Ordinance No. 1032 – 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 CORDINANCE 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
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
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:
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 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,
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
F`.
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
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
"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
0
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.
0
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
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;
S) 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
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
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
a
W,
10.
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.
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.
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.
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
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
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
Code, the county of Los Angeles or the State of California even with modifications and/or
added conditions acceptable to the applicant.
5. Substantial evidence demonstrates that the proposed installation is not compatible or
consistent with surrounding infrastructure or vegetation or is otherwise detrimental to the
community or aesthetic quality of the City.
17.54.080 - Prohibited grounds for denial.
Notwithstanding any other provisions of this section, the denial of a Wireless Facility Permit may
not be based on the environmental effects of radio frequency emissions for wireless facilities that
comply with FCC radio frequency emissions standards�or other effects arising in whole or in part
from those environmental effects.
17.54.090 - Requirements for administrative collocation.
Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Director
of Community Development, or the City Manager in the course of an appeal, shall administratively
approve as a permitted use any proposed collocation which qualifies as an administrative
collocation in the reasonable judgment of the Director of Community Development based on the
information submitted pursuant to Section 17.54.060 of this chapter. Included as part of the
necessary requirements for an administrative collocation, is the requirement that the proposed
collocation satisfies all modifications or conditions required for collocation with the corresponding
administrative collocation as defined herein.
17.54.100 – Eligible Facilities Requests.
For installations on private property that relate to collocations, removal or replacement of
transition equipment or hardening through structural enhancements that do not result in a
substantial change and that qualify as an eligible facilities requests, shall be governed by
definitions and provisions of Chapter 12.54 "Wireless Telecommunications Facilities in the Public
Right -of -Way". However, an Eligible Facilities Requests on private property shall be subject to an
Administrative Wireless Facility Permit and related review and approval process contained in this
chapter.
17.54.110 - Appeal—Discretionary Wireless Facility Permits.
Unless otherwise stated this chapter, if an applicant, or any interested party, is dissatisfied with
any denial, approval or conditioned approval of a Discretionary Wireless Facility Permit under
this chapter, the applicant or interested party may appeal the matter to the City Council by filing
an appeal in accordance with the procedures established in Section 17.160.050 of this title. In
reviewing the matter on appeal, the City Council shall be required to make the same findings for
any denial or approval as would otherwise be required of the Planning Commission.
17.54.120 - Appeal—Administrative Wireless Permits.
If an applicant contends that a request for an Administrative Wireless Permit was denied or referred
to the Planning Commission by the Director of Community Development in error, the applicant
may appeal the matter to the City Manager by filing an appeal with the City Clerk. Such appeal
must be filed within ten (10) calendar days following the Director of Community Development
issuance of notice that a requested collocation fails to qualify as an Administrative Wireless Permit
or fails to satisfy any other applicable requirements for approval under this chapter. In reviewing
17
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
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
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
I . Any and all accessory equipment shall be located within a building, an enclosure, or
underground vault in a manner that complies with the development standards of the
zoning district in which the equipment is located.
2. If located above ground, accessory equipment shall be screened, camouflaged and/or
concealed in a manner that is aesthetically and visually compatible with the architecture
and design of surrounding buildings, structures and landscaping and in a manner that
hides such equipment from public view or otherwise camouflages and conceals its
presence.
3. If accessory equipment is located outdoors and is in public view, the approving body,
where it deems appropriate, may require the applicant to provide a solid masonry block
wall, or such other aesthetically compatible material acceptable to the Director of
Community Development that will screen such equipment from view.
F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other
than certification, warning, or other required seals or signage. Nothing in this subsection shall
prohibit the City from approving a stealth facility which is camouflaged and disguised as a
freestanding sign.
G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety
measure by Federal Aviation Administration (FAA), or other government agencies with
superseding jurisdiction over lighting issues. If lighting is required, the lighting shall be
designed to minimize glare and light overflow onto neighboring properties.
17.54.140 - Design standards.
The design of wireless facilities, wireless transmission devices and related support structures and
accessory equipment shall be subject to the following design standards:
A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest
extent ' feasible considering technological requirements, placement, screening,
camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth
design. If no stealth technology or stealth design is proposed, the applicant shall provide
a detailed written analysis identifying those factors and conditions which make the use of
stealth technologies and/or stealth designs infeasible, and explaining why such
technologies or designs are infeasible. In addition, camouflage techniques including the
use of landscaping or other elements to obscure, conceal or minimize the appearance of
the wireless facility shall be utilized as appropriate.
B. All proposals shall use the shortest, smallest, least visible wireless transmission devices,
support structures, and accessory equipment necessary to accomplish the applicant's
service objectives.
C. All exterior finishes shall be comprised of non -reflective, glare -reducing materials, and
shall be painted, screened, or camouflaged to blend aesthetically with the materials and
colors of surrounding buildings or structures. Colors chosen shall minimize visibility and
match or blend with the primary background.
D. All proposed wireless facilities shall be of a kind that will permit collocation by other
wireless service providers.
E. Proposals shall minimize and be resistant to opportunities for unauthorized access,
climbing, vandalism, graffiti, and other activities, which would result in hazardous
conditions, visual blight, or an attractive nuisance.
21
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
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
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, tom, 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
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
F4b:
contemplated under Section 17.54.220, below. After one hundred eighty (180) calendar days
of inoperability or nonuse, the Building Official shall issue notice to the wireless service
provider and the owner of the real property parcel that the wireless facility or wireless
transmission device must be completely dismantled and removed within sixty (60) calendar
days.
E. Responsibility for Dismantling and Removal. The dismantling and physical removal of
wireless facilities, wireless transmission devices, support structures, and/or accessory
equipment shall be the joint and several responsibility of the wireless service provider and the
owner of the real property parcel upon which the wireless facility or wireless transmission
device is sited.
F. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission
device is not dismantled and physically removed within any time period required under this
section, the same shall be deemed a public nuisance and any unexpired permit or authorization
to use, operate and/or maintain the wireless facility or the wireless transmission device may
be revoked in accordance with Section 17.54.230 of this chapter.
G. Performance and Removal Bond — If the abandoned, inoperative or unused wireless facility is
not removed in the time periods provided for in this section, the City of Rosemead may act on
the bond submitted to cover all costs incurred for the removal of the wireless facility.
17.54.220 - Transfer of operation.
Any wireless service provider who owns or leases a wireless facility or who leases space for the
placement of an individual wireless transmission device upon a support structure or alternative
siting structure may assign its ownership or lease rights to another wireless service provider
licensed by the FCC provided that any such assignment be conditioned upon the following:
A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the
Director of Community Development and the Building Official;
B. The forwarding of the official name and contact information of the prospective assignee; and
C. The assignee's written acknowledgement and assumption of all duties, requirements,
restrictions and responsibilities applicable to the use, operation and maintenance of the subject
wireless facility or subject wireless transmission device as provided under this chapter or
Wireless Facility Permit, or any approval issued under this chapter.
17.54.230 - Revocation.
A. At any time, the Planning Commission or City Council may initiate proceedings to revoke
any Wireless Facility Permit approval issued pursuant to this chapter. Grounds for revocation
include the following findings:
1. The wireless service provider or property owner has abandoned or otherwise ceased its
use of the wireless facility or an individual wireless transmission device; or
2. The wireless service provider or property owner has failed to bring the wireless facility,
an individual wireless transmission device, support structure or accessory equipment into
compliance with the conditions of approval, or the requirements of this chapter, within
any time period provided for in this chapter or within any other extended time period set
forth by the Director of Community Development or the Building Official; or
3. The wireless facility, wireless transmission device, or accessory equipment no longer
complies with applicable health and safety regulations promulgated by the FCC or the
Federal Aviation Administration and the recipient(s)/holder(s) of a Wireless Facility
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
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
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
SECTION 4. Code Amendment. RMC § 17.20.020 is amended to read as follows:
17.20.020 - Commercial and industrial land uses and permit requirements.
Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land allowed
in each such zoning district, and the land use permit required, if any, to establish each use subject
to section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a
section reference number, the regulations in the referenced section apply to the use in addition to
those shown in the table.
Table 17.20.020.1
USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Land Use
Requirements by District
Specific Use
CI -MU M-1
Regulations
Transportation, Communications, and Infrastructure Uses:
Automobile Parking
CUP
CUP
Facilities as principal
use (subterranean and
structures
Heliports and
A/CUP
A/CUP
Helisto s
Telecommunications
P
P
facilities (not
including Wireless
Telecommunication
facilities
Utilities
P
P
Wireless
—
See Article
See Article
Telecommunication
3, Chapter 17.54
3, Chapter 17.54
Facilities
Special Needs Uses, limited to only the following:
Emergency Shelters
—
P
See Article
3, Chapter 17.30
SECTION 5: Code Amendment. RMC § 17.21.020 is amended to read as follows:
17.21.020 - Garvey Avenue Specific Plan Land Uses and Permit Requirements.
Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed
in each such zoning district, and identifies the land use permits required, if any, to establish each
use subject to section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use
9M
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
Iiaec in the Garvev Avenue Snecific Plan District
Allowed Uses Key:
GSP -GSP
- R/C
GSP
GSP –
Specific
OS/P
MU*
Regulations
Public and Civic
Colleges and
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, Chanter
3, Chapter
3, Chanter
3, Chanter
3, Chanter 17.54
17_54
17_54
17.54
17.54
Telecommunication
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
Public Parking,
P
P
Colleges and
Universities
including Parking
P
Community Garden
P
Lots and Structures
Cultural Institutions
CUP
CUP
Private Parking
—
CUP
Facilities for Shared
Use
Government
A
—
Buildings and
Facilities
Wireless
See Article
—
See Article
Telecommunication
3, Chapter 17.54
3, Chapter 17.54
Facilities
Utilities
P
P
SECTION 7: Code Amendment. RMC § 17.28.040.0 is amended to read as follows:
C. Permitted Uses.
1. The following land uses identified in table 17.28.040.1 below apply to individual
properties based on the location and application of the FCMU Overlay zones. For ease of
reference, land uses are grouped based on the general use category. Property owners,
developers, and applicants should refer to the Freeway Corridor Mixed -Use Overlay
document to verify their property's relevant FCMU Overlay zone.
2. The Community Development Director, or designee, may determine that a proposed use
that is not specifically listed in the table below is in keeping with the vision and intent for
the FCMU Overlay and therefore may be allowed if it meets all of the following criteria:
a. The characteristics of and activities associated with the proposed use is similar to one
or more of the permitted uses in the table below, and will not involve substantially
greater intensity than the other uses permitted within the FCMU Overlay;
b. The proposed use will be consistent with the purpose and intent of the FCMU
Overlay;
c. The proposed use will be compatible with the other uses listed for the FCMU
Overlay.
Table 17.28.040.1
FCMU-C FCMU-B NOTES
Public and Civic
Colleges and
Universities
P
Community Garden
P
P
Cultural Institutions
CUP
CUP
Educational
Institution Private
CUP
CUP
32
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, Chanter 17.54
3, Chanter 17.54
3, Chapter 17.54
W-iieless
Telecommutrication
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
PASSED, APPROVED, AND ADOPTED this 12th day of May, 2026.
APPROVED AS TO FORM:
tikL 94ne;n�— -
Rache Hl Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
er%�
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 12th day of May 2026,
by the following vote:
AYES: ARMENTA, CLARK, DANG, LOW, LY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE S�,C
Ericka Hernandez, City Cferk ---
34