The URL can be used to link to this page

PC - Item 4B - Minucipal Code Amendment 10-01 - Wireless Telecommunications Facilities in the CityROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: APRIL 5, 2010 SUBJECT: MUNICIPAL CODE AMENDMENT 10 -01, AMENDING THE ZONING CODE TO ESTABLISH REGULATIONS FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY OF ROSEMEAD SUMMARY Municipal Code Amendment 10 -01 is a City initiated amendment that proposes to amend the Zoning Ordinance to provide a comprehensive set of development standards for the installation and operation of Wireless Telecommunications Facilities (WTFs). ENVIRONMENTAL DETERMINATION An Initial Study of Environmental Impacts was prepared recommending the adoption of a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) guidelines (the Initial Study and Negative Declaration are attached to this report as Attachment A). The Initial Study is an environmental analysis of the proposed municipal code amendment to determine if the proposed revisions to the municipal code will have potentially significant effects on the environment. This study found that there are no potentially significant environmental impacts that could occur with the adoption of the proposed code amendment. A Notice of Intent to Adopt a Negative Declaration was distributed for a 20 -day public review and comment period between March 12, 2010 and April 5, 2010. If the Commission is inclined to recommend approval of this project, the Commission must make findings of adequacy with the environmental assessment and recommend that the City Council adopt the Negative Declaration. STAFF RECOMMENDATION Staff recommends that the Planning Commission ADOPT Resolution No. 10 -09 (Attachment B), a resolution recommending that the City Council ADOPT Ordinance No. 892 (Attachment C), amending title 17 of the Rosemead municipal Code to incorporate Chapter 17.82 "Wireless Telecommunications Facilities" zone regulations. Planning Commission Meeting April 5, 2010 Paae 2 of 5 BACKGROUND Section 17.112.020 of the Rosemead Municipal Code (RMC) requires a Conditional Use Permit (CUP) for "Professional Radio, microwave and television transmitters and broadcasting stations." It is under this authority that the City currently requires a CUP for the establishment of WTFs. A CUP can be requested in any zone in the City. There are no other provisions in the RMC that regulate the location, design, height, or other aspects of WTFs. There have been thirty -two (32) CUP's issued for WTFs since 1989. These have included monopoles, monopalms and roof - mounted facilities. Eleven (11) of these facilities have been mounted on Southern California Edison transmission towers in their utility corridor that runs north -south through the City. (See Exhibit D for list and map of current WTFs) The proposed Ordinance will provide City staff and the Planning Commission review tools that are tailored to current industry design technologies and methods. The proposed Ordinance provides project applicants with more direction and certainty regarding City design objectives and other siting criteria. The draft Ordinance will also bring the Zoning Code into consistency with adopted State legislation that requires local jurisdictions to review certain types of co- location facilities ministerially, instead of with a discretionary CUP. ANALYSIS Below is an outline of the key elements of the proposed Ordinance: • Definitions are provided for all key technical terms. • The Ordinance applies to all new WTFs, including those requested on City -owned property. • Satellite television receiving antennas under one meter in diameter (i.e. DirecTV dishes), UHF and VHF TV antennas (receive only), amateur radio antennas, and public "safety antennas would be exempt from WTF Ordinance. Radio and Television broadcast towers already require a CUP and that would not be changed by the new ordinance. • A CUP is required for new WTFs. An "Administrative Co- location" would not require a CUP. It would be reviewed and approved by the Community Development Director as a ministerial action, with appeal rights to the City Manager. Planning Commission Meeting April 5, 2010 Paqe 3 of 5 • A Co- location Facility is defined as putting a Wireless Facility on a property already containing a Wireless Facility that was approved with a discretionary permit after January 1, 2007. A CUP would still be required for adding a WTF to a location with a wireless CUP approved before 2007. • Per State Gov't Code 65850.6, a Co- location Facility shall be a permitted use with no discretionary permit, through an Administrative Co- location Permit. • Preapproved Locations: Neither the Planning Commission or City Council is being ask to pre- approve locations in this ordinance. The City may approve a list of sites on public property or in the public right -of -way where Wireless Facilities may locate with only a subsequent Administrative Co- location Permit. The City is not required to establish this list, but doing so would streamline permitting for future applicants and possibly encourage them to locate on City property. • Coordinated Antenna Plan (CAP): A CAP allows a provider to request to have multiple sites approved at one time through one discretionary application. The Applicant would have 24 months to build all sites approved by the CAP. The Planning Commission could extend a CAP by an additional 24 months. • The Ordinance contains detailed application submittal requirements, which include submittal of a coverage map, project description, maintenance and monitoring plan, disclosure of removal costs, structural engineer's report, visual analysis, justification report, single interference analysis, and co- location agreement. • The hearing procedures for WTFs will follow the current CUP process. Findings for approval or denial are defined in the draft Ordinance and a 10 -day appeal period for CUP or Administrative Co- location Permit approval is established which is consistent with other discretionary permits in the City. The Ordinance includes design preferences for the preferred types of wireless facilities in the City which are in order of most preferred: 1. Co- location on a stealth facility, defined in the ordinance to mean 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, 2. Integrated into a building design with camouflage, 3. Mounted and screened on a commercial or industrial building, 4. Mounted on an existing utility pole, 5. New monopole, 6. New lattice tower, 7. Fagade mounted with no camouflage. Planning Commission Meeting April 5, 2010 Page 4 of 5 Wireless Facilities or Administrative Co- location facilities may be located in the following locations: City Owned property, School District Property, and land owned by a public utility, The M -1 and O -S Zone, • Any new WTF, other than a co- location facility, must be a minimum of 1,000 feet from an existing WTF. • The Planning Commission may approve other locations if the wireless provider proves it has a gap in network coverage and the proposed location is the only means to reduce gap to a "de minimis" level. • The heights of Wireless Facilities are limited to the zone in which it is located. Monopoles may not exceed 60 feet or the height limit of the zone, whichever is less. • For any new approved Wireless Facility RF Emissions, a post construction RF exposure test must be conducted and RF engineer must submit annual monitoring information. • A Performance Bond must be submitted for facility removal costs. • The ordinance includes setback standards, screening requirements, accessory structure requirements, signage, landscaping, and other design and noise standards. • The ordinance contains provisions to regulate abandonment and removal of facilities, notifications for transfer of ownership, and revocation procedures. • The Ordinance allows for Wireless Facilities in the Public right -of -way as authorized by State law through franchise agreements. Conclusion The proposed Ordinance provides a uniform set of standards for the permitting, design, placement, and operation of Wireless Telecommunications Facilities in the City of Rosemead. The proposed Ordinance balances the goals of Federal and State laws designed to promote reliable and cost competitive wireless services with the City's desire to safeguard the public health, safety, and welfare. The Ordinance encourages aesthetically innovative yet reasonably feasible techniques for the design and siting of attractive WTFs. The Ordinance prevents the proliferation and concentration of WTF through distance criteria. The ordinance encourages wireless providers to co- locate and to plan system wide improvements through the use of a Coordinated Antenna Plan. WTFs are also encouraged to be located on City -owned property as a means to further Planning Commission Meeting April 5, 2010 Paae 5 of 5 enhance the City's ability to control their design. The leasing of City -owned property for WTFs will also provide a new revenue source for the City. MUNICIPAL CODE REQUIREMENTS Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A zone change and municipal code amendments may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. California State law requires zoning to be compliant with the goals, objectives and policies of the General Plan. Municipal Code Amendment 10 -01 will accomplish this requirement. The WTF regulations are consistent with General Plan Land Use Policy 1.2, which prohibits non - residential uses in residential zones to prevent land use conflicts. The adoption of a unified set of regulatory standards for WTFs will promote the continued development of commercial centers by allowing for the growth of telecommunications services that are required in a modern business environment. This will further Land Use Policy 2.1). The location and design standards contained within the proposed WTF regulations are consistent with the goal of Land Use Policy 2.5 to apply architectural standards to new commercial development. The public necessity, convenience, and general welfare will be served by the adoption of the WTF regulations that provides for application review procedures that will be in compliance with Federal and State law. The regulations will also include detailed design guidelines and requirements to improve the aesthetic appearance of wireless facilities which will serve the general welfare. PUBLIC NOTICE PROCESS This item has been noticed through the required public posting requirements of the regular agenda notification process for Municipal Code Text Amendments, pursuant to Section 17.116.020 of the Rosemead Municipal Code, which includes publication in the San Gabriel Valley Tribune and posting of the notice at the six (6) public locations and on the subject site. Prepared by: Submitted by: Paul Garry *o Senior Planner Community Dev lopment Director Attachments: A. Initial Study of Environmental Impacts and Negative Declaration B. Planning Commission Resolution No. 10 -05 C. Draft Ordinance No. 892 D. Map and List of Current Wireless Telecommunications Facilities ENVIRONMENTAL CHECKLIST FORM CITY OF ROSEMEAD PLANNING DIVISION 8838 E. VALLEY BLVD. ROSEMEAD, CALIFORNIA 91770 Project title: 2. Lead agency name and address: Municipal Code Amendment 10 -01 City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 3. Contact person and phone number: 4. Project location: 5. Project sponsor's name and address: 6. General plan designation: Paul Garry, Senior Planner (626) 569 -2147 City -Wide City of Rosemead County of Los Angeles City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 All land use designations 7. Zoning: All zoning districts 8. Description of project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) A City initiated Code Amendment to revise Title 17 (Zoning) of the Rosemead Municipal Code. The proposed amendment establishes procedures and standards for the development and placement of wireless telecommunications facilities in a manner that is consistent with aesthetic objectives of the City, ensures land use compatibility, and creates reasonable regulations in conformance with provisions of Telecommunication Act of 1996. 9. Surrounding land uses and setting. (Briefly describe the project's surroundings.) The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of the City of Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by South San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the east. The City is 5.5 square miles or 2,344 acres in size. Rosemead is home to a resident population of approximately 57,328 people. The R -1 and R -2 Zones are distributed throughout the City of Rosemead. EXHIBIT A 10. Other Agencies whose approval is required (e.g., permits, financing approval, or participation agreement). Approval by other agencies is not required as part of this project. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics El Biological Resources El Resources Resources ❑ Cultural Resources El Hydrology/Water ❑ Quality ❑ Noise ❑ Recreation ❑ Air Quality ❑ Geology /Soils ❑ Land Use /Planning ❑ Population /Housing ❑ Transportation/Traffic ❑ Biological Resources El & Hazardous Materials Materials ❑ Mineral Resources ❑ Public Services El Systems Systems ❑ Mandatory Findings of Significance 2 EXHIBIT A DETERMINATION On the basis of this initial evaluation: Q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project may have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL MPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revision or mitigation measures that are imposed upon the proposed project, nothing further is required. f6—a 3 Signature Date Paul Garry, Senior Planner Printed Name For IWAN 1 - -1111 W-11 EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project- specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation from Section XVII, "Earlier Analyses ", may be cross - referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different ones. 9. The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant. EXHIBIT A ENVIRONMENTAL CHECKLIST EXHIBIT A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 1. Aesthetics Would the project. a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ vis _ b) Substantially damage scenic resources, including, but not limited to, trees, rock E] El E] outcroppings, and historic building within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ® ❑ sur roundings? -- --- ------- --- - -- - - -- — d) Create a new source of substantial light or glare - -- - -- which would adversely affect day or nighttime ❑ ❑ ® ❑ views in the area? 2. Agriculture Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, ❑ ❑ ❑ or a Williamson Act contract? ------- ------- .---------------- ---...--------------------- __............-.- - - -- - ------- c) Involve other changes in the existing ... ............ - - -- - - environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland, to non - agricultural use? 3. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project. a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ quality violation? EXHIBIT A 6 EXHIBIT A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ❑ substantial number of people? 4. Biological Resources Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ❑ ❑ ❑ policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wil dlife S ervice? - -- - -- -- - -- --.. - ......... b) — ----------------------- - - Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ❑ policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited E] E] 1:1 to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? .__ ......... d) -.- 1111 . ..... . .. . ..... ........ - -- .....------- Interfere substantially with the movement of any - ----- - --- native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of - 1111.- wildlife nursery sites? -------- -1111..... -- 1-.......1 ...... .................. .. ........... --- --- -...........--- - - -- -- - - --------- --------- ------ - - - --- - ------ - -- --- - -- - — e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community 1:1 E] E] Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5. Cultural Resources Would the project. 6 EXHIBIT A EXHIBIT A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ❑ ❑ in §15064.5? _ b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ - - - geologic feature? -- - -. .. - . -...- - .-.._-_ -- -. -.- --- ..... - - ....................................... - - - -- - .- . -. -.. . d) Disturb any human remains, including those El El El outside of formal cemeteries? 6. Geology and Soils Would the project. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or ❑ ❑ ❑ based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic - related ground failure, including El El El liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- ❑ ❑ ❑ or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code ❑ 11 El (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater E] El ❑ disposal systems where sewers are not available for the disposal of wastewater? EXHIBIT A EXHIBIT A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 7. Hazards and Hazardous Materials Would the project a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ❑ M or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ 1 ❑ Z likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or El El El M Waste within one-quarter mile of an existing or proposed school? -------- ---- d) -- -- --- ---------- _ --------------------------- ---- - - - - - - - -- - Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code 65962.5 and, as a result, ❑ ❑ ❑ 0 would it create a significant hazard to the public or the environment? - - - ------------- - - --- -------- - --- .e) ....... ......... - ---- -- -- - -1 ----------------------------- - - - - - For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or Z public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety El 13 El Z hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ E emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to 1:1 ❑ ❑ Z urbanized areas or where residences are intermixed with wildlands? EXHIBIT A *A:11:3111r_1 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 8. Hydrology and Water Quality Would the project. a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production ❑ ❑ ❑ rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or L1 El E] ED substantially increase the rate or amount of surface runoff in a manner, which would result in flo oding on- or off -site? .. .. .. .. .. .------..... - - - - - - - -- -- -- _ ..... -- -- - -- -- -- - -- e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ 1:1 E] stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Other wise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard El E] El Boundary or Flood Insurance Rate Map or other flood haz ard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood ❑ ❑ ❑ flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ ❑ El including flooding as a result of the failure of a lev ee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ 9. Land Use and Planning Would the project: a) Physically divide an established community? ❑ ❑ ❑ *A:11:3111r_1 10 EXHIBIT A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? - .. -. -.- ... ... -- ............... .. .... -- - . -. -. -. c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural communities conservation plan? 10. Mineral Resources Would the project. a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site El El ❑ delineated on a local general plan, specific plan or other land use plan? 11. Noise Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ local general plan or noise ordinance, or applicable sta ndards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ❑ ED ground noise level -- -- — ---------- -...---- ------------------------ ------------------------- __......._ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑, ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people ❑ ❑ ❑ residing or working in the project area to excessive noise levels? 12. Population and Housing Would the project: 10 EXHIBIT A 11 EXHIBIT A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes ❑ ❑ ❑ E and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ E replacement housing elsewhere? ..... -. -- - - - -_. --- c) Displace substantial numbers of people necessitating the construction of replacement ❑ ❑ ❑ E housing elsewhere? 13. Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire Protection? ❑ ❑ E ❑ b) Police Protection? ❑ ❑ E ❑ — -- - -- - - ---- ---- ------- -- - ---- -- c) Schools? - -- - -- -- ..... ............... .. ❑ .. .. .. .. . .. ..- __....--- -------- ❑ . E ❑ d) Parks? ❑ ❑ E ❑ e) Other public facilities? ❑ ❑ E ❑ 14. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ E physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of 1:1 El El recreational facilities, which might have an adverse physical effect on the environment? 15. Transportation/Traffic Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a El El E] substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the El El El county congestion management agency for designated roads or highways? 11 EXHIBIT A 12 EXHIBIT A Less Than . Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El El El intersections) or incompatible uses (e.g., farm equipment)? _ e) Result in inadequate e mergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? 16. Utilities and Service Systems Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ of which could cause significant environmental effect - .. -. -.- _ ----------- ...................... . .... ............ c) — --- Require or result in the construction of new storm water drainage facilities or expansion of El E] El existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and El ❑ El resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to ❑ ❑ ❑ serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ❑ waste disposal needs? g) Comply with federal, state, and local statutes El E] El and regulations related to solid waste? 17. Mandatory Findings of Significance 12 EXHIBIT A 13 EXHIBIT A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a ❑ ❑ ❑ plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project ❑ ❑ ❑ are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on ❑ ❑ ❑ human beings, either directly or indirectly? 13 EXHIBIT A EVALUATION OF ENVIRONMENTAL IMPACTS AESTHETICS The draft ordinance's development standards for wireless facilities relating to scenic impacts will mitigate such impacts related to future site - specific facilities that it regulates. Such draft ordinance conditions include requirements for height limits, camouflaging, and setbacks from potentially sensitive uses. No site specific project is being proposed in connection with this ordinance. The adopted general plan does not identify any state scenic highways within the city. Additionally, since approval of the project does not involve a particular location, there are no significant trees, rock outcroppings, historic buildings or other significant scenic resources that would be impacted. Therefore, no scenic resources would be damaged by the implementation of the proposed project and no significant impacts would occur, and no mitigation measures would be required. The proposed project will not degrade the existing visual character or quality of a particular site. No site specific project is being proposed in connection with this ordinance; therefore, the visual character of the site and the surrounding area would not be significantly affected by the proposed project, and no mitigation measures would be required. 2. AGRICULTURAL RESOURCES The proposed project will not result in the conversion of existing agricultural land to urban uses. The city -wide project area is located in an urban setting and does not contain any agricultural resources as defined by the state farmland mapping and monitoring program. The city -wide project site does not have a land use or implementing zoning designation for agricultural use, and therefore would not conflict with existing zoning for agricultural use or a Williamson Act contract. The proposed project would not require any changes to the existing environment which would result in the conversion of farmland to non - agricultural uses. Therefore, no significant impacts on existing agricultural resources would occur from implementation of the project, and no mitigation measures are necessary. 3. AIR QUALITY Dust, both small diameter respirable matter (pm, and larger, heavier particulates, is normally the primary concern during new construction. Because such emissions are not amenable to collection and discharge through a controlled source, they are called "fugitive emissions" or "fugitive dust." The applicable air quality management plan for the entire City of Rosemead is the 1997 Air Quality Management Plan (AQMP) prepared by the South Coast Air Quality Management District (SCAQMD). CEQA requires that projects be consistent with the AQMP. The AQMP provides standards of concentration for seven (7) air pollutants: ozone, carbon dioxide, nitrogen dioxide, sulfur dioxide, suspended particulate matter, sulfates, lead, as well as visibility- reducing particles. Only new or amended general plan elements, specific plans, and significant projects need to undergo a consistency review. This is because the AQMP strategy is based on projections from local general plans. The current City of Rosemead General Plan is consistent with the AQMP: 14 EXHIBIT A The action proposed with the project is consistent with the Rosemead General Plan as it only establishes development standards for wireless telecommunications facilities in accordance with all applicable elements contained in the general plan. In addition, there is no construction activity associated with approval of this project and therefore no environmental impacts would occur with implementation of the project. National ambient air quality standards (AAQS) were originally established in 1971 for six pollution species with states retaining the option to add other pollutants, require more stringent compliance, or to include different exposure periods. These standards are the levels of air quality considered safe, with an adequate margin of safety, to protect the public health and welfare. They are designed to protect those people most susceptible . to further respiratory distress such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise, called "sensitive receptors." Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed. There are no direct construction activities resulting with the approval of this project. Therefore, the proposed project will not have an impact on sensitive receptors and no mitigation measures are necessary. 4. BIOLOGICAL RESOURCES The city -wide project site is located in an urban, developed area and does not contain any significant biological resources. The project does not provide habitat for any candidate, sensitive, or special status species. Animal species located on any future project site is likely limited to rodents and a variety of bird species that are able to adapt to life in an urban environment. Nonetheless, approval of the project does not involve any construction or specific development project, and therefore would not create any significant impacts to special status biological resources and no mitigation measures are necessary Since this city -wide project site does not contain any significant habitat resources, and there is no direct development associated with the approval of this project there will be no significant impacts on riparian habitat or other sensitive natural communities identified in local, regional, or national plans, regulations or policies. Additionally, no riparian habitat or sensitive natural communities are located within the city, therefore, no significant impacts would result from project implementation and no mitigation measures are necessary. The proposed project is located in an urban area developed with a mixture of residential, commercial, industrial, public facilities and public recreation areas that do not contain any wetland resources. No wetlands would be impacted by approval of the proposed project. The project site is not considered a migratory wildlife corridor due to the existing surrounding urban development. Approval of the project does not involve development of a particular site or changes to an established policy that would allow for the degradation of any significant biological resource. No adopted habitat conservation plan, natural community conservation plan, or other approved habitat conservation plan would be affected by approval of this project, and therefore no mitigation measures would be required. 15 EXHIBIT A 5. CULTURAL RESOURCES The project involves regulatory changes to the City's Zoning Ordinance regarding development standards for wireless telecommunications facilities, and no particular development is associated with its adoption. Therefore, the proposed project could not cause an adverse change to any historic properties potentially eligible for inclusion on the National Register of Historic Places, the California Register of Historic Places, or the California Historic Landmarks, and therefore no mitigation measures would be required The project involves regulatory changes to the City's Zoning Ordinance regarding development standards for wireless telecommunications facilities, and no particular development is associated with its adoption. Therefore, the project would not have any significant cultural resource impacts and no mitigation measures would be required The project does not involve any construction activity. Therefore implementation of the project would not impact any paleontological resource, site or unique geological feature and would not impact any human remains and no mitigation measures would be required. 6. GEOLOGY AND SOILS The General Plan Public Safety element identifies any active faults which have a potential for causing local damage and how to react to such occurrences. The primary dangers associated with seismic activity are surface rupture, ground failure, liquefaction, and ground shaking. City building regulations provide specific construction techniques required for the seismic zones. Additionally, design and construction projects must adhere to the prescribed minimum requirements to address seismic safety issues. However, the project does not involve construction activity or occupancy that could be impacted. Therefore, implementation of the proposed changes would not have an impact regarding geology and soils, and no mitigation measures would be required Liquefaction refers to loose, saturated sand or gravel deposits that lose their load supporting capability when subjected to intense shaking. Liquefaction potential varies based upon on -site soil composition and groundwater depth. The California department of Conservation is mandated by the Seismic Hazards Act of 1990 to identify and map the state's most prominent earthquake hazards, including areas where earthquakes are likely to cause shaking, liquefaction or other ground failure. The California department of Conservation Division of Mines and Geology has recently updated existing Seismic Hazard Maps for portions of Southern California, including the area covering the potential project site. However, the project does not involve construction activity or occupancy that could be impacted. Therefore, implementation of the proposed changes would not have an impact regarding ground failure or liquefaction, and no mitigation measures would be required. Landsliding is a type of erosion in which masses of earth and rock move down slope as a single unit. Susceptibility of slopes to landslides and other forms of slope failure depend on several factors. These are usually present in combination and include, but are not limited to, steep slopes, condition of rock and soil materials, presence of water, formational contracts, geologic shear zones and seismic activity. However, the project does not 16 EXHIBIT A involve construction activity or occupancy that could be impacted. Therefore, implementation of the proposed changes would not have an impact regarding landsliding, and no mitigation measures would be required. There is no construction associated with the approval of this project, thereby having no potential for soil erosion or the loss of native topsoil. Therefore, implementation of the proposed changes would not have an impact regarding soils, and no mitigation measures would be required. Compliance with the General Construction Activities Storm Water Permit and development of and adherence to best management practices will ensure that no substantial erosion will occur during grading and compaction of a project site. However, the proposed project does not involve any construction activity or occupancy that could be impacted. Therefore, implementation of the proposed changes would not have an impact regarding a geologic unit or soils, and no mitigation measures would be required. 7. HAZARDS AND HAZARDOUS MATERIALS The proposed project would not involve the routine transport, use or disposal of any significant quantities of hazardous materials. No hazardous emissions will be associated with the proposed project. The project proposal is not site specific, thereby not in violation with government code section 65962.5. Therefore, project implementation would not create a significant hazard to the public or the environment. The proposed project regulatory changes would not result in any safety hazards to people residing or working in community. Therefore, no significant impacts would result from the proposed project. The proposed project would not involve any uses that would interfere with the city's emergency operations plan or with any major emergency evacuation routes out of the area. Approval of the proposed project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. No significant impacts to the public or the environment would result from the proposed project, and no mitigation measures are required. 8. HYDROLOGY AND WATER QUALITY In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System ( NPDES) permit. The 1987 amendments to the CWA added section 402(p), which establishes a framework for regulating municipal and industrial storm water discharges under the NPDES program. On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish storm water permit application requirements for specified categories of industries. The regulations provide that discharges of storm water to waters of the United States from construction projects that encompass five or more acres of soil disturbance are effectively prohibited unless the discharge is in compliance with an NPDES permit. The proposed project would not be subject to the NPDES program, because the project does not involve any construction activity. Therefore, the proposed project would not violate any water quality standards or waste discharge requirements. 17 EXHIBIT A Additionally, the proposed project will not contribute to withdrawals from an existing ground water supply. Because there is no site specific development associated with this project, no changes to any established drainage pattern would occur upon implementation. Therefore, no significant impacts with regard to drainage would result from project approval, and no mitigation measures would be required. Because there is no site - specific construction with regard to this project, there is no potential for the increase in stormwater runoff at any particular location. Any subsequent development would be appropriately analyzed for compliance with any state and local stormwater management programs. Therefore, no significant impact would result from approval of this project, and no mitigation measures would be required. Any subsequent development would be required to comply with city permit requirements to ensure that there will be no violation of water quality or waste discharge requirements. The project does not involve any housing development. Therefore, no significant impacts would occur and no mitigation measures would be required. No site - specific construction activity will take place with approval of this project. Any subsequent development would be required to comply with city permit requirements to ensure soil stability and flooding. Therefore, no significant impacts would occur as a result of the project, and no mitigation measures would be required. 9. LAND USE AND PLANNING The proposed project does not involve changes that would physically divide the established community or degrade the existing land use pattern. The proposed project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, Specific Plan, Local Coastal Program, or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. The action proposed with the project is consistent with the Rosemead General Plan as it establishes design and location requirements for wireless telecommunications facilities. Any such facilities developed under the proposed ordinance would still be required to comply with all applicable zoning and land use regulations already in place. Therefore, implementation of the project would not result in a significant impact and no mitigation measures would be required. The proposed regulatory change is not site specific and would not conflict with any applicable habitat conservation plan or natural community conservation plan area. Therefore, no impact would result from implementation of the project and no mitigation measures would be required. 10. MINERAL RESOURCES According to the City of Rosemead Resource Management Element, no mineral deposits of statewide or regional importance exist within the City. Therefore, no significant impacts would occur and no mitigation measures would be required 18 EXHIBIT A 11 12. 13. NOISE The proposed regulatory change does not involve any construction activity or uses that would impact the city's established Community Noise Equivalent Level (CNEL) for each of its land use designations. The City's General Plan Public Safety Element indicates a Community Noise Equivalent Level (CNEL) for each land use area, of which the project will not affect. Therefore, no impacts from implementation of the project will occur, and no mitigation measures would be required. There is no proposed construction activity or new uses associated with the approval of this project. Therefore, no impacts from implementation of the project will occur, and no mitigation measures would be required. The proposed project will not expose people working in the city to permanent high noise levels. There is no development resulting from approval of this project. Therefore, no significant impacts would occur in, the vicinity of a private airstrip and no mitigation measures would be required POPULATION AND HOUSING The proposed regulatory change is not anticipated to induce substantial population growth. Furthermore, there is no specific development involved with this project that would require the extension of infrastructure in an area not previously served. Therefore, no significant impacts would occur and no mitigation measures would be required. The proposed project does not involve demolition or dislocation of any structures. Therefore, no significant impacts would occur and no mitigation measures would be required. PUBLIC SERVICES No development is associated with approval of this project. Therefore, no impacts with regard to the provision of new or physically altered government facilities would occur. No development is associated with approval of this project. Therefore, no impacts with regard to the provision of fire protection services, police services, school facilities, existing park services or the provision of new park facilities would occur. No impacts to other public facilities have been identified. Refer to Section 16 for a discussion on utilities and service systems. 14. RECREATION The proposed project will have no direct effect on existing recreational facilities. No increases in the demand for such facilities will occur as a result of this project. Therefore, no significant impacts would occur and no mitigation measures would be required. mitigation measures are required. The proposed project does not include, nor require, the construction or expansion of recreational facilities. Existing recreational opportunities will not be affected by implementation of the project. Therefore, no significant impacts would occur and no 19 EXHIBIT A 15. TRANSPORTATIONITRAFFIC There is no specific development associated with approval of this project. Therefore, implementation of the proposed project would not result in a significant traffic impact and no mitigation measures would be required. The project does not propose any use that would cause any changes, individually or cumulatively, to the level of service standard established by the county congestion management agency for designated roads or highways. Therefore, no significant impacts would occur and no mitigation measures would be required. The project does not propose any use which could cause any changes to air traffic patterns or a change in location that results in substantial safety risks. The project does not involve any specific development or regulatory change that would create hazards for a subsequent development proposal. Therefore, no significant impacts would occur and no mitigation measures would be required. The project does not involve any specific development or regulatory change that would impact emergency access to a particular site. The project does not involve any specific development or regulatory change that would create inadequate parking capacities for a subsequent development proposal. Therefore, no significant impacts would occur and no mitigation measures would be required. Because the project involves the establishment of development standards for wireless telecommunication facilities, implementation of the project would not conflict with any alternative transportation policies, programs and plans. Therefore, no significant impacts would occur and no mitigation measures would be required. 16. UTILITIES AND SERVICE SYSTEMS No specific development will directly result from approval of this project. However, wastewater treatment and adequate sewer infrastructure is in place to serve the City. Therefore, no significant impacts would occur and no mitigation measures would be required. No development will directly result from approval of this project. However, because the city is largely developed, mainline water and sewer infrastructure is in place. Connections to the mainline water and sewer will be required for any subsequent development. Therefore, no significant impacts would occur and no mitigation measures would be required. No construction activity will directly result from approval of this project. However, because the city is primarily built -out, storm water drainage facilities are in place, and any subsequent development would require on -site facilities to convey storm water flows to the area drainage facilities in accordance with city regulations. Therefore, no significant impacts would occur and no mitigation measures would be required. All local, state, and federal guidelines regarding solid waste will not be impacted as a result of approval of this project. Therefore, no significant impacts would occur and no mitigation measures would be required. 20 EXHIBIT A 17. MANDATORY FINDINGS OF SIGNIFICANCE Based on the preceding analysis, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. The project will not have a cumulatively considerable impact on the environment, as approval of the project only establishes development standards wireless telecommunication facilities. The development standards remain consistent with goals and policies of the land use element within the general plan. Therefore no significant impacts have been identified, and no mitigation measures are required. Based on the preceding analysis, the proposed project does not have the potential to cause substantial adverse effects on human beings. Therefore no significant impacts have been identified, and no mitigation measures are required. 21 EXHIBIT A References 1. City of Rosemead General Plan, October 14, 2008 2. City of Rosemead Municipal Code 22 EXHIBIT A PC RESOLUTION 10 -09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION AND ADOPT MUNICIPAL CODE AMENDMENT 10 -01 ADDING CHAPTER 17.82 TO TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO WIRELESS TELECOMMUNICATIONS FACILITIES. WHEREAS, Section 17.116.020 of the Rosemead Municipal Code sets forth procedures and requirements for municipal code amendments; and WHEREAS, on March 12, 2010, an Initial Environmental Study for the proposed Municipal Code Amendment was completed, finding that the proposed project could not have a significant effect on the environment and a Negative Declaration was prepared, in accordance with the guidelines of the California Environmental Quality Act, and local environmental guidelines; 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, Municipal Code Amendment 10 -01 establishes regulations for the development of Wireless Telecommunications Facilities ( "WFT"); and WHEREAS, Sections 17.116 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed municipal code amendments to the City Council; and WHEREAS, on March 12, 2010, a notice was published in the San Gabriel Valley Tribune specifying the public comment period and the time and place for a public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on April 5, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 10 -01; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: 1 EXHIBIT B SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Negative Declaration, as the environmental clearance for Municipal Code Amendment 10 -01. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that Municipal Code Amendment 10 -01 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the city. The WTF regulations are consistent with General Plan Land Use Policy 1.2, which prohibits non - residential uses in residential zones to prevent land use conflicts. The adoption of a unified set of regulatory standards for WTFs will promote the continued development of commercial centers by allowing for the growth of telecommunications services that are required in a modern business environment. This will further Land Use Policy 2.1). The location and design standards contained within the proposed WTF regulations are consistent with the goal of Land Use Policy 2.5 to apply architectural standards to new commercial development. The public necessity, convenience, and general welfare will be served by the adoption of the WTF regulations that provides for application review procedures that will be in compliance with Federal and State law. The regulations will also include detailed design guidelines and requirements to improve the aesthetic appearance of wireless facilities which will serve the general welfare. SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES that it is necessary and appropriate to provide a uniform and comprehensive set of regulations for the development, operation, and maintenance of wireless telecommunications facilities consistent with applicable federal laws and regulations. The regulations are designed to ensure aesthetic quality of the City, minimize the adverse impacts of wireless telecommunications facilities, and to create reasonable regulations in conformance with goals and policies of the General Plan, while providing for the communication needs of residents, businesses, visitors and government within the City of Rosemead. SECTION 4. The Planning Commission does HEREBY RECOMMEND that Section 17.12.120 (Height of buildings) of the Rosemead Municipal Code be amended to read as follows: No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs or other structures shall exceed the height limit provided in this title. Radio and television masts and other equipment as described in Section 17.82.040 of this Title as well as steeples and flagpoles may extend not more than thirty (30) feet above the height limit provided in this title, provided 2 EXHIBIT B that in the opinion of the Building Inspector the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. SECTION 5. The Planning Commission does hereby recommend that Chapter 17.82 (Wireless Telecommunications Facilities) be added to Title 17 of the Rosemead Municipal Code to read as follows: Chapter 17.82 WIRELESS TELECOMMUNICATIONS FACILITIES Sections: 17.82.010 Purpose, intent and goals. 17.82.020 Definitions. 17.82.030 Applicability. 17.82.040 Exemptions. 17.82.050 Required approvals; expiration and renewals. 17.82.060 Application submission requirements. 17.82.070 Approval procedures - Required findings. 17.82.080 General development standards. 17.82.090 Maintenance and security. 17.82.100 Abandonment or discontinuance of use - Removal of facilities. 17.82.110 Transfer of operation. 17.82.120 Revocation. 17.82.130 Wireless facilities in the public right -of -way. 17.82.140 Nonconforming facilities. 17.82.150 Fees. 17.82.010 Purpose, intent and goals. A. Purpose The purpose of this Chapter is to provide a uniform and comprehensive set of standards for the permitting, design, placement, affixing, attachment, mounting, construction, erection, installation, development, use, operation, maintenance and modification of Wireless Facilities, Wireless Transmission Devices and related Support Structures and Accessory Equipment 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; (ii) preserve the aesthetic appearance of the Rosemead community; (iii) 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; (iv) promote approaches to designing and siting of wireless facilities and Wireless Transmission Devices which are more compatible and harmonious with their surroundings; and (v) promote the goals and policies of this Chapter and the Rosemead General Plan. 3 EXHIBIT B C. Goals The goals of this Chapter 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 users of Wireless Facilities and Wireless Transmission Devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated; 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. 17.82.020 Definitions. For purposes of this chapter, the following terms shall have the meaning set forth under this Section: "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. 4 EXHIBIT B "Administrative Co- location" shall have the same meaning as the term "co- location facility" as defined under Section 65850.6 of the California Government Code which generally refers to a type of co- location (as defined herein). Under Section 65850.6 of the California Government Code, Administrative Co- location requires a non - discretionary approval when all of necessary circumstances and conditions set forth under Section 65850.6 of the California Government Code are met. "Alternative Siting Structure" means a building, structure or improvement (usually pre- existing) 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 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 360 degrees; 2. Antenna — Fagade 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 EXHIBIT B 5. Antenna - Ground Mounted which is any antenna with its base placed directly on the ground or mounted to a pole, lattice tower or other freestanding support structure specifically constructed for the purpose of supporting the antenna. 6. Antenna — Omni Directional which transmits and /or receives radio frequency signals in a 360 degree radial pattern, including but not limited to any antenna designed to receive video programming services via multipoint distribution services; 7. Antenna — Parabolic (also known as a "satellite dish antenna ") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and /or receive electromagnetic or radio frequency communication signs 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 Chapter, applies for authorization (i) 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 (ii) co- locate an additional antenna or other additional Wireless Transmission Device upon a pre- existing 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 Chapter 2.04 (City Council') of the Rosemead Municipal Code. "Co- locate ", "co- location" or "co- locating" means and refers to the act of placing, affixing, attaching, mounting, constructing, erecting, and /or installing: (i) an additional antenna or other additional Wireless Transmission Device, including related Accessory Equipment, upon a pre- existing Support Structure already containing one or more antennas, Wireless Transmission Devices and /or Accessory Equipment; (ii) 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 (iii) an additional wireless facility upon a single real property parcel already containing a Wireless Facility or Wireless Transmission Device, and related Support Structures, and /or Accessory Equipment. "Community Development Director" means the Community Development Director for the Rosemead Planning Division or designee. 6 EXHIBIT B "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 100% 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. "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. "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. "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 EXHIBIT B "Personal Wireless Services" as used in this Chapter shall have the same meaning as applied to the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(i)) which includes "commercial mobile services ", "unlicensed wireless services ", and "common carrier wireless exchange access services ". By way of example and not limitation "commercial mobile services" include federally - licensed wireless telecommunications service such as cellular services, personal communications services ( "PCS "), specialized mobile radio services ( "SMR "), enhanced specialized mobile radio services ( "ESMR "), paging and like services that may be developed in the future. "Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(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. "Satellite dish antenna' means any parabolic (bowl- shaped) antenna which: (i) has a diameter greater than two (2) feet; (ii) is designed to receive satellite transmissions; (iii) is incapable of transmitting electromagnetic waves, including but not limited to radio frequency signals; and (iv) is external to or attached to the exterior of any building. "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. "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. 8 EXHIBIT B "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 (i) all 'Personal Wireless Service Facilities," all "Wireless Telecommunications Facilities" and all "Wireless Telecommunications Co- location Facilities" as defined herein, and (ii) any single combination of Wireless Transmission Devices, related Accessory Equipment and /or related Support Structures used in conjunction with one another at a specific location within a single real property parcel for the purpose of providing wireless services as defined herein. "Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who owns a Wireless Facility, Wireless Transmission Device, Support Structure and /or Accessory Equipment sited within the City of Rosemead. "Wireless Service(s)" means any type of 'Personal Wireless Services," "fixed wireless service," "wireless video service" as the same are defined herein or any other variety of wireless service involving the conveyance of telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like by means of Wireless Transmission Devices. "Wireless Service Provider" means any person who provides Wireless Services as defined herein or who otherwise owns, leases, and /or operates a Wireless Facility or a Wireless Transmission Device within the City of Rosemead. "Wireless Telecommunications Facility" or "Wireless Telecommunications Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "Wireless Telecommunications Co- location Facility" or "Wireless Telecommunications Co- location Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "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. 9 EXHIBIT B 17.82.030 Applicability. This Chapter applies to the placement, affixing, attachment, mounting, construction, erection, installation, co- location, development, use, operation and maintenance and modification of Wireless Facilities, Wireless Transmission Devices, Support Structures and related Accessory Equipment as the same are defined herein. 17.82.040 Exemptions. The following uses shall be exempt from the provisions of this Chapter: (i) any satellite dish antenna as defined under Section 17.04.020 (Definitions) of Chapter 17.04 (Definitions) of this Title; (ii) any satellite antenna that is one (1) meter (39.37 inches) or less in diameter and is designed to receive direct, but not transmit, broadcast satellite service, including direct -to -home satellite service, as defined under Section 205 of Title 47 of the United States Code of Federal Regulations; (iii) any antenna structure designed to receive, but not transmit, over - the -air UHF and /or VHF television broadcast transmission; (iv) any antenna structure that is designed to receive, but not transmit, over - the -air AM and /or FM radio broadcast; (v) any antenna used by authorized amateur radio stations licensed by the Federal Communications Commission; or (vi) . public safety communications facilities owned and operated by the City of Rosemead or the County of Los Angeles. 17.82.050 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 conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative co- location may be allowed as approved in subsection C of this section. B. Co- Location - General No person may co- locate a Wireless Facility or Wireless Transmission Device including related Accessory Equipment without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative co- location may be allowed as approved in subsection C of this section. C. Administrative Co- Location If, following the submission of a completed application form and all required materials set forth under Section 17.82.060, the Community Development Director determines that a proposed co- location qualifies as an "Administrative Co- location" as defined herein, such proposal shall not require a conditional use permit but shall be approved by the Community Development Director through the issuance of an Administrative Co- location permit. The foregoing 10 EXHIBIT B notwithstanding, an Administrative Co- location approval shall be subordinate and subject to the conditions of approval associated with the wireless telecommunications co- location facility to which it relates. Also, the life of an Administrative Co- location approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications co- location facility upon which the proposed Wireless Transmission Device and corresponding Accessory Equipment will be placed or installed. D. Preapproved Locations. 1. The City may approve by resolution, following a duly noticed public hearing, a list of sites which may be located on public property or within the public right of way and which are approved for Wireless Facilities, Wireless Transmission Devices, related Accessory Equipment. Each site shall include a description of permissible development and design characteristics, including, but not limited to, maximum height requirements. The City shall make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time. 2. All facilities located on a public property site which is preapproved in accordance with subsection D1 of this Section following the effective date hereof must obtain administrative approval from the Community Development Director in accordance with Administrative Co- location requirements of Section 17.82.070 of this title, and any additional or different requirements made applicable by this Chapter. 3. All leases of public property which are preapproved in accordance with subsection D1 of this Section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent technically feasible. 4. Requirement for Separate Lease Agreement: Any lease of City -owned property for the purpose of erecting a Wireless Facility, Wireless Transmission Device and any related Support Structures and Accessory Equipment shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve applicant of any obligations to obtain appropriate permits as required by this Code. E. Coordinated Antenna Plans 1. Requirements: Any Wireless Service Provider may apply for Planning Commission approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of proposed and potential future locations for Wireless Facilities, subject to the following requirements: 11 EXHIBIT B a. The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna. b. The CAP shall identify potential future locations by lot and parcel number. c. Applications for a CAP may be considered by the Planning Commission after holding a noticed public hearing thereon in accordance with Chapter 12.124 of this Title. d. Following Planning Commission approval of a CAP, each Wireless Facility that complies with the specifications of the CAP may be approved subject to an Administrative Co- Location permit in accordance with the requirements set forth in this Chapter. Except for the type of permit, nothing in this Section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this Chapter, and the Community Development Director may deny an Administrative Co- Location permit, or place conditions upon its approval, notwithstanding prior approval of a CAP. e. Any conditions placed on the approval of an Administrative Co- location permit for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP. f. Not withstanding any provision in Section 12.12.060 to the contrary, the CAP shall not vest any permanent rights to use the preapproved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire twenty four (24) months following its approval by the Planning Commission regardless of whether any Administrative Co- location permit has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefor, extend the term of the CAP for up to twenty four (24) additional months; no CAP shall continue longer than forty eight (48) months. 2. Findings: The Planning Commission shall approve a CAP based upon the following findings: a. The intent and purpose of this Chapter, and all its regulations and requirements will be preserved. b. Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP. 12 EXHIBIT B c. Any future facilities within the specifications of the CAP will be consistent with the General Plan and the uses permitted in this Zoning Title, subject to subsequent approval of an Administrative Co- location permit. 17.82.060 Application submission requirements. A. Applications for a conditional use permit under this Chapter, a Coordinated Antenna Plan, or for the approval of an Administrative Co- location shall be submitted to the Rosemead Planning Division on a form approved by the Community Development Director. B. The following information and documentation shall be required for all submittals: 1. Application Form Each applicant shall submit a completed application form which must include the following information: a. Applicant Information The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co- applicants. The following persons must be identified as applicants /co- applicants on any application form: (i) the Property Owner; (ii) the Wireless Service Provider who will use the proposed Wireless Facility, Wireless Transmission Device and any related Support Structures and Accessory Equipment; and (iii) the Wireless Facility owner, if different from either the Property Owner or the Wireless Service Provider. b. Project Location The street address and Assessor's Parcel Number of the real property where the Wireless Facility, Wireless Transmission Device, Support Structures and /or Accessory Equipment will be located. c. Property Easements The location and description of all easements, including public utility easements, encumbering the real property parcel where the Wireless Facility, Wireless Transmission Device, Support Structures and /or Accessory Equipment will be located. d. Coverage and Other Service Objectives The applicant shall include the following information in the application form: i. 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); ii. A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries 13 EXHIBIT B (e.g., whether and where it extends to in- building coverage, in- vehicle coverage and /or outdoor coverage). iii. A general summary of the applicant's good faith efforts 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 Facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, co- location opportunities or placement upon Alternative Siting Structures). iv. A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to subsection (A)(1)(d)(iii) of this Section, above, incapable of reducing any purported coverage gap to a de minimis level. e. Project Description. The applicant shall include the following information in the application form: i. A written description of the real property parcel where the proposed Wireless Facility, Wireless Transmission Device, Support Structure, and /or Accessory Equipment, including parcel size, width, depth, the location of mature trees, zoning designation and current use; ii. The type of Wireless Facility and /or the type, number and dimensions Wireless Transmission Devices, Support Structures, and /or Accessory Equipment proposed; iii. The proposed height of any proposed Support Structure or the height of any existing Support Structure upon which any Wireless Transmission Device and /or Accessory Equipment may be placed; iv. The specific location within the real property parcel of any proposed Wireless Facility and any proposed Wireless Transmission Devices, Support Structures or Accessory Equipment; v. The proposed location of all above and below ground wiring and connection cables; vi. 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; vii. The design and screening treatment selected for the proposal; 14 EXHIBIT B viii.Whether any proposed Support Structures or any existing Support Structure is structurally suitable and capable of accommodating (i.e., co- locating) additional antennas or other Wireless Transmission Devices as well as Accessory Equipment. 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, or Support Structures proposed. g. Noise and Acoustical Information An inventory and description of any proposed noise - generating Wireless Transmission Devices and Accessory Equipment, including but not limited to air conditioning units and back -up generators. The description shall set forth noise and acoustical information including anticipated decibel levels of noise which would be produced. h. Disclosure of Removal Costs For the purpose of establishing the appropriate amount of any performance bond or other security required under this Chapter for the removal of any approved Wireless Facility, Wireless Transmission Device and related Support Structures and /or Accessory Equipment, the applicant shall state the reasonable estimated cost of removing any approved Wireless Facility, Wireless Transmission Device and related Support Structures and /or Accessory Equipment. The applicant shall supplement the application for with substantial evidence that corroborates its removal cost estimate. Administrative Co- location If the applicant contends a proposed co- location qualifies as an Administrative Co- location as defined herein, the applicant shall so state on the application form and 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 and the existence of all necessary circumstances and conditions set forth under the same at the time an application is submitted and approved. 2. Site Plan Along with a completed application, 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 15 EXHIBIT B 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 Along with a completed application form, 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. Structural Engineer's Report Along with the application form, each applicant shall submit a report from a structural engineer, licensed by the State of California, regarding the number and type of Wireless Transmission Devices and Accessory Equipment a proposed Support Structure or a proposed Alternative Siting Structure is capable of supporting and the appropriate shape and dimensions for any proposed Wireless Transmission Devices and Accessory Equipment. 5. Landscaping Plan Along with a completed application form, each applicant shall submit a landscape, screening and landscape irrigation plan. Such plan shall identify and describe existing surrounding landscaping and landscape vegetation (i.e. trees, shrubs and plants); identify and describe vegetation to be removed; and depict and describe in terms of type, size and location proposed plantings of new landscape vegetation. Such plan shall demonstrate how the landscaping and landscape vegetation shall be designed and configured to screen Wireless Facilities, Wireless Transmission Devices, Support Structures, and Accessory Equipment from public view or better camouflage stealth- designed facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the preservation of existing, un- removed vegetation during construction and installation phases. The landscape plan shall also demonstrate the availability of any required irrigation facilities on -site. The requirement for a landscape, screening and landscape irrigation plan 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. 6. Visual Analysis Along with a completed application form, each applicant shall submit a visual impact analysis including scaled elevation diagrams which: 16 EXHIBIT B a. Demonstrates the potential visual impacts of any proposed Wireless Facility, Wireless Transmission Device, Support Structure, or Accessory Equipment; b. Includes before and after photo simulations from various locations and /or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and c. Where the installation would be readily visible from the public right -of -way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective. The Community Development Director may require a field mock -up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site. 7. Justification Report Along with a completed application form, the applicant shall also submit a Justification Report which: a. Describes and explains in detail 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); b. Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring; c. Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); d. 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 (1) mile radius of the proposed site and co- location opportunities or alternative site structure opportunities within the search ring; e. 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; 17 EXHIBIT B and alternative siting options (e.g., alternative locations within the search ring, co- location opportunities or placement upon Alternative Siting Structures); f. Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level; g. 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 for reducing any purported coverage gap to a de minimis level. 8. Propagation and Coverage Reports The justification report shall be accompanied by a radio frequency engineer's propagation and coverage report and corresponding maps which identify, describe and depict the location and geographic scope of any purported gap in network coverage; and the nature and scope of the coverage gap (e.g. whether it extends to in -door, in- vehicle and /or outdoor service and /or whether it is the result of inadequate network capacity). Signal level indicators on maps must show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend. The applicant shall submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal. The propagation and coverage report and corresponding maps shall be prepared by a qualified and duly licensed radio frequency engineer. 9. Narrative Description and Map of Other Facilities Along with a completed application form, 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. 10. FCC and CPUC Approvals Along with a completed application form, 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. 18 EXHIBIT B I. Radio Frequency Emissions and Signal Interference Analysis: Along with a completed application form, 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; and 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 co- located upon a single Support Structure or Alternative Siting Structure; if placed upon a real property parcel already containing a Wireless Facility, Wireless Transmission Devices, and /or Accessory Equipment; or if placed upon a real property parcel immediately adjacent to another real property parcel containing a Wireless Facility, Wireless Transmission Device, and /or Accessory Equipment; e. Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and /or public safety communications; f. Confirms that all proposed Wireless Transmission Devices and Accessory Equipment shall be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and /or public safety communications; g, In addition its technical narrative and discussion of the issues to be addressed, the analysis shall also include a non - technical executive summary presented in a concise and easy -to -read format that clearly explains in a non- technical manner the current site conditions, conditions with the proposed 19 EXHIBIT B Wireless Facility, Wireless Transmission Devices and /or Accessory Equipment included and FCC thresholds as they relate to all applicable emissions standards. 12. Co- location 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 co- location 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 co- location contemplated under this subsection. 17.82.070 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 17.82.060, the Community Development Director shall undertake a review and evaluation of the applicant's proposal for the purpose of preparing a written report to the Planning Commission 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 conditional use permit approval is sought. B. Public Hearing Notice The procedure set forth in Chapter 17.124 of this Title shall constitute the procedure for conducting public hearings on a conditional use permit for a Wireless Facility or Wireless Transmission Devices, and any Accessory Equipment except as otherwise specifically provided in this chapter. C. Findings Necessary for Approval No conditional use permit shall be approved unless the Planning Commission, or the City Council in the course of an appeal, makes all of the following findings supported by substantial evidence: 1. The applicant has submitted all applicable information, documentation and materials required under Section 17.82.060; 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 20 EXHIBIT B 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 mandatory 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, co- location opportunities or placement upon Alternative Siting Structures); 5. In comparison to other identified, studied, and evaluated alternatives that are equally if not more capable of addressing the applicant's service objectives, the proposal to be approved is the most consistent with the standards, goals, and objectives of this Chapter and the Rosemead General Plan; With respect to proposals for Personal Wireless Facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant's service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level. D. Findings Necessary for Denial of Personal Wireless Service Facilities Notwithstanding any other findings made in support of the denial of a conditional use permit under this Chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing: 1. The applicant has failed to present any of the information, documentation or material required under Section 17.82.060, above; or 2. Substantial evidence presented as part of the record fails to establish the existence of a significant gap in Personal Wireless Service coverage within the Personal Wireless Service network of a Personal Wireless Service Provider applicant or co- applicant; or 3. Notwithstanding the existence of a significant gap in Personal Wireless Service coverage within the applicant's coverage network, substantial evidence 21 EXHIBIT B presented upon the record fails to establish that of all reasonably feasible alternatives capable of reducing the coverage gap to a de minimis level, the proposal for which a conditional use permit is sought is the least intrusive upon the goals and standards of this Chapter and the Rosemead General Plan; or 4. 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 5. 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, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. E. Prohibited Grounds for Denial Notwithstanding, any other provisions of this Section, the denial of a conditional use permit may not be based on the environmental effects of radio frequency emissions for Personal Wireless Facilities that comply with FCC radio frequency emissions standards. F. Requirements for Administrative Co- Location Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Community Development Director, or the City Manager in the course of an appeal, shall administratively approve as a permitted use any proposed co- location which qualifies as an Administrative Co- location in the reasonable judgment of the Community Development Director based on the information submitted pursuant to Section 17.82.060 of this Chapter. Included as part of the necessary requirements for an Administrative Co- location is the requirement that the proposed co- location satisfies all modifications or conditions required for co- location with the corresponding wireless telecommunications co- location facility as defined herein. G. Applicant's Evidentiary Burden Each applicant is responsible for presenting substantial evidence upon the record that adequately supports the findings and determinations necessary for the approval of a conditional use permit or that confirms the conditions necessary to authorize the issuance of an Administrative Co- location permit under this Chapter or which adequately rebuts any findings in favor of a denial for the same. With respect to conditional use permit approvals substantial evidence includes, but is not limited to, substantial evidence which: 1. Identifies and establishes the location and geographic boundaries of any purported gap in network coverage; 22 EXHIBIT B 2. Identifies and establishes the nature of a purported gap in network coverage (e.g. whether it is the result of inadequate signal strength or inadequate service capacity); 3. Identifies and establishes the scope of any purported coverage gap at various locations with the geographic boundaries of the gap (e.g. where it is limited to in- building coverage, in- vehicle coverage and outdoor coverage etc.); 4. Demonstrates, details, and explains the applicant's good faith efforts 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; and alternative siting options (e.g. alternative locations within the search ring, co- location opportunities or location upon Alternative Siting Structures); and 5. Details and explains those specific circumstances, conditions or other factors which render each of the identified alternatives incapable of reducing the purported coverage gap to a de minimis level; 6. Demonstrates that the proposal complies or, with the addition of modifications or conditions to the proposal, can be made to comply with FCC radio frequency emissions standards or standards relating to signal interference with consumer electronic products and /or public safety communications; and 7. Demonstrates that any proposed Wireless Facility, Wireless Transmission Device, Support Structure or Accessory Equipment satisfies or, with the addition of modifications or conditions to the proposal, can be made to comply, with applicable building, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. H. Appeal — Conditional Use Permits If an applicant, or any interested party, is dissatisfied with any denial, approval or conditioned approval of a conditional use 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 Chapter 17.124.070 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. I. Appeal — Administrative Co- Location If an applicant contends that a request for an Administrative Co- location 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 Community Development Director 23 EXHIBIT B issuance of notice that a requested co- location fails to qualify as an Administrative Co- location or fails to satisfy any other applicable requirements for approval under this Chapter. In reviewing the matter on appeal, the City Manager shall be required to make the same determinations as would otherwise be required of the Community Development Director. The decision of the City Manager shall be final. 17.82.080 General development standards. A. Location. The placement or siting of Wireless Facilities, Wireless Transmission Devices, Support Structures and Accessory Equipment shall be subject to the following approval requirements, parameters and preferences: 1. In order to minimize the unnecessary proliferation of Wireless Facilities, Wireless Transmission Devices, and related Support Structures and Accessory Equipment and in order to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight, each applicant in identifying, studying and evaluating alternative placement and siting options and the Planning Commission or City Council 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 Transmission Device and related Accessory Equipment are co- located 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 or Wireless Transmission Device and related Accessory Equipment and Support Structures are integrated, camouflaged and concealed within the decorative design features of a building such as the steeple of a church building, parapets, faux chimneys or other similar design feature. c. Proposals in which a Wireless Facility or Wireless Transmission Device and related Accessory Equipment and Support Structures are mounted and screened upon the roof of a multi -story industrial or commercial building capable of safely accommodating such facilities, devices, equipment and structures. d. Proposals in which an individual Wireless Transmission Device and related Accessory Equipment 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. 24 EXHIBIT B 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 Transmission Device and related Accessory Equipment are mounted on the fagade of a building, water tower, or other like structure in a manner that does not camouflage, integrate and conceal such devices and equipment within the decorative design features of the building or structure. 2. Wireless Facilities, Wireless Transmission Devices, Support Structures and Accessory Equipment are permitted in the following locations: a. Real property exclusively owned by the City of Rosemead, a School District as defined herein in fee simple, or by a public utility. b. Property in the M -1 and O -S zones; 3. Except as otherwise authorized under Section 12.82.080 A.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 feet (1000') from any existing Wireless Facility support structure. 4. The location of Wireless Facilities, Wireless Transmission Devices, support structures and /or Accessory Equipment shall be restricted to developed real property parcels or proposed as part of a larger development project. 5. The Planning Commission, or the City Council in the course of an appeal, may authorize the location of Personal Wireless Facilities as defined herein at locations otherwise prohibited under subsections (A)(1) through (A)(4) of this Section, above, but only upon a finding 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 25 EXHIBIT B Section, above, must still satisfy all other applicable conditions and findings necessary for conditional use permit approval. 6. As between possible or competing location proposals, the Community Development Director and the Planning Commission shall encourage proposals that contemplate co- location 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 feet (60') 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 feet (10') above the roofline and shall be setback from the roof edge by a ratio of one foot for each foot of projection above the roofline. A facility shall be exempt from the foregoing requirement if it is mounted within an existing enclosed roof structure or an architectural feature, such as a parapet wall or similarly designed features so as to integrate and camouflage the Wireless Facility, Wireless Transmission Device and related Support Structures and Accessory Equipment within the structure or building. 3. Accessory and Support Structures All Wireless Facilities, Wireless Transmission Devices, Support Structures, and Accessory Equipment shall comply with accessory height requirements for the particular zoning district in which they are located. C. Ground Mounted Facilities — Setback Requirements and Guidelines. Ground mounted Wireless Facilities or Wireless Transmission Devices shall comply with the following requirements and guidelines: 1. Front: Such facilities shall not be permitted in a required front yard of any property located in any type of zone within the City of Rosemead, unless otherwise authorized under the terms of a conditional use permit; 2. Side: Such facilities shall not be permitted within a required side yard; 3. Rear: Such facilities may be located in the rear yard of a property at a location that is out of view from the public right -of -way. 26 EXHIBIT B 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 17.12.290 where applicable. 5. No Wireless Facility, Wireless Transmission Device or related Support Structures, and Accessory Equipment shall extend beyond the property lines. For purposes of this Chapter, the terms "front yard" and "side yard" shall have the same meaning as set forth under Section 17.04.020 of this Title. 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 vandalism and to facilitate the fast and effective removal of graffiti. 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. The Planning Commission or the City Council in the course of an appeal may waive screening requirements where it determines that such measures are not necessary or aesthetically appropriate given the nature of the proposal. E. Accessory Equipment: 27 EXHIBIT B 1. Any and all Accessory Equipment shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which the equipment is located. 2. If located above ground, Accessory Equipment shall be screened, camouflaged and /or concealed in a manner that is aesthetically and visually compatible with the architecture and design of surrounding buildings, structures and landscaping and in a manner that hides such equipment from public view or otherwise camouflages and conceals is presence. 3. If Accessory Equipment is located outdoors and is in public view, the Planning Commission, where it deems appropriate, may require the applicant to provide a solid masonry block wall, or such other aesthetically compatible material acceptable to the Community Development Director that will screen such equipment from view. F. Signs Wireless Facilities shall not display or otherwise bear signs or advertising devices other than certification, warning, or other required seals or signage. Nothing in this subsection shall prohibit the Planning Commission or the City Council in the course of an appeal from approving a Stealth Facility which is camouflaged and disguised as a freestanding sign. G. Lighting: Lighting shall not be permitted on facilities unless required as a public safety measure, by Federal Aviation Administration, or other government agencies with superseding jurisdiction over lighting issues. If lighting is required, the facilities shall be designed to minimize glare and light overflow onto neighboring properties. H. 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: 1. 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. 2. 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. 28 EXHIBIT B 3. 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. 4. All proposed monopoles shall be a round shape, slim or tapered in design and shall be of a kind that will permit co- location by other Wireless Service Providers. 5. 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. 6. 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 right -of -ways. I. Noise All Wireless Facilities, Wireless Transmission Devices, and Accessory Equipment shall be constructed and operated in such a manner as to minimize the amount of noise impacts to residents of nearby residential properties, the users of recreational areas such as public parks and public open spaces, or the occupants of hospitals and schools. If a Wireless Facility, Wireless Transmission Device and /or Accessory Equipment is located within two hundred (200) feet of any of the foregoing types of properties or uses, noise attenuation measures shall be included to reduce noise levels to a level of 50 dBA measured at the property line. 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 10:00 p.m. and 7:00 a.m. J. RF and Other Emissions Requirements 1. 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 co- located or otherwise located upon the same real property parcel. 2. All Wireless Facilities, Wireless Transmission Devices, and Accessory Equipment shall comply with all rules, regulations and standards, including compliance with non - ionizing electromagnetic radiation (NIER) 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 conditional use permit or Administrative Co- location 29 EXHIBIT B 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 (6) months of the effective date of such rule, standard and /or regulation, unless a more stringent compliance schedule is mandated by the controlling agency. 3. 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. 4. 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 co- location sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency. 5. 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. 6. 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 conditional use permit or Administrative Co- location approval. 30 EXHIBIT B 7. To verify ongoing compliance with FCC operating and emissions standards, the recipient(s) /holders(s) of a conditional use permit or Administrative Co- location 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 conditional use permit or Administrative Co- location authorization may be revoked. If at any time the facility proves to be in non- compliance with FCC operating and emissions standards, the non - compliant Wireless Facility, Wireless Transmission Device or Accessory Equipment shall cease all operating. The recipient(s) /holder(s) of the conditional use permit or Administrative Co- location approval shall have sixty (60) calendar days from the date of such disclosure to the City to bring the non - compliant facility, device or equipment into compliance. If the facility, device or equipment remains non- compliant on the 61S day the City may revoke the conditional use permit or Administrative Co- location approval for the non - compliant facility, device or equipment. 8. Any violation of this Section 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 non - compliant facilities, devices and /or equipment by the City at the Property Owner's expense. K. Performance Bond As a condition of approval for any conditional use permit or any Administrative Co- location 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 conditional use permit or Administrative Co- location authorization. L. FAA Compliance All Wireless Facilities subject to Federal Aviation Administration ( "FAA ") lighting requirements and height restrictions shall remain in compliance with all such restrictions as a condition of approval. All permittees shall provide the Community Development Director with proof of such compliance upon request. 17.82.090 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. 31 EXHIBIT B B. Graffiti Vandalism and Damage All Wireless Facilities, Wireless Transmission Devices, Support Structures, Alternative Siting 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 either 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. For purposes of this Chapter the term "graffiti" refers to any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface by any means. C. Landscaping Any conditional use permit approval or Administrative Co- location 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 Community Development Director. D. Maintenance of Certain Stealth Facilities Stealth Facilities designed to appear as flagpoles must have a flag flown upon the structure and such flag must be properly maintained at all times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a new flag. Light fixtures included as part of Stealth Facilities designed appear as light standard or other lighting structures shall be operable at all times. Damaged, defective or burn -out light fixtures shall be replaced promptly. E. Contact Information A permanent, weather -proof identification sign must be placed . on the gate of the fence surrounding a Wireless Facility or, if there is no fence, at an accessible and conspicuous location approved by the Community Development Director. The sign must state the name, address, phone number of the owner of the real property parcel where the subject Wireless Facility, Wireless Transmission Device, Support Structure, Alternative Siting Structure, or Accessory Equipment is located, the Wireless Service Provider using the equipment, and the owner of the equipment, if different from owner of the real property parcel or the Wireless Service Provider. Fax numbers and e-mail contact number shall also be included, if available. If the owner of the real property parcel where the subject Wireless 32 EXHIBIT B Facility, Wireless Transmission Device, Support Structure, Alternative Siting Structure, or Accessory Equipment is located has no other contact information, other than a residential telephone number or residential address, the Planning Commission may maintain such information as part of the records of the City of Rosemead in lieu of appearing on any signage. F. Maintenance Responsibility The compliance with the maintenance obligations set forth under this Section shall be a joint and several obligation of the following parties: 1. 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 2. The owner of the real property parcel where a Wireless Facility, Wireless Transmission Device, Support Structure, Alternative Siting Structure, and Accessory Equipment are located. 17.82.100 Abandonment or discontinuance of use - Removal of facilities. A. Notice to City A Wireless Service Provider shall provide written notice by certified U.S. mail to the Community Development Director and the Chief Building Official in the event (i) the Wireless Service Provider intends to terminate or otherwise abandon its use of a Wireless Facility or individual Wireless Transmission Device; or (ii) 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 entails and includes the restoration of the site to its original condition prior to the installation of the Wireless Facility, excluding any landscape improvements. 33 EXHIBIT B C. Failure to Timely Dismantle or Remove If the dismantling and physical removal of a Wireless Facility or Wireless Transmission Device in the manner contemplated under subsection (B) of this Section, above, is not completed by the date indicated in the notice referenced under subsection (A) of this Section, above, the Chief Building Official shall issue notice to the Wireless Service Provider and the owner of the real property parcel that the Wireless Facility or Wireless Transmission Device must be completely dismantled and removed within sixty (60) calendar days from the dismantling and removal date originally noticed by the Wireless Service Provider pursuant to subsection (A) of this Section. D. Constructive Abandonment of Facilities A Wireless Facility or individual Wireless Transmission Device that remains inoperative or unused for a period in excess of one hundred and eighty (180) calendar days shall be deemed abandoned for purposes of this Section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights as contemplated under Section 17.82.110, below. After 180 calendar days of inoperability or nonuse, the Chief Building Official shall issue notice to the Wireless Service Provider and the owner of the real property parcel that the Wireless Facility or Wireless Transmission Device must be completely dismantled and removed within (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 17.82.120 of this Chapter. 18.82.110 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: (i) the issuance of sixty (60) calendar days prior written notice of any such assignment to the Community Development Director and the Chief Building Official; (ii) the forwarding of the official name and contact information of the prospective assignee; and (iii) the assignee's written acknowledgement and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject 34 EXHIBIT B Wireless Facility or subject Wireless Transmission Device as provided under this Chapter or any conditional use permit or other approval issued under this Chapter. 17.82.120 Revocation. A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a conditional use permit or other approval issued pursuant to this Chapter. Upon making a determination that the permit should be revoked, the deciding body may, at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead Municipal Code. Grounds for revocation include the finding that: 1. The Wireless Service Provider or Property Owner has abandoned or otherwise ceased its use of the Wireless Facility or an individual Wireless Transmission Device; or, 2. The Wireless Service Provider or Property Owner has failed to bring the Wireless Facility, an individual Wireless Transmission Device, Support Structure or Accessory Equipment into compliance with the conditions of approval, or the requirements of this Chapter, within any time period provided for in this Chapter or within any other extended time period set forth by the Community Development Director or the Chief Building Official; or 3. The Wireless Facility, Wireless Transmission Device, or Accessory Equipment no longer complies with applicable health and safety regulations promulgated by the FCC or the Federal Aviation Administration and the recipient(s) /holder(s) of a conditional use permit or Administrative Co- location approval have failed to timely bring such facilities, devices and equipment into compliance. 17.82.130 Wireless facilities in the public right -of -way. A. Section 7901 of the California Public Utilities Code confers upon telephone corporations as defined herein the right to construct telephone lines and equipment "along and upon any public road or highway" in such manner and at such points as "not to incommode the public use of the road or highway." Public Utilities Code section 7901.1 authorizes a municipality to "exercise reasonable control' over the time, place, and manner in which roads and highways are accessed. In 2006, the State Legislature adopted the Digital Infrastructure and Video Competition Act of 2006 (the "Act'), which established a state franchising system for video service providers that is administered by the Public Utilities Commission. The Act added Section 5885 to the Public Utilities Code, which requires local entities, including cities, to allow a state video franchise holder to install, construct, and maintain a "network" within public rights -of -way under the same time, place, and manner provisions that apply to telephone corporations under applicable state and federal law, including the provisions of Public Utilities Code section 7901. 35 EXHIBIT B B. 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 through the encroachment permit process and procedures that are specified in Title 12 of the Rosemead Municipal Code. Enforcement of the City's time, place, and manner requirements specified in Title 12 is the responsibility of the Superintendent of Streets or designee. 17.82.140 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 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. 17.82.150 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 conditional use permits issued pursuant to this Chapter. The fee for processing and reviewing applications for Administrative Co- location permits shall be the same as for Site Plan Review as established by the City Council. SECTION 6. The Planning Commission does hereby recommend that Subsection 33 be added to Section 17.112.030 (Uses permitted in specific zones) of the Rosemead Municipal Code to read as follows: 33. Wireless Facilities, Wireless Transmission Devices, Support Structures and related Accessory Equipment subject to the regulations in Chapter 17.82 of this Title. 36 EXHIBIT B SECTION 7. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL APPROVAL of Municipal Code Amendment 10 -01, establishing regulations for the development of wireless telecommunications facilities within the City of Rosemead. SECTION 8. This resolution is the result of an action taken by the Planning Commission on April 5, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 8. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 5th day of April, 2010. Diana Herrera, Chairwoman CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on 5th day of April, 2010, by the following vote: YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary 37 EXHIBIT B ORDINANCE NO. 892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 17.82 (WIRELESS TELECOMMUNICATIONS FACILITIES) WHICH ESTABLISHES DEVELOPMENT AND APPROVAL STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES, DEVICES, STRUCTURES AND EQUIPMENT USED FOR WIRELESS TRANSMISSIONS WITHIN THE CITY OF ROSEMEAD. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . Findings. The following findings are adopted in support of the amendment to the Zoning Ordinance to establish development and approval standards for Wireless Telecommunications Facilities. A. The City of Rosemead has received an increasing number of applications for the construction, modification, and /or placement of wireless telecommunications facilities throughout the City; and B. The wireless telecommunications technology is changing rapidly and the most advanced technology today may become obsolete in a few years; and C. Changes in wireless telecommunications technology, coupled with the desire of wireless telecommunications providers to increase wireless telecommunications services in the City and surrounding area will likely produce additional permit applications for the placement or modification of wireless telecommunications facilities within the City of Rosemead; and D. Citizens of the City of Rosemead have expressed concerns regarding the impact that a proliferation of wireless telecommunications facilities within the City may have on the community as a whole, including, safety, noise, lighting, visibility, adverse visual impacts, and the incompatibility of commercial uses in residential zones; and E. Citizens of the City of Rosemead have a desire that the City receive adequate wireless telecommunications service provided that the facilities are designed and located to minimize the concerns above; and F. The City Council finds that it is necessary and appropriate to provide a uniform and comprehensive set of guidelines for the development, operation, and maintenance of wireless telecommunications facilities consistent with applicable federal regulations. The guidelines are designed to ensure aesthetic quality of the City, 1 EXHIBIT C minimize the adverse impacts of wireless telecommunications facilities, and to create reasonable regulations in conformance with goals and policies of the General Plan, while providing for the communication needs of residents, businesses, visitors and government within the City of Rosemead. SECTION 2 . The City Council hereby makes a finding of adequacy with the Negative Declaration and HEREBY ADOPTS the Negative Declaration, as the environmental clearance for Municipal Code Amendment 10 -01. The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. SECTION 3. The City Council HEREBY FINDS AND DETERMINES that Municipal Code Amendment 10 -01 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. SECTION 4. The City Council FINDS AND DETERMINES that it is necessary and appropriate to provide a uniform and comprehensive set of regulations for the development, operation, and maintenance of wireless telecommunications facilities consistent with applicable federal laws and regulations. The regulations are designed to ensure aesthetic quality of the City, minimize the adverse impacts of wireless telecommunications facilities, and to create reasonable regulations in conformance with goals and policies of the General Plan, while providing for the communication needs of residents, businesses, visitors and government within the City of Rosemead. SECTION 5. The City Council FURTHER FINDS AND DETERMINES that Municipal Code Amendment 10 -01 is consistent with the Rosemead General Plan as follows: The WTF regulations are consistent with General Plan Land Use Policy 1.2, which prohibits non - residential uses in residential zones to prevent land use conflicts. The adoption of a unified set of regulatory standards for WTFs will promote the continued development of commercial centers by allowing for the growth of telecommunications services that are required in a modern business environment. This will further Land Use Policy 2.1). The locational and design standards contained within the proposed WTF regulations are consistent with the goal of Land Use Policy 2.5 to apply architectural standards to new commercial development. The public necessity, convenience, and general welfare will be served by the adoption of the WTF regulations that provides for application review procedures that will be in compliance with Federal and State law. The regulations will also include detailed 2 EXHIBIT C design guidelines and requirements to improve the aesthetic appearance of wireless facilities which will serve the general welfare. NOW, THEREFORE the City Council of the City of Rosemead, County of Los Angeles, State of California, does hereby find, determine and ordain as follows: SECTION 6. Code Amendment. Section 17.12.120 (Height of buildings) of the Rosemead Municipal Code is HEREBY AMENDED as follows: No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs or other structures shall exceed the height limit provided in this title. Radio and television masts and other equipment as described in Section 17.82.040 of this Title as well as steeples and flagpoles may extend not more than thirty (30) feet above the height limit provided in this title, provided that in the opinion of the Building Inspector the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. SECTION 7. Code Amendment. Chapter 17.82 (Wireless Telecommunications Facilities) shall be added to Title 17 of the Rosemead Municipal Code to read as follows: Chapter 17.82 WIRELESS TELECOMMUNICATIONS FACILITIES Sections: 17.82.010 Purpose, intent and goals. 17.82.020 Definitions. 17.82.030 Applicability. 17.82.040 Exemptions. 17.82.050 Required approvals; expiration and renewals. 17.82.060 Application submission requirements. 17.82.070 Approval procedures - Required findings. 17.82.080 General development standards. 17.82.090 Maintenance and security. 17.82.100 Abandonment or discontinuance of use - Removal of facilities. 17.82.110 Transfer of operation. 17.82.120 Revocation. 17.82.130 Wireless facilities in the public right -of -way. 17.82.140 Nonconforming facilities. 17.82.150 Fees. 17.82.010 Purpose, intent and goals. A. Purpose The purpose of this Chapter is to provide a uniform and comprehensive set of standards for the permitting, design, placement, affixing, attachment, mounting, EXHIBIT C construction, erection, installation, development, use, operation, maintenance and modification of Wireless Facilities, Wireless Transmission Devices and related Support Structures and Accessory Equipment 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; (ii) preserve the aesthetic appearance of the Rosemead community; (iii) 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; (iv) promote approaches to designing and siting of wireless facilities and Wireless Transmission Devices which are more compatible and harmonious with their surroundings; and (v) promote the goals and policies of this Chapter and the Rosemead General Plan. C. Goals The goals of this Chapter 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 users of Wireless Facilities and Wireless Transmission Devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated; 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 4 EXHIBIT C 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. 17.82.020 Definitions. For purposes of this chapter, the following terms shall have the meaning set forth under this Section: "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 Co- location" shall have the same meaning as the term "co- location facility" as defined under Section 65850.6 of the California Government Code which generally refers to a type of co- location (as defined herein). Under Section 65850.6 of the California Government Code, Administrative Co- location requires a non - discretionary approval when all of necessary circumstances and conditions set forth under Section 65850.6 of the California Government Code are met. "Alternative Siting Structure" means a building, structure or improvement (usually pre- existing) 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 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 5 EXHIBIT C 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 360 degrees; 2. Antenna — Fagade Mounted which is any antenna directly attached or affixed to the elevation of a building, tank, tower or other structure; 3. Antenna — Flush Mounted which is mounted to a structure which does not project above the facade to which it is mounted; 4. Antenna — Roof Mounted which is mounted to the roof of a building or similar structure. 5. Antenna — Ground Mounted which is any antenna with its base placed directly on the ground or mounted to a pole, lattice. tower or other freestanding support structure specifically constructed for the purpose of supporting the antenna. 6. Antenna — Omni Directional which transmits and /or receives radio frequency signals in a 360 degree radial pattern, including but not limited to any antenna designed to receive video programming services via multipoint distribution services; 7. Antenna — Parabolic (also known as a "satellite dish antenna ") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and /or receive electromagnetic or radio frequency communication signs 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 Chapter, applies for authorization (i) 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 (ii) co- locate an additional antenna or other additional Wireless Transmission Device upon a pre- existing Support Structure or Alternative Siting Structure already containing one or more antenna or other Wireless Transmission Devices. 6 EXHIBIT C "City Council" means the governing body of the City of Rosemead organized pursuant to Chapter 2.04 (City Council') of the Rosemead Municipal Code. "Co- locate ", "co- location" or "co- locating" means and refers to the act of placing, affixing, attaching, mounting, constructing, erecting, and /or installing: (i) an additional antenna or other additional Wireless Transmission Device, including related Accessory Equipment, upon a pre- existing Support Structure already containing one or more antennas, Wireless Transmission Devices and /or Accessory Equipment; (ii) 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 (iii) an additional wireless facility upon a single real property parcel already containing a Wireless Facility or Wireless Transmission Device, and related Support Structures, and /or Accessory Equipment. "Community Development Director" means the Community Development Director for the Rosemead Planning Division or designee. "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 100% 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. "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. "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 7 EXHIBIT C 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. "Person" means a natural person or a business entity or organization, other than a public agency, including a corporation, partnership, limited liability company, proprietorship, joint venture, association, cooperative, estate, or trust. "Personal Wireless Services" as used in this Chapter shall have the same meaning as applied to the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(i)) which includes "commercial mobile services ", "unlicensed wireless services ", and "common carrier wireless exchange access services ". By way of example and not limitation "commercial mobile services" include federally - licensed wireless telecommunications service such as cellular services, personal communications services ( "PCS "), specialized mobile radio services ( "SMR "), enhanced specialized mobile radio services ( "ESMR "), paging and like services that may be developed in the future. "Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(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. "Satellite dish antenna' means any parabolic (bowl- shaped) antenna which:. (i) has a diameter greater than two (2) feet; (ii) is designed to receive satellite transmissions; (iii) is incapable of transmitting electromagnetic waves, including but not limited to radio frequency signals; and (iv) is external to or attached to the exterior of any building. 8 EXHIBIT C "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. "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 (i) all "Personal Wireless Service Facilities," all "Wireless Telecommunications Facilities" and all "Wireless Telecommunications Co- location Facilities" as defined herein, and (ii) any single combination of Wireless Transmission Devices, related Accessory Equipment and /or related Support Structures used in conjunction with one another at a specific location within a single real property parcel for the purpose of providing wireless services as defined herein. "Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who owns a Wireless Facility, Wireless Transmission Device, Support Structure and /or Accessory Equipment sited within the City of Rosemead. "Wireless Service(s)" means any type of "Personal Wireless Services," "fixed wireless service," "wireless video service" as the same are defined herein or any other variety of wireless service involving the conveyance of telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like by means of Wireless Transmission Devices. 9 EXHIBIT C "Wireless Service Provider" means any person who provides Wireless Services as defined herein or who otherwise owns, leases, and /or operates a Wireless Facility or a Wireless Transmission Device within the City of Rosemead. "Wireless Telecommunications Facility" or "Wireless Telecommunications Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "Wireless Telecommunications Co- location Facility" or "Wireless Telecommunications Co- location Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "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. 17.82.030 Applicability. This Chapter applies to the placement, affixing, attachment, mounting, construction, erection, installation, co- location, development, use, operation and maintenance and modification of Wireless Facilities, Wireless Transmission Devices, Support Structures and related Accessory Equipment as the same are defined herein. 17.82.040 Exemptions. The following uses shall be exempt from the provisions of this Chapter: (i) any satellite dish antenna as defined under Section 17.04.020 (Definitions) of Chapter 17.04 (Definitions) of this Title; (ii) any satellite antenna that is one (1) meter (39.37 inches) or less in diameter and is designed to receive direct, but not transmit, broadcast satellite service, including direct -to -home satellite service, as defined under Section 205 of Title 47 of the United States Code of Federal Regulations; (iii) any antenna structure designed to receive, but not transmit, over - the -air UHF and /or VHF television broadcast transmission; (iv) any antenna structure that is designed to receive, but not transmit, over - the -air AM and /or FM radio broadcast; (v) any antenna used by authorized amateur radio stations licensed by the Federal Communications Commission; or (vi) public safety communications facilities owned and operated by the City of Rosemead or the County of Los Angeles. 17.82.050 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 10 EXHIBIT C a Wireless Facility, Wireless Transmission Device, Support Structure and /or Accessory Equipment within the City of Rosemead without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative co- location may be allowed as approved in subsection C of this section. B. Co- Location - General No person may co- locate a Wireless Facility or Wireless Transmission Device including related Accessory Equipment without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative co- location may be allowed as approved in subsection C of this section. C. Administrative Co- Location If, following the submission of a completed application form and all required materials set forth under Section 17.82.060, the Community Development Director determines that a proposed co- location qualifies as an "Administrative Co- location" as defined- herein, such proposal shall not require a conditional use permit but shall be approved by the Community Development Director through the issuance of an Administrative Co- location permit. The foregoing notwithstanding, an Administrative Co- location approval shall be subordinate and subject to the conditions of approval associated with the wireless telecommunications co- location facility to which it relates. Also, the life of an Administrative Co- location approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications co- location facility upon which the proposed Wireless Transmission Device and corresponding Accessory Equipment will be placed or installed. D. Preapproved Locations. 1. The City may approve by resolution, following a duly noticed public hearing, a list of sites which may be located on public property or within the public right of way and which are approved for Wireless Facilities, Wireless Transmission Devices, related Accessory Equipment. Each site shall include a description of permissible development and design characteristics, including, but not limited to, maximum height requirements. The City shall make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time. 2. All facilities located on a public property site which is preapproved in accordance with subsection D1 of this Section following the effective date hereof must obtain administrative approval from the Community Development Director in accordance with Administrative Co- location requirements of Section 17.82.070 of this title, and any additional or different requirements made applicable by this Chapter. 11 EXHIBIT C 3. All leases of public property which are preapproved in accordance with subsection D1 of this Section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent technically feasible. 4. Requirement for Separate Lease Agreement: Any lease of City -owned property for the purpose of erecting a Wireless Facility, Wireless Transmission Device and any related Support Structures and Accessory Equipment shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve applicant of any obligations to obtain appropriate permits as required by this Code. E. Coordinated Antenna Plans 1. Requirements: Any Wireless Service Provider may apply for Planning Commission approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of proposed and potential future locations for Wireless Facilities, subject to the following requirements: a. The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna. b. The CAP shall identify potential future locations by lot and parcel number. c. Applications for a CAP may be considered by the Planning Commission after holding a noticed public hearing thereon in accordance with Chapter 12.124 of this Title. d. Following Planning Commission approval of a CAP, each Wireless Facility that complies with the specifications of the CAP may be approved subject to an Administrative Co- Location permit in accordance with the requirements set forth in this Chapter. Except for the type of permit, nothing in this Section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this Chapter, and the Community Development Director may deny an Administrative Co- Location permit, or place conditions upon its approval, notwithstanding prior approval of a CAP. e. Any conditions placed on the approval of an Administrative Co- location permit for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP. f. Not withstanding any provision in Section 12.12.060 to the contrary, the CAP shall not vest any permanent rights to use the preapproved locations for 12 EXHIBIT C facilities beyond the date of expiration. Unless extended, the CAP shall expire twenty four (24) months following its approval by the Planning Commission regardless of whether any Administrative Co- location permit has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefor, extend the term of the CAP for up to twenty four (24) additional months; no CAP shall continue longer than forty eight (48) months. 2. Findings: The Planning Commission shall approve a CAP based upon the following findings: a. The intent and purpose of this Chapter, and all its regulations and requirements will be preserved. b. Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP. c. Any future facilities within the specifications of the CAP will be consistent with the General Plan and the uses permitted in this Zoning Title, subject to subsequent approval of an Administrative Co- location permit. 17.82.060 Application submission requirements. A. Applications for a conditional use permit under this Chapter, a Coordinated Antenna Plan, or for the approval of an Administrative Co- location shall be submitted to the Rosemead Planning Division on a form approved by the Community Development Director. B. The following information and documentation shall be required for all submittals: 1. Application Form Each applicant shall submit a completed application form which must include the following information: a. Applicant Information The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co- applicants. The following persons must be identified as applicants /co- applicants on any application form: (i) the Property Owner; (ii) the Wireless Service Provider who will use the proposed Wireless Facility, Wireless Transmission Device and any related Support Structures and Accessory Equipment; and (iii) the Wireless Facility owner, if different from either the Property Owner or the Wireless Service Provider. b. Project Location The street address and Assessor's Parcel Number of the real property where the Wireless Facility, Wireless Transmission Device, Support Structures and /or Accessory Equipment will be located. 13 EXHIBIT C c. Property Easements The location and description of all easements, including public utility easements, encumbering the real property parcel where the Wireless Facility, Wireless Transmission Device, Support Structures and /or Accessory Equipment will be located. d. Coverage and Other Service Objectives The applicant shall include the following information in the application form: i. 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); ii. A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries (e.g., whether and where it extends to in- building coverage, in- vehicle coverage and /or outdoor coverage). iii. A general summary of the applicant's good faith efforts 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 Facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, co- location opportunities or placement upon Alternative Siting Structures). iv. A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to subsection (A)(1)(d)(iii) of this Section, above, incapable of reducing any purported coverage gap to a de minimis level. e. Project Description. The applicant shall include the following information in the application.form: i. A written description of the real property parcel where the proposed Wireless Facility, Wireless Transmission Device, Support Structure, and /or Accessory Equipment, including parcel size, width, depth, the location of mature trees, zoning designation and current use; ii. The type of Wireless Facility and /or the type, number and dimensions Wireless Transmission Devices, Support Structures, and /or Accessory Equipment proposed; 14 EXHIBIT C iii. The proposed height of any proposed Support Structure or the height of any existing Support Structure upon which any Wireless Transmission Device and /or Accessory Equipment may be placed; iv. The specific location within the real property parcel of any proposed Wireless Facility and any proposed Wireless Transmission Devices, Support Structures or Accessory Equipment; v. The proposed location of all above and below ground wiring and connection cables; vi. 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; vii. The design and screening treatment selected for the proposal; viii.Whether any proposed Support Structures or any existing Support Structure is structurally suitable and capable of accommodating (i.e., co- locating) additional antennas or other Wireless Transmission Devices as well as Accessory Equipment. 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, or Support Structures proposed. g. Noise and Acoustical Information An inventory and description of any proposed noise- generating Wireless Transmission Devices and Accessory Equipment, including but not limited to air conditioning units and back -up generators. The description shall set forth noise and acoustical information including anticipated decibel levels of noise which would be produced. h. Disclosure of Removal Costs For the purpose of establishing the appropriate amount of any performance bond or other security required under this Chapter for the removal of any approved Wireless Facility, Wireless Transmission Device and related Support Structures and /or Accessory Equipment, the applicant shall state the reasonable estimated cost of removing any approved Wireless Facility, Wireless Transmission Device and related Support Structures and /or Accessory Equipment. The applicant shall supplement the application for with substantial evidence that corroborates its removal cost estimate. i. Administrative Co- location If the applicant contends a proposed co- location qualifies as an Administrative Co- location as defined herein, the applicant 15 EXHIBIT C shall so state on the application form and 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 and the existence of all necessary circumstances and conditions set forth under the same at the time an application is submitted and approved. 2. Site Plan Along with a completed application, 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 Along with a completed application form, 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. Structural Engineer's Report Along with the application form, each applicant shall submit a report from a structural engineer, licensed by the State of California, regarding the number and type of Wireless Transmission Devices and Accessory Equipment a proposed Support Structure or a proposed Alternative Siting Structure is capable of supporting and the appropriate shape and dimensions for any proposed Wireless Transmission Devices and Accessory Equipment. 5. Landscaping Plan Along with a completed application form, each 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 16 EXHIBIT C new landscape vegetation. Such plan shall demonstrate how the landscaping and landscape vegetation shall be designed and configured to screen Wireless Facilities, Wireless Transmission Devices, Support Structures, and Accessory Equipment from public view or better camouflage stealth- designed facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the preservation of existing, un- removed vegetation during construction and installation phases. The landscape plan shall also demonstrate the availability of any required irrigation facilities on -site. The requirement for a landscape, screening and landscape irrigation plan shall not be required for roof - mounted Wireless Transmission Devices and Accessory Equipment, except that the applicant shall still be required to submit a plan demonstrating and depicting any screening of such equipment pursuant to this Chapter. 6. Visual Analysis Along with a completed application form, each applicant shall submit a visual impact analysis including scaled elevation diagrams which: a. Demonstrates the potential visual impacts of any proposed Wireless Facility, Wireless Transmission Device, Support Structure, or Accessory Equipment; b. Includes before and after photo simulations from various locations and /or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and c. Where the installation would be readily visible from the public right -of -way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective. The Community Development Director may require a field mock -up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site. 7. Justification Report Along with a completed application form, the applicant shall also submit a Justification Report which: a. Describes and explains in detail 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); 17 EXHIBIT C b. Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring; c. Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); d. 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 (1) mile radius of the proposed site and co- location opportunities or alternative site structure opportunities within the search ring; e. 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, co- location opportunities or placement upon Alternative Siting Structures); f. Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level; g. 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 for reducing any purported coverage gap to a de minimis level. 8. Propagation and Coverage Reports The justification report shall be accompanied by a radio frequency engineer's propagation and coverage report and corresponding maps which identify, describe and depict the location and geographic scope of any purported gap in network coverage; and the nature and scope of the coverage gap (e.g. whether it extends to in -door, in- vehicle and /or outdoor service and /or whether it is the result of inadequate network capacity). Signal level indicators on maps must show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend. The applicant shall submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal. The 18 EXHIBIT C l propagation and coverage report and corresponding maps shall be prepared by a qualified and duly licensed radio frequency engineer. 9. Narrative Description and Map of Other Facilities Along with a completed application form, 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. 10. FCC and CPUC Approvals Along with a completed application form, 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. 11. Radio Frequency Emissions and Signal Interference Analysis: Along with a completed application form, 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; and 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 co- located upon a single Support Structure or Alternative Siting Structure; if placed upon a real property parcel already 19 EXHIBIT C containing a Wireless Facility, Wireless Transmission Devices, and /or Accessory Equipment; or if placed upon a real property parcel immediately adjacent to another real property parcel containing a Wireless Facility, Wireless Transmission Device, and /or Accessory Equipment; e. Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and /or public safety communications; f. Confirms that all proposed Wireless Transmission Devices and Accessory Equipment shall be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and /or public safety communications; g. In addition its technical narrative and discussion of the issues to be addressed, the analysis shall also include a non - technical executive summary presented in a concise and easy -to -read format that clearly explains in a non- technical 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. 12. Co- location 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 co- location 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 co- location contemplated under this subsection. 17.82.070 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 17.82.060, the Community Development Director shall undertake a review and evaluation of the applicant's proposal for the purpose of preparing a written report to the Planning Commission 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 20 EXHIBIT C 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 conditional use permit approval is sought. B. Public Hearing Notice The procedure set forth in Chapter 17.124 of this Title shall constitute the procedure for conducting public hearings on a conditional use permit for a Wireless Facility or Wireless Transmission Devices, and any Accessory Equipment except as otherwise specifically provided in this chapter. C. Findings Necessary for Approval No conditional use permit shall be approved unless the Planning Commission, or the City Council in the course of an appeal, makes all of the following findings supported by substantial evidence: 1. The applicant has submitted all applicable information, documentation and materials required under Section 17.82.060; 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 mandatory 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, co- location 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; 21 EXHIBIT C With respect to proposals for Personal Wireless Facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant's service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level. D. Findings Necessary for Denial of Personal Wireless Service Facilities Notwithstanding any other findings made in support of the denial of a conditional use permit under this Chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing: 1. The applicant has failed to present any of the information, documentation or material required under Section 17.82.060, above; or 2. Substantial evidence presented as part of the record fails to establish the existence of a significant gap in Personal Wireless Service coverage within the Personal Wireless Service network of a Personal Wireless Service Provider applicant or co- applicant; or 3. Notwithstanding the existence of a significant gap in Personal Wireless Service coverage within the applicant's coverage network, substantial evidence presented upon the record fails to establish that of all reasonably feasible alternatives capable of reducing the coverage gap to a de minimis level, the proposal for which a conditional use permit is sought is the least intrusive upon the goals and standards of this Chapter and the Rosemead General Plan; or 4. 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 5. 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, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. E. Prohibited Grounds for Denial Notwithstanding, any other provisions of this Section, the denial of a conditional use permit may not be based on the environmental effects of radio frequency emissions for Personal Wireless Facilities that comply with FCC radio frequency emissions standards. 22 EXHIBIT C F. Requirements for Administrative Co- Location Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Community Development Director, or the City Manager in the course of an appeal, shall administratively approve as a permitted use any proposed co- location which qualifies as an Administrative Co- location in the reasonable judgment of the Community Development Director based on the information submitted pursuant to Section 17.82.060 of this Chapter. Included as part of the necessary requirements for an Administrative Co- location is the requirement that the proposed co- location satisfies all modifications or conditions required for co- location with the corresponding wireless telecommunications co- location facility as defined herein. G. Applicant's Evidentiary Burden Each applicant is responsible for presenting substantial evidence upon the record that adequately supports the findings and determinations necessary for the approval of a conditional use permit or that confirms the conditions necessary to authorize the issuance of an Administrative Co- location permit under this Chapter or which adequately rebuts any findings in favor of a denial for the same. With respect to conditional use permit approvals substantial evidence includes, but is not limited to, substantial evidence which: 1. Identifies and establishes the location and geographic boundaries of any purported gap in network coverage; 2. Identifies and establishes the nature of a purported gap in network coverage (e.g. whether it is the result of inadequate signal strength or inadequate service capacity); 3. Identifies and establishes the scope of any purported coverage gap at various locations with the geographic boundaries of the gap (e.g. where it is limited to in- building coverage, in- vehicle coverage and outdoor coverage etc.); 4. Demonstrates, details, and explains the applicant's good faith efforts 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; and alternative siting options (e.g. alternative locations within the search ring, co- location opportunities or location upon Alternative Siting Structures); and 5. Details and explains those specific circumstances, conditions or other factors which render each of the identified alternatives incapable of reducing the purported coverage gap to a de minimis level; 6. Demonstrates that the proposal complies or, with the addition of modifications or conditions to the proposal, can be made to comply with FCC radio frequency 23 EXHIBIT C emissions standards or standards relating to signal interference with consumer electronic products and /or public safety communications; and 7. Demonstrates that any proposed Wireless Facility, Wireless Transmission Device, Support Structure or Accessory Equipment satisfies or, with the addition of modifications or conditions to the proposal, can be made to comply, with applicable building, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. H. Appeal — Conditional Use Permits If an applicant, or any interested party, is dissatisfied with any denial, approval or conditioned approval of a conditional use 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 Chapter 17.124.070 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. Appeal — Administrative Co- Location If an applicant contends that a request for an Administrative Co- location 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 Community Development Director issuance of notice that a requested co- location fails to qualify as an Administrative Co- location or fails to satisfy any other applicable requirements for approval under this Chapter. In reviewing the matter on appeal, the City Manager shall be required to make the same determinations as would otherwise be required of the Community Development Director. The decision of the City Manager shall be final. 17.82.080 General development standards. A. Location. The placement or siting of Wireless Facilities, Wireless Transmission Devices, Support Structures and Accessory Equipment shall be subject to the following approval requirements, parameters and preferences: 1. In order to minimize the unnecessary proliferation of Wireless Facilities, Wireless Transmission Devices, and related Support Structures and Accessory Equipment and in order to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight, each applicant in identifying, studying and evaluating alternative placement and siting options and the Planning Commission or City Council 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: 24 EXHIBIT C a. Proposals in which a Wireless Transmission Device and related Accessory Equipment are co- located 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 or Wireless Transmission Device and related Accessory Equipment and Support Structures are integrated, camouflaged and concealed within the decorative design features of a building such as the steeple of a church building, parapets, faux chimneys or other similar design feature. c. Proposals in which a Wireless Facility or Wireless Transmission Device and related Accessory Equipment and Support Structures are mounted and screened upon the roof of a multi -story industrial or commercial building capable of safely accommodating such facilities, devices, equipment and structures. d. Proposals in which an individual Wireless Transmission Device and related Accessory Equipment 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 Transmission Device and related Accessory Equipment are mounted on the fagade of a building, water tower, or other like structure in a manner that does not camouflage, integrate and conceal such devices and equipment within the decorative design features of the building or structure. 2. Wireless Facilities, Wireless Transmission Devices, Support Structures and Accessory Equipment are permitted in the following locations: a. Real property exclusively owned by the City of Rosemead, a School District as defined herein in fee simple, or by a public utility. b. Property in the M -1 and O -S zones; 3. Except as otherwise authorized under Section 12.82.080 A.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 25 EXHIBIT C minimum of one thousand feet (1000') from any existing Wireless Facility support structure. 4. The location of Wireless Facilities, Wireless Transmission Devices, support structures and /or Accessory Equipment shall be restricted to developed real property parcels or proposed as part of a larger development project. 5. The Planning Commission, or the City Council in the course of an appeal, may authorize the location of Personal Wireless Facilities as defined herein at locations otherwise prohibited under subsections (A)(1) through (A)(4) of this Section, above, but only upon a finding 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 conditional use permit approval. 6. As between possible or competing location proposals, the Community Development Director and the Planning Commission shall encourage proposals that contemplate co- location 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 Wire less 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 feet (60') 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 26 EXHIBIT C shall not project -out more than ten feet (10') above the roofline and shall be setback from the roof edge by a ratio of one foot for each foot of projection above the roofline. A facility shall be exempt from the foregoing requirement if it is mounted within an existing enclosed roof structure or an architectural feature, such as a parapet wall or similarly designed features so as to integrate and camouflage the Wireless Facility, Wireless Transmission Device and related Support Structures and Accessory Equipment within the structure or building. 3. Accessory and Support Structures All Wireless Facilities, Wireless Transmission Devices, Support Structures, and Accessory Equipment shall comply with accessory height requirements for the particular zoning district in which they are located. C. Ground Mounted Facilities — Setback Requirements and Guidelines. Ground mounted Wireless Facilities or Wireless Transmission Devices shall comply with the following requirements and -guidelines: 1. Front: Such facilities shall not be permitted in a required front yard of any property located in any type of zone within the City of Rosemead, unless otherwise authorized under the terms of a conditional use permit; 2. Side: Such facilities shall not be permitted within a required side yard; 3. Rear: Such facilities may be located in the rear yard 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 17.12.290 where applicable. 5. No Wireless Facility, Wireless Transmission Device or related Support Structures, and Accessory Equipment shall extend beyond the property lines. For purposes of this Chapter, the terms "front yard" and "side yard" shall have the same meaning as set forth under Section 17.04.020 of this Title. D. Screeninq: 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 27 EXHIBIT C 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 vandalism and to facilitate the fast and effective removal of graffiti. 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. The Planning Commission or the City Council in the course of an appeal may waive screening requirements where it determines that such measures are not necessary or aesthetically appropriate given the nature of the proposal. E. Accessory Equipment: 1. Any and all Accessory Equipment shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which the equipment is located. 2. If located above ground, Accessory Equipment shall be screened, camouflaged and /or concealed in a manner that is aesthetically and visually compatible with the architecture and design of surrounding buildings, structures and landscaping and in a manner that hides such equipment from public view or otherwise camouflages and conceals is presence. 3.- If Accessory Equipment is located outdoors and is in public view, the Planning Commission, where it deems appropriate, may require the applicant to provide a solid masonry block wall, or such other aesthetically compatible material acceptable to the Community Development Director that will screen such equipment from view. F. Signs Wireless Facilities shall not display or otherwise bear signs or advertising devices other than certification, warning, or other required seals or signage. Nothing in this subsection shall prohibit the Planning Commission or the City Council in the course of an appeal from approving a Stealth Facility which is camouflaged and disguised as a freestanding sign. G. Lighting: 28 EXHIBIT C Lighting shall not be permitted on facilities unless required as a public safety measure, by Federal Aviation Administration, or other government agencies with superseding jurisdiction over lighting issues. If lighting is required, the facilities shall be designed to minimize glare and light overflow onto neighboring properties. H. 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: 1. 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. 2. 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. 3. 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. 4. All proposed monopoles shall be a round shape, slim or tapered in design and shall be of a kind that will permit co- location by other Wireless Service Providers. 5. 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. 6. 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 right -of -ways. Noise All Wireless Facilities, Wireless Transmission Devices, and Accessory Equipment shall be constructed and operated in such a manner as to minimize the amount of noise impacts to residents of nearby residential properties, the users of recreational areas such as public parks and public open spaces, or the occupants of hospitals and schools. If a Wireless Facility, Wireless Transmission Device and /or Accessory Equipment is located within two hundred (200) feet of any of the foregoing types of properties or uses, noise attenuation measures shall be included 29 EXHIBIT C to reduce noise levels to a level of 50 dBA measured at the property line. 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 10:00 p.m. and 7:00 a.m. J. RF and Other Emissions Requirements 1. 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 co- located or otherwise located upon the same real property parcel. 2. All Wireless Facilities, Wireless Transmission Devices, and Accessory Equipment shall comply with all rules, regulations and standards, including compliance with non - ionizing electromagnetic radiation (NIER) 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 conditional use permit or Administrative Co- location 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 (6) months of the effective date of such rule, standard and /or regulation, unless a more stringent compliance schedule is mandated by the controlling agency. 3. 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. 4. 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 30 EXHIBIT C site. For co- location sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency. 5. 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. 6. 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 conditional use permit or Administrative Co- location approval. 7. To verify ongoing compliance with FCC operating and emissions standards, the recipient(s) /holders(s) of a conditional use permit or Administrative Co- location 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 conditional use permit or Administrative Co- location authorization may be revoked. If at any time the facility proves to be in non- compliance with FCC operating and emissions standards, the non - compliant Wireless Facility, Wireless Transmission Device or Accessory Equipment shall cease all operating. The recipient(s) /holder(s) of the conditional use permit or Administrative Co- location approval shall have sixty (60) calendar days from the date of such disclosure to the City to bring the non - compliant facility, device or equipment into compliance. If the facility, device or equipment remains non- compliant on the 61 day the City may revoke the conditional use permit or Administrative Co- location approval for the non- compliant facility, device or equipment. 8. Any violation of this Section 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 31 EXHIBIT C removal of non - compliant facilities, devices and /or equipment by the City at the Property Owner's expense. K. Performance Bond As a condition of approval for any conditional use permit or any Administrative Co- location 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 conditional use permit or Administrative Co- location authorization. L. FAA Compliance All Wireless Facilities subject to Federal Aviation Administration ( "FAA ") lighting requirements and height restrictions shall remain in compliance with all such restrictions as a condition of approval. All permittees shall provide the Community Development Director with proof of such compliance upon request. 17.82.090 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, Alternative Siting 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 either 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. For purposes of this Chapter the term "graffiti" refers to any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface by any means. C. Landscaping Any conditional use permit approval or Administrative Co- location 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 32 EXHIBIT C 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 Community Development Director. D. Maintenance of Certain Stealth Facilities Stealth Facilities designed to appear as flagpoles must have a flag flown upon the structure and such flag must be properly maintained at all times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a new flag. Light fixtures included as part of Stealth Facilities designed to appear as light standard or other lighting structures shall be operable at all times. Damaged, defective or burn -out light fixtures shall be replaced promptly. E. Contact Information A permanent, weather -proof identification sign must be placed on the gate of the fence surrounding a Wireless Facility or, if there is no fence, at an accessible and conspicuous location approved by the Community Development Director. The sign must state the name, address, phone number of the owner of the real property parcel where the subject Wireless Facility, Wireless Transmission Device, Support Structure, Alternative Siting Structure, or Accessory Equipment is located, the Wireless Service Provider using the equipment, and the owner of the equipment, if different from owner of the real property parcel or the Wireless Service Provider. Fax numbers and e-mail contact number shall also be included, if available. If the owner of the real property parcel where the subject Wireless Facility, Wireless Transmission Device, Support Structure, Alternative Siting Structure, or Accessory Equipment is located has no other contact information, other than a residential telephone number or residential address, the Planning Commission may maintain such information as part of the records of the City of Rosemead in lieu of appearing on any signage. F. Maintenance Responsibility The compliance with the maintenance obligations set forth under this Section shall be a joint and several obligation of the following parties: 1. 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 2. The owner of the real property parcel where a Wireless Facility, Wireless Transmission Device, Support Structure, Alternative Siting Structure, and Accessory Equipment are located. 17.82.100 Abandonment or discontinuance of use - Removal of facilities. A. Notice to City A Wireless Service Provider shall provide written notice by certified U.S. mail to the Community Development Director and the Chief Building Official in the event (i) the Wireless Service Provider intends to terminate or otherwise abandon its use of a Wireless Facility or individual Wireless Transmission Device; or (ii) the Wireless Service Provider is required to discontinue its use of a Wireless 33 EXHIBIT C 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 Chief Building Official shall issue notice to the Wireless Service Provider and the owner of the real property parcel that the Wireless Facility or Wireless Transmission Device must be completely dismantled and removed within sixty (60) calendar days from the dismantling and removal date originally noticed by the Wireless Service Provider pursuant to subsection (A) of this Section. D. Constructive Abandonment of Facilities A Wireless Facility or individual Wireless Transmission Device that remains inoperative or unused for a period in excess of one hundred and eighty (180) calendar days shall be deemed abandoned for purposes of this Section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights as contemplated under Section 17.82.110, below. After 180 calendar days of inoperability or nonuse, the Chief Building Official shall issue notice to the Wireless Service Provider and the owner of the real property parcel that the Wireless Facility or Wireless Transmission Device must be completely dismantled and removed within (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. 34 EXHIBIT C 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 17.82.120 of this Chapter. 18.82.110 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: (i) the issuance of sixty (60) calendar days prior written notice of any such assignment to the Community Development Director and the Chief Building Official; (ii) the forwarding of the official name and contact information of the prospective assignee; and (iii) the assignee's written acknowledgement and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject Wireless Facility or subject Wireless Transmission Device as provided under this Chapter or any conditional use permit or other approval issued under this Chapter. 17.82.120 Revocation. A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a conditional use permit or other approval issued pursuant to this Chapter. Upon making a determination that the permit should be revoked, the deciding body may, at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead Municipal Code. Grounds for revocation include the finding that: 1. The Wireless Service Provider or Property Owner has abandoned or otherwise ceased its use of the Wireless Facility or an individual Wireless Transmission Device; or, 2. The Wireless Service Provider or Property Owner has failed to bring the Wireless Facility, an individual Wireless Transmission Device, Support Structure or Accessory Equipment into compliance with the conditions of approval, or the requirements of this Chapter, within any time period provided for in this Chapter or within any other extended time period set forth by the Community Development Director or the Chief Building Official; or 3. The Wireless Facility, Wireless Transmission Device, or Accessory Equipment no longer complies with applicable health and safety regulations promulgated by the FCC or the Federal Aviation Administration and the recipient(s) /holder(s) of a 35 EXHIBIT C conditional use permit or Administrative Co- location approval have failed to timely bring such facilities, devices and equipment into compliance. 17.82.130 Wireless facilities in the public right -of -way. A. Section 7901 of the California Public Utilities Code confers upon telephone corporations as defined herein the right to construct telephone lines and equipment "along and upon any public road or highway" in such manner and at such points as "not to incommode the public use of the road or highway." Public Utilities Code section 7901.1 authorizes a municipality to "exercise reasonable control" over the time, place, and manner in which roads and highways are accessed. In 2006, the State Legislature adopted the Digital Infrastructure and Video Competition Act of 2006 (the "Act "), which established a state franchising system for video service providers that is administered by the Public Utilities Commission. The Act added Section 5885 to the Public Utilities Code, which requires local entities, including cities, to allow a state video franchise holder to install, construct, and maintain a "network" within public rights -of -way under the same time, place, and manner provisions that apply to telephone corporations under applicable state and federal law, including the provisions of Public Utilities Code section 7901. B. 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 through the encroachment permit process and procedures that are specified in Title 12 of the Rosemead Municipal Code. Enforcement of the City's time, place, and manner requirements specified in Title 12 is the responsibility of the Superintendent of Streets or designee. 17.82.140 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 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 36 EXHIBIT C 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. 17.82.150 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 conditional use permits issued pursuant to this Chapter. The fee for processing and reviewing applications for Administrative Co- location permits shall be the same as for Site Plan Review as established by the City Council. SECTION 8. Code Amendment. Subsection 33 shall be added to Section 17.112.030 (Uses permitted in specific zones) of the Rosemead Municipal Code to read as follows: 33. Wireless Facilities, Wireless Transmission Devices, Support Structures and related Accessory Equipment subject to the regulations in Chapter 17.82 of this Title. SECTION 9. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed and adopted Ordinance No. 892 and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 10. Publication. The City Clerk shall cause this ordinance to be published in the manner required by law. SECTION 11. Effective Date. The Mayor shall sign and the City Clerk attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall go into effect and be in full force and effect thirty (30) days from its date of adoption. PASSED, APPROVED AND ADOPTED this day of , 2010. Gary Taylor, Mayor 37 EXHIBIT C ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Joseph M. Montes, City Attorney 38 EXHIBIT C R k new 1 a �� (4j �, � tll •NI .-. 11 u .�. � . _ - � •_ , e mw � ° i Imi' 1 a CJs w. 15' °. ��°� auk\ s n �r - li � . n t � a• Pil � In rG'�i �'- �y :� u . 1 i IN. IHrI =u Sr �= �R�� s 511 r• - "� . [� r � / r s! ' r „� ., �% i1 �/ n s�r 9 j.l� i/ - g 351 v N dlee, X115911 =:Err: 1` - 3tC - �� still .M� EXHIBIT D wireless Facility Locations CUP# Address Service Provider Type of Tower Physical Location APN 02 -858 7421 Garvey Cingular Monopalm NEC Gamey &New 5286419-003 02-881 7403 Hellman Sprint Monopalm NEC Hellman & New 5286-008030 05 -1015 7421 Garvey Nexlel Monopalm NEC Garvey &New 5286-019-003 051040 2244 Waited Grove T- Mobile Monopine SWC Walnut Grove & Mission 5281 -029 -800 05-997 7840 Garvey Cingular Monopine SEC Garvey & Brighton 5284-038-8W, 802 9469 9105 Mission Cingular Wireless Monopole NWEC Lawrence & Rosemead 8592 -016 -902 92 -555 8780 Valley Blvd Nextel Monopole SWC Muscatel & Valley 5390- 010-037 92- 575 8829 Garvey AT &T Monopole NEC Garvey & Burton 5289- 004-036 14 909 San Gabriel Specmasite Monopole NWC San Gabnel & FWY 00 5275-014.065 O1-a" 3508 Rosemead Cingular Monopole SWCHan &FWY 10 8594-023-043 01-827 8500 Anson Sprint SCE Tower Mounted NWC Anson & Rockhold 5288-015801 02-874 2300 Kelftrn Cingular SCE Tower Mounted NEC Kelbum & Graves 5284-020-801 02 -879 8306 Garvey Cingular SCE Tower Mounted SEC Garvey & Charlotte 5283-005 801,802,803,804 03928 8521 Valley Cingular SCE Tower Mourned NWC Valley & Walnut Grove 5372 -020.804 051011 8306 Garvey Verizon SCE Tower Mantled SEC Chanole & Garvey 5283 - 008-800 051024 4545 Walnut Grove Cingular SCE Tower Mounted SWC Mission and Walnut Grove 5372 -018 -B02 05-1035 3655 Rockhold T- Moblle SCE Tower Mounted NWC Rockhold & Olney 5371 -013-801 051057 Angelus/Fern Royal street SCE Tower Mounted NWC Angelus & Fem 5283-015 -806 96 -672 9063 Mlaslon Sprint Roof Mounted NEC Rosemead & Mission 5287 -020.1039 96-683 888 Montebello Sprint Roof Mounted SWC FWY 60 &Son Gabriel 5271- 002-061 97 -703 1001 San Gabriel LA Cellular Roof Mounted SWC San Gabriel & FWY 60 8592 -018 -004 732 888 Montebello Pacific Bell Roof Mounted SEC Montebello Blvd & FWY 5271 - 002-061 748 888 Montebello Nextel Roof Mounded SEC Montebello Blvd & FWY 5271- 002 -061 01 -026 7403 Hellman Pacific Bell Roof Mounted NEC Hellman & New 5286. 008.030 01- 836 4825 Eerie AT &T Roof Mounted SWC Edda & Grand 5383002 -019 2-880 4213 Rosemead Cingular Roof Mounted NWC Rosemead & Newby 5286008 -030 061062 Edison Property, Marshall Street between Rockhold & Eane Royal street SCE Tourer Mounted Between Marshall and Olney 5371 -013-801 061066 9117 Garvey Avenue Onmlpoim Communications Monopine Garvey Ave & Garvey bridge 8595016-002 07 -1086 Edison Right of Way Omnipoad Communications SCE Towel Mounted SWC Dorothy and Rockhold 5288 -003800 07.1111 7839 Emerson Place T- Moblle Mcnocypress NE comer of lot 5287- 020 -039 08 -03 8308 Garvey Venzon Wireless SCE Tower Mounted Balween Garvey and Fern 5283008 -801 8388 Grand Avenue Memo PCs Monopne SWC Garvey and Delta 5389- 001 - 901,902 of Monopalms: of Monopoes: of Monopoles: Mounted on SCE: Mounted on Roof Tops: EXHIBIT D