CC - Item 8F - Ordinance 892 - 2nd Reading - Amending Title 17 of the Rosemead Municipal Code - Wireless Telecommunications FacilicitesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGE
DATE: MAY 11. 2010
SUBJECT: ORDINANCE 892 -SECOND READING: AMENDING TITLE 17
(ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY THE ADDITON
OF A NEW CHAPTER 17.82 (WIRELESS TELECOMMUNICATIONS
FACILITIES)
SUMMARY
On April 27, 2010, the City Council introduced Ordinance No. 892, which approved
amending Title 17 of the Rosemead Municipal Code by the addition of a new Chapter
17.82, which establishes Development and approval standards for Wireless
Telecommunications facilities, devices, structures and equipment used for wireless
transmission within the City of Rosemead. Ordinance No. 892 is now before Council at
the required -second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 892 at its second reading.
PUBLIC NOTICE PROCESS ,
This item has been noticed through the regular agenda notification process.
PAll repared by:
~n
lSl L';\OGU tcc.l
GLORIA MOLLEDA
CITY CLERK
Attachment A - Ordinance No. 892
APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: I
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,
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 Cede 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
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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,
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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
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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
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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 ina 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.
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"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.
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"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
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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.
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"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
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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
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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
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discretion, after written request therefor, extend the term of the CAP for up to
six (6) additional months; no CAP shall continue longer than eighteen (18)
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, a-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
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Wireless Facility, Wireless Transmission Device, Support Structures and/or
Accessory Equipment will be located.
d. Coverage and Other Service Objectives: The applicant shall include the
following information in the application form:
i. A general summary of those specific service objectives which the
applicant seeks to attain or.address through its proposal. (e.g., whether it
is to add additional network capacity; increase existing signal strength; or
provide new radio frequency coverage);
ii. A general summary of the nature, location and geographic boundaries of
any purported gap in network coverage and a summary of the scope of
such a gap at various locations within its identified geographic boundaries
(e.g., whether and where it extends to in-building coverage, in-vehicle
coverage and/or outdoor coverage).
iii. A general summary of the applicant's good faith efforts to identify, study
and evaluate less intrusive alternatives, including the use of less intrusive
technologies and equipment; alternative system designs; Alternative Siting
Structure types; Alternative' Siting Structure design, including Stealth
Facility designs; alternative scale or size; and alternative siting options
(e.g., alternative locations within the search ring, co-location opportunities
or placement upon Alternative Siting Structures).
iv. A general explanation as to why specific circumstances, conditions or
other factors render each of the alternatives identified pursuant to
subsection (A)(1)(d)(iii) of this Section, above, incapable of reducing any
purported coverage gap to a de minimis level.
e. Project Description. The applicant shall include the following information in
the application form:
i. A written description of the real property parcel where the proposed
Wireless Facility, Wireless Transmission Device, Support Structure, and/or
Accessory Equipment, including parcel size, width, depth, the location of
mature trees, zoning designation and current use;
ii. The type of Wireless Facility and/or the type, number and dimensions
Wireless Transmission Devices, Support Structures, and/or Accessory
Equipment proposed;
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
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 o~ 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
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
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
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);
r,
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,
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
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 hall 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=
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 ruse of less intrusive technologies and
equipment; alternative system designs; Alternative Siting Structure types;
Alternative Siting Structure design, inciuding 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
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
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
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
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 uppn 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
building such as the steeple of-a church building, parapets, faux chimneys or
other similar design feature.
c. Proposals in which a Wireless; Facility or Wireless Transmission Device and
related Accessory Equipment; and Support Structures are mounted and
screened upon the roof of a multi-story industrial or commercial building
capable of safely accommodating such facilities, devices, equipment and
structures.
d. Proposals in which an individual Wireless Transmission Device and related
Accessory Equipment is affixed or mounted upon an existing utility pole,
lighting pole, light standard or other similar Alternative Siting Structure.
e. Proposals contemplating the construction of a new monopole structure, with
preference given to proposals which qualify as Stealth Facilities.
f. Proposals involving the construction of new lattice towers or guyed structures.
Where this option is proposed, the applicant shall identify, study, evaluate and
pursue designs which camouflage such structures in a manner that promotes
aesthetic consistency and harmony with surrounding structures.
g. Proposal in which a Wireless'Transmission Device and related Accessory
Equipment are mounted on the fagade of a building, water tower, or other like
structure in a manner that does not camouflage, integrate and conceal such
devices and equipment within the decorative design features of the building or
structure.
2. Wireless Facilities, Wireless Transmission Devices, Support Structures and
Accessory Equipment are permitted in the following locations:
a. Real property exclusively owned by the City of Rosemead, a School District
as defined herein in fee simple, or by a public utility; or
b. Property in the M-1 and O-S zones.'
'pr Section 17.82.140, any Wireless Facilities,
c. Notwithstanding the foregoing,
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.
,r25
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
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
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 Rshall 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
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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 surround'ing,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
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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.
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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 Cify 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.
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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
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approved landscape plan at all times. Amendments or modifications to such plan
shall be submitted for approval to the Community Development Director.
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D. Maintenance of Certain Stealth Facilities: Stealth Facilities designed to appear as
flagpoles must have a flag flown upon the structure and such flag must be properly
maintained at all times. Flags which become tattered, torn, faded or otherwise
damage shall be replaced with a new flag. Light fixtures included as part of Stealth
Facilities designed to appear as light standard or other lighting structures shall be
operable at all times. Damaged, defective or burn-out light fixtures shall be replaced
promptly.
E. Contact Information: A permanent, weather-proof identification sign must be placed
on the gate of the fence surrounding a Wireless Facility or, if there is no fence, at an
accessible and conspicuous location approved by the Community Development
Director. The sign must state the name, address, phone number of the owner of the
real property parcel where the subject Wireless Facility, Wireless Transmission
Device, Support Structure, Alternative Siting Structure, or Accessory Equipment is
located, the Wireless Service Provider using the equipment, and the owner of the
equipment, if different from owner of the real property parcel or the Wireless Service
Provider. Fax numbers and e-mail contact number shall also be included, if
available. If the owner of the real :,property parcel where the subject Wireless
Facility, Wireless Transmission Device, Support Structure, Alternative Siting
Structure, or Accessory Equipment is located has no other contact information, other
than a residential telephone number or residential address, the Planning
Commission may maintain such information as part of the records of the City of
Rosemead in lieu of appearing on any, signage.
F. Maintenance Responsibility: The compliance with the maintenance obligations set
forth under this Section shall be a joint and several obligation of the following parties:
1. The owner of a Wireless Facility, Wireless Transmission Device, Support
Structure, Alternative Siting Structure, and Accessory Equipment and the
user(s)/operator(s) of the same if different from the owner; and
2. The owner of the real property. parcel where a Wireless Facility, Wireless
Transmission Device, Support Structure, Alternative Siting Structure, and
Accessory Equipment are located..'
17.82.100 Abandonment or discontinuance of use - Removal of facilities.
A. Notice to City. A Wireless Service Provider shall provide written notice by certified
U.S. mail to the Community Development Director and the Chief Building Official in
the event (i) the Wireless Service : Provider intends to terminate or otherwise
abandon its use of a Wireless Facility'or individual Wireless Transmission Device; or
(ii) the Wireless Service Provider is required to discontinue its use of a Wireless
Facility or individual Wireless Transmission Device. Such notice shall be mailed not
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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 ;ncludes 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.
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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.
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17.82.130 Wireless facilities in the public right-of-way.
A. Section 7901 of the California Public Utilities Code confers upon telephone
corporations as defined herein the right to construct telephone lines and equipment
"along and upon any public road or highway" in such manner and at such points as
.,not to incommode the public use of the road or highway." Public Utilities Code
section 7901.1 authorizes a municipality to "exercise reasonable control" over the
time, place, and manner in which roads and highways are accessed. In 2006, the
State Legislature adopted the Digital ;Infrastructure and Video Competition Act of
2006 (the "Act'), which established a state franchising system for video service
providers that is administered by the Public Utilities Commission. The Act added
Section 5885 to the Public Utilities Code, which requires local entities, including
cities, to allow a state video franchise holder to install, construct, and maintain a
"network" within public rights-of-way. under the same time, place, and manner
provisions that apply to telephone corporations under applicable state and federal
law, including the provisions of Public Utilities Code section 7901.
B. The City Council finds and determines that it is necessary, desirable, and in the
public interest to impose the City's time, place, and manner requirements, as
authorized by Public Utilities Code section 7901.1, upon telephone corporations and
upon state video franchise holders through the encroachment permit process and
procedures that are specified in Title 12 of the Rosemead Municipal Code.
Enforcement of the City's time, place,, and manner requirements specified in Title 12
is the responsibility of the Superintendent of Streets or designee.
17.82.140 Nonconforming facilities.
A. Legal Nonconforming Uses: Any Wireless Facility, Wireless Transmission Device,
Support Structure, Alternative Siting Structure and Accessory Equipment placed,
affixed, mounted, constructed, develcped, 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: Ahy 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
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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 11th day of May, 2010.
Gary Taylor, Mayor
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ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, City Attorney
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