CC - Item 6C - Municipal Code Amendment 10-01, Amending the Zone Code to Establish Regulations for the Development of Wireless Telecommunications Facilities in the CityROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: APRIL 27, 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).
This item was presented to the Planning Commission for consideration on April 5, 2010.
At that hearing the Planning Commission reviewed the proposed WTF. regulations and
received testimony from members of the public regarding the proposed standards to
regulate height, setbacks, grounds for denial of applications, the adoption of
preapproved sites, and legal nonconforming facilities.
In response to this testimony, the Planning Commission made several revisions to the
draft regulations that were prepared by staff. Instead of an initial two (2) year term for
the approval of a Coordinated Antenna Plan, the Commission voted to grant an initial
one (1) year term to such requests. The Commission added language to Section
12.82.080 A.2. of the Ordinance to clarify that WTFs lawfully existing at the time of
adoption of this Ordinance would not be considered non-conforming for the purposes of
Administrative co-location. The Planning Commission also clarified language in the
Ordinance to make it clear that WTFs are not exempt from the height requirements
applicable to the zone. With these revisions, the Planning Commission adopted
Resolution No. 10-09, recommending that the City Council ADOPT Ordinance No. 892
(Exhibit A). The Planning Commission staff report, meeting minutes and Resolution No.
10-09 are attached as Exhibits B, C, and D, respectively.,
Subsequent to the public hearing, Planning staff received a suggestion that the City
Council should consider reducing the length of time that may be granted for an
ITEM NO. U L'
City Council Meeting
April 27, 2010
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extension of an approved Coordinated Antenna Plan from the proposed two (2) years to
six (6) months.
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 Exhibit E). 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 Council is
inclined to approve this project, the Council must make findings of adequacy with the
environmental assessment and adopt the Negative Declaration.
STAFF RECOMMENDATION
Staff recommends that the City Council ADOPT Ordinance No. 892 (Exhibit A),
amending Title 17 of the Rosemead Municipal Code to incorporate Chapter 17.82
"Wireless Telecommunications Facilities" zone regulations.
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-four (34) CUP's issued for WTFs since 1989. These have
included monopoles, monopalms, roof-mounted and co-location 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 F for list and
map of current WTFs),
The proposed Ordinance will provide City staff, Planning Commission, and City Council
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 entitlement application.
City Council Meeting
April 27, 2010
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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 through an
Administrative Co-location Permit, with appeal rights to the City Manager.
• An Administrative Co-location Permit could be granted for a new Wireless Facility
that would be constructed on a property already containing a Wireless Facility that
was approved with a discretionary permit after January 1, 2007. There have been
four (4) WTF locations approved after this date, which would qualify as locations
entitled to Administrative Co-location rights. 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: The Ordinance establishes procedures by which the City at
a future date 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 service providers and possibly encourage them to
locate facilities on City property. The City Council is not being ask to pre-approve
locations in this ordinance.
• Coordinated Antenna Plan (CAP): A CAP allows a wireless service provider to
request to have multiple sites approved at one time through one discretionary
application. The provider would have 12 months to build all sites approved by the
CAP. The Planning Commission could extend a CAP by an additional 24 months.
City Council Meeting
April 27, 2010
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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, signal 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.
• 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 service
provider proves it has a gap in network coverage and the proposed location is
the only means to reduce the gap to a "de minimis" level.
• The height of a Wireless Facility is limited to the height limit of 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, a post construction RF exposure test must
be conducted and RF engineer must submit annual monitoring information to the
city.
City Council Meeting
April 27, 2010
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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 WTFs
through distance criteria. The ordinance encourages wireless service 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 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.
City Council Meeting
April 27, 2010
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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:
1° V
Paul Garry Stan Wong
Senior Planner Community D
EXHIBITS:
A. Draft Ordinance No. 892
B. Planning Commission Staff Report, April 5, 2010
C. Minutes from April 5, 2010 Planning Commission Public Hearing
D. Planning Commission Resolution No. 10-09.
E. Initial Study of Environmental Impacts and Negative Declaration
F. Map and List of Current Wireless Telecommunications Facilities
nt Director
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 ("WTFs").
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 A
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 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
2 EXHIBIT A
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 other equipment as described
in Section 17.82.040 of this Title, or other structures shall exceed the height limit
provided in this title. Radio and television masts, 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 A
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 A
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
mounted upon and rotated through a vertical mast or tower interconnecting the boom
5 EXHIBIT A
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.
"City Council" means the governing body of the City of Rosemead organized
pursuant to Chapter 2.04 (City Council') of the Rosemead Municipal Code.
6 EXHIBIT A
"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
a foundation and supported by a series of wires that are connected to anchors
placed in the ground or on a building.
7 EXHIBIT A
"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.
"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
8 EXHIBIT A
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.
"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.
9 EXHIBIT A
"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
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
10 EXHIBIT A
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.
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
11 EXHIBIT A
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
facilities beyond the date of expiration. Unless extended, the CAP shall expire
twelve (12) 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
12 EXHIBIT A
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 thirty
six (36) 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. Proiect 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
13 EXHIBIT A
Wireless Facility, Wireless Transmission Device, Support Structures and/or
Accessory Equipment will be located.
d. Coverage and Other Service Obiectives: 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;
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;
14 EXHIBIT A
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 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
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
15 EXHIBIT A
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
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,
16 EXHIBIT A
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);
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
17 EXHIBIT A
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
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
18 EXHIBIT A
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
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,
19 EXHIBIT A
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
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:
20 EXHIBIT A
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;
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.
21 EXHIBIT A
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 all 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.
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
22 EXHIBIT A
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
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
23 EXHIBIT A
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 parry, 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.
1. 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:
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
24 EXHIBIT 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 facade of a building, water tower, or other like
structure in a manner that does not camouflage, integrate and conceal such
devices and equipment within the decorative design features of the building or
structure.
2. Wireless Facilities, Wireless Transmission Devices, Support Structures and
Accessory Equipment are permitted in the following locations:
a. Real property exclusively owned by the City of Rosemead, a School District
as defined herein in fee simple, or by a public utility; or
b. Property in the M-1 and O-S zones.
c. Notwithstanding the foregoing or Section 17.82.140, any Wireless Facilities,
Wireless Transmission Devices, Support Structures or Accessory Equipment
existing as of the effective date of this ordinance shall not be deemed to be
nonconforming for purposes of co-location.
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.
25 EXHIBIT A
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
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,
26 EXHIBIT A
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. 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.
27 EXHIBIT A
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:
Lighting shall not be permitted on facilities unless required as a public safety
measure, by Federal Aviation Administration, or other government agencies with
28 EXHIBIT A
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
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
29 EXHIBIT A
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
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.
30 EXHIBIT A
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 615` 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.
31 EXHIBIT A
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
was required and approved, the site shall be maintained in accordance with the
32 EXHIBIT A
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 Responsibilitv: 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
33 EXHIBIT A
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 A
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
conditional use permit or Administrative Co-location approval have failed to
timely bring such facilities, devices and equipment into compliance.
35 EXHIBIT A
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 Nonconforminq 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
36 EXHIBIT A
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
ATTEST:
37 EXHIBIT A
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, City Attorney
38
EXHIBIT A
ROSEMEAD 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.
EXHIBIT B
Planning Commission Meeting
April 5, 2010
Page 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.
o 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.
EXHIBIT B
Planning Commission Meeting
April 5, 2010
Page 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.
EXHIBIT B
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
EXHIBIT B
Planning Commission Meeting
April 5, 2010
Page 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 bode 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: 15ubmitted by:
~o
Paul Garry
Senior Planner Community Dev lopment Director
Attachments:
Pie. 48 86
Minutes of the
PLANNING COMMISSION MEETING
April 5, 2010
The regular meeting of the Planning Commission was called to order by Chairwoman Herrera at
7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE - Commissioner Hunter
INVOCATION - Chairwoman Herrera
ROLL CALL OF OFFICERS PRESENT: Commissioners Eng, Hunter, Ruiz, Vice-Chairman
Alarcon, and Chairwoman Herrera.
OFFICIALS PRESENT: City Attorney Murphy, Community Development Wong, Principal Planner
Bermejo, Senior Planner Garry, Assistant Planner Trinh,.and Commission Secretary Lockwood.
1. EXPLANATION OF HEARING PROCEDURES AND APPEAL-RIGHTS
Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting.
2. PUBLIC COMMENTS FROM THE AUDIENCE
None
3. CONSENT CALENDAR
A. Approval of Minutes - March 15, 2010
Vice-Chairman Alarcon madea motion, seconded by Commissioner Eng, to approve
minutes as presented.
Vote resulted in:
Yes:
Alarcon, Eng, Herrera, Hunter
No:
None
Abstain:
Ruiz
Absent:
None
4. PUBLIC HEARINGS
A. DESIGN REVIEW 09-07 - Bach Tran has submitted a Design Review application
proposing a fagade renovation and an addition of 1,350 square feet to an existing
commercial building, located at 8338 Valley Boulevard in the C-31) (Medium
Commercial with a Design Overlay) zone.
PC RESOLUTION 10-08- A RESOLUTION OF THE PLANNING COMMISSION OF THE
I EXHIBIT C
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 09.07, FOR A FACADE RENOVATION AND AN
ADDITION OF 1,350 SQUARE FEET TO AN EXISTING COMMERCIAL BUILDING,
LOCATED AT 8338 VALLEY BOULEVARD IN THE C3D-D (MEDIUM COMMERCIAL
WITH A DESIGN OVERLAY) ZONE (APN: 5371-005-012).
Recommendation - Staff recommends that the Planning Commission APPROVE
Design Review 09-07 and ADOPT Resolution No. 10.08 with findings, and subject to
the thirty-seven (37) conditions outlined in Exhibit "B".
Assistant Planner Trinh presented the staff report and power point presentation.
Chairwoman Herrera asked the Commissioners if they had questions for staff.
Commissioner Hunter stated that she would like to propose that two additional handicap spaces be
installed since this is a medical building.
Commissioner Ruiz stated that he would like to recommend that parking space number 16 be
a van accessible handicap parking space to allow ingress and egress from Valley and Delta. He
also stated that compact parking spaces. 1, 2, and 3 should be in line with parking spaces 4, 5, and
6, and that having them in line would allow room for a planter in front of those parking spaces. He
also said it would eliminate the need for the wheel stops. He also recommended pushing the
decorative wall proposed along on Valley back from the front property line to allow planter area in
front of the wall. He also requested a 6-inch rolled curb around the north planter.
Principal Planner Bermejo stated that that his comments are good recommendations.
Vice-Chairman Alarcon stated that this location was an animal hospital before and now it is
proposed as a medical building. He questioned staff if a condition of approval has been added
require bio-hazardous waste to be picked up on a regular basis.
Principal. Planner Bermejo stated that staff did not include such condition of approval but it could be
added.
Vice-Chairman Alarcon stated that he recommends that perhaps the Traffic Commission should
review the Delta Avenue exit for vehicle safety when left turns are made from that exit.
Principal Planner Bermejo stated that Joanne Itagaki, the City Traffic Consultant, reviewed the on-
site circulation patterns and added conditions of approval which include red striping and a no left
turn sign on Valley Boulevard.
Commissioner Hunter needed clarification on the floor area square footage.
Principal Planner Bermejo stated that the existing square footage of the building is 4,320 square
feet and that the applicant proposes to add and additional 1,350 square feet.
2 EXHIBIT C
Commissioner Eng stated that she would like to add a condition of approval that a courtesy notice
be sent to nearby residents informing them when project construction will begin. She also
recommended that maybe this should be a standard condition of approval from now on.
Principal Planner Bermejo agreed with the comment and suggested that the condition should
require the applicant to provide proof that the notice has been sent prior to issuance of building
permits.
Chairwoman Herrera opened the public hearing and invited the applicant to come up and speak.
Simon Chang stated he is the designer and is available to answer any questions the Planning
Commission may have.
Commissioner Eng questioned Mr. Chang if the requested items are achievable.
Simon Chang replied yes.
Vice-Chairman Alarcon addressed Mr. Chang and stated,that his design was very nice and the
corner will look very nice.
Chairwoman Herrera asked if there is anyone in favor of project.
None
Chairwoman Herrera asked if there.was anyone against the project.
None
Chairwoman Herrera closed the public hearing and asked for a motion.
Vice-Chairman Alarcon made a motion, seconded by Commissioner Ruiz to APPROVE
Design Review 09.07 and ADOPT Resolution No. 10-08 with findings, and subject to the
additional conditions.
Vote resulted in:
Yes: Alarcon, Eng, Herrera, Hunter, Ruiz
No: None
Abstain: None
Absent: None
Motion was approved with the following conditions:
1. An additional handicap stall shall be provided at stall #16 as shown on the site plan
2. Provide a six (6) inch high concrete curb separating the landscape area along the west property
line from the parking lot.
EXHIBIT C
3. Remove the wheel stops adjacent to Valley Boulevard and extend the landscape planter up to
the wheel stop location and provide a six (6) inch high concrete curb.
4. Extend the length of compact parking stalls No. 1, 2, and 3 to align with the standard parking
stalls Nos. 4, 5, and 6.
5. Prior to the issuance of building permits, the developer shall provide a courtesy notice of the
start of construction to the occupants of abutting properties and provide a copy of the notice to the
Planning Division.
5. Prior to the issuance of building permits, the Traffic Commission shall review the ingress and
egress safety at the northern driveway on Delta Avenue.
6. The three foot high decorative block wall along Valley Boulevard shall be set back 24" to allow
landscape plantings in front of the block wall.
Community Development Director Wong stated to Chairwoman Herrera that for clarification the
decision is final unless it is appealed within 10 days to the City Council.
MUNICIPAL CODE AMENDMENT: 10.01 - Municipal Code Amendment 10-01 is a City
initiated amendment that proposes to.amend the Zonipg Ordinance to provide a
comprehensive set of development.standards for the installation and operation of
Wireless Telecommunications Facilities (W7F's):
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.
Recommendation - Staff recommends that the Planning Commission ADOPT
Resolution No. 10-09 (Attachment B), a resolution recommending that the City
Council ADOPT Ordinance 892 (Attachment C), amending title 17 of the Rosemead
Municipal Code to incorporate Chapter 17.82 "Wireless Telecommunications
Facilities" zone regulations.
Senior Planner Garry presented staff report and power point presentation.
Chairwoman Herrera asked the Commissioners if they had any questions for staff.
Commissioner Eng asked staff if the distance of 1,000 feet would be a radius measurement.
Senior Planner Garry replied yes.
EXHIBIT C
Commissioner Eng asked staff if the distance between structures can be less than 1,000 feet in the
0-S or M-1 zone.
Senior Planner Garry replied that the distance between Wireless Facilities can be less than 1,000
feet only if they are new roof or wall mounted facilities.
Commissioner Eng asked staff if there is any type of guidelines for less than 1,000 feet or would
the applicant have to show how much coverage is needed.
Senior Planner Garry replied as part of the application requirements the applicant would have to
provide us with coverage maps to justify where they want the facility.. -
Commissioner Eng asked staff about the review procedure of co-location permits,
Senior Planner Garry stated an applicant seeking a co-location permit would be required to submit
and follow the same design guidelines as a new facility and explained how the process would be
reviewed.
City Attorney Murphy explained that the process for an administrative co-location permit is only
applicable to existing facilities that were approved after January 2007. He also explained that
those built before January 1, 2007 would still come before the Planning Commission.
Commissioner Eng stated that based on the existing 32 towers we have right now, there are 4 that
were approved after 2007. She questioned if the prior ones would have to come back to the
Planning Commission.
City Attorney Murphy replied that is correct.
Commissioner Eng stated that in regards to consolidating antennas, technology changes so
quickly, and asked`wha's, in place to move forward and not hinder the City's requirements within
the 24 month time limit
Principal Planner Bermejo replied that the idea was if a new cell site company comes to the city to
establish a new service they may already know that they need 3 - 5 sites. The CAP plan would
allow them to show the Planning Commissioners all the sites. She also stated staff could do a
review of all those locations and perform an environmental review, considering them as one
project. She also explained that technology could change and this is something the Planning
Commission should consider.
Commissioner Ruiz asked staff if by doing this ordinance it will help eliminate the necessary
antennas going up in the City.
Principal Planner Bermejo replied that it will limit the locations.
Commissioner Eng asked staff how long does it take for an applicant to build a cell tower from the
time it is approved.
EXHIBIT C
Principal Planner replied she has seen them done within one to two months but it really depends
on the application and it depends on the company.
Commissioner Eng asked staff if new fees are proposed.
Principal Planner Bermejo replied this ordinance is not proposing any additional fees.
Commissioner Hunter asked staff if we can limit the number antennas allowed in the city.
Principal Planner Bermejo replied that we have to designate areas for this type of development.
Chairwoman Herrera opened the public hearing.
Andrew Massie representing Clearwire stated that the time line is typically 60 days, 30 days for
building permit process and 30 days for construction. He asked the Planning Commission if there
will be a pre-approved list of locations available in the next six months, as this will make it easier
for all the carriers.
Community Development Wong stated that list is something. in progress.
Andrew Massie asked what the maximum height requirement is. He also stated there was some
confusion and asked staff if it is 60 feet exactly or can you exceed an additional 30 feet.
Senior Planner Garry explained how the height requirement-was cross referenced.
Commissioner Ruiz stated that the limit should be written to be 60 feet maximum and eliminate the
30 feet so that it is clear to everyone.
Community Development Director.Wong stated that would be more concise and clear for user and
staff. He also stated that to exceed that height and if hardship is proven then staff will take that into
consideration.
Andrew Massie stated he looked through the ordinance and he did not see setback he ratio
requirements for pole, monopole or towers from the public right-of-way or residential properties. He
also questioned if this was a building & safety issue or something that is addressed in the zoning
ordinance.
Senior Planner Garry stated there are setback requirements for monopoles. He also stated they
are not allowed in the front or side-yard setbacks.
Brian Lewin stated that he is glad that staff has put together this ordinance. He asked staff to look
at page 22, of the Ordinance, 17.82.070, D.1, and questioned if the in section 17.82.060, CA is
sufficient. .
Community Development Director Wong stated this question should be directed to legal counsel.
EXHIBIT C
City Attorney Murphy replied no. (Was not audible) He said that if the applicant provided the
material to show that they have made a good faith effort, then the applicant has provided the
information required, and it would be up to the Planning Commission to make a finding as to
whether the information is sufficient. He also stated you wouldn't make the findings for denial if you
didn't think the efforts were sufficient.
Brian Lewin asked if that provision would be more applicable if for example the Commission felt the
effort was not sufficient or not in good faith. He also asked if the Planning Commission as a body
could make a finding that it was not done in good faith and is there a provision for making a finding
of denial.
Senior Planner Garry stated that we can add to CA, if the applicant did not make a good effort then
the Planning Commission could make for a finding for denial.
Chairwoman Herrera stated then that would be a recommended for denial for staff.
Commissioner Eng referred to propagation and coverage reports, and of the applicants. application
process it is one of the items they would have I to I provide to show you have exhausted all the
availability that is here. She stated we already have 32 sites already and our city is 5.5 square
miles and it seems feasible that they would be able to locate on one of these sites.
Brian Lewin stated that is another one of his comments is that one of the goals that should be set is
to minimize the amount of new monopole sites in this city,
City Attorney Murphy stated that would be in D.3, in findings necessary for denial and read it this
section to staff and audience.
Brian Lewin questioned if this directive would make all existing towers located in C-1, R-1, and R-2
zones legal non-conforming.
Community Development' Director Wong stated this should be addressed to the City Attorney.
City Attorney Murphy stated that he will review the ordinance, and asked Mr. Lewin to continue with
his comments.
Brian Lewin requested that perhaps the Commission should add a provision for a one time
aesthetic impact fee for: monopoles.
Principal Planner Bermejo stated that the City is currently working on a master impact fee study
and City Council has been given the directive to study impact fees across the board.
City Attorney Murphy stated that he would propose that the Planning Commission make a change
to Section 17.82.080, A.2, adding subsection C., that would state the following, "not withstanding
the foregoing, any existing wireless facility wireless transmission device support structure or
accessory equipment shall not be deemed to be a legal non-conforming use if it is not located in
the zones established by subsection A and B of this section". He also stated the reasons why this
should be added.
EXHIBIT C
Chairwoman Herrera closed the Public Hearing.
Community Development Director Wong stated that this vote is a recommendation to the City
Council and the vote is not final.
Commissioner Eng stated she would like to propose reducing the CAP approval period to one year
rather than having it for 24 months.
Chairwoman Herrera stated the motion is to reduce the consolidated antenna permit from 24
months to 12 months and add the other amendment that City Attorney Murphy read out.
Commissioner Eng made a motion, seconded by Vice-Chairman Alarcon, to approve
Municipal Code Amendment 10-01 and ADOPT Resolution No. 10-09 (Attachment B), a
resolution recommending that the City Council ADOPT Ordinance 892 (Attachment C),
amending title 17 of the Rosemead Municipal Code to incorporate Chapter 17.82 "Wireless
Telecommunications Facilities" zone regulations.
Vote resulted in:
Yes:
Alarcon, Eng, Herrera, Hunter, Ruiz
No:
None
Abstain:
None
Absent:
None
C. MUNICIPAL CODE AMENDMENT 10.02, MUNICIPAL CODE AMENDMENT 10.03, AND
ZONE CHANGE 10.02 - Municipal Code Amendment 10.02 (MCA 10-02) and Municipal
Code Amendment 10.03.(MCA.10.03) consist of City initiated amendments to the
Rosemead Municipal Code for the purpose of establishing residentiallcommercial
mixed-use development. standards and regional commercial standards. The new
development standards will reflect the new planning goals detailed in the City's 2010
General Plan Update.(General Plan Amendment 09-01). MCA 10.02 will establish
mixed-use development standards for a new Residential/Commercial Mixed-Use
Design Overlay (RCMUDO) zone, and MCA 10.03 will establish development
standards for a new C-4 (Regional Commercial) zone. The proposal also includes an
amendment to. the existing Mixed-Use Development Guidelines to reflect the
proposed mixed-use development standards. Lastly, Zone Change 10.02 is a
proposed comprehensive zoning map update, which if adopted, will bring all zoning
designations on the City of Rosemead Zoning Map into consistency with the land use
designations outlined in the General Plan. For Reference, the proposed
Residential/Commercial Mixed-Use Development Overlay development standards and
amended Mixed-Use Design Guidelines (Ordinance 889), C-4 (Regional Commercial)
development standards (Ordinance 890), and zone change map and ordinance
(Ordinance 891) have been attached as Exhibits A through C, respectively.
PC RESOLUTION 10-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
R EXHIBIT C
APPROVING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING
THAT THE CITY COUNCIL APPROVE MUNICIPAL CODE AMENDMENT 10.02, ADDING
THE RCMUDO "RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY"
ZONE AND CHAPTER 17.74 TO THE CITY'S MUNICIPAL CODE TO ESTABLISH
STANDARDS FOR THAT ZONE.
PC RESOLUTION 10.11- A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL APPROVE MUNICIPAL CODE
AMENDMENT 10.03, APPROVING MUNICIPAL CODE AMENDMENT 10.03, ADDING
THE C-4 REGIONAL COMMERCIAL ZONE AND CHAPTER 17.46 TO THE CITY'S
MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS FOR THAT ZONE.
PC RESOLUTION 10.12 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 10.02,
AMENDING A PORTION OF THE CITY OF ROSEMEAD ZONING MAP TO ACHIEVE
CONSISTENCY WITH THE CITY GENERAL PLAN. .
Principal Planner Bermejo presented the staff report and power point.presentation.
Chairwoman Herrera asked Planning Commissioners ifthey had any questions for staff.
Vice-Chairman Alarcon stated that staff has done a great job._.
Commissioner Eng also stated that staff has done a great job
Commissioner;Eng-stated that in'regardIs to the mixed-use standards, the residential units usually
get occupied first and they will not feel the impact of commercial uses until afterwards. She also
asked staff if there is a way to mitigate the noise and vibrations from the equipment.
Principal Planner Bermejo replied that there is nothing in the ordinance to regulate that, but as
each project comes forward it will be reviewed on it's own merit and it will be required to go through
CEQA analysis and noise will be one of those. She also stated that in that process, they will look
into the exterior and interior noise of that property to the surrounding area that will be affecting the
occupants of that building.
Development Director Wong stated that as each of these projects come in before the
Commission, each one will be reviewed independently on its own merit. He also stated this that will
be the best time to look at the environmental considerations.
Commissioner Eng questioned if CEQA requirements consider the impacts for the future.
Community Development Director Wong stated yes, it does look into the future development of
environmental impacts to the surrounding area and for the future tenants of the building.
EXHIBIT C
Commissioner Eng asked staff in regards to the height limit requirements for mixed-use projects, if
we can require mixed-use projects to be a certain distance from the R-1 and R-2 zones.
Principal Planner Bermejo stated that there are four mixed-use nodes and pointed out on the
power point presentation where the nodes are that are near residential and explained to the
Planning Commission that the density is a lot lower and height requirements will be a lot lower, and
explained why that requirement would be difficult to add.
Commissioner Ruiz stated that the height requirement in one of the residential nodes has the wash
that goes right through it and part of that belongs to El Monte, and on the other side is the railroad
tracks so it should not be that affected. He also asked staff if there- will be balconies on these
structures.
Principal Planner Bermejo replied yes outdoor structure is allowed.
Commissioner Ruiz asked staff if they will be allowed to face the street or if they will protrude over
the property line.
Principal Planner Bermejo replied there will be set-back requirements.
Commissioner Ruiz questioned staff if they will still be required to follow the set-back requirements.
Principal Planner Bermejo replied yes that is correct.
Commissioner Eng asked staff for clarification in regards to,the Regional Commercial zone. She
asked if the uses require Planning, Commission approval of Design Review entitlements.
Principal Planner Bermejo replied yes, and explained the other items that would go to the Planning
Division.
Chairwoman Herrera opened the public hearing.
Brian Lewin stated that he would like thank staff and is glad that the mixed-use guidelines are
becoming an ordinance. He also stated he would like to make a few suggestions in the ordinance
17.74.050, on page 12, 4B, he-would like that we ask for a minimum sight line requirement in either
direction from all exits.
Principal Planner Bermejo asked if he meant egress or ingress from all exits.
Brian Lewin replied from all exits.
Principal Planner Bermejo stated some of the set-back requirements take care of that and referred
to page 18, Building Form, Section C.
Brian Lewin asked staff if that also included placement of bushes.
10 EXHIBIT C
Principal Planner Bermejo stated that she will check and make sure there is something in. the
ordinance and reassured Brian Lewin that each project will have a traffic analysis done and
visibility will be addressed.
Brian Lewin stated that his biggest concern is visibility for pedestrian safety.
Principal Planner Bermejo stated that our Public Realm setback will help the visibility issue as well.
Brian Lewin asked staff if that includes the monument signs.
Principal Planner replied that the monument signs has its own separate provisions and has setback
requirements, as well.
Brian Lewin asked on B. 5, regarding the parking issue, if we can consider having two guest
parking spaces for every three dwelling units or consider increasing the parking requirements for
commercial uses in mixed-use facilities to prevent street overflow.
Chairwoman Herrera asked staff if there are any exemptions for parking.
Principal Planner Bermejo replied what is being proposed `in `(his ordinance is that the residential
parking is separated from the commerciai~ arking and read the requirement for residential.
Commissioner Ruiz stated that the more parking spaces you provide, the more people you will
have living in those structures. He also stated that he opposed Brian Lewin's suggestion.
Vice-Chairman Alarcon stated our-design is, and other cities designs are, putting an emphasis on
walking.
Brian Lewin stated he disagrees and feels people will park on the street.
Commissioner Hunter asked staff what the residential parking requirement was for the mixed-use
on Mission near Rosemead Boulevard`.
Principal Planner Bermejo replied that one is now apartments and the ratio was two per unit plus
one for every two. She also stated that the commercial was also built as restaurant one per every
one hundred.
Chairwoman Herrera asked staff if there were concessions.
Principal Planner replied no.
Brian Lewin stated there were two approved projects that did claim that concession. He stated the
five-story structure on Garvey did and he believes the one on Rosemead Boulevard and Guess
did.
11 EXHIBIT C
Principal Planner Bermejo stated that she believes he is referring to SB-1818, the affordable
housing law. She explained that the law allows a parking concession if the project provides
a percentage of affordable units.
Chairwoman Herrera asked staff if they were coming to the Planning Commission.
Principal Planner Bermejo replied those two projects are not currently in building plan check.
Brian Lewin stated that looking at page 13, 73, he would like to request that a requirement be
added requiring a solid overhead covering for trash enclosures to prevent storm water intrusion. He
also requested to change the language in the guidelines to, "the trash enclosures should have a
solid roof'.
Principal Planner Bermejo stated that is something that is required through:NPDES requirements.
She also stated that most trash bins from Consolidated Disposal have lids and sometimes fully
enclosed enclosures create odor issues.
Brian Lewin stated he is requesting a solid top cover as illustrated above bike rack picture.
Commissioner Ruiz stated we already have something like that.in place. He mentioned that China
Bistro's enclosure has a roof.
Principal Planner Bermejo stated we also have a standard trash enclosure that we hand out at the
counter with dimensions and the type of coverage that they would need.
Commissioner Eng asked staff if there will be requirements and standards to have separate trash
depositories for commercial and residential uses in the mixed-use projects.
Principal Planner Bermejo replied that the trash enclosure location will be decided during the
Design Review.
Brian Lewin stated that he would suggest on page 21, looking at Subsection D., 2A, changing the
wording to "not exposed to offensive noise, light, or odor."
Principal Planner Bermejo stated this section basically deals with noise abatement only. She also
stated it may be difficult to regulate odors in this ordinance, and added that each project will be on
its own merit.
Commissioner Ruiz stated that that building codes and licensing requirements will require filtering
systems.
Community Development Director Wong stated that each project will be reviewed on its own merit,
and Commissioner Ruiz is correct there are filtration regulations addressing odor concerns.
Brian Lewin stated that on page 28, B-1.C, it talks about reflective roofing and exterior wall material
and is concerned if it is too reflective it may cause problems for the neighbors.
12 EXHIBIT C
Principal Planner Bermejo stated that is something that will be addressed as each project is
submitted.
Brian Lewin stated the map reflects that the southern portion of the Savannah Cemetery has a
Design Overlay.
Principal Planner Bermejo stated it currently does have a Design Overlay and all the parcels along
Valley Boulevard were approved several years ago with a Design Overlay.
City Attorney Murphy stated that before the Public Hearing is closed, there are two administrative
changes that need to be made to the Planning Commission Resolutions. He stated that Planning
Commission Resolution 10-10 needs to include an amendment to section 17.08.010 to include the
Residential/Commercial Mixed-Use Development Overlay (RCMUDO)` zone into that section. He
also stated that Planning Commission Resolution 10-11 also needs to include an amendment to
section 17.08.010 to include the C-4 Regional Commercial zone. -
Chairwoman Herrera asked if anyone was in favor or against.
None
Chairwoman Herrera closed the Public Hearing and asked for a motion.
Community Development Director Wong recommended that each action be voted on separately.
Vice-Chairman Alarcon made a motion, seconded by, Commissioner Ruiz, to approve
Municipal Code Amendment 10-02 (MCA 10.02) and ADOPT Resolution 10.10 with findings.
Vote resulted in:
Yes:
:Alarcon, Eng, Herrera, Hunter, Ruiz
No:
None
Abstain:
None
Absent:
None
Commissioner Ruiz made a motion, seconded by Commissioner Hunter, to approve
Municipal Code Amendment 10.03 (MCA 10-03) and ADOPT Resolution 10.11.
Vote resulted in:
Yes:
Alarcon, Eng, Herrera, Hunter, Ruiz
No:
None
Abstain:
None
Absent:
None
Vice-Chairman Alarcon made a motion, seconded by Commissioner Ruiz, to APPROVE
Zone Change 10-02, and ADOPT Resolution 10.12 with findings.
13 EXHIBIT C
Vote resulted in:
Yes:
Alarcon, Eng, Herrera, Hunter, Ruiz
No:
None
Abstain:
None
Absent:
None
5. MATTERS FROM THE CHAIRWOMAN & COMMISSIONERS
Vice-Chairman Alarcon would like to thank Code Enforcement for responding so quickly regarding
shopping carts and dog issues.
Commissioner Ruiz and his wife would like to thank everyone, including City Council, for the
beautiful flowers and well wishes. He also stated staff has worked hard.and has done a great job
and the city is going in the right direction.
Commissioner Eng would also like to thank staff for all their hard work.
Chairwoman Herrera also thanked staff.
Community Development Director Wong stated he would like to also commend Sheri Bermejo for
all her hard work on these ordinances.
MATTERS FROM STAFF
6.
None
7. ADJOURNMENT
The next regular Planning Commission meeting is scheduled for Monday, April 19, 2010,
at 7:00 p.m.
ATTEST:
Rachel Lockwood
Commission Secretary
Diana Herrera
Chairwoman
14
EXHIBIT C
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 ("WTF"); and
WHEREAS, Sections 17.116 of the
Planning Commission to consider and
amendments to the City Council; and
Rosemead Municipal Code authorize the
recommend proposed municipal code
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 D
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 other equipment as described
in Section 17.82.040 of this Title, or other structures shall exceed the height limit
provided in this title. Radio and television masts, 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 D
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 D
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 D
"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 D-
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 D
"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 D
"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 D
"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 D
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 D
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 D
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
twelve (12) 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 thirty
six (36) 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 D
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 D
(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 D
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 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
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 D
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 D
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 D
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 d8m 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 D
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
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 D
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 D
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 D
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 D
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.
1. 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 D
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 D
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; or
b. Property in the M-1 and O-S zones.
c. Notwithstanding the foregoing or Section 17.82.140, any Wireless Facilities,
Wireless Transmission Devices, Support Structures or Accessory Equipment
existing as of the effective date of this ordinance shall not be deemed to be
nonconforming for purposes of co-location.
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
25 EXHIBIT D
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
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:
26 EXHIBIT D
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. 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.
27 EXHIBIT D
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:
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
28 EXHIBIT D
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.
L. 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.
29 EXHIBIT D
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
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
30 EXHIBIT D
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 61St 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.
31 EXHIBIT D
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
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
32 EXHIBIT D
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
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
33 EXHIBIT D
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 Wireles's
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
34 EXHIBIT D
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
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
35 EXHIBIT D
.,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
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:
36 EXHIBIT D
r~f
33. Wireless Facilities, Wireless Transmission Devices, Support Structures and
related Accessory Equipment subject to the regulations in Chapter 17.82 of this
Title.
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: ALARCON, ENG, HERRERA, HUNTER, RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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.
Dia a 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: ALARCON, ENG,
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
HERRERA, HUNTER, RUIZ
37
EXHIBIT D
ENVIRONMENTAL CHECKLIST FORM
CITY OF ROSEMEAD
PLANNING DIVISION
8838 E. VALLEY BLVD.
ROSEMEAD, CALIFORNIA 91770
2.
4.
Project title:
Lead agency name and address:
Contact person and phone number:
Project location:
Municipal Code Amendment 10-01
City of Rosemead
8838 East Valley Blvd.
Rosemead, CA 91770
Paul Garry, Senior Planner
(626) 569-2147
City-Wide
City of Rosemead
County of Los Angeles
5.
Project sponsor's name and address:
City of Rosemead
8838 East Valley Blvd.
Rosemead, CA 91770
6. General plan designation: 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 E
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
❑
Biological Resources
❑
Hazards & Hazardous
Materials
❑
Mineral Resources
❑
Public Services
❑
Utilities/Services
Systems
❑ Agriculture
Resources
❑ Cultural Resources
❑ HydrologyNVater
Quality
❑ Noise
❑ Recreation
❑ Mandatory Findings of Significance
❑
Air Quality
❑
Geology/Soils
❑
L.and Use/Planning
❑
Population/Housing
❑
Transportation/Traffic
2 EXHIBIT E
DETERMINATION
On the basis of this initial evaluation:
Q 1 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.
❑ I 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.
❑ 1 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.
Signature Date
Paul Garry Senior Planner
Printed Name
For
EXHIBIT E
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.
3. 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.
a EXHIBIT E
ENVIRONMENTAL CHECKLIST
----'Min -
Potentially
Significant Less Than
significant
l
With Significant
No
linpadt„
EnvironmentilIssues
Mitigation linpact. impact*,
1. Aesthetics-
-
Would the!P,rofect _
a) Have a substantial adverse effect on a scenic ❑
❑ ®
❑
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock ❑
❑ ❑
outcroppings, and historic building within a state
scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its ❑
❑ ®
❑
surroundings?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime ❑
❑ ®
❑
views in the area?
2. , Agricult_u_re_Resources
' T
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
11(1997) prepared bylhe California Department of Conservation as,
an optional model to use in
,
-Acts on agriculture and farmland.. .
assessing imp
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, ❑
❑ ❑
23
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?
1. Air Quality= ' . ~ - . ~ - - -
, -
n_t orr. a
Where:available the sign cance..criteria established by`the applicable airquality•manageme
_
air pollution`control distnct mayr_b-e relied upon to make the following deteimihations
Would the p0ect
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 E
. ,
- Less Than
Potentially . Significant Less Than
Significant " With Significant No
_
Environmental Issues _ _
• Impact Mitigation. Impact Impacfi
c)
Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
lit
i
bi
t
❑ ❑ ❑
y
r qua
en
a
applicable federal or state am
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
Wildlife Service?
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
❑ ❑ ❑
to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption,
or other means?
d)
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
wildlife nursery sites?
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
❑ ❑ ❑
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
5. Cultural, Resources
. Would_tfie P,rojecta
, ,
EXHIBIT E
- - -
- ' -
T - -
Less Than
e
Potentially
Significant
Less Than
"I
'
Significant
With
Significant
- No
_ Environmental Issues -
Impact- _
Mitigation
Impact.-
_Impac
a)
Cause a substantial adverse change in the
significance of a historical resource as defined
❑
❑
❑
E
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
❑
❑
❑
19
interred outside of formal cemeteries?
6. Geology and Smis'.
~
Wouldthe.~pro/ect
_ m.__,.-.
-
-
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
❑
❑
❑
E
based on other substantial evidence of a
known fault? Refer to Division of Mines
and Geology Special Publication 42.
ii) Strong seismic ground shaking?
❑
❑
❑
E
iii) Seismic-related ground failure, including
❑
❑
❑
E
liquefaction?
iv) Landslides?
❑
❑
❑
E
b)
Result in substantial soil erosion or the loss of
❑
❑
❑
E
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
❑
❑
❑
E
(1994), creating substantial risks to life or
property?
e)
Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
❑
❑
❑
E
disposal systems where sewers are not
available for the disposal of wastewater?
EXHIBIT E
LessThari'
Potentially Significant Less Than
l
Significant With Significant No
~
_
Environmental Issues
impact mitigation Impact -.Impact
7. Hazardsand.Hazardous Materi als--
- - - -
r
-project;
Would the
a)
Create a significant hazard to the public or the
environment through the routine transport, use,
❑ ❑ ❑
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
❑ ❑ ❑
likely release of hazardous materials into the
environment?
c)
Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
❑ ❑ ❑
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,
❑ ❑ ❑
would it create a significant hazard to the public
or the environment?
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 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
❑ ❑ ❑
hazard for people residing or working in the
project area?
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
❑ ❑ ❑
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
❑ ❑ ❑
urbanized areas or where residences are
intermixed with wildlands?
EXHIBIT E
.
•
Leis
T '
. " ~
_
Potentially Significant Less `Than
Significant With Significant ; No
Environmental Issues- ;
Impact Mitigation Impact Impact
Hdrolojjj and Water Quality
8 `
--T--- - -
--:Would the jiro~ect .
;
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
❑ ❑ ❑
substantially increase the rate or amount of
surface runoff in a manner, which would result in
flooding on- or off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned
❑ ❑ ❑
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
❑ ❑ ❑
g) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
❑ ❑ ❑
Boundary or Flood Insurance Rate Map or other
flood hazard 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,
❑ ❑ ❑
including flooding as a result of the failure of a
levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
❑ ❑ ❑
_9_:.1 Land Use and Planning
Would the project T
a) Physically divide an established community?
❑ ❑ ❑
EXHIBIT E
•
tesa Than
-
" °
Potentially. Significant `Less Than
Significant With Significant No
Environmental Issues
Impact Mitigation Impact linpacf
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. Minerai Resoun e_s
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
❑ ❑ ❑
delineated on a local general plan, specific plan
or other land use plan?
-
-11: Noise's
Would, the , ro'ect 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 standards of other agencies?
_
b) Exposure of persons to or generation of
excessive groundborne vibration or
❑ ❑ ❑
groundborne noise levels?
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?
1.1,12opulation and. Housing _
Would the project-,<
_ _ _
10 EXHIBIT E
Less Than
a
Potentially
Significant
Less Than
j
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
❑
❑
❑
and businesses) or indirectly (e.g., through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
❑
❑
❑
replacement housing elsewhere?
c) Displace substantial numbers of people
necessitating the construction of replacement
❑
❑
❑
housing elsewhere?
13. Public Sennces,
:Would the project _result insubstantial adverse physical impacts associated with the provison.cf.
new or physically altered governmental.' facilities, need for new or
physically altered govemmental
.
cilities,' the constryction of,which could cause significant environmental impa
fa
cts, in order to '
maintain *acceptable service ratios response times or
other performance obfectives for any of the-
• public services
a) Fire Protection?
❑
❑
®
❑
b) Police Protection?
❑
❑
®
❑
c) Schools?
❑
❑
®
❑
d) Parks?
❑
❑
❑
e) Other public facilities?
❑
❑
®
❑
---'6'~-----^'e.H-
14 Recreation,.
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
❑
❑
❑
physical deterioration of the facility would occur
or be accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of
❑
❑
❑
recreational facilities, which might have an
adverse physical effect on the environment?
15. TransportationfTraffic _ - - - - -
-
r t
Would the proiect
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
❑
❑
❑
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
❑
❑
❑
county congestion management agency for
designated roads or highways?
11 EXHIBIT E
Less-Than
Potentially Significant' Less Than.
No
Significant With Significant
Environmental Issues
_
_ -Impact ' Mitigation Impact : Impact j
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
❑ ❑ ❑
intersections) or incompatible uses (e.g., farm
equipment)?
e)
Result in inadequate emergency 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
effects?
c)
Require or result in the construction of new
storm water drainage facilities or expansion of
❑ ❑ ❑
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
❑ ❑ ❑
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
❑ ❑ ❑
and regulations related to solid waste?
77, Mandatory Findings of Significance
12 EXHIBIT E
_ n
Less Than .
. I
.
;Potentially Si nificant Less=Than - "
"
Significant :With Significant No
Environmintal`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 E
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,o) 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 E
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 E
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 E
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.
7
8.
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.
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.
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 E
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 E
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 ser vices 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 E
15. TRANSPORTATION/TRAFFIC
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 E
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 E
References
1. City of Rosemead General Plan, October 14, 2008
2. City of Rosemead Municipal Code
22 EXHIBIT E
•
•
10
EXHIBIT F
Wireless Fadtity Lo=ons
A
CUP$
Address
service
Type of Tower
Phyalcal Loca&m
APN
1
69 89 1
9105 Masson
Gnguter Winless
Monopole i
NWEC ~wmn<x & Rosemead
8592-018.902
2
02-555
8780 Valley Blvd
Nevtel
Monopole
SWC Musatel 6 Valley
539000-037
92-555 (MOD)
8780 Valley Bhv
Spaa Nvxtw
CC-40=60rt
SWC Musare/ A Valley
63904),10437
3
92-575
8829 Garvey
AT&T
Monopole
NEC Garvey & Burton
5289-004.038
4
9"14
909 San Gabriel
Spectrashe
Monopole
NWC San Gabriel & FWV 60
5275-014-065
5
95.872
9083 Mission
Sprint
Roof Mounted
NEC Rosemead & Mission
5287-020.1039
96-672 (MOD)
9063 MIS&W
Sprint! NIPXW
Co-bca(kn
NEC Rosemead & M7aahn
5287.020.1039
8
96863
888 Montebello
Sprint
Roof Mounted
SWC FWY 80 & San Gabriel
5271.002.081
96803 (MOD)
888 Montebello
Sprint Neldel
Co4ocution
SEC Montebello Blvd & F1NY 60
5271-002.051
7
97-703
1001 San Gabriel
LA Cellular
Roof Mounted
SWC San Gabriel & FWY 50
8592.016904
9
W732
588 Montebello
Patl6c Ban
Roof Mounted
SEC Montebello Blvd & FWN 50
5271402.051
9
96748
888 Montebello
No"
Roof Mounted
SEC Montebello BW & FWY 04
5271.002.061
10
06795
8623-8029 Garvey
saw Netdel
Monopole
law Walnut Grove & Burton
5289404-035. 03B
00402
3535 Hat
Sprint
Roof Mounted
SWC Han & FWY 10
5594.023.043
12
01428
7403 Hellman
Pacific Ben
Roof Mounted
NEC Hellman & New
5288.006030
13
01-027
8500 Anson
Spirt
SCE Tower Mounted
NWC Anson 6 Rockhold
5258.015801
01827 (MOD)
8500 Anton
Sprint Nsxfet
Co-location
NWC Arfeon & Rockhold
5288-015-001
14
01.836
4825 Earle
AT&T
Roof Mounted
SWC Earle 8 Grand
5369-002-019
15
01-844
3506 Rosemead
Cltgular
Roof Mounted
SWC Had & FWY 10
9591-023-043
19
02-058
7421 Garvey
Cbtpular
Mompalm
NEC Garvey & Now
5288.019.003
17
02.880
4213 Rosemead
Cingular
Roan Mounted
NWC Rosemead & Newby
5286009-030
18
02.974
2300 Kelibum
Cingulr
SCE Tower Mounted
NEC Kelbum & Grieves
5284-020-801
19
02.879
5306 Garvey
Cingulr
SCE Tower Mourned
SEC Gamy & Chrlode
5283-006
901.802.503.504
20
02.881
7403 HeNntn
Sprint
Monopolm
NEC Heamot & NM
5296-008-030
02-091 (MOD)
7403 Heenan
Slow Mendel
W-bCstw
NEC rMMran & New
5286436.030
21
03.928
8521 Valley
Cklpular
SCE Twer Mounted
NWC Valley & Wont Grave
537240204804
22
05097
7840 Garvey
Cinpulr
Monopine
SEC Garvey & Brighton
5294-038-000, 802
09-07
7840 Garvey
Clerwa!
Co lowbon
SEC Gamey & Bhghfon
5284-038-000, 802
23
051011
8305 Garvey
Verizon
SCE Tower Mounted
SEC Chariote & Garvey
52113.006800
24
051015
7421 Garvey
Nexlel
Motopalm
NEC Garvey a New
5288-019.003
05-1015 (MOD)
7421 8arvey
Spwa Neater
Co-locrbn
NEC Garvey & Maw
5206-019-003
25
051024
4545 Walnut Grove
Cinguli r
SCE Tower Mounted
SWC Mission and Walnut Grove
5372.018-802
28
051035
3855 Rockhold
T-Mobile
SCE Tager Mounted
NWC Rockhold & Olney
5371 013401
27
051040
22x4 Walnut Grove
T-Mobne
Monopine
SWC Walnut Grove & Mbsbn
5281-029.904
09-05
2244 wakar Gmve
Verimn
C040C~
SWC Wekaa Grove & Mradon
5281.020-000
28
061057
AngelusrFem
Royal Wool
SCE Tower Moused
NWC Angelus & Fern
528.}016.906
29
061062
Edison Property. Marshall
Street between Rockhold
& Earle
Royal WW
SCE Two Mounted
Between Marshall and Olney
5371-013-001
3o
061088
9117 Garvey Avenue
OmnUoint
Communbtlone
Monopine
Gamy Ave & Garvey bridge
11595418-002
31
07-1098
Edison RUM of Way
Onnnool"It
Corn loom calloru
SCE Tower Mounted
SWC Dorothy and Rodtholo
5289-003-000
32
07-1111
7839 Elverson Plan
T-Mobile
Monocypess
NE comer of lot
5287.020.039
33
OB-03
8308 Garvey
Veri2on Wireless
SCE Tower Mounted
Between Garvey and Fem
5283-008.801
34
09.08
8388 Grand Avenue
Metro PCs
Monopine
SWC Garvey and Delta
5389-001-901.902
•
•
Number of Monopalms: 3 Co-locatlons: 9
Number of Monopines:
Number of Monopoles:
Number Mounted on SCE: 11
Number Mounted Roof Tops: 10
Number of of Cypress Tree 1
TOTAL 3~ Is
EXHIBIT F