PC - Item 3.A - Municipal Code Amendment 25-01ROSEMEAD PLANNING COMMISSION
STAFF REPORT
4933-7251-9314 v1
________________________________________________
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TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 2, 2026
SUBJECT: MUNICIPAL CODE AMENDMENT 25-01
SUMMARY
Municipal Code Amendment 25-01 (MCA 25-01) is a city-initiated amendment to Title 17
(Zoning) of the Rosemead Municipal Code intended to bring Chapter 17.54 (Wireless
Telecommunication Facilities) into compliance with Federal and State laws. The proposed
amendment would allow greater flexibility and responsiveness to Federal and State laws
while still preserving the City’s traditional land use authority to the maximum extent
practicable.
ENVIRONMENTAL DETERMINATION
MCA 25-01 is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined
in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential for resulting in physical change to the environment, directly or
indirectly.
STAFF RECOMMENDATION
That the Planning Commission adopt Planning Commission Resolution No. 26-01 with
findings (Exhibit “A”), a resolution recommending that the City Council adopt Ordinance
No. 1032 (Exhibit “B”) for the approval of MCA 25-01.
DISCUSSION
In 2015, the City Council adopted Ordinance No. 944, amending Chapter 17.54 (Wireless
Telecommunication Facilities) for the purpose of compliance with state and federally
mandated changes to procedures and standards governing the collocation of wireless
telecommunication facilities.
Planning Commission Meeting
March 2, 2026
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Since the last amendment, the City’s authority to regulate wireless telecommunication
facilities have become more constrained over time, as various Federal and State
regulations have been adopted and amended over time, including:
• Updates to 47 C.F.R. § 1.6100 et seq.; and
• The Federal Communications Commission’s (FCC) 2018 Declaratory Ruling and
Third Report and Order (FCC-18-133) also known as the “Small Cell Order” and
relates to wireless installations on private property; and
• FCC’ s 2020 Ruling regarding “Implementation of State and Local Governments’
Obligation to Approve Certain Wireless Facility Modification Requests Under
Section 6409(a) of the Spectrum Act of 2012.”
Updated federal rulings require the City to approve an application for an eligible facility
request (EFR) if the proposed modification or collocation does not result in a “substantial
change” to existing support structure or facility and meets all other Federal requirements.
In addition, the Small Cell Order included regulations for the construction of wireless
communications equipment in the public right-of way, including installations on
streetlights and utility poles.
As a result of these changes in law, the Planning Division is proposing to amend Chapter
17.54 (Wireless Telecommunications Facilities) of the Rosemead Municipal Code to
incorporate new requirements for wireless facilities on private property while the Public
Works Department will incorporate requirements for wireless facilities in the public right
of way, specifically, Chapter 12.54 (Wireless Telecommunications Facilities in the Public
Right-of-Way).
Since the proposed amendments to Chapter 17.54 (Wireless Telecommunication
Facilities) make reference to definitions and provisions related to wireless
telecommunication facilities in the public right-of-way, a draft copy of Chapter 12.54
(Wireless Telecommunications Facilities in the Public Right -of-Way) has been attached
as Exhibit “C” and is available for reference only.
Proposed Municipal Code Amendments
To comply with updated Federal and State laws, the following amendments to Title 17
(Zoning) are outlined below:
Chapter 17.54 (Wireless Telecommunication Facilities)
• Definitions have been added, amended, or removed.
• Establish procedures for new wireless telecommunication facilities.
o Approval of a Discretionary Wireless Facility Permit by the Planning
Commission. The Discretionary Wireless Facility Permit would replace the
existing Conditional Use Permit application process.
• Establish procedures for wireless telecommunication facilities that qualify as an
“Administrative Collocation” or “Eligible Facilities Request”
Planning Commission Meeting
March 2, 2026
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o Approval of an Administrative Wireless Facility Permit by the Community
Development Director. The Administrative Wireless Facility Permit would
replace the existing Site Plan Review application process.
• Addition of new code section related to Over-The-Air-Reception Devices, Federal
or State laws, and Violations.
• Removal of code sections that are no longer relevant.
Title 17 (Zoning)
The following land use tables have been updated to remove the Conditional Use Permit
application process and refer to Chapter 17.54 (Wireless Telecommunication Facilities)
for specific use regulations and permitting requirements:
• Table 17.20.020.1 – Uses In Commercial and Industrial Districts
• Table 17.21.020.1 – Uses in the Garvey Avenue Specific Plan District
• Table 17.24.020.1 – Uses in Special Purpose Districts
• Table 17.28.040.1 – Permitted Uses
Proposed Fee Structure
Subsection 17.120.060 (Application Fees) of Title 17 (Zoning) authorizes the City Council
to establish a schedule of fees for the processing of applications. The proposed changes
establish a new permit type, Wireless Facilities Permit, which can be processed
administratively or discretionarily with the Planning Commission. Staff is analyzing costs
for this permit type, which will be presented to the City Council at a later date.
MUNICIPAL CODE REQUIREMENTS
The findings required for a Municipal Code Amendment in Rosemead Municipal Code
Section 17.152.060 are contained in PC Resolution 26-01 (Exhibit “A”).
PUBLIC NOTICE PROCESS
This item has been duly noticed in compliance with the noticing and public hearing
requirements of Chapter 17.156 (Public Hearings and Administrative Review) of Title 17
(Zoning), and Assembly Bill (AB) 2904 which further requires a 20-day noticing period for
Planning Commission hearings on a proposed zoning ordinance or amendment to a
zoning ordinance if the proposed ordinance or amendment to a zoning ordinance affects
the permitted uses of real property.
EXHIBIT “A”
PC RESOLUTION 26-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1032 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 25-01,
AMENDING CHAPTER 17.54 (WIRELESS TELECOMMUNICATION
FACILITIES) TO BE IN COMPLIANCE WITH FEDERAL AND STATE
LAWS
WHEREAS, amendments to Title 17 (Zoning), specifically Rosemead Municipal
Code Chapter 17.54, Table 17.20.020.1, Table 17.21.020.1, Table 17.24.020.1, and
Table 17.28.040.1 are necessary to update the City’s existing regulations for wireless
telecommunication facilities to be in accordance with Federal and State laws; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City’s Zoning Code; and
WHEREAS, on February 9, 2026 the item was duly noticed in compliance with the
noticing and public hearing requirements of Chapter 17.156 (Public Hearings and
Administrative Review) of Title 17 (Zoning), and Assembly Bill (AB) 2904 , which further
requires a 20-day noticing period for Planning Commission hearings on a proposed
zoning ordinance or amendment to a zoning ordinance if the proposed ordinance or
amendment to a zoning ordinance affects the permitted uses of real property.
WHEREAS, on March 2, 2026, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal Code
Amendment 25-01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. MCA 25-01 is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 2. The Planning Commission HEREBY RECOMMENDS the following
findings of fact do exist to justify City Council approval of Municipal Code Amendment 25-
01, in accordance with Section 17.152.060 of the Rosemead Municipal Code, as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed Municipal Code Amendment 25-01 addresses
established FCC regulations for wireless telecommunication facilities in the City of
Rosemead. The General Plan does not include explicit policies or discussion of Wireless
Telecommunication Facilities, which are regulated by Federal and State law and the
zoning code. The amendment updates to the code sections align with Federal and State
regulations which supersede existing restrictions in the zoning code or any specific plan.
The proposed amendment maintains the current consistency between the General Plan,
Specific Plans, and Zoning Code.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience or welfare of the City; and
FINDING: The proposed Municipal Code Amendment 25-01 will promote public
health, safety, and general welfare and serve the goals and purposes of Title 17 by
clarifying and complying with Federal and State law, which were established in the public
interest. The proposed amendment does not authorize any changes to the environment
and will have no impacts to properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: The proposed Municipal Code Amendment 25-01 adopts amendments
complying with FCC regulations for wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General Plan
and Zoning Code. Adopting the proposed amendment maintains consistency with all
other provisions of the Zoning Code by updating multiple cross references and use tables
to ensure there is no conflict.
SECTION 3. The Planning Commission HEREBY RECOMMENDS the City
Council adopt Ordinance No. 1032 for the approval of MCA 25-01.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 2, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 2026.
_______________________________
Chair Ung
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 2nd day of March,
2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Lily Valenzuela, Secretary
APPROVED AS TO FORM:
__________________________________________
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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EXHIBIT “B”
ORDINANCE NO. 1032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 25-01 AMENDING CHAPTER 17.54
“WIRELESS TELECOMMUNICATION FACILITIES” OF
ARTICLE 3 “REGULATIONS FOR SPECIAL USES AND
STRUCTURES” OF TITLE 17 “ZONING” OF THE CITY’S
MUNICIPAL CODE FOR THE PURPOSE OF COMPLYING
WITH FEDERALLY AND STATE LAWS GOVERNING
PROCEDURES AND STANDARDS RELATED TO
WIRELESS TELECOMMUNICATION FACILITIES ON
PRIVATE PROPERTY
WHEREAS, Chapter 17.152 of the Rosemead Municipal Code authorizes the Planning
Commission to consider and recommend proposed municipal code amendments to the City
Council; and
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and
map, including specific development standards, to control development; and
WHEREAS, given changes in Federal and State law, the City Council desires to amend
Chapter 17.54, Table 17.20.020.1, Table 17.21.020.1, Table 17.24.020.1, and Table 17.28.040.1 of
the Rosemead Municipal Code to allow greater flexibility and responsiveness to federal and state laws
while still preserving the City's traditional land use authority to the maximum extent practicable; and,
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Findings. The City Council HEREBY FINDS AND DETERMINES the
above recitals are true and correct and incorporated herein by this reference, and that facts do exist to
justify approving the proposed Municipal Code Amendment 25-01 in accordance with Chapter
17.152, Section 17.152.040 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any applicable specific plan;
FINDING: The proposed Municipal Code Amendment 25-01 addresses established FCC
regulations for wireless telecommunication facilities in the City of Rosemead. The General Plan
does not include explicit policies or discussion of Wireless Telecommunication Facilities, which
are regulated by Federal and State law and the zoning code. The amendment updates to the code
sections align with Federal and State regulations which supersede existing restrictions in the
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zoning code or any specific plan. The proposed amendment maintains the current consistency
between the General Plan, Specific Plans, and Zoning Code.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: The proposed Municipal Code Amendment 25-01 will promote public health,
safety, and general welfare and serve the goals and purposes of Title 17 by clarifying and
complying with Federal and State law, which were established in the public interest. The proposed
amendment does not authorize any changes to the environment and will have no impacts to
properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable provisions of the Zoning
Code.
FINDING: The proposed Municipal Code Amendment 25-01 adopts amendments
complying with FCC regulations for wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General Plan and
Zoning Code. Adopting the proposed amendment maintains consistency with all other provisions
of the Zoning Code by updating multiple cross references and use tables to ensure there is no
conflict.
SECTION 2: Compliance with CEQA. The City Council HEREBY DETERMINES that
the proposed amendment does not authorize any changes to the environment and will have no impacts
to properties in the City or their surrounding environment. This Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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SECTION 3: Code Amendment. RMC Chapter § 17.54 is amended to read as follows:
Chapter 17.54 - WIRELESS TELECOMMUNICATION FACILITIES
Sections:
17.54.010 Purpose, intent and goals.
17.54.020 Definitions.
17.54.030 Applicability.
17.54.040 Exemptions.
17.54.050 Required approvals; – expiration and renewal.
17.54.060 Application submission requirements.
17.54.070 Approval procedures – required findings.
17.54.080 Prohibited grounds for denial.
17.54.090 Requirements for administrative Collocation.
17.54.100 Eligible Facilities RequestsApplicant’s evidentiary burden.
17.54.110 Appeal – Wireless Facility Permits.Conditional Use Permit.
17.54.120 Appeal – Administrative Collocation.
17.54.130 General development standards.
17.54.140 Design standards.
17.54.150 Noise.
17.54.160 RF and other emissions requirements.
17.54.170 Performance bond.
17.54.180 FAA Compliance.
17.54.190 Maintenance and security.
17.54.200 Maintenance responsibility.
17.54.210 Abandonment or discontinuance of use – removal of facilities.
17.54.220 Transfer of operation.
17.54.230 Revocation.
14.57.240 Over-The-Air-Reception Devices
17.54.2540 Wireless facilities in the public right-of-way.
17.54.2650 Nonconforming facilities.
17.54.2760 Fees.
17.54.280 State or federal law.
17.54.290 Violation.
17.54.010 - Purpose, intent and goals.
A. Purpose. The purpose of this Section is to provide a uniform and comprehensive set of
standards for the permitting, design, placement, affixing, attachment, mounting, construction,
erection, installation, collocation, development, use, operation, maintenance and modification
of wireless facilities, wireless transmission devices and related support structures and
accessory equipment on private property within the city of Rosemead.
B. Intent. Balanced against the goals of federal and state laws designed to promote more reliable
and cost competitive wireless service, the regulations set forth herein are intended to:
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1. Safeguard the public health, safety and community welfare;
2. Preserve the aesthetic appearance of the Rosemead Community;
3. Promote the identification, examination and implementation of aesthetically innovative
yet reasonably feasible techniques for the design and siting of wireless facilities and
wireless transmission devices;
4. Promote approaches to designing and siting of wireless facilities and wireless
transmission devices which are more compatible and harmonious with their surroundings;
and
5. Promote the goals and policies of this Section and the Rosemead General Plan.
C. Goals. The goals of this Section are to:
1. Protect the visual character of the city of Rosemead from the potential adverse effects of
wireless facilities, wireless transmission devices, support structures and accessory
equipment;
2. Prevent the emergence and proliferation of visual blight along visually significant or
visually sensitive corridors within the city of Rosemead, including significant showcase
corridors;
3. Recognize the rights of wireless facilities operators and wireless transmission devices
under Federal law and State law, and harmonize those with the City's interest;
4. Encourage usersowners and operators of wireless facilities and wireless transmission
devices to locate such equipment in areas where any adverse impacts on the community
are optimally mitigated and, where possibleappropriate , encourage users of wireless
facilities to collocate those facilities with existing wireless facilities;
5. Encourage users of wireless facilities, which include accessory equipment, to configure
such equipment in a manner that minimizes their adverse visual impact;
6. Encourage the managed and aesthetically sensitive development of wireless facilities in
the city of Rosemead;
7. Ensure that approved wireless facilities, wireless transmission devices and related
accessory equipment and support structures are constructed and operated in a safe and
legally compliant manner; and
8. Establish uniform criteria and procedures for the construction, installation and operation
of wireless facilities, wireless transmission devices and related accessory equipment and
support structures.
17.54.020 - Definitions.
For purposes of this Section, the following terms shall have the meaning set forth herein:
"Accessory Equipment" means any equipment or device necessary for the operation of a wireless
transmission device and used in conjunction with a wireless transmission device and any related
support structure. Such equipment or devices include, but are not limited to, utility or transmission
equipment, power supplies, generators (including back-up generators), batteries, cables,
equipment buildings, cabinets and storage shed shelters or other structures.
"Administrative Collocation" shall have the same meaning as the term "collocation facility" as
defined under Section 65850.6 of the California Government Code which generally refers to a type
of collocation (as defined herein). Under Section 65850.6 of the California Government Code,
administrative collocation requires a nondiscretionary approval when all of necessary
circumstances and conditions set forth under SectionSections 65850.6 and 65964.1 of the
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California Government Code are met. Further, a nondiscretionary approval shall be issued for a
collocation when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012 and any Federal Communications Commission regulations or orders
issued to implement that Act.
"Alternative Siting Structure" means a building, structure or improvement (usually preexisting)
that is structurally and legally capable of serving as a siting platform for certain wireless
transmission devices and certain accessory equipment notwithstanding the fact that the support of
such systems is secondary and subordinate to the primary purpose, design and legal use of the
building, structure or improvement. "Alternative siting structures" include, but are not necessarily
limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features
incorporated into buildings which are capable of concealing and/or camouflaging a wireless
transmission device and related accessory equipment from public view. "Alternative Siting
Structures" do not include "support structures" as defined herein.
"Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real
property parcel.
"Antenna" means and refers to a type of wireless transmission device composed of any system
of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used
to transmit and/or receive electromagnetic waves, including, but not limited to, radio frequency
signals, for the purpose of conveying telephonic communications, video transmissions or
communications, written communications, radio communications, signs, signals, pictures and the
like. "Antenna" includes devices having active elements extending in any direction, and directional
beam-type arrays having elements carried by and disposed from a generally horizontal boom that
may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and
antenna support all of which elements are deemed to be part of the "antenna" and shall include,
but not be limited to:
1. "Antenna - Directional:" (also known as "panel" antenna) which transmits and/or receives
radio frequency signals in a directional pattern of less than three hundred sixty (360)
degrees;
2. "Antenna - Facade-mounted" which is any antenna directly attached or affixed to the
elevation of a building, tank, tower or other structure;
3. "Antenna - Flush-mounted" which is mounted to a structure which does not project above
the facade to which it is mounted;
4. "Antenna - Roof-mounted" which is mounted to the roof of a building or similar structure;
5. "Antenna - Ground-mounted" which is any antenna with its base placed directly on the
ground or mounted to a pole, lattice tower or other freestanding support structure
specifically constructed for the purpose of supporting the antenna;
6. "Antenna - Omni Directional" which transmits and/or receives radio frequency signals in
a 360-degree radial pattern, including, but not limited to, any antenna designed to receive
video programming services via multipoint distribution services;
7. "Antenna - Parabolic" (also known as a "satellite dish antenna") which is any device
incorporating a reflective surface that is solid, open mesh, or a bar configuration that is
shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive
electromagnetic or radio frequency communication signs [signals] in a specific
directional pattern;
8. "Antenna - Portable" which is any device used to transmit and/or receive electromagnetic
or radio frequency communications signals in a specific directional pattern, located on a
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portable or movable base designed to be placed either for temporary or long-term use at
a given site.
"Applicant(s)" means and refers to any person(s) who, in accordance with the approval
procedures set forth under this section, applies for authorization:
1. To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain,
or modify a wireless facility, wireless transmission device, support structure and/or
accessory equipment within the city of Rosemead; or
2. Collocate an additional antenna or other additional wireless transmission device upon a
preexisting support structure or alternative siting structure already containing one or more
antenna or other wireless transmission devices.
"City Council" means the governing body of the city of Rosemead organized pursuant to Title 2,
Chapter 2.04 (City Council) of the Rosemead Municipal Code.
"Collocate", "Collocation" or "Collocating" means and refers to the act of placing, affixing,
attaching, mounting, constructing, erecting, and/or installing:
1. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon a preexisting support structure already containing one or more
antennas, wireless transmission devices and/or accessory equipment;
2. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon an alternative siting structure already containing one or more
antennas, wireless transmission devices and/or related accessory equipment; or
3. An additional wireless facility upon a single real property parcel already containing a
wireless facility or wireless transmission device, and related support structures, and/or
accessory equipment.
"Community Development Director" means the Community Development Director for the
Rosemead Planning Division or designee.
“COW” means a “cell on wheels,” which is a portable, self-contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a
location. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna
support structure.
"De Minimis Level," when used in reference to the geographic scope of an existing or remaining
gap in personal wireless service network coverage for a personal wireless service provider,
necessarily refers to a level of coverage that is less than one hundred (100) percent seamless
coverage, but generally no greater than a small number of isolated dead spots or other small holes
in coverage within a greater service area. Where coverage holes are large or frequent in number
and size, and also extend to the interior of buildings in urban areas or to a significant number of
residences in well-populated areas, such gaps in coverage shall not be considered to be of a de
minimis level.
"Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the
Code of Federal Regulations which defines "dead spots" as small areas within a service area where
service is presumed notwithstanding the fact that field strength is lower than the minimum level
for reliable service.
“Eligible Facilities Request” shall have the same meaning as that definition provided for in
Chapter 12.54 of this Code.
"Fixed Wireless Service" means any service providing radio communication to or from antenna
structures at fixed and specified locations which are not designed to be moved during operation
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and which offers the ability to access or receive communication from the public switched telephone
network.
"Federal Communications Commission" or "FCC" means that certain administrative
subdivision of the federal government of the United States of America which is generally
responsible for the regulation of telecommunications in the United States of America.
“Graffiti” shall have the same meaning as set forth at section 9.12.100 of this Code.
"Guyed Structure" means and refers to a variety of support structure consisting of a single truss
assembly composed of sections with bracing incorporated. The sections of the "guyed structure"
are attached to each other, and the assembly is attached to a foundation and sup ported by a series
of wires that are connected to anchors placed in the ground or on a building.
"Lattice Tower" means and refers to a variety of support structure consisting of vertical and
horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars.
"Monopole" means and refers to a variety of support structure generally consisting of a single
pole or shaft designed to support one or more antennas or other wireless transmission devices.
"Monopoles" are usually composed of two or more hollow sections that are in turn attached to a
foundation and such structures must be designed to support themselves without the use of guy
wires or other stabilization devices. The term "monopole" as defined herein does not include lattice
towers.
“Over-The-Air-Reception Devices” or “OTARD” antenna means antennas covered by the
"over-the-air reception devices" rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.
"Person" means a natural person or a business entity or organization, other than a public agency,
including a corporation, partnership, limited liability company, proprietorship, joint venture,
association, cooperative, estate, or trust.
"Personal Wireless Services" as used in this Section shall have the same meaning as applied to
the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section
332(c)(7)(C)(i)) which includes "commercial mobile services", "unlicensed wireless services", and
"common carrier wireless exchange access services". By way of example and not limitation,
"commercial mobile services" include federally licensed wireless telecommunications service such
as cellular services, personal communications services ("PCS"), specialized mobile radio services
("SMR"), enhanced specialized mobile radio services ("ESMR"), 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:
1. Has a diameter greater than two feet;
2. Is designed to receive satellite transmissions;
3. Is incapable of transmitting electromagnetic waves, including, but not limited to, radio
frequency signals; and
4. Is external to or attached to the exterior of any building.
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"School District" means the Rosemead School District, the El Monte Union High School District,
the Garvey School District and the Montebello Unified School District. The term "school district"
does not include any other variety of school district or like entity established or organized under
the laws of the State of California, including, but not limited to, any community college district.
"Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or
wireless transmission device which is disguised to appear as another natural or artificial object that
is prevalent in the surrounding environment or which is architecturally integrated into a building
or other concealing structure or improvement. "Stealth facilities" generally include camouflaged
structures such as monopalms, monopines or any other variety of monopole-supported wireless
facilities designed to look like a tree. or other camouflaged structures such as clock towers. "Stealth
facilities" may also include wireless facilities or wireless transmission devices, inclusive of
accessory equipment that are integrated into existing alternative siting structures such as flag poles
or light standards or which are integrated within design features of buildings such as church
steeples, parapets, faux chimneys, or other similar concealing design features.
"Support Structure" or "Support Structures" means a structure designed to support antenna(s)
or other wireless transmission devices to facilitate the transmitting and/or receiving of radio
frequency signals. Support structures include, but are not limited to, masts, monopoles, guyed
structures, lattice towers, and other like structures used to support wireless transmission devices.
The term "support structure" does not include alternative siting structures as defined herein.
"Wireless Facility" or "Wireless Facilities" means and includes:
1. All "personal wireless service facilities," all "wireless telecommunications facilities" and
all "wireless telecommunications collocation facilities" as defined herein; and
2. Any single combination of wireless transmission devices, related accessory equipment
and/or related support structures used in conjunction with one another at a specific
location within a single real property parcel for the purpose of providing wireless services
as defined herein.
"Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who
owns a wireless facility, wireless transmission device, support structure and/or accessory
equipment sited within the city of Rosemead.
"Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service,"
"wireless video service" as the same are defined herein or any other variety of wireless service
involving the conveyance of telephonic communications, video transmissions or communications,
written communications, radio communications, signs, signals, pictures and the like by means of
wireless transmission devices.
"Wireless Service Provider" means any person who provides wireless services as defined herein
or who otherwise utilizes, owns, leases, and/or operates a wireless facility or a wireless
transmission device within the city of Rosemead.
"Wireless 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 Collocation Facility" or "Wireless Telecommunications
Collocation 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,
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radio communications, signs, signals, pictures and the like. Wireless transmission devices include
antennas as defined herein.
17.54.030 - Applicability.
This Section applies to the placement, affixing, attachment, mounting, construction, erection,
installation, collocation, development, use, operation and maintenance and modification of
wireless facilities, wireless transmission devices, support structures and related accessory
equipment as the same are defined herein.
17.54.040 - Exemptions.
The following uses shall be exempt from the provisions of this Section:
A. Any satellite dish antenna as defined under Section 17.54.020 (Definitions);
B. Any satellite antenna that is one 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;
C. Any antenna structure designed to receive, but not transmit, over-the-air UHF and/or
VHF television broadcast transmission;
D. Any antenna structure that is designed to receive, but not transmit, over-the-air AM and/or
FM radio broadcast;
E. Any antenna used by authorized amateur radio stations licensed by the Federal
Communications Commission; or
FA. Over-The-Air-Reception Devices
B. Public safety communications facilities owned and operated by the city of Rosemead or
the county of Los Angeles.
(Ord. No. 931, § 5(Exh. A), 10-22-13) C. Installation of a COW or a similar structure for a
temporary period in connection with an emergency or event at the discretion of the
Community Development Director, but no longer than required for the emergency or
event. This exemption only applies if the proposed COW does not involve excavation,
movement, or removal of existing facilities.
17.54.050 - Required approvals; expiration and renewal.
A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach,
mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless
facility, wireless transmission device, support structure and/or accessory equipment within the
city of Rosemead without a conditional use permitWireless Facility Permit approved by the
Director, Planning Commission, or the City Council in the course of an appeal, following a
noticed public hearing on the matter. Notwithstanding the foregoing, administrative
collocation may be allowed as approved in subsection C. of this Section.
B. Collocation - General. No person may collocate 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 collocation is
allowed as approved in subsection C. of this Section.
C. Administrative Collocation. and Eligible Facilities Request. If, following the submission of a
completed application form and all required materials set forth under Section 17.54.060
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(Application Submission Requirements),in the application, the Community Development
Director determines that a proposed collocation qualifies as an "administrative collocation" as
defined herein, such proposal shall not require a conditional use permit but or ‘Eligible
Facilities Request” the proposed installation shall be approved by the Community
Development Director through the issuance of an administrative collocation permit.Wireless
Facility Permit. The foregoing notwithstanding, an administrative collocationWireless
Facility Permit approval shall be subordinate and subject to the conditions of approval
associated with the existing wireless telecommunications collocation facility to which it
relates and administrative collocation shall not defeat the existing concealment elements of
the facility to which it relates or otherwise violate or be inconsistent with the conditions
associated with the prior approval of the facility to which it relates (unless the inconsistency
does not exceed the “substantial change” thresholds identified in Federal Communications
Commission regulations or orders).. Also, the life of an administrative collocation wireless
facility permit approval may not exceed the life of the underlying conditional use wireless
facility permit or other underlying discretionary authorization corresponding to the wireless
telecommunicationsadministrative collocation facilityor Eligible Facilities Request upon
which the proposed wireless transmission device and corresponding accessory equipment will
be placed or installed.
D. Pre-approved 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 pre-approved in accordance with
subsection D.1. of this Section following the effective date hereof must obtain
administrative approval from the Community Development Director in accordance with
administrative collocation requirements of Section 17.54.090 of this Title, and any
additional or different requirements made applicable by this Section.
3. All leases of public property which are pre-approved in accordance with subsection D.1.
of this Section shall be nonexclusive. The operator of a facility located on such public
property shall make the supporting structure of the facility available to any other applicant
wishing to collocate to the extent technically feasible.
4. Requirement for Separate Lease Agreement. Any lease of City-owned property for the
purpose of erecting a wireless facility, wireless transmission device and any related
support structures and accessory equipment shall require a negotiated lease agreement or
other written license granted by the City. The existence of a lease agreement or license
shall not relieve applicant of any obligations to obtain appropriate permits as required by
this Code.
E. Coordinated Antenna Plans.
1. Requirements. Any wireless service provider may apply for Planning Commission
approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of
proposed and potential future locations for wireless facilities, subject to the following
requirements:
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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 Article 6 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 collocation permit in accordance with the requirements set forth in
this Section. 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 Section, and the Community Development Director
may deny an administrative collocation permit, or place conditions upon its approval,
notwithstanding prior approval of a CAP.
e. Any conditions placed on the approval of an administrative collocation permit for a
facility which complies with the CAP shall not be inconsistent with the specifications
of the CAP.
f. Notwithstanding any provision in Section 17.54.060 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 collocation permit has been granted pursuant to the CAP. The
Planning Commission may, at its discretion, after written request therefor, extend the
term of the CAP for up to six 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 section, 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 Code, subject to subsequent
approval of an administrative collocation permit.
17.44.060 - Application submission requirements.
A. Applications for a conditional use
17.54.060 - Application submission requirements.
A. Applications for a wireless facility permit under this Section, a Coordinated Antenna Plan, or
for the approval of an administrative collocation 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:
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a. Applicant Information. The name, business address, telephone number, fax number
and, if available, e-mail address of the applicant or co-applicants. The following
persons must be identified as applicants/co-applicants on any application form:
1) The property owner;
2) The wireless service provider who will use the proposed wireless facility,
wireless transmission device and any related support structures and accessory
equipment; and
3) The wireless facility owner, if different from either the property owner or the
wireless service provider.
b. Project Location. The street address and assessor's parcel number of the real property
where the wireless facility, wireless transmission device, support structures and/or
accessory equipment will be located.
c. Property Easements. The location and description of all easements, including public
utility easements, encumbering the real property parcel where the wireless facility,
wireless transmission device, support structures and/or accessory equipment will be
located.
d. Coverage and Other Service Objectives. The applicant shall include the following
information in the application form:
1) Aa 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); ).
2) 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);
3) 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, collocation opportunities or placement upon
alternative siting structures);
4) A general explanation as to why specific circumstances, conditions or other
factors render each of the alternatives identified pursuant to subsection A.1.(d)3)
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:
1) A written description of the real property parcel where the proposed wireless
facility, wireless transmission device, support structure, and/or accessory
equipment, including parcel size, width, depth, the location of mature trees,
zoning designation and current use;
2) The type of wireless facility and/or the type, number and dimensions of wireless
transmission devices, support structures, and/or accessory equipment proposed;
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3) The proposed height of any proposed support structure or the wireless facility
including total height of anythe facility which shall include camouflage or
stealth design features (i.e. faux branches above the antennas), the height of the
antennas, and the height of and any proposed or existing support structure upon
which any wireless transmission device and/or accessory equipment may be
placed;
4) The specific location within the real property parcel of any proposed wireless
facility and any proposed wireless transmission devices, support structures or
accessory equipment;
5) The proposed location of all above-ground and below-ground wiring and
connection cables;
6) A detailed description of the design, shape, color(s), and material composition
of any support structures, accessory equipment and antennas or other wireless
transmission devices included as part of the proposal;
7) The design and screening treatment selected for the proposal;
8) Whether any proposed support structures or any existing support structure is
structurally suitable and capable of accommodating (i.e., collocating) additional
antennas or other wireless transmission devices as well as accessory equipment;
9) Whether the proposed wireless facility qualifies as an administrative collocation
as defined herein.
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 or any landscaping that may be required
to camouflage the wireless facility.
g. Noise and Acoustical Information. An inventory and description of any proposed
noise-generating wireless transmission devices and accessory equipment, including,
but not limited, to air conditioning units and back-up generators. The description
shall set forth noise and acoustical information including anticipated decibel levels
of noise which would be produced.
h. Disclosure of Removal Costs. For the purpose of establishing the appropriate amount
of any performance bond or other security required under this chapter for the removal
of any approved wireless facility, wireless transmission device and related support
structures and/or accessory equipment, the applicant shall state the reasonable
estimated cost of removing any approved wireless facility, wireless transmission
device and related support structures and/or accessory equipment. The applicant shall
supplement the application with substantial evidence that corroborates its removal
cost estimate.
i. Administrative Collocation: If the applicant contends a proposed collocation
qualifies as an administrative collocation as defined herein, the applicant shall also
include a detailed explanation supported by substantial evidence which demonstrates
compliance with all requirements set forth under Section 65850.6 of the California
Government Code, the existence of all necessary circumstances and conditions set
forth under the same, and substantial evidence showing that the proposed facility will
not “substantially change the physical dimensions” of the existing facility as that
term has been defined and explained by Federal Communications Commission
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regulations and orders. To qualify as an administrative collocation, this additional
information must be included at the time an application is submitted and approved.
2. Site Plan. Along with a completed application, eachEach 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, including, for proposed administrative
collocations, a depiction of the existing wireless facility for which collocation is
proposed in both “before” and “after” conditions based upon all proposed collocation
equipment; and; 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, eacEach
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. Landscaping Plan. Along with a completed application form, eachLandscape Plan. If
applicable or required by the city, the applicant shall submit a landscape, screening and
landscape irrigation plan. Such plan shall identify and describe existing surrounding
landscaping and landscape vegetation (i.e., trees, shrubs and plants); identify and describe
vegetation to be removed; and depict and describe in terms of type, size and location
proposed plantings of new landscape vegetation. Such plan shall demonstrate how the
landscaping and landscape vegetation shall be designed and configured to screen wireless
facilities, wireless transmission devices, support structures, and accessory equipment
from public view or better camouflage stealth-designed facilities, devices and equipment.
Such plan shall set forth and describe an irrigation plan for any existing and proposed
landscaping surrounding the proposed facilities, devices and equipment and shall
demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of
vegetation. Such plan shall also set forth a plan for the preservation of existing, un -
removed vegetation during construction and installation phases. The landscape plan shall
also demonstrate the availability of any required irrigation facilities on-site. The
requirement for a landscape, screening and landscape irrigation plan shall not be required
for roof-mounted wireless transmission devices and accessory equipment, except that the
applicant shall still be required to submit a plan demonstrating and depicting any
screening of such equipment pursuant to this chapter.
5. Visual Analysis. Along with a completed application form, eachEach 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;
15
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.
6. Justification Report. Along with a completed application form, the applicant shall also
submit a justification report which:
a. Describes and explains in detail those specific service objectives which the applicant
seeks to attain or address through its proposal, (e.g., whether it is to add additional
network capacity; increase existing signal strength; or provide new radio frequency
coverage);
b. Describes and depicts the nature, location and geographic boundaries of any
purported gap in network coverage and the applicant's corresponding search ring;
c. Describes and depicts the scope of any purported gap in network coverage at various
locations within its identified geographic boundaries (e.g., whether and where the
gap extends to in-building coverage, in-vehicle coverage and/or outdoor coverage);
d
a. Includes justification maps which identify the applicant's search ring, the location of
alternative sites considered, the location of the proposed site, all existing and
approved wireless facilities and/or wireless transmission devices within a one-mile
radius of the proposed site and collocation opportunities or alternative site structure
opportunities within the search ring;
eb. Demonstrates, describes and explains in detail the applicant's good faith efforts to
identify, study, evaluate and consider other less intrusive alternatives, including the
use of less intrusive technologies and equipment; alternative system designs;
alternative siting structure types; alternative siting structure designs, including stealth
designs; alternative scale or size; and alternative siting options (e.g., alternative
locations within the search ring, collocation opportunities or placement upon
alternative siting structures);
fc. 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
levelare not viable alternatives;
gd. 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.
7. Propagation and Coverage Reports. TheIf applicable, 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
16
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).. This report may be required in the event
the applicant is seeking to install a wireless facility that is higher than the maximum
height allowed in the zoning district. Signal level 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.proposed installation. The propagation and coverage report and corresponding
maps shall be prepared by a qualified and duly licensed radio frequency engineer.
8. Narrative Description and Map of Other Facilities. Along with a completed application
form, eachEach applicant shall submit a narrative description and map disclosing and
depicting the exact location and type of all existing wireless facilities and wireless
transmission devices, including support structures, and accessory equipment owned
and/or used by the applicant to provide coverage within any portion of the city of
Rosemead whether or not such facilities, devices, structures or equipment are located
within the city of Rosemead or outside of the city of Rosemead.
9. FCC and CPUC Approvals. Along with a completed application form, eachEach
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 approval s
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.
10. Radio Frequency Emissions and Signal Interference Analysis. Along with a completed
application form, eachEach applicant shall submit a written analysis prepared by a
qualified and duly licensed radio frequency engineer which:
a. Determines and states the power rating for all wireless transmission devices and
accessory equipment included in the applicant's proposal;
b. Provides a description of the specific services that the applicant proposes to offer or
provide in conjunction with the proposed wireless facility or wireless transmission
device;
c. Verifies that the proposal, including all wireless transmission devices and accessory
equipment conform to the non-ionizing electromagnetic radiation ("NIER")
standards adopted by the FCC;
d. Confirms that the use and operation of all proposed wireless transmission devices
and accessory equipment will not exceed adopted FCC standards, including, but not
limited to, FCC requirements that power densities in inhabited areas not exceed the
FCC's Maximum Permissible Exposure ("MPE") limits for electric and magnetic
field strength and power density for transmitters. Such analysis shall address both
the individual impact of any proposed wireless transmission device and accessory
equipment, as well as their cumulative impact, if collocated upon a single support
17
structure or alternative siting structure; or if placed upon a real property parcel
already containing a wireless facility, wireless transmission devices, and/or
accessory equipment; or if placed upon a real property parcel immediately adjacent
to another real property parcel containing a wireless facility, wireless transmission
device, and/or accessory equipment;
e. Describes all appropriate operating parameters and maintenance requirements
necessary to comply with all applicable FCC standards, including radio frequency
emissions standards and standards relating to signal interference with consumer
electronic products and/or public safety communications;
f. Confirms that all proposed wireless transmission devices and accessory equipment
shall be operated in a manner that complies with FCC regulations regarding radio
frequency emissions and standards relating to signal interference with consumer
electronic products and/or public safety communications;
g. In addition its technical narrative and discussion of the issues to be addressed, the
analysis shall also include a nontechnical executive summary presented in a concise
and easy-to-read format that clearly explains in a nontechnical manner the current
site conditions, conditions with the proposed wireless facility, wireless transmission
devices and/or accessory equipment included and FCC thresholds as they relate to
all applicable emissions standards.
11. Collocation Agreement. Each application proposing the construction of a new monopole,
lattice tower, or guyed structure shall include a signed statement whereby the applicant
agrees, as a condition to any approval, to permit the collocation upon the support structure
to accommodate additional wireless transmission devices and accessory equipment. The
application shall also include a signed statement whereby the applicant agrees, as a
condition of any approval, to refrain from entering into any exclusive agreement(s) or
arrangement(s) that would prevent the type of collocation contemplated under this
subsection.
17.54.070 - Approval procedures – —Required findings.
A. Investigation. Following the submission of a completed application form, as well as the
submission of all documents and materials required under Section 17.54.060, the Community
Development Director shall undertake a review and evaluation of the applicant's proposal for
the purpose of preparing a written report to the Planning Commission which evaluates the
proposal's compliance with the procedural requirements and standard conditions of this
chapter, as well as its consistency with the goals, standards, and objectives of this chapter and
the Rosemead General Plan. The report will evaluate the applicant's efforts to identify, study,
and consider alternatives and may recommend modifications and/or the addition of conditions
to be attached to the applicant's proposal as a condition of approval. The report shall also
contain a recommendation as to the disposition of the proposal for which conditional
usewireless facility permit approval is sought. If the applicant proposes and the Community
Development Director determines that an administrative collocation under this Chapter is
proper for the proposal, the application shall be considered under Section 17.54.090 and not
this Section.
B. Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute
the procedure for conducting public hearings on a conditional usewireless facility permit for
18
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 usewireless facility permit shall be approved
unless Director, the Planning Commission, or the City Council in the course of an appeal,
makes all of the following findings supported by substantial evidence: presented by the
applicant:
1. The applicant has submitted all applicable information, documentation and materials
required under Section 17.54.060 or any other information necessary to support the
applicant’s proposal;
2. The Wireless Facilitywireless facility, wireless transmission devices, and any accessory
equipment to be approved satisfies all applicable Federal and State requirements and
standards as to the placement, construction, and design, as well as all Federal and State
limits and standards concerning radio frequency emissions, signal interference with
consumer electronic products and/or public safety communications, and other applicable
operating and design standards;
3. The proposal to be approved complies with all mandatory requirements and restrictions
of this chapter; all applicable building and construction requirements of Title 15
(Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety
and fire prevention requirements set forth under the Rosemead Municipal Code, County
of Los Angeles Fire Code, and all applicable state fire safety and prevention laws;
4. The applicant has made a good faith effort to identify, study and evaluate less intrusive
alternatives, including the use of less intrusive technologies and equipment; alternative
system designs; alternative siting structure types; alternative siting structure design,
including stealth designs; alternative scale or size of proposal; and alternative siting
options (e.g., alternative locations within the search ring, collocation opportunities or
placement upon alternative siting structures);
5. In comparison to other identified, studied, and evaluated alternatives that are equally if
not more capable of addressing the applicant's service objectives, the proposal to be
approved is the most consistent with the standards, goals, and objectives of this chapter
and the Rosemead General Plan;
With respect to proposals for personal wireless facilities as defined herein which are intended
to address gaps in network coverage, an identified alternative shall be considered equally
capable of addressing the applicant's service objectives in comparison to the applicant's
requested proposal, if such an alternative is capable of reducing the purported gap in network
coverage to a de minimis level.
D. Findings Necessary for Denial of Personal Wireless Service Facilities. Notwithstanding any
other findings made in support of the denial of a conditional usewireless facility permit under
this chapter, neither the Director, Planning Commission nor the City Council in the course of
an appeal, may deny a conditional usewireless facility permit unless one or more of the
following additional findings is made in writing:
1. The applicant has failed to present all of the information, documentation or material
required under Section 17.54.060, above; or
2. Substantial evidence presented 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
19
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 usethe proposed
installation wireless facility permit is sought is the least intrusive uponmeans to provide
service and is consistent with the goals and standards of this chapter and the Rosemead
General Plan; or
43. 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
54. Substantial evidence presented as part of the record fails to establish that any proposed
wireless facility, wireless transmission device, support structure or accessory equipment
is capable of satisfying applicable building, construction, fire safety or fire prevention
standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal
Code, the county of Los Angeles or the state of California even with modifications and/or
added conditions acceptable to the applicant.
5. Substantial evidence demonstrates that the proposed installation is not compatible or
consistent with surrounding infrastructure or vegetation or is otherwise detrimental to the
community or aesthetic quality of the city.
17.54.080 - Prohibited grounds for denial.
Notwithstanding any other provisions of this Section, the denial of a conditional usewireless
facility 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, or other
effects arising in whole or in part from those environmental effects.
17.54.090 - Requirements for administrative collocation.
Consistent with subsection (a) of Section 65850.6 of the California Government Code, the
Community Development Director, or the City Manager in the course of an appeal, shall
administratively approve as a permitted use any proposed collocation which qualifies as an
administrative collocation in the reasonable judgment of the Community Development Director
based on the information submitted pursuant to Section 17.54.060 of this chapter. Included as part
of the necessary requirements for an administrative collocation, is the requirement that the
proposed collocation satisfies all modifications or conditions required for collocation with the
corresponding wireless telecommunications collocation facility as defined herein. Further included
in the necessary requirements is the requirement that the proposed collocation not exceed the
Federal Communication Commission’s “substantial change” thresholds, including but not limited
to the defeating of existing concealment elements of the proposed collocation site. If the
Community Development Director cannot conclude that the “substantial change” thresholds are
met, the application shall be processed as a Conditional Use Permit and referred to the Planning
Commission for findings consistent with Section 17.54.070.administrative collocation as defined
herein.
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17.54.100 - Applicant's evidentiary burden. – Eligible Facilities Requests
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 collocation
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:
A. Identifies and establishes the location and geographic boundaries of any purported gap in
network coverage;
B. 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);
C. 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.);
D. 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, collocation opportunities
or location upon alternative siting structures);
E. 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;
F. 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
G. Demonstrates that any proposed wireless facility, wireless transmission device, support
structure or accessory equipment satisfies or, with the addition of modifications or
conditions to the proposal, can be made to comply with applicable building,
constructions, fire safety or fire prevention standards set forth under Title 15 (Building
and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the
state of California even with modifications and/or added conditions acceptable to the
applicant.
For installations on private property that relate to collocations, removal or replacement of
transition equipment or hardening through structural enhancements that do not result in a
substantial change and that qualify as an eligible facilities requests, shall be governed by
definitions and provisions of Chapter 12.54 “Wireless Telecommunications Facilities in the Public
Right-of-Way” and shall be subject to an Administrative WTFP and related review and approval
process.
17.54.110 - Appeal—Conditional Use PermitsWireless Facility Permits.
IfUnless otherwise stated this chapter, if an applicant, or any interested party, is dissatisfied with
any denial, approval or conditioned approval of a conditional usewireless facility permit under this
chapter, the applicant or interested party may appeal the matter to the Planning Commission (in
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the event of an approval by the Director of Community Development) or the City Council (in the
event the approval by the Planning Commission) by filing an appeal in accordance with the
procedures established in Section 17.160.050 of this title. In reviewing the matter on appeal, the
City Council shall be required to make the same findings for any denial or approval as would
otherwise be required of the Planning Commission.
17.54.120 - Appeal—Administrative Collocation.
If an applicant contends that a request for an administrative collocation was denied or referred to
the Planning Commission by the Community Development Director 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 collocation fails to qualify as an administrative collocation 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.
17.54.130 - General development standards.
A. Location. The placement or siting of wireless facilities, wireless transmission devices, support
structures and accessory equipment shall be subject to the following approval requirements,
parameters and preferences:
1. In order to minimize the unnecessary proliferation of wireless facilities, wireless
transmission devices, and related support structures and accessory equipment and in order
to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight,
each applicant in identifying, studying and evaluating alternative placement and siting
options and the Planning Commission or City Councilapproving body in evaluating an
applicant's proposal against other identified alternatives capable of addressing applicant's
service objectives shall undertake such evaluations subject to the following order of
preference starting with the most preferred:
a. Proposals in which a wireless transmission device and related accessory equipment
arefacility is collocated upon an already existing monopole-supported wireless
facility which qualifies as a stealth facility as defined herein and which is capable of
accommodating added devices and equipment.
b. Proposals in which a wireless facility or wireless transmission device and related
accessory equipment and support structures are integrated, camouflaged and
concealed within the decorative design features of a building such as the steeple of a
church building, parapets, faux chimneys or other similar design feature.
c. Proposals in which a wireless facility or wireless transmission device and related
accessory equipment and support structures are mounted and screened upon the roof
of a multi-story industrial or commercial building capable of safely accommodating
such facilities, devices, equipment and structures.
d. Proposals in which an individual wireless transmission device and related accessory
equipmentfacility 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.
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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
arefacility is mounted on the facade of a building, water tower, or other like structure
in a manner that does not camouflage, integrate and conceal such devices and
equipment within the decorative design features of the building or structure.
2. Wireless facilities, wireless transmission devices, support structures and accessory
equipment are permitted in the following locations:
a. Real property exclusively owned by the city of Rosemead, a School District as
defined herein in fee simple, or by a public utility; or
b. Property in the M-1 and O-S zones.
c. Notwithstanding the foregoing or Section 17.54.250260, any wireless facilities,
wireless transmission devices, support structures or accessory equipment existing as
of the effective date of this Code [Ord. No. 892], as may be amended from time to
time, shall not be deemed to be nonconforming for purposes of collocation.
3. Except as otherwise authorized under Section 17.54.130A.2.a., any proposal for the
construction of a new wireless facility which includes the construction of a support
structure shall provide that the new wireless facility be spaced a minimum of one
thousand (1,000) feet from any existing wireless facility support structure. Not
withstanding the foregoing, a wireless facility shall be permitted if required by state or
federal law.
4. The location of wireless facilities, wireless transmission devices, support structures
and/or accessory equipment shall be restricted to developed real property parcels or
proposed as part of a larger development project.
5. The 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
findingfindings 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 usewireless
facility permit approval.
6. As between possible or competing location proposals, the Community Development
Director and the Planning Commission shall encourage proposals that contemplate
collocation subject to requirements of this chapter.
B. Height. The height of any freestanding wireless facility shall not exceed the height limits of
the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum
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functional height technologically required to address the wireless service providers' service
objectives. All wireless facilities, wireless transmission devices, support structures and
accessory equipment shall also be subject to the following restrictions as applicable:
1. Ground-Mounted Facilities. Notwithstanding any other provision of this subsection B. to
the contrary, the maximum height of monopoles may not exceed the lesser of the
following: sixty (60) feet or the height limit of the applicable underlying or overlay zone;
2. Roof-Mounted Facilities. Roof-mounted wireless facilities or wireless transmission
devices, including support structures and accessory equipment shall not project out more
than ten (10) feet above the roofline and shall be set back from the roof edge by a ratio of
one foot for each foot of projection above the roofline. A facility shall be exempt from
the foregoing requirement if it is mounted within an existing enclosed roof structure or
an architectural feature, such as a parapet wall or similarly designed features so as to
integrate and camouflage the wireless facility, wireless transmission device and related
support structures and accessory equipment within the structure or building.
3. Accessory and Support Structures. All wireless facilities, wireless transmission devices,
support structures, and accessory equipment shall comply with accessory height
requirements for the particular zoning district in which they are located.
C. Ground-Mounted Facilities - Setback Requirements and Guidelines. Ground-mounted
wireless facilities or wireless transmission devices shall comply with the following
requirements and guidelines:
1. Front: Such facilities shall not be permitted in a required front yard setback of any
property located in any type of zone within the city of Rosemead, unless otherwise
authorized under the terms of a conditional usewireless facility permit;
2. Side: Such facilities shall not be permitted within a required side yard setback;
3. Rear: Such facilities may be located in the rear yard setback of a property at a location
that is out of view from the public right-of-way;
4. Accessory/Support Structures: All such facilities and related support structures shall
comply with required setback requirements applicable to the zoning district in which they
are located, including variable height requirements in Section 17.08.050 where
applicable;
5. No wireless facility, wireless transmission device or related support structures, and
accessory equipment shall extend beyond the property lines. or be within the required
setback area.
D. Screening. The following screening requirements shall apply to all wireless facilities, wireless
transmission devices and related support structures, and accessory equipment:
1. The proposed wireless facility, wireless transmission device, and related support
structures, and accessory equipment shall be screened or camouflaged by existing or
proposed new topography, vegetation, buildings, or other structures; provided that any
such screening or camouflaging measures shall be aesthetically appropriate for and
compatible with the existing site and the surrounding area. Wireless facilities, wireless
transmission devices, and related support structures, and accessory equipment that are not
screened or architecturally integrated on an existing building or structure shall be
prohibited.
2. All screening used in connection with wireless facilities, wireless transmission devices
and related support structures, and accessory equipment which are building-mounted
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shall be aesthetically compatible with the architecture, architectural theme, color, texture,
and materials of the building or other structure to which it is mounted.
3. All fencing shall be designed to resist graffiti or other vandalism and to facilitate the fast
and effective removal of graffiti or repair of any vandalism.
4. The use or incorporation of chain-link fencing, razor-wire, or sharp points in the screening
design of a wireless facility or related support structures is prohibited.
5. The approving body (i.e. Planning Commission, or Director), or the City Council in the
course of an appeal, may waive screening requirements where it determines that such
measures are not necessary or aesthetically appropriate given the nature of the proposal.
E. Accessory Equipment:
1. Any and all accessory equipment shall be located within a building, an enclosure, or
underground vault in a manner that complies with the development standards of the
zoning district in which the equipment is located.
2. If located above ground, accessory equipment shall be screened, camouflaged and/or
concealed in a manner that is aesthetically and visually compatible with the architecture
and design of surrounding buildings, structures and landscaping and in a manner that
hides such equipment from public view or otherwise camouflages and conceals its
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 (FAA), or other government agencies with
superseding jurisdiction over lighting issues. If lighting is required, the facilitieslighting shall
be designed to minimize glare and light overflow onto neighboring properties.
17.54.140 - Design standards.
The design of wireless facilities, wireless transmission devices and related support structures and
accessory equipment shall be subject to the following design standards:
A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest
extent feasible considering technological requirements, placement, screening,
camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth
design. If no stealth technology or stealth design is proposed, the applicant shall provide
a detailed written analysis identifying those factors and conditions which make the use of
stealth technologies and/or stealth designs infeasible, and explaining why such
technologies or designs are infeasible. In addition, camouflage techniques including the
use of landscaping or other elements to obscure, conceal or minimize the appearance of
the wireless facility shall be utilized as appropriate.
B. All proposals shall use the shortest, smallest, least visible wireless transmission devices,
support structures, and accessory equipment necessary to accomplish the applicant's
service objectives.
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C. All exterior finishes shall be comprised of non-reflective, glare-reducing materials, and
shall be painted, screened, or camouflaged to blend aesthetically with the materials and
colors of surrounding buildings or structures. Colors chosen shall minimize visibility and
match or blend with the primary background.
D. All proposed monopoles shall be a round shape, slim or tapered in design andwireless
facilities shall be of a kind that will permit collocation by other wireless service providers.
E. Proposals shall minimize and be resistant to opportunities for unauthorized access,
climbing, vandalism, graffiti, and other activities, which would result in hazardous
conditions, visual blight, or an attractive nuisance.
F. Wireless transmission devices and related accessory equipment mounted on structures
shall be designed as an integral part of the structure and located to minimize visual impact
on surrounding properties and rights-of-way.
17.54.150 - Noise.
All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed
and operated in such a manner as to minimize the amount of noise impacts to residents of nearby
residential properties, the users of recreational areas such as public parks and public open spaces,
or the occupants of hospitals and schools. 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
fifty (50) dBA measured at the property line. In addition, all wireless facilities shall comply with
the noise regulations at Chapter 8.36 of this Code. . Back-up generators shall only be operated
during power outages and for testing and maintenance purposes. Testing of such equipment shall
not be conducted on weekends or holidays, or between the hours of ten p.m. and seven a.m.
17.54.160 - RF and other emissions requirements.
A. No individual wireless facility, wireless transmission device, or accessory equipment shall
generate at any time electromagnetic frequency radiation or radio frequency radiation in
excess of the FCC adopted standards for human exposure, including, but not limited to, the
FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength
and power density for transmitters. The foregoing shall also apply to any combination of
wireless facilities located on the same real property parcel or any combination of wireless
transmission devices and accessory equipment that are collocated or otherwise located upon
the same real property parcel.
B. All wireless facilities, wireless transmission devices, and accessory equipment shall comply
with all rules, regulations and standards, including compliance with non-ionizing
electromagnetic radiation (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 usewireless facility permit
or administrative collocation approval issued pursuant to this chapter shall be jointly
responsible for bringing such facilities, devices and equipment into compliance with such
revised rules, standards and/or regulations within six months of the effective date of such rule,
standard and/or regulation, unless a more stringent compliance schedule is mandated by the
controlling agency.
C. If any wireless facility, wireless transmission device or accessory equipment is found to be
operating in such a manner as to be hazardous to the health and safety of persons working or
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residing near such facilities, devices or equipment, the owner(s) and operator(s) of the
hazardous facility, device or equipment jointly with the owner of the real property parcel
where it is located shall be responsible for correcting the hazardous condition. In no case shall
a wireless facility, wireless transmission device, or accessory equipment remain in operation
if it is found to create an imminent risk of danger to human life or property. The foregoing
notwithstanding, no wireless facility, wireless transmission device, or accessory equipment
that is found to be in compliance with all current EMF or RF emissions standards established
by the FCC or any other federal agency with jurisdiction over the matter shall be deemed
hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation.
D. For the protection of emergency response personnel, all wireless facilities, wireless
transmission devices, and accessory equipment shall have a main breaker switch or other
similar means of disconnecting electrical power at the site. For collocation sites, a single main
switch shall be installed to disconnect electrical power for all carriers at the site in the event
of an emergency.
E. Wireless facilities, wireless transmission devices, and accessory equipment shall not be
operated in any manner that would cause interference with public safety communication
systems or consumer electronics products.
F. To ensure all new or modified wireless facilities, wireless transmission devices, and related
accessory equipment comply with FCC radio frequency radiation exposure standards before
regular operations commence, the applicant shall conduct a post-construction or post-
modification NIER/radio frequency radiation exposure test. Compliance with FCC standards
shall be demonstrated by a written certification signed under penalty of perjury by a qualified
and duly licensed radio frequency engineer. A final building permit clearance will not be
issued until the wireless facility, wireless transmission device, and accessory equipment are
certified to be in compliance with FCC operating and emissions standards. The
recipient(s)/holder(s) of any approval given under this chapter shall have sixty (60) calendar
days to bring the non-compliant wireless facility, wireless transmission device, and accessory
equipment into compliance. If such facilities, devices or equipment cannot be brought into
compliance within sixty (60) calendar days from the completion of construction or completion
of modification, such failure shall constitute grounds for the revocation of a conditional
usewireless facility permit or administrative collocation approval.
G. To verify ongoing compliance with FCC operating and emissions standards, the
recipient(s)/holders(s) of a conditional usewireless facility permit or administrative
collocation 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 usewireless
facility permit or administrative collocation authorization may be revoked. If at any time the
facility proves to be in noncompliance with FCC operating and emissions standards, the
noncompliant wireless facility, wireless transmission device or accessory equipment shall
cease all operating. The recipient(s)/holder(s) of the conditional usewireless facility permit or
administrative collocation approval shall have sixty (60) calendar days from the date of such
disclosure to the City to bring the noncompliant facility, device or equipment into compliance.
If the facility, device or equipment remains noncompliant on the sixty-first day the City may
27
revoke the conditional usewireless facility permit or administrative collocation approval for
the noncompliant facility, device or equipment.
H. Any violation of this sectionChapter is hereby deemed a public nuisance and shall constitute
grounds for revocation of any permits and/or approvals granted under this chapter. Such
violations shall also constitute grounds for abatement and removal of noncompliant facilities,
devices and/or equipment by the City at the property owner's expense.
17.54.170 -– Performance and Removal bond.
As a condition of approval for any conditional usewireless facility permit or any administrative
collocation 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 usewireless facility permit or administrative collocation authorization.
17.54.180 - FAA Compliance.
All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in
compliance with all such restrictions as a condition of approval. All permittees shall provide the
Community Development Director with proof of such compliance upon request.
17.54.190 - Maintenance and security.
A. Trash and Debris. All wireless facilities, wireless transmission devices, support structures,
alternative siting structures, and accessory equipment within the city of Rosemead shall be
maintained in good repair and kept free from trash, litter, refuse and debris.
B. Graffiti, Vandalism and Damage. All wireless facilities, wireless transmission devices,
support structures, 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 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 usewireless facility permit approval or administrative
collocation approval which incorporates or otherwise includes the planting, installation, and
maintenance of new landscape improvements and/or the preservation and maintenance of
existing landscape improvements, whether or not used as screening, shall be maintained in
good condition at all times. Damaged, dead, diseased, or decayed trees, shrubs, and other
vegetation as well as damaged or inoperable irrigation equipment shall be replaced promptly,
but in no event later than thirty (30) calendar days from the date such deficiencies are detected
or the date City issues notice of such deficiencies, whichever occurs first. If a landscape plan
was required and approved, the site shall be maintained in accordance with the approved
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landscape plan at all times. Amendments or modifications to such plan shall be submitted for
approval to the Community Development Director.
D. Maintenance of Certain Stealth Facilities. Stealth facilities designed to appear as flagpoles
must have a flag flown upon the structure and such flag must be properly maintained at all
times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a
new flag. Light fixtures included as part of stealth facilities designed to appear as light
standard or other lighting structures shall be operable at all times. Damaged, defective or
burned-out light fixtures shall be replaced promptly.
E. Contact Information. A permanent, weather-proof identification sign must be placed on the
gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and
conspicuous location approved by the 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.
17.54.200 - Maintenance responsibility.
The compliance with the maintenance obligations set forth under this Section shall be a joint and
severable obligation of the following parties:
A. The owner of a wireless facility, wireless transmission device, support structure, alternative
siting structure, and accessory equipment and the user(s)/operator(s) of the same if different
from the owner; and
B. The owner of the real property parcel where a wireless facility, wireless transmission device,
support structure, alternative siting structure, and accessory equipment are located.
17.54.210 - Abandonment or discontinuance of use; removal of facilities.
A. Notice to City. A wireless service provider shall provide written notice by certified U.S. mail
to the Community Development Director and the Chief Building Official in the event the
wireless service provider intends to terminate or otherwise abandon its use of a wireless
facility or individual wireless transmission device, or the wireless service provider is required
to discontinue its use of a wireless facility or individual wireless transmission device. Such
notice shall be mailed not less than thirty (30) calendar days prior to the contemplated or
anticipated cessation of use; shall state the contemplated or anticipated date upon which the
use will end; and shall state the date upon which the wireless facility or individual wireless
transmission device shall be completely dismantled and physically removed from the real
property parcel where it is sited or located.
B. Dismantling and Removal of Equipment. With respect to the contemplated abandonment,
termination or discontinuance of use of an entire wireless facility, the dismantling and physical
removal shall include the dismantling and physical removal of all wireless transmission
devices, all support structures and all accessory equipment from the real property parcel where
29
such items were sited. With respect to the contemplated abandonment, termination, or
discontinuance of use of an individual wireless transmission device, the dismantling and
physical removal shall include the dismantling and physical removal of the wireless
transmission device and all corresponding support structures and/or accessory equipment that
do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire
wireless facility also entails and includes the restoration of the site to its original condition
prior to the installation of the wireless facility, excluding any landscape improvements.
C. Failure to Timely Dismantle or Remove. If the dismantling and physical removal of a wireless
facility or wireless transmission device in the manner contemplated under subsection B. of
this Section, above, is not completed by the date indicated in the notice referenced under
subsection A. of this Section, above, the Chief Building Official shall issue notice to the
wireless service provider and the owner of the real property parcel that the wireless facility or
wireless transmission device must be completely dismantled and removed within sixty (60)
calendar days from the dismantling and removal date originally noticed by the wireless service
provider pursuant to subsection A. of this Section.
D. Constructive Abandonment of Facilities. A wireless facility or individual wireless
transmission device that remains inoperative or unused for a period in excess of one hundred
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 17.54.220, below. After one hundred eighty (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 sixty (60) calendar
days.
E. Responsibility for Dismantling and Removal. The dismantling and physical removal of
wireless facilities, wireless transmission devices, support structures, and/or accessory
equipment shall be the joint and several responsibility of the wireless service provider and the
owner of the real property parcel upon which the wireless facility or wireless transmission
device is sited.
F. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission
device is not dismantled and physically removed within any time period required under this
Section, the same shall be deemed a public nuisance and any unexpired permit or authorization
to use, operate and/or maintain the wireless facility or the wireless transmission device may
be revoked in accordance with Section 17.54.230 of this chapter.
G. Performance and Removal Bond – If the abandoned, inoperative or unused wireless facility is
not removed in the time periods provided for in this section, the city of Rosemead may act on
the bond submitted to cover all costs incurred for the removal of the wireless facility.
17.54.220 - Transfer of operation.
Any wireless service provider who owns or leases a wireless facility or who leases space for the
placement of an individual wireless transmission device upon a support structure or alternative
siting structure may assign its ownership or lease rights to another wireless service provider
licensed by the FCC provided that any such assignment be conditioned upon the following:
A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the
Community Development Director and the Chief Building Official;
B. The forwarding of the official name and contact information of the prospective assignee; and
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C. The assignee's written acknowledgement and assumption of all duties, requirements,
restrictions and responsibilities applicable to the use, operation and maintenance of the subject
wireless facility or subject wireless transmission device as provided under this chapter or any
conditional usewireless facility permit or otherany approval issued under this chapter.
17.54.230 - Revocation.
A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a
conditional useany wireless facility 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 thatfollowing findings:
1. The wireless service provider or property owner has abandoned or otherwise ceased its
use of the wireless facility or an individual wireless transmission device; or
2. The wireless service provider or property owner has failed to bring the wireless facility,
an individual wireless transmission device, support structure or accessory equipment into
compliance with the conditions of approval, or the requirements of this ch apter, 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 usecity
wireless facility permit or administrative collocation approval have failed to timely bring
such facilities, devices and equipment into compliance.
17.54.240 Over-The-Air-Reception Devices.
A. Intent of Regulations. In conformance with FCC regulations an OTARD may be erected at
heights and dimensions sufficient to accommodate service. The provisions of this section are
designed to allow such accommodation.
B. Antennas Permitted without a Discretionary Permit. The following OTARDs are permitted as
accessory uses in all districts without approval of a discretionary permit:
1. Enclosed Antennas. Antennas completely enclosed within a building.
2. Single-Wire Antennas. An antenna consisting of a single wire not exceeding one-fourth
inch in diameter. Such wire antennas may be located in setback areas provided the
antenna does not extend above the maximum building height in the district.
3. Vertical Antennas. A single ground-mounted vertical pole or whip antenna not exceeding
42 feet in height, measured from finish grade at the base of the antenna, and not located
in any required setback area. Support structures or masts for pole or whip antennas shall
conform to standards set out in the California Building Standards Code. A building permit
may be required for the support structure or mast.
C. Antennas Requiring an OTARD Permit. Antennas which do not meet the criteria listed in
subsection (B) of this section may be permitted as accessory uses in all districts if an OTARD
permit is approved. The following factors and findings shall be considered in the review of
such use permits:
1. Factors to Be Considered. The decision-making authority shall consider the following
factors in reviewing wireless facility permit applications:
31
a. The Federal Communications Commission (FCC) rules that prohibit restrictions that
impair the installation, maintenance or use of an OTARD which unreasonably delays
or prevents installation, maintenance, or use, unreasonably increases the cost of
installation, maintenance, or use; or precludes reception or transmission of an
acceptable quality signal.
b. The proposed height and design of the OTARD, and the technological necessity of that
height and design of the antenna.
c. The proximity of the proposed OTARD to inhabited buildings and the nature of
existing uses on nearby properties.
d. The design of the proposed antenna, with particular reference to design features that
may reduce visual impacts, particularly in residential zones.
2. Required Findings. Applications for OTARDS shall be reviewed in accordance with
section 15.74.040. The following findings shall be made by the decision-making authority
in conjunction with approval of a use permit for the antenna:
a. Consistency with General Plan. The antenna is consistent with the general plan and
any applicable specific plan.
b. Consistency with Zoning Code. The antenna conforms to the permitted use provisions
and development standards of this zoning code and is consistent with this code and
any applicable specific plan.
c. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
d. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
e. Technological Necessity. The height, design, and configuration of the proposed
antenna is technologically necessary to engage in amateur radio communications of
the nature contemplated.
f. Constraints of the Site. Topographic or other constraints limit the feasibility of
engaging in amateur radio communications with antennas permitted under subsection
(B) of this section.
g. Reasonable Accommodation. The installation of the antenna is necessary to
reasonably accommodate amateur radio communications.
h. Mitigation of Impacts. The placement and design of the antenna minimizes potential
visual impacts on surrounding property owners to the extent feasible while reasonably
accommodating amateur radio communications.
17.54.250 - Wireless facilities in the public right-of-way.
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
32
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 7901.1.
B. A. 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. as regulated at Title 12, Chapter 12.54.
17.54.250260 - Nonconforming facilities.
A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support
structure, alternative siting structure and accessory equipment placed, affixed, mounted,
constructed, developed, erected or installed prior to the effective date of the ordinance codified
in this chapter, as may be amended from time to time, or for which an application for a use
permit is deemed complete prior to the effective date of the ordinance codified in this chapter,
in compliance with all applicable laws and which does not conform to the requirements of this
chapter shall be accepted and allowed as a legal nonconforming use. Such legal
nonconforming uses shall comply at all times with the laws, ordinances and regulations in
effect at the time the application was deemed complete, and any applicable Federal or State
laws as they may be amended or enacted from time to time, and shall at all times comply with
the conditions of approval.
B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device,
support structure, alternative siting structure and accessory equipment placed, affixed,
mounted, constructed, developed, erected or installed prior to the effective date of the
ordinance codified in this chapter in violation of applicable laws, ordinances or regulations
shall be considered an illegal nonconforming use and shall be subject to abatement as a public
nuisance.
17.54.260270 - 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
usewireless facility permits issued pursuant to this chapter. The fee for processing and reviewing
applications for administrative Wireless Facilities Permits collocation permits shall be the same as
for an Entitlement Plan Check Modification Fee (Ministerial) site plan review as established by
the City Council. The fee for other Wireless Facility Permits shall be the same as for a Conditional
Use Permit as established by the City Council.
17.54.280 - State or federal law.
The implementation of this chapter and decisions on applications for placement of wireless
facilities shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is
determined that the applicant has established that denial of an application would, within the
meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services,
or otherwise violate applicable laws or regulations. If that determination is made, the requirements
33
of this chapter may be waived, but only to the minimum extent required to avoid the prohibition
or violation.
17.54.290 – Violation
A. Upon making a determination that the wireless facility is in violation of this Code, the City
at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead
Municipal Code.
B. Violation of this chapter is a misdemeanor and is punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than
six months or by both such fine and imprisonment. Each day during any portion of which any
violation of any provision of this chapter is committed, continued or permitted, constitutes a
separate offense. The provisions of this chapter will not limit any other remedies authorized by
law.
34
SECTION 4. Code Amendment. RMC § 17.20.020 is amended to read as follows:
17.20.020 - Commercial and industrial land uses and permit requirements.
Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land
allowed in each such zoning district, and the land use permit required, if any, to establish each
use subject to section 17.08.050. Where the last column in the tables (Specific Use Regulations)
includes a section reference number, the regulations in the referenced section apply to the use in
addition to those shown in the table.
Table 17.20.020.1
USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Land Use Requirements by District Specific Use
Regulations CI-MU M-1
…
Transportation, Communications, and Infrastructure Uses:
Automobile Parking
Facilities as principal
use (subterranean and
structures)
CUP CUP
Heliports and
Helistops
A/CUP A/CUP
Telecommunications
facilities (not
including Wireless
Telecommunication
facilities)
P P
Utilities P P
Wireless
Telecommunication
Facilities
— CUPSee Article
3, Chapter 17.54
See Article
3, Chapter 17.54
Special Needs Uses, limited to only the following:
Emergency Shelters — P See Article
3, Chapter 17.30
…
SECTION 5: Code Amendment. RMC § 17.21.020 is amended to read as follows:
17.21.020 - Garvey Avenue Specific Plan Land Uses and Permit Requirements.
Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed
in each such zoning district, and identifies the land use permits required, if any, to establish each
use subject to section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use
35
Regulations) includes a section reference number, the regulations in the referenced section apply
to the use in addition to those shown in Table 17.21.020.1.
Table 17.21.020.1
Uses in the Garvey Avenue Specific Plan District
Allowed Uses
Key:
GSP - OS/P GSP - R/C GSP GSP – MU* Specific
Regulations
…
Public and Civic
Colleges and
Universities
— — — P
Cultural
Institutions
CUP CUP CUP CUP
Park and
Recreation
Facilities
P P P P For lighted
facilities, see
RMC
Section 17.68.
060
Places of
Religious
Assembly
— CUP CUP CUP
Public Utility
Facilities
AUP AUP AUP AUP
Telecommunica
tion
Facilities/Wirel
ess
Telecommunica
tion Facilities
CUPSee Arti
cle
3, Chapter
17.54
CUPSee Arti
cle
3, Chapter
17.54
CUPSee Arti
cle
3, Chapter
17.54
CUPSee Arti
cle
3, Chapter
17.54
See Article
3, Chapter
17.54
Educational
Institution
(Private)
— CUP CUP CUP
…
SECTION 6: Code Amendment. RMC § 17.24.020 is amended to read as follows:
17.24.020 - Special purpose district land uses and permit requirements.
Table 17.24.020.1, Uses in Special Purpose Districts, identifies the uses of land allowed in the
Open Space (O-S) district and the Automobile Parking (P) zoning district, and the land use permit
required, if any, to establish each use subject to Section 17.08.050. Where the last column in the
tables (Specific Use Regulations) includes a section reference number, the regulations in the
referenced section apply to the use in addition to those shown in the table. The Planned
Development (P-D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040.
36
Table 17.24.020.1
USES IN SPECIAL PURPOSE DISTRICTS
Land Use Requirements by District Specific Use
Regulations O-S P
…
Public Parking,
including Parking
Lots and Structures
P P
Private Parking
Facilities for Shared
Use
— CUP
Government
Buildings and
Facilities
A —
Wireless
Telecommunication
Facilities
CUPSee Article
3, Chapter 17.54
— See Article
3, Chapter 17.54
Utilities P P
…
SECTION 7: Code Amendment. RMC § 17.28.040.C is amended to read as follows:
C. Permitted Uses.
1. The following land uses identified in the table 17.28.040.1 below apply to individual
properties based on the location and application of the FCMU Overlay zones. For ease of
reference, land uses are grouped based on the general use category. Property owners,
developers, and applicants should refer to the Freeway Corridor Mixed-Use Overlay
document to verify their property's relevant FCMU Overlay zone.
2. The Community Development Director, or designee, may determine that a proposed use
that is not specifically listed in the table below is in keeping with the vision and intent for
the FCMU Overlay and therefore may be allowed if it meets all of the following criteria:
a. The characteristics of and activities associated with the proposed use is similar to one
or more of the permitted uses in the table below, and will not involve substantially
greater intensity than the other uses permitted within the FCMU Overlay;
b. The proposed use will be consistent with the purpose and intent of the FCMU
Overlay;
c. The proposed use will be compatible with the other uses listed for the FCMU
Overlay.
Table 17.28.040.1
FCMU-C FCMU-B NOTES
…
Public and Civic
37
Colleges and
Universities
- P
Community Garden P P
Cultural Institutions CUP CUP
Educational
Institution (Private)
CUP CUP
Park and Recreation
Facilities
P P
Places of Religious
Assembly
CUP -
Public Utility
Facilities
AUP AUP
Telecommunication
Facilities/
Wireless
Telecommunication
Facilities
CUPSee Article
3, Chapter 17.54
CUPSee Article
3, Chapter 17.54
See Article
3, Chapter 17.54
Commercial
…
SECTION 8: Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof,
be rendered or declared invalid or unconstitutional by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the
validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby
declares that it would have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may
be declared invalid or unconstitutional.
SECTION 9: Publication. The City Clerk shall certify to the adoption of this Ordinance and
shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office
of the City Clerk at least five (5) days prior to the adoption and within fifteen (15) days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty days
after the date of its adoption.
SECTION 10: Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
38
PASSED, APPROVED, AND ADOPTED this ___ day of ______, 2026.
_______________________________
Sandra Armenta, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ ________________________________
Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk
39
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby certify that Ordinance No. 1032 was first introduced at the regular meeting
of __________________, 2026, by first reading. Said Ordinance was approved and adopted by the
City Council of the City of Rosemead at a regular meeting held on the _____ day of ___________
2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Ericka Hernandez, City Clerk
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EXHIBIT “C”
Chapter 12.54 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-
OF-WAY
12.54.010. PURPOSE.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of
regulations and standards for the permitting, development, siting, installation, design, operation
and maintenance of wireless telecommunications facilities in the City’s public right-of-way. These
regulations are intended to prescribe clear and reasonable criteria to assess and process
applications in a consistent and expeditious manner, while reducing the impacts associated with
wireless telecommunications facilities. This chapter provides standards necessary (1) for the
preservation of the public right-of-way (“PROW”) in the City for the maximum benefit and use of
the public, (2) to promote and protect public health and safety, community welfare, visual
resources and the aesthetic quality of the City consistent with the goals, objectives and policies
of the general plan, and (3) to provide for the orderly, managed and efficient development of
wireless telecommunications facilities in accordance with the state and federal laws, rules and
regulations, including those regulations of the Federal Communications Commission (“FCC”) and
California Public Utilities Commission (“CPUC”), and (4) to ensure that the use and enjoyment of
the PROW is not inconvenienced by the use of the PROW for the placement of wireless facilities.
The City recognizes the importance of wireless facilities to provide high-quality communications
service to the residents and businesses within the City, and the City also recognizes its obligation
to comply with applicable Federal and State laws. This chapter shall be constructed and applied
in consistency with the provisions of state and federal laws, and the rules and regulations of FCC
and CPUC. In the event of any inconsistency between any such laws, rules and regulations and
this chapter, the laws, rules and regulations shall control.
12.54.020. DEFINITIONS.
“Accessory equipment” means any and equipment, including, without limitation, back- up
generators and power supply units, cabinets, coaxial and fiber optic cables, connections,
equipment buildings, shelters, radio transceivers, transmitters, pedestals, splice boxes, fencing
and shielding, surface location markers, meters, regular power supply units, fans, air conditioning
units, cables and wiring, to which an antenna is attached in order to facilitate the provision of
wireless telecommunication services.
“Antenna” means that specific device for transmitting and/or receiving radio frequency or other
signals for purposes of wireless telecommunications services. “Antenna” is specific to the antenna
portion of a wireless telecommunications facility.
Antenna array” shall mean two or more antennas having active elements extending in one or
more directions, and directional antennas mounted upon and rotated through a vertical mast or
tower interconnecting the beam and antenna support, all of which elements are deemed to be
part of the antenna.
“Base station” shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.)
Section 1.6100(b)(1), or any successor provision. This means a structure or equipment at a fixed
location that enables FCC-licensed or authorized wireless communications between user
4902-2765-4694 2
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equipment and a communications network (regardless of the technological configuration and
encompassing distribute antenna systems and small cells). “Base station” does not encompass
a tower or any equipment associated with a tower. Base station includes, without limitation:
1. Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as wireless services not licensed by
the FCC and fixed wireless services such as microwave backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems and small cells).
3. Any structure other than a tower that, at the time the relevant application is filed
with the City under this chapter, supports or houses equipment described in
paragraphs 1 and 2 of this definition that has been reviewed and approved under
the applicable zoning or siting process, or under another state or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing that support.
4. “Base station” does not include any structure that, at the time the relevant
application is filed under this chapter, does not support or house equipment
described in paragraphs 1 and 2 of this definition. Other structures that do not host
wireless telecommunications facilities are not “base stations.”
As an illustration and not a limitation, the FCC’s definition of “base station” refers to any structure
that actually supports wireless equipment even though it was not originally intended for that
purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility
poles, light standards or traffic signals. A structure without wireless equipment replaced with a
new structure designed to bear the additional weight from wireless equipment constitutes a base
station.
“City” means the City of Rosemead.
“Code” means the Rosemead Municipal Code.
“Collocation” bears the following meanings:
1. For the purposes of any eligible facilities request, the same as defined by the FCC
in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as “[t]he
mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.” and
2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as
may be amended, which defines that term as (1) Mounting or installing an antenna
facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose
of mounting or installing an antenna facility on that structure.
“Collocation facility” means collocation facilities as defined at Government Code
section65850.6(d).“
4902-2765-4694 3
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COW” means a “cell on wheels,” shall have the same meaning as that definition provided for in
Chapter 17.54.
“Director of Public Works” means the Director of Public Works, or his or her designee.
“Eligible facilities request” means any request for modification to an existing eligible support
structure that does not substantially change the physical dimensions of such structure, involving:
1. Collocation of new transmission equipment which does not result in a substantial
change;
2. Removal of transmission equipment;
3. Replacement of transmission equipment that does not result in a substantial
change (replacement does not include completely replacing the underlying support
structure); or
4. Hardening through structural enhancement where such hardening is necessary to
accomplish the eligible facilities request, but does not include replacement of the
underlying support structure.
“Eligible facilities request” does not include modifications or replacements when an eligible
support structure was constructed or deployed without proper local review, was not
required to undergo local review, involves equipment that was not properly approved, or
was not constructed or installed in compliance with the approved plans. “Eligible facilities
request” does include collocation facilities satisfying all the requirements for a non-
discretionary collocation facility pursuant to Government Code Section 65850.6.
“Eligible support structure” means any support structure located in the PROW that is existing at
the time the relevant application is filed with the City under this chapter provided said support
structure has been installed and placed in the PROW pursuant to a City approved permit or other
legal authorization or right to be installed and maintained in the PROW.
“Existing” means a support structure, wireless telecommunications facility, or accessory
equipment that has been reviewed and approved under the City’s applicable zoning or siting
process, or under another applicable state or local regulatory review process, and lawfully
constructed prior to the time the relevant application is filed under this chapter. However, a support
structure, wireless telecommunications facility, or accessory equipment that has not been
reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is “existing” for purposes of this chapter. “Existing” does not apply to any structure
that (1) was illegally constructed without all proper local agency approvals, or (2) was constructed
in noncompliance with such approvals. “Existing” does not apply where an existing support
structure is proposed to be replaced in furtherance of the proposed wireless telecommunications
facility.
“Facility(ies)” means wireless telecommunications facility(ies).
“FCC” means the Federal Communications Commission.
4902-2765-4694 4
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“Ground-mounted” means mounted to a pole, tower or other freestanding structure which is
specifically constructed for the purpose of supporting an antenna or wireless telecommunications
facility and placed directly on the ground at grade level.
“Lattice tower” means an open framework structure used to support one or more antennas,
typically with three or four support legs.
“Located within (or in) the public right-of-way” includes any facility which in whole or in part, itself
or as part of another structure, rests upon, in, over or under the PROW.
“Modification” means a change to an existing wireless telecommunications facility that involves
any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or
augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior
material. “Modification” does not include repair, or maintenance if those actions do not involve
whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of
an existing wireless telecommunications facility.
“Monopole” means a structure composed of a pole or tower used to support antennas or related
equipment. A monopole includes a monopine, monopalm and similar monopoles camouflaged to
resemble faux trees or other faux objects attached on a monopole (e.g. clock tower or water
tower).
“Mounted” means attached or supported.
“OTARD antennas” means antennas covered by the “over-the-air reception devices” rule codified
at 47 C.F.R. sections 1.4000 et seq. as may be amended from time to time.
“Permittee” means any person or entity granted a WTFP pursuant to this chapter.
“Personal wireless services” shall have the same meaning as set forth in 47 United States Code
(USC) Section 332(c)(7)(C)(i).
“Pole” means a single shaft of wood, steel, concrete or other material capable of supporting the
equipment mounted thereon in a safe and adequate manner and as required by provisions of this
code.
“Public right-of-way” or “PROW” means a strip of land acquired by reservation, dedication,
prescription, condemnation, or easement that allows for the passage of people, vehicles and
goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, parkway,
sidewalks, roadway and medians. The PROW does not include lands owned, controlled or
operated by the City for uses unrelated to streets or the passage of people and goods, such as,
without limitation, parks, City hall and community center lands, City yards, and lands supporting
reservoirs, water towers, police or fire facilities.
“Replacement” refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where the replacement structure will
be of like-for-like kind to resemble the appearance and dimensions of the structure or equipment
replaced, including size, height, color, landscaping, materials and style.
1. In the context of determining whether an application qualifies as an eligible facilities
request, the term “replacement” relates only to the replacement of transmission
4902-2765-4694 5
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equipment and does not include replacing the support structure on which the
equipment is located.
2. In the context of determining whether a SWF application qualifies as being placed
upon a new eligible support structure or qualifies as a collocation, an application
proposing the “replacement” of the underlying support structure qualifies as a new
pole proposal.
“RF” means radio frequency.
“Small cell” means a low-powered antenna (node). A “small cell” may or may not be connected
by fiber. “Small,” for purposes of “small cell,” refers to the area covered, not the size of the facility.
“Small cell” includes, but is not limited to, devices generally known as microcells, picocells and
femtocells.
“Spectrum Act” means the Middle Class Tax Relief Act and Job Creation Act of 2012 including
Section 6409 codified at 47 U.S.C. §1455(a).
“Substantial change” has the same meaning as “substantial change” as defined by the FCC at 47
C.F.R. 1.6100(b)(7). If undergrounding the cabinet is technologically infeasible such that it is
materially inhibitive to the project, the Director of Public Works may allow for a ground mounted
cabinet. A modification or collocation results is a “substantial change” to the physical dimensions
of an eligible support structure if it does any of the following:
1. It increases the height of the structure by more than 10% or more than ten feet,
whichever is greater;
2. It involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
3. It involves installation of any new equipment cabinets on the ground if there are no
pre-existing ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site. However, if an
existing pole-mounted cabinet is proposed to be replaced with an underground
cabinet at a facility where there are no pre-existing ground cabinets associated
with the structure, such modification may be deemed a non- substantial change,
in the discretion of the Director of Public Works and based upon their reasonable
consideration of the cabinet’s proximity to residential structures, residential view
sheds, interference to public views and/or degradation of concealment elements;
5. It defeats the concealment or stealthing elements of the eligible support structure;
or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure, provided however that
this limitation does not apply to any modification that is non-compliant only in a
manner that would not exceed the thresholds identified in paragraphs 1 through 4
of this definition.
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“Support structure” means a tower, pole, base station or other structure used to support a wireless
telecommunications facility.
“SWF” means a “small wireless facility” as defined by the FCC in 47 C.F.R. 1.6002(l) as may be
amended, which are personal wireless services facilities that meet all the following conditions
that, solely for convenience, have been set forth below:
1. The facility:
a. Is mounted on an existing or proposed structure 50 feet or less in height,
including antennas, as defined in Title 47 C.F.R. Section 1.1320(d); or
b. Is mounted on an existing or proposed structure no more than 10 percent
taller than other adjacent structures, or
c. Does not extend an existing structure on which it is located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)),
is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated
equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 C.F.R. Part
17;
5. The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section
800.16(x); and
6. The facility does not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in Title 47 C.F.R. Section
1.1307(b).
“SWF Regulations” means those regulations adopted by the City council (City Council Policy)
implementing the provisions of this chapter applicable to SWFs and further regulations and
standards applicable to SWFs.
“Telecommunications tower” or “tower” bears the meaning ascribed to wireless towers by the FCC
in 47 C.F.R. § 1.61000(b)(9), including without limitation a freestanding mast, pole, monopole,
guyed tower, lattice tower, free standing tower or other structure designed and built for the sole
or primary purpose of supporting any FCC-licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site. This
definition does not include utility poles.
“Transmission equipment” bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R.
§ 1.61000(b)(8), including equipment that facilitates transmission for any FCC-licensed or
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authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
“Utility pole” means any pole or similar structure owned by any utility company that is primarily
used to support wires or cables necessary to the provision of electrical or other utility services
regulated by the California Public Utilities Commission. A telecommunications tower is not a utility
pole.
“Wireless telecommunications facility” means equipment and network components such as
antennas, accessory equipment, support structures, and emergency power systems that are
integral to providing wireless telecommunications services. Exceptions: The term “wireless
telecommunications facility” does not apply to the following:
1. Government-owned and operated telecommunications facilities.
2. Emergency medical care provider-owned and operated telecommunications
facilities.
3. Mobile services providing public information coverage of news events of a
temporary nature.
4. Any wireless telecommunications facilities exempted from this code by federal law
or state law.
“Wireless telecommunications services” means the provision of services using a wireless
telecommunications facility, and shall include, but not limited to, the following services: personal
wireless services, cellular service, personal communication service, and/or data radio
telecommunications.
“WTFP” means a “wireless telecommunications facility permit” required by this chapter, including
a Major WTFP or an Administrative WTFP.
12.54.030. APPLICABILITY.
This chapter applies to the siting, construction or modification of any and all wireless
telecommunications facilities proposed to be located in the public right-of-way as follows:
A. Pre-existing Facilities in the PROW. Nothing in this chapter shall validate any existing
illegal or unpermitted wireless facilities. All illegal or unpermitted wireless facilities shall
comply with this chapter and obtain a WTFP, and an encroachment permit when
applicable, to be considered legal and conforming.
B. This chapter does not apply to the following:
1. Amateur radio facilities;
2. OTARD antennas;
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3. Facilities owned and operated by the City for its use or for public safety purposes;
4. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of state
or federal law, or franchise agreement, are preemptive of the terms of this chapter,
then the terms of this chapter shall be severable to the extent of such preemption
and all remaining regulations shall remain in full force and effect.
5. Installation of a COW or a similar structure for a temporary period in connection
with an emergency or event at the discretion of the Director of Public Works, but
no longer than required for the emergency or event, provided that installation does
not involve excavation, movement, or removal of existing facilities. Said COWs
shall be subject to any other City approval including but not limited to a temporary
use permit.
C. Public use. Except as otherwise provided by state or federal law, any use of the PROW
authorized pursuant to this chapter will be subordinate to the City’s use and use by the
public.
12.54.040. WIRELESS TELECOMMUNICATIONS FACILITY PERMIT REQUIREMENTS.
A. Administration. The Director of Public Works is responsible for administering this chapter.
As part of the administration of this chapter, the Director of Public Works may:
1. Interpret the provisions of this chapter;
2. Develop and implement standards governing the placement, appearance and
modification of wireless telecommunications facilities consistent with the
requirements of this chapter, including regulations governing collocation and
resolution of conflicting applications for placement of wireless facilities;
3. Develop and implement acceptable design, location and development standards
for wireless telecommunications facilities in the PROW, taking into account the
zoning districts bounding the PROW;
4. Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this chapter;
5. Collect, as a condition of the completeness of any application, any fee established
by this chapter;
6. Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal and
state laws and regulations;
7. Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should
be issued;
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8. Require, as part of, and as a condition of completeness of any application, that an
applicant for a wireless encroachment permit send notice to members of the public
that may be affected by the placement or modification of the wireless facility and
proposed changes to any support structure per City requirements for approvals
and/or permits related to installations in the PROW;
9. As provided herein, determine whether to approve, approve subject to conditions,
or deny an application; and
10. Take such other steps as may be required to act upon applications for placement
of wireless telecommunications facilities, including issuing written decisions and
entering into agreements to mutually extend the time for action on an application.
B. Administrative Wireless Telecommunications Facilities Permits (“Administrative WTFP”).
1. An Administrative WTFP, subject to the Director of Public Works’s approval, may
be issued for wireless telecommunications facilities, collocations, or modifications
to an eligible support structure that meet the following criteria:
a. The proposal is determined to be for a SWF; or
b. The proposal is determined to be an eligible facilities request; or
c. Both.
2. In the event that the Director of Public Works determines that any application
submitted for an Administrative WTFP does not meet the administrative permit
criteria of this chapter, the Director of Public Works shall convert the application to
a Major WTFP for planning commission hearing.
C. Major Wireless Telecommunications Facilities Permit (“Major WTFP”). All other proposed
wireless telecommunications facilities or replacements, collocations, or modifications to a
wireless telecommunications facility that are not qualified for an Administrative WTFP shall
be subject to the requirements outlined in the Code for Wireless Telecommunications
Facilities at chapter 17.54.
D. Special Provisions for SWFs; SWF Regulations. Notwithstanding any other provision of
this chapter as provided herein, all SWFs are subject to a permit as specified in the SWF
Regulations, as are adopted by City Council resolution. All SWFs, shall comply with the
SWF Regulations, as they may be amended from time to time.
1. The SWF Regulations are intended to be constructed in consistency with, and
addition to, the terms and provisions of this chapter. To the extent general
provisions of this chapter are lawfully applicable to SWFs, such terms shall apply
unless in contradiction to more specific terms set forth in the SWF Regulations, in
which case the more specific terms of the SWF Regulations shall control.
E. Other Permits Required. In addition to any permit that may be required under this chapter,
the applicant must obtain all other required prior permits or other approvals from other City
departments, or state or federal agencies. Any permit granted under this chapter is subject
to the conditions and/or requirements of other required prior permits or other approvals
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from other City departments, state or federal agencies. Building and encroachment
permits, and all City standards and requirements therefor, are applicable.
F. Eligible Applicants. Only applicants who have been granted the right to enter the PROW
pursuant to state or federal law, or who have entered into a franchise agreement with the
City permitting them to use the PROW, shall be eligible for a WTFP pursuant to this
chapter.
12.54.050. APPLICATION FOR WIRELESS TELECOMMUNICATIONS FACILITY
PERMITS.
A. Generally. The applicant shall submit a paper copy and an electronic copy of any
application, amendments, or supplements to a WTFP application, or responses to
requests for information or notice of incomplete regarding an WTFP, in accordance with
the provisions of this section. SWF applications shall be governed by any additional terms
set forth in the SWF Regulations, and in the event of an inconsistency between the
provisions of this Section and the terms of the SWF Regulations, the Regulations shall
control.
1. All applications for WTFPs shall be initially submitted to the City along with the
information required for an encroachment permit or any other permit required by
this Code. Each applicant shall fully and completely submit to the City a written
application on a form prepared by the Director of Public Works.
2. Application Submittal Appointment. It is recommended that all WTFP applications
must be submitted to the Director of Public Works at a pre-scheduled application
submission appointment. City staff will endeavor to provide applicants with an
appointment within five business days after receipt of a written request.
3. If the wireless telecommunications facility will also require the installation of fiber,
cable or coaxial cable, such cable installations shall be included within the
application form and processed in conjunction with the proposal for vertical support
structure(s). Applicants shall simultaneously request fiber installation or other
cable installation when seeking to install antennas in the PROW. Standalone
applications for the installation of fiber, cable or coaxial cable, or accessory
equipment designed to serve an antenna must include all features of the wireless
telecommunications facility proposed. Installation of fiber, cable or coaxial cable,
such as cable installations that are not affiliated with a vertical support structure do
not qualify as a WTFP and shall be subject to the requirements, policies and
procedures established by the City.
B. Application Contents—Administrative WTFPs. The content of the application form for
facilities subject to an Administrative WTFP shall be determined by the Director of Public
Works , but at a minimum shall include the following:
1. The name of the applicant, its telephone number and contact information, and if
the applicant is a wireless infrastructure provider, the name and contact information
for the wireless service provider that will be using the wireless facility.
2. The name of the owner of the structure, if different from the applicant, and a signed
and notarized letter demonstrating the owner’s authorization for use of the
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structure or a copy of the lease or other agreement between the applicant and the
owner of the structure.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner’s authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
4. A complete description of the proposed wireless telecommunications facility and
any and all work that will be required to install or modify it, including, but not limited
to, detail regarding proposed excavations, if any; detailed site plans showing the
location of the wireless telecommunications facility including all utility equipment,
and dimensioned drawings with specifications for each element of the wireless
facility, clearly describing the site and all structures and facilities at the site before
and after installation or modification; and a dimensioned map identifying and
describing the distance to the nearest residential dwelling unit and any historical
structure within 500 feet of the facility. And photo simulations must be provided
depicting the proposed location before and after the proposed installation taken
from four different angles (e.g. north, south, east and west views).
5. Detailed engineering plans of the proposed wireless telecommunications facility
and related report prepared by a professional engineer registered in the state
documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
demonstrates that the proposed facility has been designed to be the least
intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
c. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving
the carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for the
subject carrier, indicating the number and types of antennas and power and
frequency ranges, which can be accommodated.
e. Sufficient evidence of the structural integrity of the support structure as
required by the City.
6. Documentation sufficient to show that the proposed facility will comply with
generally-applicable health and safety provisions of the Code and the FCC’s radio
frequency emissions standards.
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7. If the application is for a SWF, the application shall state as such and shall explain
why the proposed facility meets the definition of a SWF. And the application must
contain all additional application information, if any, required by the SWF
Regulations.
8. If the application is for an eligible facilities request, the application shall state as
such and must contain information sufficient to show that the application qualifies
as an eligible facilities request, which information must demonstrate that the
eligible support structure was not constructed or deployed without proper local
review, was not required to undergo local review, or involves equipment that was
not properly approved or installed in compliance with City approved plans. This
shall include copies of all applicable local permits in- effect and as-built drawings
of the current site.
9. If the applicant contends that denial of the application would prohibit or effectively
prohibit the provision of service in violation of federal law, or otherwise violate
applicable law, the application must provide all information on which the applicant
relies on in support of that claim. Applicants are not permitted to supplement this
showing if doing so would prevent the City from complying with any deadline for
action on an application.
C. Application Contents—Major WTFPs. The Director of Public Works shall develop an
application form and make it available to applicants upon request and post the application
form on the City’s website. The application form for a Major WTFP shall require the
following information, in addition to all other information determined necessary by the
Director of Public Works :
1. The name, address and telephone number of the applicant, owner and the
operator of the proposed wireless telecommunication facility.
2. If the applicant does not, or will not, own the support structure, the applicant shall
provide a duly-executed letter of authorization from the owner of the structure. If
the owner of the support structure is the applicant, but such owner/applicant will
not directly provide wireless telecommunications services, the owner/applicant
shall provide a duly-executed letter of authorization from the person(s) or
entity(ies) that will provide those services.
3. The name of the property owner and a signed and notarized letter demonstrating
the owner’s authorization for use of the property or a copy of the lease or other
agreement between the applicant and the owner of the property.
4. A full written description of the proposed wireless telecommunications facility and
its purpose.
5. Detailed engineering plans of the proposed wireless telecommunications facility
and related report prepared by a professional engineer registered in the state
documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
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demonstrates that the proposed facility has been designed to be the least
intrusive equipment within the particular technology available to the carrier
for deployment. Site plan(s) shall be to scale, specifying and depicting the
exact proposed location of the proposed wireless telecommunications
facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and
showing compliance with all design and safety requirements set forth in this
chapter.
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
c. Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application serving
the carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for the
subject carrier, indicating the number and types of antennas and power and
frequency ranges, which can be accommodated.
e. Sufficient evidence of the structural integrity of the support structure as
required by the City.
6. A written description identifying the geographic service area to be served by the
proposed WTFP, plus geographic or propagation maps showing applicant’s service
area objectives.
7. A justification study which includes the rationale for selecting the proposed wireless
telecommunication facility design, support structure and location. A detailed
explanation of the applicant’s coverage objectives that the proposal would serve,
and how the proposed use is the least intrusive means for the applicant to cover
such objectives. This shall include:
a. A meaningful comparative analysis that includes the factual reasons why
the proposed location and design deviates is the least noncompliant or
intrusive location and design necessary to reasonably achieve the
applicant’s reasonable objectives of covering an established significant gap
(as established under state and federal law).
b. Said study shall include all eligible support structures and/or alternative
sites evaluated for the proposed WTFP, and why said alternatives are not
reasonably available, technically feasible options that most closely conform
to the local values. The alternative site analysis must include the
consideration of at least two eligible support structures; or, if no eligible
support facilities are analyzed as alternatives, why no eligible support
facilities are reasonably available or technically feasible.
c. If a portion of the proposed facility lies within a jurisdiction other than the
City’s jurisdiction, the applicant must demonstrate that alternative options
for locating the project fully within one jurisdiction or the other is not a viable
option. Applicant must demonstrate that it has obtained all approvals from
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the adjacent jurisdiction for the installation of the extra-jurisdictional portion
of the project.
8. A completed environmental assessment application, or in the alternative any and
all documentation identifying the proposed WTFP as exempt from environmental
review (under the California Environmental Quality Act, Public Resources Code
21000–21189, the National Environmental Policy Act, 42 U.S.C. §4321 et seq., or
related environmental laws). Notwithstanding any determination of environmental
exemption issued by another governmental entity, the City reserves its right to
exercise its rights as a responsible agency to review de novo the environmental
impacts of any WTFP application.
9. An accurate visual impact analysis showing the maximum silhouette, view-shed
analysis, color and finish palette and proposed screening for the wireless
telecommunications facility, including scaled photo simulations from at least 4
different angles (e.g north, south, east, west),.
10. Documentation sufficient to show that the proposed facility will comply with
generally-applicable health and safety provisions of the Code and the FCC’s radio
frequency emissions standards.
11. Copies of any documents that the applicant is required to file pursuant to Federal
Aviation Administration regulations for the proposed wireless telecommunications
facility.
12. A noise study prepared by a qualified acoustic engineer documenting that the level
of noise to be emitted by the proposed wireless telecommunications facility will
comply with this code, including Chapter 8.36 (Noise Control) of this Code.
13. A traffic control plan when applicable. The City shall have the discretion to require
a traffic control plan when the applicant seeks to use large equipment (e.g. crane)
as approved by the Director of Public Works.
14. If required by the City, a scaled conceptual landscape plan showing existing trees
and vegetation and all proposed landscaping, concealment, screening and
proposed irrigation with a discussion of how the chosen material at maturity will
screen the wireless telecommunication facility.
15. Certification that applicant is a telephone corporation or a statement providing the
basis for its claimed right to enter the right-of-way. If the applicant has a certificate
of public convenience and necessity (CPCN) issued by the California Public
Utilities Commission, it shall provide a copy of its CPCN.
16. Evidence that the proposed wireless telecommunications facility qualifies as a
“personal wireless services facility” as defined in United States Code, Title 47,
Section 332(c)(7)(C)(ii).
17. Address labels for use by the City in noticing all property owners within 300 feet of
the proposed wireless telecommunication facility and, if applicable, all public
hearing information required by this Code for public noticing requirements.
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18. Any other information and/or studies reasonably determined to be necessary by
the Director of Public Works may be required.
D. Fees and Deposits Submitted with Application(s). For all WTFPs, application fee(s) shall
be required to be submitted with any application, as established by City council resolution
and in accordance with California Government Code Section 50030. Notwithstanding the
foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a
WTFP unless paid as a refundable deposit.
E. Independent Expert. The Director of Public Works , is authorized to retain on behalf of the
City one or more independent, qualified consultant(s) to review any WTFP application.
The review is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall include, but not limited to, application completeness
or accuracy, structural engineering analysis, or compliance with FCC radio frequency
emissions standards.
F. Costs. Reasonable costs of City staff, consultant and attorney time (including that of the
City Attorney) pertaining to the review, processing, noticing and hearing procedures
directly attributable to a WTFP shall be reimbursable to the City.
G. Effect of State or Federal Law on Application Process. In the event a state or federal law
prohibits the collection of any information or application conditions required by this
Section, the Director of Public Works is authorized to omit, modify or add to that request
from the City’s application form. Requests for waivers from any application requirement of
this Section shall be made in writing to the Director of Public Works or his or her designee.
The Director of Public Works may grant a request for waiver if it is demonstrated that,
notwithstanding the issuance of a waiver, the City will be provided all information
necessary to understand the nature of the construction or other activity to be conducted
pursuant to the WTFP sought. All waivers approved pursuant to this Subsection shall be
(1) granted only on a case-by-case basis, and (2) narrowly-tailored to minimize deviation
from the requirements of the Code.
H. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any
application governed under this chapter will be automatically deemed withdrawn by the
applicant when the applicant fails to tender a substantive response to the City on any
application within thirty (30) calendar days after the application is deemed incomplete in a
written notice to the applicant. The Director of Public Works may, in his/her discretion,
grant a written extension for up to an additional thirty (30) calendar days when the
applicant submits a written request prior to the 60th day, after the date of the notice of
incomplete, that shows good cause to grant the extension.
I. Waiver of Applications Superseded by Submission of New Project. If an applicant submits
a WTFP application, but substantially revises the proposed facility during the application
process prior to any City hearing or decision on such application, the substantially revised
application shall be deemed a new application for all processing purposes, including
federal shot clocks, and the prior submittals deemed waived and superseded by the
substantially revised application. For purposes of this subparagraph, “substantially
revised” means that the project as initially-proposed has been alternately proposed for a
location 200 feet or more from the original proposal and within the same street
classification or constitutes a substantial change in the dimensions or equipment that was
proposed in the original WTFP application.
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J. Rejection for Incompleteness. WTFPs will be processed, and notices of incompleteness
provided, in conformity with state, local, and federal law. If such an application is
incomplete, it may be rejected or denied by the Director of Public Works by notifying the
applicant in writing and specifying the material omitted from the application.
12.54.060. REVIEW PROCEDURE.
A. Generally. Wireless telecommunications facilities shall be installed and modified in a
manner that minimizes risks to public safety and utilizes installation of new support
structures or equipment cabinets in the PROW only after all existing and replacement
structure options have been exhausted, and where feasible, places equipment
underground, and otherwise maintains the integrity and character of the neighborhoods
and corridors in which the facilities are located; ensures that installations are subject to
periodic review to minimize the intrusion on the PROW; and ensures that the City bears
no risk or liability as a result of the installations, and that such use does not inconvenience
the public, interfere with the primary uses of the PROW, or hinder the ability of the City or
other government agencies to improve, modify, relocate, abandon, or vacate the PROW
or any portion thereof, or to cause the improvement, modification, relocation, vacation, or
abandonment of facilities in the PROW.
B. Findings Required for Approval.
1. Administrative WTFP Applications for SWFs. For WTFP applications proposing a
SWF, the Director of Public Works , as the case may be, shall approve such
application if, on the basis of the application and other materials or evidence
provided in review thereof, all of the following findings can be made:
a. The facility qualifies as a SWF; and
b. The facility meets applicable requirements and standards of State and
Federal law.
c. The facility meets all standards, requirements and further findings as may
be specified in the SWF Regulations; and
d. The facility is not detrimental to the public health, safety, and welfare; and
2. Administrative WTFP Applications for Eligible Facility Requests. For WTFP
applications proposing an eligible facilities request, the Director of Public Works
shall approve such application if, on the basis of the application and other materials
or evidence provided in review thereof, all of the following findings can be made:
a. That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply with all generally-applicable laws
including all health and safety codes.
3. Major WTFP Applications. No Major WTFP shall be granted unless all of the
following findings are made by the applicable decision-maker:
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a. If applicable, all notices required for the proposed WTFP have been given,
including the inclusion or placement on-site, of photo simulations for the
proposed facility.
b. The proposed wireless telecommunications facility has been designed and
located in compliance with all applicable provisions of this chapter.
c. If applicable, the applicant has demonstrated its inability to locate on an
eligible support structure.
d. The applicant has provided sufficient evidence supporting the applicant’s
claim that it has the right to enter the public right-of-way pursuant to state
or federal law, or the applicant has entered into a franchise agreement with
the City permitting them to use the public right-of-way.
e. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means
possible, supported by factual evidence and a meaningful comparative
analysis to show that all alternative locations and designs identified in the
application review process were technically infeasible or not reasonably
available.
C. Notice; Decisions. The provisions in this Section describe the procedures for the approval
process, any required notice and public hearings for a WTFP application.
1. Administrative WTFPs: WTFP applications shall not require notice.
2. Major WTFP Applications. Any Major WTFP application shall require notice and a
public hearing. Notice of such hearing shall be provided in accordance with
Government Code Section 65091. Public notices shall include color photo
simulations from four (4) different angles depicting the wireless telecommunication
facility as proposed to be considered by the planning commission. If the application
proposes the use of an existing or replacement eligible support structure, such
simulations shall be posted upon the proposed support structure for a period of
thirty (30) days prior to the date of approval or such time as the Director of Public
Works deems appropriate which may include consideration of any applicable
federal shot clock; such posted simulations shall remain in-place until final decision
on the application is reached.
3. Written Decision Required for All WTFP Determinations. Unless otherwise
specified for SWF’s in the SWF Regulations, all final decisions made pursuant to
this chapter, including those for administratively-processed permits and eligible
facilities requests, shall be in writing and based on substantial evidence in the
written administrative record. Within five (5) days after any decision to approve,
deny or conditionally approve a WTFP application, the Director of Public Works ,
shall provide written notice to the applicant which shall include the following:
a. A description of the property involved;
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b. A general explanation of the decision, including the findings required for the
decision, if any, and how those findings were supported or not supported
by substantial evidence;
c. Information about applicable rights to appeal the decision and explanation
of how that right may be exercised for Major WTFP Applications; and
d. To be given to:
(i) The project applicant and property owner,
(ii) Any person who submitted written comments concerning the WTFP,
(iii) Any person who has filed a written request with the City to receive
such notice, and
(iv) Any homeowner association on file with the City that has jurisdiction
over the WTFP site.
4. Once a WTFP is approved, no changes shall be made to the approved plans
without review and approval in accordance with this chapter.
D. Appeals.
1. The administrative decision of Administrative WTFPs shall be final.
2. Appeals of decisions related to Major WTFPs shall proceed as provided in
accordance with the appeal provisions in Title 17 of the Zoning Code, Chapter
17.160.
E. Notice of Shot Clock Expiration. The City acknowledges there are federal and state shot
clocks which may be applicable to a proposed wireless telecommunications facility. That
is, federal and state law provide time periods in which the City must approve or deny a
proposed wireless telecommunications facility. As such, the applicant is required to
provide the City prior written notice of the expiration of any shot clock, which the applicant
shall ensure is received by the City (e.g. overnight mail) no later than twenty (20) days
prior to the expiration.
12.54.070. DESIGN AND DEVELOPMENT STANDARDS.
A. SWF Design and Development Standards. SWFs are subject to those design and
development standards and conditions of approval set forth in the SWF Regulations. The
City’s grant of a WTFP for a SWF does not waive, and shall not be construed to waive,
any standing by the City to challenge any FCC orders or rules related to SWF facilities, or
any modification to those FCC orders or rules.
B. Eligible Facilities Request Design and Development Standards. Approved eligible facilities
requests for which the findings set forth in Section XX.XX.060 have been made are subject
to the following conditions, unless modified by the approving authority:
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1. WTFP subject to conditions of underlying permit. Any WTFP granted in response
to an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit and all such conditions that were
applicable to the facility prior to approval of the subject eligible facility request.
2. No permit term extension. The City’s grant or grant by operation of law of an eligible
facilities request permit constitutes a federally-mandated modification to the
underlying permit or approval for the subject tower or base station. Notwithstanding
any permit duration established in another permit condition, the City’s grant or
grant by operation of law of an eligible facilities request permit will not extend the
permit term for the underlying permit or any other underlying regulatory approval,
and its term shall have the same term as the underlying permit or other regulatory
approval for the subject tower or base station.
3. No waiver of standing. The City’s approval or approval by operation of law of an
eligible facilities request does not waive, and shall not be construed to waive, any
standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC
rules that interpret Section 6409(a) of the Spectrum Act, or any modification to
Section 6409(a) of the Spectrum Act.
C. Major WTFP Design and Development Standards. All wireless telecommunications
facilities subject to a Major WTFP that are located within the PROW shall be designed and
maintained as to minimize visual, noise and other impacts on the surrounding community
and shall be planned, designed, located, and erected in accordance with the following
standards:
1. General Guidelines.
a. The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually
screened as possible, to prevent the facility from dominating the
surrounding area and to minimize significant view impacts from
surrounding properties and public views, all in a manner that achieves
compatibility with the community and in compliance with this code.
b. Screening shall be designed to be architecturally compatible and
harmonious with surrounding structures using appropriate techniques to
camouflage, disguise, and/or blend into the environment, including
landscaping, color, and other techniques to minimize the facility’s visual
impact as well as be compatible with the architectural character of the
surrounding buildings or structures and landscaping in terms of color, size,
proportion, style, and quality.
c. Wireless telecommunications facilities shall be located consistent with
SecXX.XX.080 (Location Restrictions) unless an exception is granted.
2. Safety. All facilities shall be designed and located in such a manner as to avoid
adverse impacts on the public including traffic and/or pedestrian safety.
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3. Blending Methods. All facilities shall have subdued colors and non-reflective
materials that blend with the materials and colors of the surrounding area,
infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of
wireless telecommunications services that is technically feasible. Antenna
elements shall be flush mounted, to the extent feasible, with all cables and wires
clipped-up, concealed or otherwise out of public view.
5. Support Structures.
a. Pole-Mounted Only. Only pole-mounted antennas (excepting wooden utility
poles per subparagraph 5.b below) shall be permitted in the public right-of-
way. Mountings to all other forms of support structure in the public right- of-
way are prohibited unless an exception pursuant to Section XX.XX.080 is
granted.
b. Utility Poles. The maximum height of any antenna shall not exceed forty-
eight (48) inches above the height of an existing utility pole, nor shall any
portion of the antenna or equipment mounted on a pole be less than twenty-
four (24) feet above any drivable road surface. All installations on utility
poles shall fully comply with the California Public Utilities Commission
general orders, including, but not limited to, General Order 95, as may be
revised or superseded.
c. Light Poles. The maximum height of any antenna shall not exceed forty-
eight (48) inches above the existing height of a light pole. Any portion of the
antenna or equipment mounted on a pole shall be no less than sixteen and
one-half (16½) feet above any drivable road surface.
d. Replacement Poles. If an applicant proposes to replace a pole that is an
eligible support structure to accommodate the proposed facility, the
replacement pole shall be designed to resemble the appearance and
dimensions of existing poles near the proposed location, including size,
height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four (4) cubic
feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or
regulations.
g. An exception pursuant to Section XX.XX.080 shall be required to erect any
new support structure (non-eligible support structure) that is not the
replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures),
regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing
support structures of the same type in the right-of-way near that
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location, including size, height, color, materials and style, with the
exception of any existing structural designs that are scheduled to
be removed and not replaced.
(ii) Such new support structures shall not adversely impact public view
corridors and shall be located to the extent feasible in an area
where there is existing natural or other feature that obscures the
view of the new support structure. The applicant shall further
employ concealment techniques to blend the new support structure
with said features including but not limited to the addition of
vegetation if feasible.
(iii) A justification analysis shall be submitted for all new support
structures that are not replacements to demonstrate why an eligible
support facility cannot be utilized and demonstrating the new
structure is the least intrusive means possible, including a
demonstration that the new structure is designed to be the minimum
functional height and width required to support the proposed
wireless telecommunications facility.
i. All cables, including, but not limited to, electrical and utility cables, shall be
run within the interior of the support structure and shall be camouflaged or
hidden to the fullest extent feasible. For all support structures wherein
interior installation is infeasible, conduit and cables attached to the exterior
shall be mounted flush thereto and painted to match the structure.
6. Space. Each facility shall be designed to occupy the least amount of space in the
right-of-way that is technically feasible.
7. Wind Loads. Each facility shall be properly engineered to withstand wind loads as
required by this code or any duly adopted or incorporated code. An evaluation of
high wind load capacity shall include the impact of modification of an existing
facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause
any physical or visual obstruction to pedestrian or vehicular traffic, incommode the
public’s use of the right-of-way, or cause safety hazards to pedestrians and
motorists.
9. Public Facilities. A facility shall not be located within any portion of the public right-
of-way interfering with access to a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure, or any other public health or safety
facility.
10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences,
landscaping or other screening methods shall be installed at least 18 inches from
the curb and gutter flow line.
11. Accessory Equipment. All accessory equipment proposed installed shall be the
least intrusive equipment possible. All pole mounted equipment shall not extend
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past the diameter of the pole except to the extent technologically required. In the
alternative, the accessory equipment may be located underground.
12. Landscaping. Where appropriate, each facility shall be installed so as to maintain
and enhance existing landscaping on the site, including trees, foliage and shrubs.
13. Modification. Consistent with current state and federal laws and if permissible
under the same, at the time of modification of a wireless telecommunications
facility, existing equipment shall, to the extent feasible, be replaced with equipment
that reduces visual, noise and other impacts, including, but not limited to,
undergrounding the equipment and/or replacing larger, more visually intrusive
facilities with smaller, less visually intrusive facilities.
14. The installation and construction approved by a wireless telecommunications
facility permit shall begin within one year after its approval or it will expire without
further action by the City.
12.54.080. LOCATION RESTRICTIONS; EXCEPTIONS FOR NON-COMPLIANT
WIRELESS TELECOMMUNICATIONS FACILITIES.
A. Pre-approved 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, or
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 pre-approved in accordance
with subsection A.1. of this Section must obtain administrative approval from the
Public Works Director in accordance with administrative collocation requirements
of Section 17.54.090 of this Title, and any additional or different requirements
made applicable by this Section.
3. All leases. licenses or agreements related to use of public property sites, which
are pre-approved in accordance with subsection D.1. of this Section, shall be
nonexclusive. The owner or operator of a facility located on such public property
shall make the supporting structure of the facility available to any other applicant
wishing to collocate to the extent technically feasible.
4. Requirement for Separate Agreement. Any lease, license agreement for the use
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 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.
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B. Locations Requiring an Exception. WTFPs are strongly disfavored in certain areas and on
certain support structures. Therefore, the following locations are permitted only when an
exception has been granted pursuant to Subsection B hereof:
1. Public right-of-way within those zones as identified in the general plan as historic
districts, or within 100 feet of designated historic buildings;
2. Areas of the City established as “Underground Districts.“
C. Required Findings for an Exception. For any WTFP requiring an “exception” under this
chapter, no such exception shall be granted unless the applicant demonstrates with clear
and convincing evidence all the following:
1. The proposed wireless facility qualifies as a "personal wireless services facility" as
defined in United States Code, Title 47, Section 332(c)(7)(C)(ii); and
2. The applicant has demonstrated that strict compliance with any provision in this
chapter for a WTFP would effectively prohibit the provision of personal wireless
services; and
3. The applicant has provided the City with a meaningful comparative analysis that
includes the factual reasons why any alternative location(s) or design(s) suggested
by the City or otherwise identified in the administrative record, including but not
limited to potential alternatives identified at any public meeting or hearing, are not
technically feasible or reasonably available; and
4. The applicant has provided the City with a meaningful comparative analysis that
includes the factual reasons why the proposed location and design deviates is the
least noncompliant location and design necessary to reasonably achieve the
applicant's reasonable objectives.
D. Scope. The planning commission or Director of Public Works , as applicable, shall limit an
exemption for a WTFP to the extent to which the applicant demonstrates such exemption
is necessary to reasonably achieve compliance with state and federal law and/or service
needs of the community. The planning commission or Director of Public Works , as
applicable, may adopt conditions of approval as reasonably necessary to promote the
purposes in this chapter and protect the public health, safety and welfare.
12.54.090. OPERATION AND MAINTENANCE STANDARDS.
All wireless telecommunications facilities must comply at all times with the following operation and
maintenance standards:
A. The permittee shall at all times maintain compliance with all applicable federal, state and
local laws, regulations and other rules, including, without limitation, those applying to use
of the PROW. The permittee shall ensure that all equipment and other improvements to
be constructed and/or installed in connection with the approved WTFP are maintained in
a manner that is not detrimental or injurious to the public health, safety, and general
welfare and that the aesthetic appearance is continuously preserved, and substantially the
same as shown in the approved plans.
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B. Unless otherwise provided herein, all necessary repairs and restoration shall be
completed by the permittee, owner, operator or any designated maintenance agent at its
sole cost within 48 hours:
1. After discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
2. After permittee, owner, operator or any designated maintenance agent receives
notification from the City.
C. Insurance. The permittee shall obtain and maintain throughout the term of the permit a
type and amount of insurance as specified by City’s risk management. The relevant
policy(ies) shall name the City, its elected/appointed officials, commission members,
officers, representatives, agents, and employees as additional insured. The permittee
shall use its best efforts to provide thirty (30) days prior notice to the Director of Public
Works of to the cancellation or material modification of any applicable insurance policy.
D. Indemnities. The permittee and, if applicable, the owner of the property upon which the
wireless facility is installed shall defend, indemnify and hold harmless the City, its agents,
officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses,
costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus,
and other actions or proceedings brought against the City or its agents, officers, officials,
or employees to challenge, attack, seek to modify, set aside, void or annul the City’s
approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and any and all claims, demands, law suits, or causes of action and other
actions or proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the permittee
or, if applicable, the private property owner or any of each one’s agents, employees,
licensees, contractors, subcontractors, or independent contractors. In the event the City
becomes aware of any such actions or claims the City shall promptly notify the permittee
and, if applicable, the private property owner and shall reasonably cooperate in the
defense. The City shall have the right to approve, which approval shall not be
unreasonably withheld, the legal counsel providing the City’s defense, and the property
owner and/or Permittee (as applicable) shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course
E. Performance Bond. Prior to issuance of a wireless encroachment permit, the permittee
shall file with the City, and shall maintain in good standing throughout the term of the
approval, a performance bond or other surety or another form of security for the removal
of the facility in the event that the use is abandoned or the permit expires, or is revoked,
or is otherwise terminated. The security shall be in the amount equal to 100% of the cost
of removal of the facility as specified in the application for the WTFP or as that amount
may be modified by the Director of Public Works in in the permit based on the
characteristics of the installation. The permittee shall reimburse the City for staff time
associated with the processing and tracking of the bond, based on the hourly rate adopted
by the City council. Reimbursement shall be paid when the security is posted and during
each administrative review.
F. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts
to avoid undue adverse impacts to adjacent properties and/or uses that may arise from
the construction, operation, maintenance, modification, and removal of the facility. All
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facilities, including each piece of equipment, shall be located and placed in a manner so
as to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian
traffic, impair the primary use and purpose of poles/signs/traffic signals or other
infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise
obstruct the accessibility of the PROW.
G. Contact Information. Each permittee of a wireless telecommunications facility shall provide
the Director of Public Works with the name, address and 24-hour local or toll free contact
phone number of the permittee, the owner, the operator and the agent responsible for the
maintenance of the facility (“contact information”). Contact information shall be updated
within seven days of any change.
H. All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and
the facility site shall be maintained in good condition, including ensuring the facilities are
reasonably free of:
1. Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to
City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic
signals, improvements of any kind or nature, or utility lines and systems,
underground utility line and systems (water, sewer, storm drains, gas, oil, electrical,
etc.) that result from any activities performed in connection with the installation
and/or maintenance of a wireless facility in the PROW.
2. General dirt and grease;
3. Chipped, faded, peeling, and cracked paint;
4. Rust and corrosion;
5. Cracks, dents, and discoloration;
6. Missing, discolored or damaged artificial foliage or other camouflage;
7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must
be removed at the sole expense of the permittee within forty-eight (48) hours after
notification from the City.
8. Broken and misshapen structural parts; and
9. Any damage from any cause.
I. All trees, foliage or other landscaping elements approved as part of the facility shall be
maintained in neat, safe and good condition at all times, and the permittee, owner and
operator of the facility shall be responsible for replacing any damaged, dead or decayed
landscaping. No amendment to any approved landscaping plan may be made until it is
submitted to and approved by the Director of Public Works .
J. Each facility shall be operated and maintained to comply at all conditions of approval. The
permittee, when directed by the City, must perform an inspection of the facility and submit
a report to the Director of Public Works on the condition of the facility to include any
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identified concerns and corrective action taken. Additionally, as the City performs
maintenance on City-owned infrastructure, additional maintenance concerns may be
identified. These will be reported to the permittee. The City shall give the permittee thirty
(30) days to correct the identified maintenance concerns after which the City reserves the
right to take any action it deems necessary, which could include revocation of the permit.
The burden is on the Permittee to demonstrate that it complies with the requirements
herein. Prior to issuance of a permit under this Chapter, the owner of the facility shall sign
an affidavit attesting to understanding the City’s requirement for performance of annual
inspections and reporting.
K. All facilities permitted pursuant to this chapter shall comply with the American with
Disabilities Act.
L. The permittee is responsible for obtaining power to the facility and for the cost of electrical
usage.
M. Failure to comply with the City’s adopted noise standard after written notice and
reasonable opportunity to cure have been given shall be grounds for the City to revoke
the permit.
N. Interference.
1. The permittee shall not move, alter, temporarily relocate, change, or interfere with
any existing structure, improvement, or property without the prior consent of the
owner of that structure, improvement, or property. No structure, improvement, or
property owned by the City shall be moved to accommodate a permitted activity or
encroachment, unless the City determines that such movement will not adversely
affect the City or any surrounding businesses or residents, and the permittee pays
all costs and expenses related to the relocation of the City's structure,
improvement, or property.
2. Prior to commencement of any work pursuant to a WTFP, the permittee shall
provide the City with documentation establishing to the City's satisfaction that the
permittee has the legal right to use or interfere with any other structure,
improvement, or property within the PROW or City utility easement to be affected
by permittee's facilities.
3. The facility shall not damage or interfere in any way with City property, the City’s
operations or the operations of prior-existing, third party installations. The City will
reasonably cooperate with the permittee and/or carrier to carry out such activities
as are necessary to correct the interference.
a. Signal Interference. The permittee shall correct any such interference
within 24 hours of written notification of the interference. Upon the
expiration of the 24-hour cure period and until the cause of the interference
is eliminated, the permittee shall cease operation of any facility causing
such interference until such interference is cured.
b. Physical Interference. The City shall give the permittee forty-eight (48)
hours to correct the interference after which the City reserves the right to
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take any action it deems necessary, which could include revocation of the
permit.
4. The City at all times reserves the right to take any action it deems necessary, in its
sole discretion, to repair, maintain, alter, or improve the sites. Such actions may
temporarily interfere with the operation of the facility. The City will in all cases, other
than emergencies, give the applicant 30 days written notification of such planned,
non-emergency actions.
O. RF Exposure Compliance. All facilities must comply with all standards and regulations of
the FCC and any other state or federal government agency with the authority to regulate
RF exposure standards.
P. Records. The permittee must maintain complete and accurate copies of all permits and
other regulatory approvals issued in connection with the facility, which includes without
limitation this approval, the approved plans and photo simulations incorporated into this
approval, all conditions associated with this approval and any ministerial permits or
approvals issued in connection with this approval. In the event that the permittee does not
maintain such records as required in this condition or fails to produce true and complete
copies of such records within a reasonable time after a written request from the City, any
ambiguities or uncertainties that would be resolved through an inspection of the missing
records will be construed against the permittee.
12.54.100. NO DANGEROUS CONDITION OR OBSTRUCTIONS ALLOWED.
No person shall install, use or maintain any wireless telecommunications facility that in whole or
in part rests upon, in or over any public right-of-way, when such installation, use or maintenance
endangers or is reasonably likely to endanger the safety of persons or property, or when such site
or location is used for public utility purposes, public transportation purposes or other governmental
use, or when such facility unreasonably interferes with or unreasonably impedes the flow of
pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
12.54.110. PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS.
A. Permit Term. Unless Government Code Section 65964, as may be amended, authorizes
the City to issue a permit with a shorter term, a permit for any wireless telecommunications
facility shall be valid for a period of ten (10) years, unless pursuant to another provision of
this code it lapses sooner or is revoked. At the end of ten (10) years from the date of
issuance, such permit shall automatically expire.
B. A permittee may apply for a new permit within 180 days prior to expiration. Said application
and proposal shall comply with the City’s current code requirements for wireless
telecommunications facilities.
C. Timing of Installation. The installation and construction authorized by a WTFP shall begin
within one (1) year after its approval, or it will expire without further action by the City. The
installation and construction authorized by a WTFP shall conclude, including any
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necessary post-installation repairs and/or restoration to the PROW, within thirty (30) days
following the day construction commenced.
12.54.120. CESSATION OF USE OR ABANDONMENT.
A. A wireless telecommunications facility is considered abandoned and shall be promptly
removed as provided herein if it ceases to provide wireless telecommunications services
for ninety (90) or more consecutive days unless the permittee has obtained prior written
approval from the director which shall not be unreasonably denied. If there are two or more
users of a single facility, then this provision shall not become effective until all users cease
using the facility.
B. The operator of a facility shall notify the Director of Public Works in writing of its intent to
abandon or cease use of a permitted site or a nonconforming site (including unpermitted
sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of Public
Works of any discontinuation of operations of 30 days or more.
C. Failure to inform the Director of Public Works of cessation or discontinuation of operations
of any existing facility as required by this Section shall constitute a violation of any
approvals and be grounds for:
1. Litigation;
2. Revocation or modification of the permit;
3. Acting on any bond or other assurance required by this article or conditions of
approval of the permit;
4. Removal of the facilities by the City in accordance with the procedures established
under this code for abatement of a public nuisance at the owner’s expense; and/or
5. Any other remedies permitted under this code or by law.
12.54.130. REMOVAL AND RESTORATION—PERMIT EXPIRATION, REVOCATION OR
ABANDONMENT.
A. Upon the expiration date of the permit, including any extensions, earlier termination or
revocation of the WTFP or abandonment of the facility, the permittee, owner or operator
shall remove in ninety (90) days its wireless telecommunications facility and restore the
site to the condition it was in prior to the granting of the WTFP, except for retaining the
landscaping improvements and any other improvements at the discretion of the City.
Removal shall be in accordance with proper health and safety requirements and all
ordinances, rules, and regulations of the City. Expired, terminated or revoked wireless
telecommunications facility equipment shall be removed from the site at no cost or
expense to the City.
B. Failure of the permittee, owner or operator to promptly remove its facility and restore the
property within ninety (90) days after expiration, earlier termination or revocation of the
WTFP, or abandonment of the facility, shall be a violation of this code. Upon a showing of
good cause, an extension may be granted by the Director of Public Works where
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circumstances are beyond the control of the permittee after expiration. Further failure to
abide by the timeline provided in this Section shall be grounds for:
1. Prosecution;
2. Acting on any security instrument required by this chapter or conditions of approval
of permit;
3. Removal of the facilities by the City in accordance with the procedures established
under this code for abatement of a public nuisance at the owner’s expense; and/or
4. Any other remedies permitted under this code or by law.
C. Summary Removal. In the event any City director determines that the condition or
placement of a wireless telecommunications facility located in the public right- of-way
constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent
threat to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, “exigent circumstances”), such director or City engineer may
cause the facility to be removed summarily and immediately without advance notice or a
hearing. Written notice of the removal shall include the basis for the removal and shall be
served upon the permittee and person who owns the facility within five (5) business days
of removal and all property removed shall be preserved for the owner’s pick-up as feasible.
If the owner cannot be identified following reasonable effort or if the owner fails to pick-up
the property within sixty (60) days, the facility shall be treated as abandoned property.
D. Removal of Facilities by City. In the event the City removes a wireless telecommunications
facility in accordance with nuisance abatement procedures or summary removal, any such
removal shall be without any liability to the City for any damage to such facility that may
result from reasonable efforts of removal. In addition to the procedures for recovering costs
of nuisance abatement, the City may collect such costs from the performance bond posted
and to the extent such costs exceed the amount of the performance bond, collect those
excess costs in accordance with this code. Unless otherwise provided herein, the City has
no obligation to store such facility. Neither the permittee, owner nor operator shall have
any claim if the City destroys any such facility not timely removed by the permittee, owner
or operator after notice, or removal by the City due to exigent circumstances.
12.54.140. EFFECT ON OTHER ORDINANCES.
Compliance with the provisions of this chapter shall not relieve a person from complying with any
other applicable provision of this code. In the event of a conflict between any provision of this
chapter and other sections of this code, this chapter shall control.
12.54.150. STATE OR FEDERAL LAW.
The implementation of this chapter and decisions on applications for placement of wireless
telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of
this chapter are satisfied, unless it is determined that the applicant has established that denial of
an application would, within the meaning of federal law, prohibit or effectively prohibit the provision
of personal wireless services, or otherwise violate applicable laws or regulations. If that
determination is made, the requirements of this Chapter may be waived, but only to the minimum
extent required to avoid the prohibition or violation.
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12.54.160. LEGAL NONCONFORMING WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE RIGHT-OF-WAY.
A. Legal nonconforming wireless telecommunications facilities are those facilities that existed
but did not conform to this chapter on the date this chapter became effective.
B. Legal nonconforming wireless telecommunications facilities shall, within ten (10) years
from the date this chapter became effective, be brought into conformity with all
requirements of this article; provided, however, that should the owner desire to expand or
modify the facility, intensify the use, or make some other change in a conditional use, the
owner shall comply with all applicable provisions of this code at such time, to the extent
the City can require such compliance under federal and state law.
C. An aggrieved person may file an appeal to the City council of any decision of the Director
of Public Works or other deciding body made pursuant to this Section. In the event of an
appeal alleging that the ten-year amortization period is not reasonable as applied to a
particular property, the City council may consider the amount of investment or original cost,
present actual or depreciated value, dates of construction, amortization for tax purposes,
salvage value, remaining useful life, the length and remaining term of the lease under
which it is maintained (if any), and the harm to the public if the structure remains standing
beyond the prescribed amortization period, and set an amortization period accordingly for
the specific property.