Ordinance No. 1033 – Approving the Addition of Chapter 12.54 “Wireless Telecommunication Facilities in the Public Right of Way” for the Purpose of Complying with Federal and State Laws Governing Procedures and Standards Related to Wireless TelecommunicatORDINANCE NO. 1033
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING THE ADDITION OF
CHAPTER 12.54 "WIRELESS TELECOMMUNICATION
FACILITIES IN THE PUBLIC RIGHT OF WAY" FOR THE
PURPOSE OF COMPLYING WITH FEDERAL AND STATE
LAWS GOVERNING PROCEDURES AND STANDARDS
RELATED TO WIRELESS TELECOMMUNICATION
FACILITIES ON PUBLIC PROPERTY
WHEREAS, the City of Rosemead has adopted the Street Permit Ordinance, and adopted the
Master Plan of Streets and Highways of Title 12 of the Rosemead Municipal Code; and
WHEREAS, given changes in Federal and State law, the City Council desires to amend the
Rosemead Municipal Code to allow greater flexibility and responsiveness to Federal and State laws
while still preserving the City's traditional land use authority to the maximum extent allowed for under
the law; and,
WHEREAS, the City Council desires to adopt the proposed ordinance to add Chapter 12.54
to the Rosemead Municipal Code to ensure that the City's public rights of way are protected and
appropriately regulated to reduce impacts associated with wireless installations while ensuring
consistent and expeditious review of requests from wireless carriers in compliance with current
Federal and State law; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following findings and determinations.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Findings. The City Council HEREBY FINDS AND DETERMINES the above
recitals are true and correct and incorporated herein by this reference, and those facts do exist to justify
approving the proposed ordinance.
SECTION 2: Compliance with CEQA. The City Council HEREBY DETERMINES that
the proposed amendment does not authorize any changes to the environment and will have no impacts
to properties in the City or their surrounding environment. This Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 3: Code Amendment. Chapter 12.54 is hereby added to the Rosemead
Municipal Code to read in its entirety as follows:
"Chanter 12.54 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY
12.54.010. PURPOSE.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations
and standards for the permitting, development, siting, installation, design, operation and
maintenance of wireless telecommunications facilities in the City's public right-of-way. These
regulations are intended to prescribe clear and reasonable criteria to assess and process applications
in a consistent and expeditious manner, while reducing the impacts associated with wireless
telecommunications facilities. This chapter provides standards necessary (1) for the preservation
of the public right-of-way ("PROW") in the City for the maximum benefit and use of the public,
(2) to promote and protect public health and safety, community welfare, visual resources and the
aesthetic quality of the City consistent with the goals, objectives and policies of the general plan,
and (3) to provide for the orderly, managed and efficient development of wireless
telecommunications facilities in accordance with the state and federal laws, rules and regulations,
including those regulations of the Federal Communications Commission ("FCC") and California
Public Utilities Commission ("CPUC"), and (4) to ensure that the use and enjoyment of the PROW
is not inconvenienced by the use of the PROW for the placement of wireless facilities. The City
recognizes the importance of wireless facilities to provide high-quality communications service to
the residents and businesses within the City, and the City also recognizes its obligation to comply
with applicable Federal and State laws. This chapter shall be constructed and applied in
consistency with the provisions of state and federal laws, and the rules and regulations of FCC and
CPUC. In the event of any inconsistency between any such laws, rules and regulations and this
chapter, the laws, rules and regulations shall control.
12.54.020. DEFINITIONS.
For the purposes of this Chapter, the terms shall have the meanings as set forth in Chapter 17.54
of this Code and as provided herein:
"Base station" shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.)
Section 1.6100(b)(1), or any successor provision. This means a structure or equipment at a fixed
location that enables FCC -licensed or authorized wireless communications between user
equipment and a communications network (regardless of the technological configuration and
encompassing small wireless facilities). "Base station" does not encompass a tower or any
equipment associated with a tower. Base station includes, without limitation:
Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as wireless services not licensed by
the FCC and fixed wireless services such as microwave backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration
(including small wireless facilities).
3. Any structure other than a tower that, at the time the relevant application is filed
with the City under this chapter, supports or houses equipment described in
paragraphs 1 and 2 of this definition that has been reviewed and approved under
the applicable zoning or siting process, or under another state or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing that support.
4. `Base station" does not include any structure that, at the time the relevant
application is filed under this chapter, does not support or house equipment
described in paragraphs 1 and 2 of this definition. Other structures that do not host
wireless telecommunications facilities are not "base stations."
As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure
that actually supports wireless equipment even though it was not originally intended for that
purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility
poles, light standards or traffic signals. A structure without wireless equipment replaced with a
new structure designed to bear the additional weight from wireless equipment constitutes a base
station.
"Code" means the Rosemead Municipal Code.
"Collocation" bears the following meanings:
1. For the purposes of any eligible facilities request, the same as defined by the FCC
in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he
mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes." and
2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as may
be amended, which defines that term as (1) Mounting or installing an antenna
facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose
of mounting or installing an antenna facility on that structure.
"Director of Public Works" means the Director of Public Works, or their designee.
"Eligible facilities request" means any request for modification to an existing eligible support
structure that does not substantially change the physical dimensions of such structure, involving:
Collocation of new transmission equipment which does not result in a substantial
change;
2. Removal of transmission equipment;
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3. Replacement of transmission equipment that does not result in a substantial change
(replacement does not include completely replacing the underlying support
structure); or
4. Hardening through structural enhancement where such hardening is necessary to
accomplish the eligible facilities request but does not include replacement of the
underlying support structure.
"Eligible facilities request" does not include modifications or replacements when an
eligible support structure was constructed or deployed without proper local review, was not
required to undergo local review, involves equipment that was not properly approved, or
was not constructed or installed in compliance with the approved plans. "Eligible facilities
request" does include collocation facilities satisfying all the requirements for a
administrative collocation (defined at 17.54.020)pursuant to Government Code Section
65850.6.
"Eligible support structure" means any support structure located in the PROW that is existing at
the time the relevant application is filed with the City under this chapter provided said support
structure has been installed and placed in the PROW pursuant to a City approved permit or other
legal authorization or right to be installed and maintained in the PROW.
"Existing" means a support structure, wireless telecommunications facility, or accessory
equipment that has been reviewed and approved under the City's applicable zoning or siting
process, or under another applicable state or local regulatory review process and lawfully
constructed prior to the time the relevant application is filed under this chapter. However, a support
structure, wireless telecommunications facility, or accessory equipment that has not been reviewed
and approved because it was not in a zoned area when it was built, but was lawfully constructed,
is "existing" for purposes of this chapter. "Existing" does not apply to any structure that (1) was
illegally constructed without all proper local agency approvals, or (2) was constructed in
noncompliance with such approvals. "Existing" does not apply where an existing support structure
is proposed to be replaced in furtherance of the proposed wireless telecommunications facility.
"Facility(ies)" means wireless telecommunications facility(ies).
"Ground -mounted" means mounted to a pole, tower or other freestanding structure which is
specifically constructed for the purpose of supporting an antenna or wireless telecommunications
facility and placed directly on the ground at grade level.
"Located within (or in) the public right-of-way" includes any facility which in whole or in part,
itself or as part of another structure, rests upon, in, over or under the PROW.
"Modification" means a change to an existing wireless telecommunications facility that involves
any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or
augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior
material. "Modification" does not include repair, or maintenance if those actions do not involve
whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of
an existing wireless telecommunications facility.
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"Mounted" means attached or supported.
"Permittee" means any person or entity granted a WTP pursuant to this chapter.
"Personal wireless services" shall have the same meaning as set forth in 47 United States Code
(USC) Section 332(c)(7)(C)(i).
"Pole" means a single shaft of wood, steel, concrete or other material capable of supporting the
equipment mounted thereon in a safe and adequate manner and as required by provisions of this
code.
"Public right-of-way" or "PROW" means a strip of land acquired by reservation, dedication,
prescription, condemnation, or easement that allows for the passage of people, vehicles and goods.
The PROW includes, but is not necessarily limited to, streets, curbs, gutters, parkways, sidewalks,
roadway and medians. The PROW does not include land owned, controlled or operated by the City
for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks,
City hall and community center lands, City yards, and lands supporting reservoirs, water towers,
police or fire facilities.
"Replacement" refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where the replacement structure will
be of like -for -like kind to resemble the appearance and dimensions of the structure or equipment
replaced, including size, height, color, landscaping, materials and style.
1. In the context of determining whether an application qualifies as an eligible
facilities request, the term "replacement" relates only to the replacement of
transmission equipment and does not include replacing the support structure on
which the equipment is located.
2. In the context of determining whether a S WF application qualifies as being placed
upon a new eligible support structure or qualifies as a collocation, an application
proposing the "replacement" of the underlying support structure qualifies as a new
pole proposal.
"RF" means radio frequency.
"Spectrum Act" means the Middle Class Tax Relief Act and Job Creation Act of 2012 including
Section 6409 codified at 47 U.S.C. §1455(a).
"Substantial change" has the same meaning as "substantial change" as defined by the FCC at 47
C.F.R. 1.6100(b)(7). If undergrounding the cabinet is technologically infeasible such that it is
materially inhibitive to the project, the Director of Public Works may allow for a ground mounted
cabinet. A modification or collocation results is a "substantial change" to the physical dimensions
of an eligible support structure if it does any of the following:
It increases the height of the structure by more than 10% or more than ten feet,
whichever is greater;
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2. It involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
3. It involves installation of any new equipment cabinets on the ground if there are no
pre-existing ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site. However, if an
existing pole -mounted cabinet is proposed to be replaced with an underground
cabinet at a facility where there are no pre-existing ground cabinets associated with
the structure, such modification may be deemed a non- substantial change, in the
discretion of the Director of Public Works and based upon their reasonable
consideration of the cabinet's proximity to residential structures, residential view
sheds, interference to public views and/or degradation of concealment elements;
It defeats the concealment or stealthing elements of the eligible support structure;
or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure, provided however
that this limitation does not apply to any modification that is non-compliant only in
a manner that would not exceed the thresholds identified in paragraphs 1 through 4
of this definition.
"Support structure" means a tower, pole, base station or other structure used to support a wireless
telecommunications facility.
"SWT" means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(1) as may be
amended, which are personal wireless services facilities that meet all the following conditions that,
solely for convenience, have been set forth below:
The facility:
a. Is mounted on an existing or proposed structure 50 feet or less in height,
including antennas, as defined in Title 47 C.F.R. Section 1.1320(d); or
b. Is mounted on an existing or proposed structure no more than 10 percent
taller than other adjacent structures, or
C. Does not extend an existing structure on which it is located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)),
is no more than three cubic feet in volume;
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3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment
on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 C.F.R. Part 17;
5. The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section
800.16(x); and
6. The facility does not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in Title 47 C.F.R. Section 1.1307(b).
"SWT Regulations" means those regulations applicable to small wireless facilities detailed in the
Rosemead Wireless Telecommunications Facilities Guidelines.
"Telecommunications tower" or "tower" bears the meaning ascribed to wireless towers by the FCC
in 47 C.F.R. § 1.61000(b)(9), including without limitation a freestanding mast, pole, monopole,
guyed tower, lattice tower, free standing tower or other structure designed and built for the sole or
primary purpose of supporting any FCC -licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site. This
definition does not include utility poles.
"Transmission equipment" bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R.
§ 1.61000(b)(8), including equipment that facilitates transmission for any FCC -licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
"Utility pole" means any pole or similar structure owned by any utility company that is primarily
used to support wires or cables necessary to the provision of electrical or other utility services
regulated by the California Public Utilities Commission. A telecommunications tower is not a
utility pole.
"Wireless telecommunications facility" means equipment and network components such as
antennas, accessory equipment, support structures, and emergency power systems that are integral
to providing wireless services. Exceptions: The term "wireless telecommunications facility" does
not apply to the following:
1. Government-owned and operated telecommunications facilities.
2. Emergency medical care provider -owned and operated telecommunications
facilities.
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3. Mobile services providing public information coverage of news events of a
temporary nature.
4. Any wireless telecommunications facilities exempted from this code by federal law
or state law.
"WTP" means a "wireless telecommunications facility permit" required by this chapter, including
a Discretionary WTP or an Administrative WTP.
12.54.030. APPLICABILITY.
This chapter applies to the siting, construction or modification of any and all wireless
telecommunications facilities proposed to be located in the public right-of-way as follows:
A. Pre-existing Facilities in the PROW. Nothing in this chapter shall validate any existing
illegal or unpermitted wireless facilities. All illegal or unpermitted wireless facilities shall
comply with this chapter and obtain a WTP, when applicable, to be considered legal and
conforming.
B. The processing or design requirements of this chapter including the S WF Regulations are
further detailed in the Rosemead Wireless Telecommunications Facilities Guidelines. The
Guidelines may be prepared and amended as needed by the Director of Community
Development or Director of Public Works in order to keep pace with changing state or
federal law and technology. All wireless facilities shall comply with the regulations,
procedures, and design guidelines contained within the Rosemead Wireless
Telecommunications Facilities Guidelines. In the event of a conflict between this Code and
the Rosemead Wireless Telecommunications Facilities Guidelines, the Guidelines shall
prevail. In the event that the Guidelines are amended, a copy of any changes made to the
Guidelines shall be provided in a report to City Council.
C. This chapter does not apply to the following:
Wireless facilities owned and operated by the City for its use or for public safety
purposes;
2. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of state
or federal law, or franchise agreement, are preemptive of the terms of this chapter,
then the terms of this chapter shall be severable to the extent of such preemption
and all remaining regulations shall remain in full force and effect.
D. Public use. Except as otherwise provided by state or federal law, any use of the PROW
authorized pursuant to this chapter will be subordinate to the City's use and use by the
public.
12.54.040. WIRELESS TELECOMMUNICATIONS FACILITY PERMIT
REQUIREMENTS.
A. Administration. The Director of Public Works is responsible for administering this chapter.
As part of the administration of this chapter, the Director of Public Works may:
1. Interpret the provisions of this chapter;
2. Develop and implement standards governing the placement, appearance and
modification of wireless telecommunications facilities consistent with the
requirements of this chapter, including regulations governing collocation and
resolution of conflicting applications for placement of wireless facilities;
3. Develop and implement acceptable design, location and development standards for
wireless telecommunications facilities in the PROW, taking into account the zoning
districts bounding the PROW;
4. Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this chapter;
Collect, as a condition of the completeness of any application, any fee established
by this chapter;
6. Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal and state
laws and regulations;
7. Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should
be issued;
8. Require, as part of, and as a condition of completeness of any application, that an
applicant send notice to members of the public that may be affected by the
placement or modification of the wireless facility and proposed changes to any
support structure per City requirements for approvals and/or permits related to
installations in the PROW;
9. As provided herein, determine whether to approve, approve subject to conditions,
or deny an application; and
10. Take such other steps as may be required to act upon applications for placement of
wireless telecommunications facilities, including issuing written decisions and
entering into agreements to mutually extend the time for action on an application.
B. Administrative Wireless Telecommunications Permits ("Administrative WTP").
An Administrative WTP, subject to the Director of Public Works's approval, may
be issued for wireless telecommunications facilities, collocations, or modifications
to an eligible support structure that meet the following criteria:
a. The proposal is determined to be for a SWF; or
b. The proposal is determined to be an eligible facilities request; or
C. Both.
2. In the event that the Director of Public Works determines that any application
submitted for an Administrative WTP does not meet the administrative permit
criteria of this chapter, the Director of Public Works shall convert the application to
a Discretionary WTP.
C. Discretionary Wireless Telecommunications Permit ("Discretionary WTP"). All other
proposed wireless telecommunications facilities or replacements, collocations, or
modifications to a wireless telecommunications facility that are not qualified for an
Administrative WTP shall be subject to the requirements outlined in the Code for Wireless
Telecommunications Facilities in chapter 17.54, with chapter 12.54 prevailing.
D. Special Provisions for SWFs; SWF Regulations. Notwithstanding any other provision of
this chapter as provided herein, all SWFs are subject to a permit as specified in the SWF
Regulations, as are adopted by City Council resolution. All SWFs shall comply with the
SWF Regulations, as they may be amended from time to time.
The SWF Regulations are intended to be constructed in consistency with, and
addition to, the terms and provisions of this chapter. To the extent general
provisions of this chapter are lawfully applicable to SWFs, such terms shall apply
unless in contradiction to more specific terms set forth in the SWF Regulations, in
which case the more specific terms of the SWF Regulations shall control.
E. Other Permits Required. In addition to any permit that may be required under this chapter,
the applicant must obtain all other required prior permits or other approvals from other City
departments, or state or federal agencies. Any permit granted under this chapter is subject
to the conditions and/or requirements of other required prior permits or other approvals
from other City departments, state or federal agencies. Building and encroachment permits,
and all City standards and requirements therefor, are applicable.
Eligible Applicants. Only applicants who have been granted the right to enter the PROW
pursuant to state or federal law, or who have entered into a franchise agreement with the
City permitting them to use the PROW, shall be eligible for a WTP pursuant to this chapter.
12.54.050. APPLICATION FOR WIRELESS TELECOMMUNICATIONS FACILITY
PERMITS.
A. Generally. The applicant shall submit a paper copy and an electronic copy of any
application, amendments, or supplements to a WTP application, or responses to requests
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for information or notice of incomplete regarding an WTP, in accordance with the
provisions of this section. SWF applications shall be governed by any additional terms set
forth in the SWF Regulations, and in the event of an inconsistency between the provisions
of this Section and the terms of the S WF Regulations, the Regulations shall control.
1. All applications for WTPs shall be initially submitted to the City along with the
information required for an encroachment permit or any other permit required by
this Code. Each applicant shall fully and completely submit to the City a written
application on a form prepared by the Director of Public Works.
2. Application Submittal Appointment. It is recommended that all WTP applications
must be submitted to the Director of Public Works at a pre -scheduled application
submission appointment. City staff will endeavor to provide applicants with an
appointment within five business days after receipt of a written request.
3. If the wireless telecommunications facility will also require the installation of fiber,
cable or coaxial cable, such cable installations shall be included within the
application form and processed in conjunction with the proposal for vertical support
structure(s). Applicants shall simultaneously request fiber installation or other cable
installation when seeking to install antennas in the PROW. Standalone applications
for the installation of fiber, cable or coaxial cable, or accessory equipment designed
to serve an antenna must include all features of the wireless telecommunications
facility proposed. Installation of fiber, cable or coaxial cable, such as cable
installations that are not affiliated with a vertical support structure do not qualify as
a WTP and shall be subject to the requirements, policies and procedures established
by the City.
B. Application Contents—Administrative WTPs. The content of the application form for
facilities subject to an Administrative WTP shall be determined by the Director of Public
Works, but at a minimum shall include the following:
1. The name of the applicant, its telephone number and contact information, and if the
applicant is a wireless infrastructure provider, the name and contact information for
the wireless service provider that will be using the wireless facility.
2. The name of the owner of the structure, if different from the applicant, and a signed
and notarized letter demonstrating the owner's authorization for use of the structure
or a copy of the lease or other agreement between the applicant and the owner of
the structure.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner's authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
4. A complete description of the proposed wireless telecommunications facility and
any and all work that will be required to install or modify it, including, but not
limited to, detail regarding proposed excavations, if any; detailed site plans showing
the location of the wireless telecommunications facility including all utility
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equipment, and dimensioned drawings with specifications for each element of the
wireless facility, clearly describing the site and all structures and facilities at the
site before and after installation or modification; and a dimensioned map
identifying and describing the distance to the nearest residential dwelling unit and
any historical structure within 500 feet of the facility. And photo simulations must
be provided depicting the proposed location before and after the proposed
installation taken from four different angles (e.g. north, south, east and west views).
Detailed engineering plans of the proposed wireless telecommunications facility
and related report prepared by a professional engineer registered in the state
documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
demonstrates that the proposed facility has been designed to be the least
intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with this Code.
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
C. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving the
carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for
the subject carrier, indicating the number and types of antennas and power
and frequency ranges, which can be accommodated.
e. Sufficient evidence of the structural integrity of the support structure as
required by the City.
6. Costs. Reasonable costs of City staff, consultant and attorney time (including that
of the City Attorney) pertaining to the review, processing, and procedures directly
attributable to a WTP shall be reimbursable to the City.
Documentation sufficient to show that the proposed facility will comply with
generally applicable health and safety provisions of the Code and the FCC's radio
frequency emissions standards.
If the application is for a SWF, the application shall state as such and shall explain
why the proposed facility meets the definition of a SWF. And the application must
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contain all additional application information, if any, required by the SWF
Regulations.
9. If the application is for an eligible facilities request, the application shall state as
such and must contain information sufficient to show that the application qualifies
as an eligible facilities request, which information must demonstrate that the
eligible support structure was not constructed or deployed without proper local
review, was not required to undergo local review, or involves equipment that was
not properly approved or installed in compliance with City approved plans. This
shall include copies of all applicable local permits in- effect and as -built drawings
of the current site.
10. If the applicant contends that denial of the application would prohibit or effectively
prohibit the provision of service in violation of federal law, or otherwise violate
applicable law, the application must provide all information on which the applicant
relies on in support of that claim.
C. Application Contents—Discretionary WTPs. The Director of Public Works shall develop
an application form and make it available to applicants upon request and post the
application form on the City's website. The application form for a Discretionary WTP shall
require the following information, in addition to all other information determined necessary
by the Director of Public Works:
The name, address and telephone number of the applicant, owner and the operator
of the proposed wireless telecommunication facility.
2. If the applicant does not, or will not, own the support structure, the applicant shall
provide a duly executed letter of authorization from the owner of the structure. If
the owner of the support structure is the applicant, but such owner/applicant will
not directly provide wireless services, the owner/applicant shall provide a duly -
executed letter of authorization from the person(s) or entity(ies) that will provide
those services.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner's authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
4. A full written description of the proposed wireless telecommunications facility and
its purpose.
5. Detailed engineering plans of the proposed wireless telecommunications facility
and related report prepared by a professional engineer registered in the state
documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
demonstrates that the proposed facility has been designed to be the least
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intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with all design and safety requirements set forth in this
chapter.
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
C. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving the
carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for
the subject carrier, indicating the number and types of antennas and power
and frequency ranges, which can be accommodated.
e. Sufficient evidence of the structural integrity of the support structure as
required by the City.
6. A written description identifying the geographic service area to be served by the
proposed WTP, plus geographic or propagation maps showing applicant's service
area objectives.
7. A justification study which includes the rationale for selecting the proposed
wireless telecommunication facility design, support structure and location. A
detailed explanation of the applicant's coverage objectives that the proposal would
serve, and how the proposed use is the least intrusive means for the applicant to
cover such objectives. This shall include:
a. A meaningful comparative analysis that includes the factual reasons why
the proposed location and design deviates is the least noncompliant or
intrusive location and design necessary to reasonably achieve the
applicant's reasonable objectives of covering an established significant gap
(as established under state and federal law).
b. Said study shall include all eligible support structures and/or alternative
sites evaluated for the proposed WTP, and why said alternatives are not
reasonably available, technically feasible options that most closely conform
to the local values. The alternative site analysis must include the
consideration of at least two eligible support structures; or, if no eligible
support facilities are analyzed as alternatives, why no eligible support
facilities are reasonably available or technically feasible.
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8. A completed environmental assessment application, or in the alternative any and all
documentation identifying the proposed WTP as exempt from environmental
review (under the California Environmental Quality Act, Public Resources Code
21000-21189, the National Environmental Policy Act, 42 U.S.C. §4321 et seq., or
related environmental laws). Notwithstanding any determination of environmental
exemption issued by another governmental entity, the City reserves its right to
exercise its rights as a responsible agency to review de novo the environmental
impacts of any WTP application.
9. An accurate visual impact analysis showing the maximum silhouette, view -shed
analysis, color and finish palette and proposed screening for the wireless
telecommunications facility, including scaled photo simulations from at least 4
different angles (e.g. north, south, east, west).
10. Documentation sufficient to show that the proposed facility will comply with
generally applicable health and safety provisions of the Code and the FCC's radio
frequency emissions standards.
11. Copies of any documents that the applicant is required to file pursuant to Federal
Aviation Administration regulations for the proposed wireless telecommunications
facility.
12. A noise study prepared by a qualified acoustic engineer documenting that the level
of noise to be emitted by the proposed wireless telecommunications facility will
comply with this code, including Chapter 8.36 (Noise Control) of this Code.
13. A traffic control plan when applicable. The City shall have the discretion to require
a traffic control plan when the applicant seeks to use large equipment (e.g. crane)
as approved by the Director of Public Works.
14. If required by the City, a scaled conceptual landscape plan showing existing trees
and vegetation and all proposed landscaping, concealment, screening and proposed
irrigation with a discussion of how the chosen material at maturity will screen the
wireless telecommunication facility.
15. Certification that applicant is a telephone corporation or a statement providing the
basis for its claimed right to enter the right-of-way. If the applicant has a certificate
of public convenience and necessity (CPCN) issued by the California Public
Utilities Commission, it shall provide a copy of its CPCN.
16. Evidence that the proposed wireless telecommunications facility qualifies as a
"personal wireless services facility" as defined in United States Code, Title 47,
Section 332(c)(7)(C)(ii).
17. Any other information and/or studies reasonably determined to be necessary by the
Director of Public Works may be required.
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D. Fees and Deposits Submitted with Application(s). For all WTPs, application fee(s) shall be
required to be submitted with any application, as established by City Council resolution
and in accordance with California Government Code Section 50030. Notwithstanding the
foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a
WTP unless paid as a refundable deposit.
E. Independent Expert. The Director of Public Works, is authorized to retain on behalf of the
City one or more independent, qualified consultant(s) to review any WTP application. The
review is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall include, but not limited to, application completeness
or accuracy, structural engineering analysis, or compliance with FCC radio frequency
emissions standards.
F. Costs. Reasonable costs of City staff, consultant and attorney time (including that of the
City Attorney) pertaining to the review, processing, and procedures directly attributable to
a WTP shall be reimbursable to the City.
G. Effect of State or Federal Law on Application Process. In the event a state or federal law
prohibits the collection of any information or application conditions required by this
Section, the Director of Public Works is authorized to omit, modify or add to that request
from the City's application form. Requests for waivers from any application requirement
of this Section shall be made in writing to the Director of Public Works. The Director of
Public Works may grant a request for waiver if it is demonstrated that, notwithstanding the
issuance of a waiver, the City will be provided all information necessary to understand the
nature of the construction or other activity to be conducted pursuant to the WTP sought.
All waivers approved pursuant to this Subsection shall be (1) granted only on a case-by-
case basis, and (2) narrowly tailored to minimize deviation from the requirements of the
Code.
H. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any
application governed under this chapter will be automatically deemed withdrawn by the
applicant when the applicant fails to tender a substantive response to the City on any
application within thirty (30) calendar days after the application is deemed incomplete in a
written notice to the applicant. The Director of Public Works may, in their discretion, grant
a written extension for up to an additional thirty (30) calendar days when the applicant
submits a written request prior to the 60th day, after the date of the notice of incomplete,
that shows good cause to grant the extension.
I. Waiver of Applications Superseded by Submission of New Project. If an applicant submits
a WTP application, but substantially revises the proposed facility during the application
process prior to any decision on such application, the substantially revised application shall
be deemed a new application for all processing purposes, including federal shot clocks, and
the prior submittals deemed waived and superseded by the substantially revised
application. For purposes of this subparagraph, "substantially revised" means that the
project as initially proposed has been alternately proposed for a location 200 feet or more
from the original proposal and within the same street classification or constitutes a
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substantial change in the dimensions or equipment that was proposed in the original WTP
application.
Rejection for Incompleteness. WTPs will be processed, and notices of incompleteness
provided, in conformity with state, local, and federal law. If such an application is
incomplete, it may be rejected or denied by the Director of Public Works by notifying the
applicant in writing and specifying the material omitted from the application.
12.54.060. REVIEW PROCEDURE.
A. Generally. Wireless telecommunications facilities shall be installed and modified in a
manner that minimizes risks to public safety and utilizes installation of new support
structures or equipment cabinets in the PROW only after all existing and replacement
structure options have been exhausted, and where feasible, places equipment underground,
and otherwise maintains the integrity and character of the neighborhoods and corridors in
which the facilities are located; ensures that installations are subject to periodic review to
minimize the intrusion on the PROW, and ensures that the City bears no risk or liability as
a result of the installations, and that such use does not inconvenience the public, interfere
with the primary uses of the PROW, or hinder the ability of the City or other government
agencies to improve, modify, relocate, abandon, or vacate the PROW or any portion
thereof, or to cause the improvement, modification, relocation, vacation, or abandonment
of facilities in the PROW.
B. Findings Required for Approval.
Administrative WTP Applications for SWFs. For WTP applications proposing a
SWF, the Director of Public Works, as the case may be, shall approve such
application if, on the basis of the application and other materials or evidence
provided in review thereof, all of the following findings can be made:
a. The facility qualifies as a SWF; and
b. The facility meets applicable requirements and standards of State and
Federal law.
C. The facility meets all standards, requirements and further findings as may
be specified in the SWF Regulations; and
d. The facility is not detrimental to the public health, safety, and welfare; and
2. Administrative WTP Applications for Eligible Facility Requests. For WTP
applications proposing an eligible facilities request, the Director of Public Works
shall approve such application if, on the basis of the application and other materials
or evidence provided in review thereof, all of the following findings can be made:
a. That the application qualifies as an eligible facilities request; and
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b. That the proposed facility will comply with all generally applicable laws
including all health and safety codes.
3. Discretionary WTP Applications. No Discretionary WTP shall be granted unless
all of the following findings are made by the applicable decision -maker:
a. If applicable, all notices required for the proposed WTP have been given,
including the inclusion or placement on-site, of photo simulations for the
proposed facility.
b. The proposed wireless telecommunications facility has been designed and
located in compliance with all applicable provisions of this chapter.
C. If applicable, the applicant has demonstrated its inability to locate on an
eligible support structure.
d. The applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter the public right-of-way pursuant to state
or federal law, or the applicant has entered into a franchise agreement with
the City permitting them to use the public right-of-way.
e. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible,
supported by factual evidence and a meaningful comparative analysis to
show that all alternative locations and designs identified in the application
review process were technically infeasible or not reasonably available.
C. Notice; Decisions. The provisions in this Section describe the procedures for the approval
process of a WTP application.
Administrative WTPs: WTP applications shall not require notice.
2. Discretionary WTPs Applications shall not require notice.
Written Decision Required for All WTP Determinations. Unless otherwise
specified for SWFs in the SWF Regulations, all final decisions made pursuant to
this chapter, including those for administratively processed permits and eligible
facilities requests, shall be in writing and based on substantial evidence in the
written administrative record. Within five (5) days after any decision to approve,
deny or conditionally approve a WTP application, the Director of Public Works,
shall provide written notice to the applicant which shall include the following:
a. A description of the property involved;
b. A general explanation of the decision, including the findings required for
the decision, if any, and how those findings were supported or not supported
by substantial evidence;
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C. Information about applicable rights to appeal the decision and explanation
of how that right may be exercised for Discretionary WTP Applications;
and
d. To be given to:
(i) The project applicant and property owner, and
(ii) Any person who has filed a written request with the City to receive
such notice.
4. Once a WTP is approved, no changes shall be made to the approved plans without
review and approval in accordance with this chapter.
D. Appeals.
The administrative decision of Administrative WTPs shall be final.
2. Appeals of decisions related to Discretionary WTPs shall proceed as follows:
If an applicant contends that a request for a Discretionary WTP was denied in
error, the applicant may appeal the matter to the City Manager by filing
an appeal with the City Clerk. Such appeal must be filed within ten (10) calendar
days following the Director of Public Works issuance of notice that a request fails
to qualify as a Discretionary WTP or fails to satisfy any other applicable
requirements for approval under this chapter. In reviewing the matter in appeal,
the City Manager shall be required to make the same determinations as would
otherwise be required of the Director of Public Works. The decision of the City
Manager shall be final.
E. Notice of Shot Clock Expiration. The City acknowledges there are federal and state shot
clocks which may be applicable to a proposed wireless telecommunications facility. That
is, federal and state law provide time periods in which the City must approve or deny a
proposed wireless telecommunications facility. As such, the applicant is required to provide
the City prior written notice of the expiration of any shot clock, which the applicant shall
ensure is received by the City (e.g. overnight mail) no later than twenty (20) days prior to
the expiration.
12.54.070. DESIGN AND DEVELOPMENT STANDARDS.
A. SWF Design and Development Standards. SWFs are subject to those design and
development standards and conditions of approval set forth in the SWF Regulations. The
City's grant of a WTP for a SWF does not waive, and shall not be construed to waive, any
standing by the City to challenge any FCC orders or rules related to SWF facilities, or any
modification to those FCC orders or rules.
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B. Eligible Facilities Request Design and Development Standards. Approved eligible facilities
requests for which the findings set forth in Section 12.54.060 have been made are subject
to the following conditions, unless modified by the approving authority:
1. WTP subject to conditions of underlying permit. Any WTP granted in response to
an application qualifying as an eligible facilities request shall be subject to the terms
and conditions of the underlying permit and all such conditions that were applicable
to the facility prior to approval of the subject eligible facility request.
2. No permit term extension. The City's grant or grant by operation of law of an
eligible facilities request permit constitutes a federally mandated modification to
the underlying permit or approval for the subject tower or base station.
Notwithstanding any permit duration established in another permit condition, the
City's grant or grant by operation of law of an eligible facilities request permit will
not extend the permit term for the underlying permit or any other underlying
regulatory approval, and its term shall have the same term as the underlying permit
or other regulatory approval for the subject tower or base station.
3. No waiver of standing. The City's approval or approval by operation of law of an
eligible facilities request does not waive, and shall not be construed to waive, any
standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC
rules that interpret Section 6409(a) of the Spectrum Act, or any modification to
Section 6409(a) of the Spectrum Act.
C. Discretionary WTP Design and Development Standards. All wireless telecommunications
facilities subject to a Discretionary WTP that are located within the PROW shall be
designed and maintained as to minimize visual, noise and other impacts on the surrounding
community and shall be planned, designed, located, and erected in accordance with the
following standards:
1. General Guidelines.
a. The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as
visually screened as possible, to prevent the facility from dominating the
surrounding area and to minimize significant view impacts from
surrounding properties and public views, all in a manner that achieves
compatibility with the community and in compliance with this code.
b. Screening shall be designed to be architecturally compatible and
harmonious with surrounding structures using appropriate techniques to
camouflage, disguise, and/or blend into the environment, including
landscaping, color, and other techniques to minimize the facility's visual
impact as well as be compatible with the architectural character of the
surrounding buildings or structures and landscaping in terms of color, size,
proportion, style, and quality.
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C. Wireless telecommunications facilities shall be located consistent with
Section 12.54.080 (Location Restrictions) unless an exception is granted.
2. Safety. All facilities shall be designed and located in such a manner as to avoid
adverse impacts on the public including traffic and/or pedestrian safety.
Blending Methods. All facilities shall have subdued colors and non -reflective
materials that blend with the materials and colors of the surrounding area,
infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of
wireless services that is technically feasible. Antenna elements shall be flush
mounted, to the extent feasible, with all cables and wires clipped -up, concealed or
otherwise out of public view. There shall be no exposed wiring unless approved in
advance by the Director of Public Works.
5. Support Structures.
a. Pole -Mounted Only. Only pole -mounted antennas (excepting wooden
utility poles per subparagraph 5.b below) shall be permitted in the public
right -of- way. Mountings to all other forms of support structure in the public
right- of -way are prohibited unless an exception pursuant to Section
12.54.080 is granted.
b. Utility Poles. The maximum height of any antenna shall not exceed forty-
eight (48) inches above the height of an existing utility pole, nor shall any
portion of the antenna or equipment mounted on a pole be less than twenty-
four (24) feet above any drivable road surface. All installations on utility
poles shall fully comply with the California Public Utilities Commission
general orders, including, but not limited to, General Order 95, as may be
revised or superseded.
C. Light Poles. The maximum height of any antenna shall not exceed forty-
eight (48) inches above the existing height of a light pole. Any portion of
the antenna or equipment mounted on a pole shall be no less than sixteen
and one-half (161/2) feet above any drivable road surface.
d. Replacement Poles. If an applicant proposes to replace a pole that is an
eligible support structure to accommodate the proposed facility, the
replacement pole shall be designed to resemble the appearance and
dimensions of existing poles near the proposed location, including size,
height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four (4) cubic
feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or
regulations.
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g. An exception pursuant to Section 12.54.080 shall be required to erect any
new support structure (non -eligible support structure) that is not the
replacement of an existing eligible support structure.
h. As applicable to all new support structures (non -eligible support structures),
regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing
support structures of the same type in the right-of-way near that
location, including size, height, color, materials and style, with the
exception of any existing structural designs that are scheduled to be
removed and not replaced.
Such new support structures shall not adversely impact public view
corridors and shall be located to the extent feasible in an area where
there is existing natural or other feature that obscures the view of the
new support structure. The applicant shall further employ
concealment techniques to blend the new support structure with said
features including but not limited to the addition of vegetation if
feasible.
(iii) A justification analysis shall be submitted for all new support
structures that are not replacements to demonstrate why an eligible
support facility cannot be utilized and demonstrating the new
structure is the least intrusive means possible, including a
demonstration that the new structure is designed to be the minimum
functional height and width required to support the proposed
wireless telecommunications facility.
i. All cables, including, but not limited to, electrical and utility cables, shall
be run within the interior of the support structure and shall be camouflaged
or hidden to the fullest extent feasible. For all support structures wherein
interior installation is infeasible, conduit and cables attached to the exterior
shall be mounted flush thereto and painted to match the structure.
6. Space. Each facility shall be designed to occupy the least amount of space in the
right-of-way that is technically feasible.
7. Wind Loads. Each facility shall be properly engineered to withstand wind loads as
required by this code or any duly adopted or incorporated code. An evaluation of
high wind load capacity shall include the impact of modification of an existing
facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause
any physical or visual obstruction to pedestrian or vehicular traffic, incommode the
public's use of the right-of-way, or cause safety hazards to pedestrians and
motorists.
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9. Public Facilities. A facility shall not be located within any portion of the public
right- of -way interfering with access to a fire hydrant, fire station, fire escape, water
valve, underground vault, valve housing structure, or any other public health or
safety facility.
10. Screening. All ground -mounted facility, pole -mounted equipment, or walls, fences,
landscaping or other screening methods shall be installed at least 18 inches from
the curb and gutter flow line.
11. Accessory Equipment. All accessory equipment proposed installed shall be the least
intrusive equipment possible. All pole mounted equipment shall not extend past
the diameter of the pole except to the extent technologically required. In the
alternative, the accessory equipment may be located underground.
12. Landscaping. Where appropriate, each facility shall be installed so as to maintain
and enhance existing landscaping on the site, including trees, foliage and shrubs.
13. Modification. Consistent with current state and federal laws and if permissible
under the same, at the time of modification of a wireless telecommunications
facility, existing equipment shall, to the extent feasible, be replaced with equipment
that reduces visual, noise and other impacts, including, but not limited to,
undergrounding the equipment and/or replacing larger, more visually intrusive
facilities with smaller, less visually intrusive facilities.
14. The installation and construction approved by a wireless telecommunications
facility permit shall begin within one year after its approval or it will expire without
further action by the City.
12.54.080. LOCATION RESTRICTIONS; EXCEPTIONS.
A. Location requirements for SWFs.
1. (a) Preface to location requirements. Applications that involve lesser -preferred locations
or structures as described in subsections (A)(2) and (3) of this section may be approved
so long as the applicant demonstrates that either:
(1) No more -preferred locations or structures exist within 250 feet from the
proposed site; or
(2) Any more -preferred locations or structures within 250 feet from the proposed
site would be technically infeasible to achieve the operator's service
objectives, as supported by clear and convincing evidence in the written
record, unless prohibited under this section.
(b) Preferred location requirements shall consist of the following:
(1) Allowable locations for SWFs are on existing or replacement infrastructure
such as streetlights and utility poles.
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(2) When locating in an alley, the SWF shall be placed at a height above the roof
line of adjacent buildings to avoid being placed adjacent to a window.
(3) When choosing locations, choose locations in between occupied buildings
rather than immediately adjacent to occupied buildings, and not adjacent to a
window.
(4) If the SWF is not able to be placed on existing infrastructure, the applicant
shall provide a map of existing infrastructure in the service area and describe
why each such site was not feasible.
2. Locations in the public rights-of-way. SWFs are preferred to be installed in locations
abutting the following zones, ordered from most preferred to least preferred, as
follows:
a. Locations abutting the Business and Industrial Zoning Districts;
b. Locations abutting the Commercial Zoning Districts;
c. Locations abutting the Automobile Parking Zone, Planned Development Zone
and Open Space Zone;
d. Locations within Residential Zoning Districts;
e. Any location in any district within 250 feet from any structure approved for a
residential use.
3. Support structures in the public rights-of-way. SWFs are preferred to be installed on
support structures in the PROW, ordered from most preferred to least preferred, as
follows:
a. Existing or replacement streetlight poles;
b. Existing or replacement utility poles;
c. New, non -replacement streetlight poles;
d. New, non -replacement poles for small wireless facilities.
4. Prohibited support structures. SWFs are prohibited from being installed on the
following support structures:
a. Strand -mounted wireless facilities are prohibited;
b. Decorative poles;
c. Traffic signals, cabinets and related devices;
d. Any utility pole scheduled for removal or relocation within 12 months from the
time the approval authority acts on the small cell permit application;
e. New, non -replacement wood utility poles.
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B. Locations Requiring an Exception. WTPs are strongly disfavored in certain areas and on
certain support structures. Therefore, the following locations are permitted only when an
exception has been granted pursuant to Subsection C hereof:
PROW within 100 feet of designated historic buildings.
2. PROW within Underground Utility Districts.
3. PROW which has been improved pursuant to a street beautification project.
C. Required Findings for an Exception. For any WTP requiring an "exception" under this
chapter, no such exception shall be granted unless the applicant demonstrates with clear
and convincing evidence all the following:
The proposed wireless facility qualifies as a "personal wireless services facility" as
defined in United States Code, Title 47, Section 332(c)(7)(C)(ii); and
2. The applicant has demonstrated that strict compliance with any provision in this
chapter for a WTP would effectively prohibit the provision of personal wireless
services; and
3. The applicant has provided the City with a meaningful comparative analysis that
includes the factual reasons why any alternative location(s) or design(s) suggested
by the City or otherwise identified in the administrative record, are not technically
feasible or reasonably available; and
4. The applicant has provided the City with a meaningful comparative analysis that
includes the factual reasons why the proposed location and design deviates is the
least noncompliant location and design necessary to reasonably achieve the
applicant's reasonable objectives.
D. Scope. The Director of Public Works, as applicable, shall limit an exemption for a WTP to
the extent to which the applicant demonstrates such exemption is necessary to reasonably
achieve compliance with state and federal law and/or service needs of the community. The
Director of Public Works, as applicable, may adopt conditions of approval as reasonably
necessary to promote the purposes in this chapter and protect the public health, safety and
welfare.
12.54.090. OPERATION AND MAINTENANCE STANDARDS.
All wireless telecommunications facilities must comply at all times with the following operation
and maintenance standards:
A. The permittee shall at all times maintain compliance with all applicable federal, state and
local laws, regulations and other rules, including, without limitation, those applying to use
of the PROW. The permittee shall ensure that all equipment and other improvements to be
constructed and/or installed in connection with the approved WTP are maintained in a
manner that is not detrimental or injurious to the public health, safety, and general welfare
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and that the aesthetic appearance is continuously preserved, and substantially the same as
shown in the approved plans.
B. Unless otherwise provided herein, all necessary repairs and restoration shall be completed
by the permittee, owner, operator or any designated maintenance agent at its sole cost
within 48 hours:
After discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
2. After permittee, owner, operator or any designated maintenance agent receives
notification from the City.
C. Insurance. The permittee shall obtain and maintain throughout the term of the permit a type
and amount of insurance as specified by City's risk management. The relevant policy(ies)
shall name the City, its elected/appointed officials, commission members, officers,
representatives, agents, and employees as additional insured. The permittee shall use its
best efforts to provide thirty (30) days prior notice to the Director of Public Works of to the
cancellation or material modification of any applicable insurance policy.
D. Indemnities. The permittee and, if applicable, the owner of the property upon which the
wireless facility is installed shall defend, indemnify and hold harmless the City, its agents,
officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses,
costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus,
and other actions or proceedings brought against the City or its agents, officers, officials,
or employees to challenge, attack, seek to modify, set aside, void or annul the City's
approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and any and all claims, demands, law suits, or causes of action and other
actions or proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the permittee
or, if applicable, the private property owner or any of each one's agents, employees,
licensees, contractors, subcontractors, or independent contractors. In the event the City
becomes aware of any such actions or claims the City shall promptly notify the permittee
and, if applicable, the private property owner and shall reasonably cooperate in the defense.
The City shall have the right to approve, which approval shall not be unreasonably
withheld, the legal counsel providing the City's defense, and the property owner and/or
Permittee (as applicable) shall reimburse the City for any costs and expenses directly and
necessarily incurred by the City.
E. Performance Bond. Prior to issuance of a wireless encroachment permit, the permittee shall
file with the City, and shall maintain in good standing throughout the term of the approval,
a performance bond or other surety or another form of security for the removal of the
facility in the event that the use is abandoned or the permit expires, or is revoked, or is
otherwise terminated. The security shall be in the amount equal to 100% of the cost of
removal of the facility as specified in the application for the WTP or as that amount may
be modified by the Director of Public Works in in the permit based on the characteristics
of the installation. The permittee shall reimburse the City for staff time associated with the
26
processing and tracking of the bond, based on the hourly rate adopted by the City Council.
Reimbursement shall be paid when the security is posted and during each administrative
review.
F. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts
to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the
construction, operation, maintenance, modification, and removal of the facility. All
facilities, including each piece of equipment, shall be located and placed in a manner so as
to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian
traffic, impair the primary use and purpose of poles/signs/traffic signals or other
infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise
obstruct the accessibility of the PROW.
G. Contact Information. Each permittee of a wireless telecommunications facility shall
provide the Director of Public Works with the name, address and 24-hour local or toll-free
contact phone number of the permittee, the owner, the operator and the agent responsible
for the maintenance of the facility ("contact information"). Contact information shall be
updated within seven days of any change.
H. All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and
the facility site shall be maintained in good condition, including ensuring the facilities are
reasonably free of:
Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to
City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic
signals, improvements of any kind or nature, or utility lines and systems,
underground utility line and systems (water, sewer, storm drains, gas, oil, electrical,
etc.) that result from any activities performed in connection with the installation
and/or maintenance of a wireless facility in the PROW.
2. General dirt and grease;
Chipped, faded, peeling, and cracked paint;
4. Rust and corrosion;
5. Cracks, dents, and discoloration;
6. Missing, discolored or damaged artificial foliage or other camouflage;
7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities
must be removed at the sole expense of the permittee within forty-eight (48) hours
after notification from the City.
8. Broken and misshapen structural parts; and
9. Any damage from any cause.
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I. All trees, foliage or other landscaping elements approved as part of the facility shall be
maintained in neat, safe and good condition at all times, and the permittee, owner and
operator of the facility shall be responsible for replacing any damaged, dead or decayed
landscaping. No amendment to any approved landscaping plan may be made until it is
submitted to and approved by the Director of Public Works.
J. Each facility shall be operated and maintained to comply with all conditions of approval.
The permittee, when directed by the City, must perform an inspection of the facility and
submit a report to the Director of Public Works on the condition of the facility to include
any identified concerns and corrective action taken. Additionally, as the City performs
maintenance on City -owned infrastructure, additional maintenance concerns may be
identified. These will be reported to the permittee. The City shall give the permittee thirty
(30) days to correct the identified maintenance concerns after which the City reserves the
right to take any action it deems necessary, which could include revocation of the permit.
The burden is on the Permittee to demonstrate that it complies with the requirements herein.
Prior to issuance of a permit under this chapter, the owner of the facility shall sign an
affidavit attesting to understanding the City's requirement for performance of annual
inspections and reporting.
K. All facilities permitted pursuant to this chapter shall comply with the American with
Disabilities Act.
L. The permittee is responsible for obtaining power to the facility and for the cost of electrical
usage.
M. Failure to comply with the City's adopted noise standard after written notice and reasonable
opportunity to cure have been given shall be grounds for the City to revoke the permit.
N. Interference.
The permittee shall not move, alter, temporarily relocate, change, or interfere with
any existing structure, improvement, or property without the prior consent of the
owner of that structure, improvement, or property. No structure, improvement, or
property owned by the City shall be moved to accommodate a permitted activity or
encroachment, unless the City determines that such movement will not adversely
affect the City or any surrounding businesses or residents, and the permittee pays
all costs and expenses related to the relocation of the City's structure, improvement,
or property.
2. Prior to commencement of any work pursuant to a WTP, the permittee shall provide
the City with documentation establishing to the City's satisfaction that the permittee
has the legal right to use or interfere with any other structure, improvement, or
property within the PROW or City utility easement to be affected by permittee's
facilities.
3. The facility shall not damage or interfere in any way with City property, the City's
operations or the operations of prior -existing, third -party installations. The City will
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reasonably cooperate with the permittee and/or carrier to carry out such activities
as are necessary to correct the interference.
a. Signal Interference. The permittee shall correct any such interference within
24 hours of written notification of the interference. Upon the expiration of
the 24-hour cure period and until the cause of the interference is eliminated,
the permittee shall cease operation of any facility causing such interference
until such interference is cured.
b. Physical Interference. The City shall give the permittee forty-eight (48)
hours to correct the interference after which the City reserves the right to
take any action it deems necessary, which could include revocation of the
permit.
4. The City at all times reserves the right to take any action it deems necessary, in its
sole discretion, to repair, maintain, alter, or improve the sites. Such actions may
temporarily interfere with the operation of the facility. The City will in all cases,
other than emergencies, give the applicant 30 days' written notification of such
planned, non -emergency actions.
O. RF Exposure Compliance. All facilities must comply with all standards and regulations of
the FCC and any other state or federal government agency with the authority to regulate
RF exposure standards.
P. Records. The permittee must maintain complete and accurate copies of all permits and
other regulatory approvals issued in connection with the facility, which includes without
limitation this approval, the approved plans and photo simulations incorporated into this
approval, all conditions associated with this approval and any ministerial permits or
approvals issued in connection with this approval. In the event that the permittee does not
maintain such records as required in this condition or fails to produce true and complete
copies of such records within a reasonable time after a written request from the City, any
ambiguities or uncertainties that would be resolved through an inspection of the missing
records will be construed against the permittee.
12.54.100. NO DANGEROUS CONDITION OR OBSTRUCTIONS ALLOWED.
No person shall install, use or maintain any wireless telecommunications facility that in whole or
in part rests upon, in or over any public right-of-way, when such installation, use or maintenance
endangers or is reasonably likely to endanger the safety of persons or property, or when such site
or location is used for public utility purposes, public transportation purposes or other governmental
use, or when such facility unreasonably interferes with or unreasonably impedes the flow of
pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
12.54.110. PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS.
A. Permit Term. Unless Government Code Section 65964, as may be amended, authorizes the
City to issue a permit with a shorter term, a permit for any wireless telecommunications
facility shall be valid for a period of ten (10) years, unless pursuant to another provision of
this code it lapses sooner or is revoked. At the end of ten (10) years from the date of
issuance, such permit shall automatically expire.
B. A permittee may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the City's current code requirements for
wireless telecommunications facilities.
C. Timing of Installation. The installation and construction authorized by a WTP shall begin
within one (1) year after its approval, or it will expire without further action by the City.
The installation and construction authorized by a WTP shall conclude, including any
necessary post -installation repairs and/or restoration to the PROW, within thirty (30) days
following the day construction commenced.
12.54.120. CESSATION OF USE OR ABANDONMENT.
A. A wireless telecommunications facility is considered abandoned and shall be promptly
removed as provided herein if it ceases to provide wireless services for ninety (90) or more
consecutive days unless the permittee has obtained prior written approval from the Director
of Public Works which shall not be unreasonably denied. If there are two or more users of
a single facility, then this provision shall not become effective until all users cease using
the facility.
B. The operator of a facility shall notify the Director of Public Works in writing of its intent
to abandon or cease use of a permitted site or a nonconforming site (including unpermitted
sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of Public
Works of any discontinuation of operations of 30 days or more.
C. Failure to inform the Director of Public Works of cessation or discontinuation of operations
of any existing facility as required by this Section shall constitute a violation of any
approvals and be grounds for:
Litigation;
2. Revocation or modification of the permit;
Acting on any bond or other assurance required by this article or conditions of
approval of the permit;
4. Removal of the facilities by the City in accordance with the procedures established
under this code for abatement of a public nuisance at the owner's expense; and/or
Any other remedies permitted under this code or by law.
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12.54.130. REMOVAL AND RESTORATION—PERMIT EXPIRATION,
REVOCATION OR ABANDONMENT.
A. Upon the expiration date of the permit, including any extensions, earlier termination or
revocation of the WTP or abandonment of the facility, the permittee, owner or operator
shall remove in ninety (90) days its wireless telecommunications facility and restore the
site to the condition it was in prior to the granting of the WTP, except for retaining the
landscaping improvements and any other improvements at the discretion of the City.
Removal shall be in accordance with proper health and safety requirements and all
ordinances, rules, and regulations of the City. Expired, terminated or revoked wireless
telecommunications facility equipment shall be removed from the site at no cost or expense
to the City.
B. Failure of the permittee, owner or operator to promptly remove its facility and restore the
property within ninety (90) days after expiration, earlier termination or revocation of the
WTP, or abandonment of the facility, shall be a violation of this code. Upon a showing of
good cause, an extension may be granted by the Director of Public Works where
circumstances are beyond the control of the permittee after expiration. Further failure to
abide by the timeline provided in this Section shall be grounds for:
Prosecution;
2. Acting on any security instrument required by this chapter or conditions of approval
of permit;
3. Removal of the facilities by the City in accordance with the procedures established
under this code for abatement of a public nuisance at the owner's expense; and/or
4. Any other remedies permitted under this code or by law.
C. Summary Removal. In the event any City director determines that the condition or
placement of a wireless telecommunications facility located in the public right- of -way
constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent
threat to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), such director or City engineer
may cause the facility to be removed summarily and immediately without advance notice
or a hearing. Written notice of the removal shall include the basis for the removal and shall
be served upon the permittee and person who owns the facility within five (5) business
days of removal and all property removed shall be preserved for the owner's pick-up as
feasible. If the owner cannot be identified following reasonable effort or if the owner fails
to pick up the property within sixty (60) days, the facility shall be treated as abandoned
property.
D. Removal of Facilities by City. In the event the City removes a wireless telecommunications
facility in accordance with nuisance abatement procedures or summary removal, any such
removal shall be without any liability to the City for any damage to such facility that may
result from reasonable efforts of removal. In addition to the procedures for recovering costs
of nuisance abatement, the City may collect such costs from the performance bond posted
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and to the extent such costs exceed the amount of the performance bond, collect those
excess costs in accordance with this code. Unless otherwise provided herein, the City has
no obligation to store such facility. Neither the permittee, owner nor operator shall have
any claim if the City destroys any such facility not timely removed by the permittee, owner
or operator after notice, or removal by the City due to exigent circumstances.
12.54.140. EFFECT ON OTHER ORDINANCES.
Compliance with the provisions of this chapter shall not relieve a person from complying with any
other applicable provision of this code. In the event of a conflict between any provision of this
chapter and other sections of this code, this chapter shall control.
12.54.150. STATE OR FEDERAL LAW.
The implementation of this chapter and decisions on applications for placement of wireless
telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of
this chapter are satisfied, unless it is determined that the applicant has established that denial of an
application would, within the meaning of federal law, prohibit or effectively prohibit the provision
of personal wireless services, or otherwise violate applicable laws or regulations. If that
determination is made, the requirements of this chapter may be waived, but only to the minimum
extent required to avoid the prohibition or violation.
12.54.160. LEGAL NONCONFORMING WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE RIGHT-OF-WAY.
A. Legal nonconforming wireless telecommunications facilities are those facilities that
existed but did not conform to this chapter on the date this chapter became effective.
B. Legal nonconforming wireless telecommunications facilities shall, within ten (10) years
from the date this chapter became effective, be brought into conformity with all
requirements of this article; provided, however, that should the owner desire to expand or
modify the facility, intensify the use, or make some other change in a conditional use, the
owner shall comply with all applicable provisions of this code at such time, to the extent
the City can require such compliance under federal and state law.
C. An aggrieved person may file an appeal to the City Council of any decision of the Director
of Public Works or other deciding body made pursuant to this Section. In the event of an
appeal alleging that the ten-year amortization period is not reasonable as applied to a
particular property, the City Council may consider the amount of investment or original
cost, present actual or depreciated value, dates of construction, amortization for tax
purposes, salvage value, remaining useful life, the length and remaining term of the lease
under which it is maintained (if any), and the harm to the public if the structure remains
standing beyond the prescribed amortization period, and set an amortization period
accordingly for the specific property."
SECTION 4: Severability. The City Council hereby declares that, should any provision, section,
subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be
rendered or declared invalid or unconstitutional by any final court action in a court of competent
32
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 5: Publication. The City Clerk shall certify to the adoption of this Ordinance and shall
publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office
of the City Clerk at least five (5) days prior to the adoption and within fifteen (15) days after
adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names
of the Council Members voting for and against the Ordinance.
SECTJON 6: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
-PASSED; APPROVED, AND ADOPTED this 12'' day of May, 2026.
APPROVED AS TO FORM:
r
Rachel H. Richman, City Attorney
33
, iLli.�+
ATTEST:
ErickaHernandez, City. Clerk- -
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby certify that Ordinance No. 1033 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
W-3.1WHINIEZ1810"
ABSTAIN: NONE
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Ericka Hernandez, City Clerk = _