely to endanger the safety of persons or property, or when such site or loeati used for pu*utility purposes, public transportation purposes or other governmental use, or @uch faalit `unreasonably interferes with or unreasonably impedes the flow of pedestrian orcular traffic including any legally parked or stopped vehicle, the ingress into or egress from anti idence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailbo rmitted sidewalk dining, permitted street fumiture or other objects permitted at or neaFlaid 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 has:obtained prior written approval from the director which shall not be unreasonably denied. IfiIpre 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 unpemtitted 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'`'thi.,ctiomshall constitute a violation of any approvals and be grounds for: 1. Litigation; 2. Revocation or modificatim the permit; 3. pwtingi:on =bond or other assurance required by this article or conditions of approvelafthe permit; 4. ;Removal of the facilities by the City in accordance with the procedures established -der this code for abatement of a public nuisance at the owner's expense; and/or 5. Any? Cher 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 DRAFT 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 owners;gxpense; 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 putigc right-of-way, or an imminent threat to public safety, or determmes.gther exigent circumstances require immediate corrective action (collectively, `exigent stvances"), such"director or City engineer may cause the facility to be removed summ my immediately without advance notice or a hearing. Written notice of the removal ss 11 ua the basis for the removal and shall be served upon the permittee and personowns the facility within five (5) business days of removal and all properly r moved shall Be preserved for the owner's pick-up as feasible. If the owner cannot (ie iden&ad following onable effort or if the owner fails to pick-up the property wthlrt sixty (60) days, the fa shall be treated as abandoned property. D. Removal of Facilities by City. In the d erd the City removes a wireless telecommunications faciltyjp.4i 6 tdance with nuisance abatement procedures or summary removal, any such rempVal shall bavAthout any 6ebility to the City for any damage to such facility that may regfil from reasonable efforts of removal. In addition to the procedures for recovering costs of r nee abater"nt, the City may collect such costs from the performance bond posted and Mi, , extent s9ch costs exceed the amount of the performance bond, collect those excess 08M in accordance with this code. Unless otherwise provided herein, the City has no obligatio'store such facility. Neither the permittee, owner nor operator shall have any claim if, a 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. 12.64.140. 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. 12.64.160. 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. 4902-27654694 29 DRAFT 12.54.16o. 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 shag; within ten (10) years from the date this chapter became effective, be brought; Int6 - conformity with all requirements of this article; provided, however, that should the ownerdesire 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 nine„to the extent the City can require such compliance under federal and state law. C. An aggrieved person may Me 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 maysconsider the amouni of investment or original cost, present actual or depreciated value ditei,!.jFnstruction, amortization for tax purposes, salvage value, remaining useful life the Iand remaining term of the lease under which 4 is maintained (if any), and the h e*blic if the structure remains standing beyond the prescribed amortization peridil, and set an amortization period accordingly for the specific property =.r 4 4902.27654694 30 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 Valenzueia, 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 to 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, Tide 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 Marshal an. 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, tut will not be railed 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 perthe 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 Stadink. Senior Planner Lao responded no, these are just for cell carriers. Rosemead Planning Commission Meeting Minutes of March 2, 2016 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 Barry 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, l 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 fortheir hard work on their presentations. They also acknowledged all the Commissioners. 7. ADJOURNMENT Chair Ung adjourned the meeting at 6:00 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 3". Traffic Commission- April 12 *^ Beautification Commission — March 11" Planning Commission — March 1611 Public Safety Commission — March 26th ATTEST: Linda Lam Administrative Assistant Rosemead Planning Commission ,Meeting Minutes of March 2, 202E 4 of 4 Lana Ung Chair VVV 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 duty 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 duty 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 justly 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 speck plan; FINDING: The proposed Municipal Code Amendment 25-D1 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. _ , , ,; Y 1 dl � *� � t' � SECTION 4. This resolution is the result of an action taken by the Planning Comm ssion 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. Iv 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: Lily Valenzuela. Secretary APPROVED AS TO FORM: Stephanie Gutierrez, Planning Commission Attorney Burke, Williams & Sorensen. LLP