CC - Item 3C - Ordinance No. 944 Second Reading: Municipal Code Amendment 14-01 Amending the Zoning Code to Comply With Newly Established Federal Communication Commission ("FCC") Regulations for the Development of Wireless Telecommunications Facilities iROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JANUARY 13, 2015 ^
SUBJECT: ORDINANCE NO. 944 — SECOND READING: MUNICIPAL CODE
AMENDMENT 14 -01 — AMENDING THE ZONING CODE TO COMPLY
WITH NEWLY ESTABLISHED FEDERAL COMMUNICATION
COMMISSION ( "FCC ") REGULATIONS FOR THE DEVELOPMENT OF
WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY OF
ROSEMEAD
SUMMARY
On December 9, 2014, the City Council introduced Ordinance No. 944, amending
chapter 17.54 of the municipal code for the purpose of compliance with federally
mandated changes to procedures and standards governing the collocation of wireless
telecommunication facilities. Ordinance No. 944 is now before Council at the required
second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 944 at its second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by
Ii�.t,Ot -A
GLORIA MOLLEDA
CITY CLERK
Attachment A —Ordinance No. 944
ITEM NUMBER'.
ORDINANCE NO. 944
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING TITLE 17
"ZONING" OF THE CITY'S MUNICIPAL CODE BY
AMENDING CHAPTER 17.54 FOR THE PURPOSE OF
COMPLIANCE WITH FEDERALLY MANDATED
CHANGES TO PROCEDURES AND STANDARDS
GOVERNING THE COLLOCATION OF WIRELESS
TELECOMMUNICATION FACILITIES
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, Municipal Code Amendment 14 -01 adopts newly established Federal
Communication Commission ( "FCC ") regulations for the collocation of Wireless
Telecommunication Facilities, 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: Compliance with CEQA. The Planning Commission HEREBY
DETERMINES that the proposed amendment does not authorize any changes to the
environment and will have no impacts to properties in the City or their surrounding
environment. This Ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 2: Findings. The City Council HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Municipal Code Amendment 14 -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 adopts newly established
FCC regulations for the collocation of wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General
Plan and Zoning Code. Adopting Municipal Code Amendment 14 -01 maintains the
current consistency with the General Plan and between the General Plan 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: Municipal Code Amendment 14 -01 will promote public health, safety,
and general welfare and serve the goals and purposes of Title 17 by clarifying and
confirming with Federal and State law. The 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 adopts newly established
FCC regulations for the collocation of wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General
Plan and Zoning Code. Adopting Municipal Code Amendment 14 -01 maintains the
current consistency with all other provisions of the Zoning Code.
SECTION 3: Amendment to Title 17. An amendment of Chapter 17.54 to Title
17 of the Rosemead Municipal Code entitled "Wireless Telecommunication Facilities ",
as shown in Exhibit "A" attached hereto is here by adopted.
SECTION 4: Severability. The City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, clause, phrase, or word of this
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or
portions of the Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases,
or words may be declared invalid or unconstitutional.
SECTION 5: Effective Date. This Ordinance shall take effect thirty (30) days after
its adoption.
SECTION 6: 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 days prior to the adoption and
within 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.
PASSED, APPROVED, AND ADOPTED this 131b day of January, 2015.
Bill Alarcon, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
EXHIBIT "A"
ORDINANCE 944
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.
17.4406017.54.060 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
Applicant's evidentiary burden.
17.54.110
Appeal — 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.
17.54.240
Wireless facilities in the public right -of -way.
17.54.250
Nonconforming facilities.
17.54.260
Fees.
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 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:
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 users 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 possible, 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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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 Section 65850.6 of the 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 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.
"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 hales in coverage within a greater service area.
Where coverage holes are large or frequent in number and size, and also extend to the
interior of buildings in urban areas or to a significant number of residences in well -
populated areas, such gaps in coverage shall not be considered to be of a de minimis
level.
"Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of
Title 47 of the Code of Federal Regulations which defines "dead spots' as small areas
within a service area where service is presumed notwithstanding the fact that field
strength is lower than the minimum level for reliable service.
"Fixed Wireless Service" means any service providing radio communication to or
from antenna structures at fixed and specified locations which are not designed to be
moved during operation and which offers the ability to access or receive communication
from the public switched telephone network.
"Federal Communications Commission" or "FCC" means that certain
administrative subdivision of the federal government of the United States of America
which is generally responsible for the regulation of telecommunications in the United
States of America.
"Guyed Structure" means and refers to a variety of support structure consisting of
a single truss assembly composed of sections with bracing incorporated. The sections
of the "guyed structure" are attached to each other, and the assembly is attached to a
foundation and supported by a series of wires that are connected to anchors placed in
the ground or on a building.
"Lattice Tower" means and refers to a variety of support structure consisting of
vertical and horizontal supports with multiple legs and cross - bracing and metal crossed
strips or bars.
"Monopole" means and refers to a variety of support structure generally consisting
of a single pole or shaft designed to support one or more antennas or other wireless
transmission devices.
"Monopoles" are usually composed of two or more hollow sections that are in turn
attached to a foundation and such structures must be designed to support themselves
without the use of guy wires or other stabilization devices. The term "monopole" as
defined herein does not include lattice towers.
"Person" means a natural person or a business entity or organization, other than a
public agency, including a corporation, partnership, limited liability company,
proprietorship, joint venture, association, cooperative, estate, or trust.
"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.
"School District" means the Rosemead School District, the El Monte Union High
School District, the Garvey School District and the Montebello Unified School District.
The term "school district" does not include any other variety of school district or like
entity established or organized under the laws of the State of California, including, but
not limited to, any community college district.
"Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless
facility or wireless transmission device which is disguised to appear as another natural
or artificial object that is prevalent in the surrounding environment or which is
architecturally integrated into a building or other concealing structure or improvement.
"Stealth facilities" generally include camouflaged structures such as monopalms,
monopines or any other variety of monopole- supported wireless facilities designed to
look like a tree. "Stealth facilities' may also include wireless facilities or wireless
transmission devices, inclusive of accessory equipment that are integrated into existing
alternative siting structures such as flag poles or light standards or which are integrated
within design features of buildings such as church steeples, parapets, faux chimneys, or
other similar concealing design features.
"Support Structure" or "Support Structures" means a structure designed to
support antenna(s) or other wireless transmission devices to facilitate the transmitting
and/or receiving of radio frequency signals. Support structures include, but are not
limited to, masts, monopoles, guyed structures, lattice towers, and other like structures
used to support wireless transmission devices. The term "support structure' does not
include alternative siting structures as defined herein.
"Wireless Facility" or "Wireless Facilities" means and includes:
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 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, radio communications,
signs, signals, pictures and the like. Wireless transmission devices include antennas as
defined herein.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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
F. 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)
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 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 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. If, following the submission of a completed application
form and all required materials set forth under Section 17.54.060 (Application
Submission Requirements), 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 shall be approved by
the Community Development Director through the issuance of an administrative
collocation permit. The foregoing notwithstanding, an administrative collocation
approval shall be subordinate and subject to the conditions of approval associated
with the wireless telecommunications collocation facility to which it relates and
administrative collocation shall not defeat the existing concealment elements of the
Federal Communications Commission regulations or orders). Also, the life of an
administrative collocation approval may not exceed the life of the underlying
conditional use permit or other underlying discretionary authorization corresponding
to the wireless telecommunications collocation facility 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:
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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17 �" -w^RD 17.54.060 - Application submission requirements.
A. Applications for a conditional use 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:
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) A general summary of those specific service objectives which the
applicant seeks to attain or address through its proposal, (e.g., whether
it is to add additional network capacity; increase existing signal
strength; or provide new radio frequency coverage);
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;
3) The proposed height of any proposed support structure or the height of
any existing support structure upon which any wireless transmission
device and/or accessory equipment may be placed;
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.
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.
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, and the existence of all necessary
circumstances and conditions set forth under the same, and substantial
evidence showing that the proposed facility will not "substantially chanae
approved
2. Site Plan. Along with a completed application, each applicant shall submit a site
plan drawn to scale which depicts and identifies:
a. The precise location within a real property parcel of all proposed wireless
facilities, wireless transmission devices, support structures and/or
accessory equipment;
b. All existing structures, utilities, lighting, signage, walls, fences, trees,
landscaped areas, and other significant natural features, walkways,
driveways, parking areas, streets, alleys, easements, and setbacks situated
upon the real property parcel where the wireless facility, wireless
transmission device, support structures and /or accessory equipment will be
eauipment;
c. All existing structures, utilities, lighting, signage, walls, fences, trees,
landscaped areas, and other significant natural features, walkways,
driveways, parking areas, streets, alleys, easements, and setbacks situated
upon real property parcels immediately adjacent to the subject real property
parcel.
3. Elevations and Section Drawings. Along with a completed application form,
each applicant shall submit elevations and section drawings of the proposed
wireless facility and/or all proposed wireless transmission devices, support
structures, and accessory equipment. The applicant shall also submit
composite elevations from the street of all buildings, structures and other
improvements on -site.
4. Landscaping Plan. Along with a completed application form, each applicant
shall submit a landscape, screening and landscape irrigation plan. Such plan
shall identity 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, each applicant shall
submit a visual impact analysis including scaled elevation diagrams which:
a. Demonstrates the potential visual impacts of any proposed wireless facility,
wireless transmission device, support structure, or accessory equipment;
b. Includes before and after photo simulations from various locations and/or
angles from which the public would typically view the site and includes a
map depicting where the photos were taken; and
c. Where the installation would be readily visible from the public right -of -way
or from surrounding properties, the application shall include an explanation
as to why, if screening or other techniques to minimize the visibility are not
proposed, such approaches to reduce the visibility of the installation would
not be feasible or effective.
The Community Development Director may require a field mock -up to assess
any potential visual impact including proper coloration and blending of the
facility with the proposed site.
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. 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;
e. Demonstrates, describes and explains in detail the applicant's good faith
efforts to identify, study, evaluate and consider other less intrusive
alternatives, including the use of less intrusive technologies and equipment;
alternative system designs; alternative siting structure types; alternative
siting structure designs, including stealth designs; alternative scale or size;
and alternative siting options (e.g., alternative locations within the search
ring, collocation opportunities or placement upon alternative siting
structures);
f. Explains how specifically identified circumstances, physical conditions or
other factors render each of the other alternatives identified, studied,
evaluated and considered incapable of reducing any purported coverage
gap to a de minimis level;
g. Explains why and how the proposal for which the applicant seeks approval
is the least intrusive means in terms of feasible technology, system design,
aesthetic design, size, scale and location for reducing any purported
coverage gap to a de minimis level.
Propagation and Coverage Reports. The justification report shall be
accompanied by a radio frequency engineer's propagation and coverage report
and corresponding maps which identify, describe and depict the location and
geographic scope of any purported gap in network coverage; and the nature
and scope of the coverage gap (e.g., whether it extends to in -door, in- vehicle
and/or outdoor service and /or whether it is the result of inadequate network
capacity). Signal level indicators on maps must show specific power levels on
the map in colors easily distinguishable from the base paper or transparency
layer and must be adequately identifiable by radio frequency (RF) level in dBm
and map color or gradient in the map legend. The applicant shall submit maps
depicting existing coverage; the coverage provided by the proposal excluding
existing coverage; and existing coverage combined with the coverage provided
by the proposal. The propagation and coverage report and corresponding maps
shall be prepared by a qualified and duly licensed radio frequency engineer.
B. Narrative Description and Map of Other Facilities. Along with a completed
application form, each applicant shall submit a narrative description and map
disclosing and depicting the exact location and type of all existing wireless
facilities and wireless transmission devices, including support structures, and
accessory equipment owned and /or used by the applicant to provide coverage
within any portion of the city of Rosemead whether or not such facilities,
devices, structures or equipment are located within the city of Rosemead or
outside of the city of Rosemead.
9. FCC and CPUC Approvals. Along with a completed application form, each
applicant shall submit true and correct copies of all valid and applicable
licenses, permits or other approvals required by the FCC or the California
Public Utilities Commission ( "CPUC ") for the use, operation and maintenance,
construction and placement of the wireless facility, wireless transmission
device(s), support structure(s), and accessory equipment for which approval is
sought. If no such licenses, permits or other approvals are required of the
applicant by the FCC or the CPUC, the applicant shall explain and declare
under penalty of perjury the reason why such licenses, permits or other
approvals are not required.
10. Radio Frequency Emissions and Signal Interference Analysis. Along with a
completed application form, each applicant shall submit a written analysis
prepared by a qualified and duly licensed radio frequency engineer which:
a. Determines and states the power rating for all wireless transmission
devices and accessory equipment included in the applicant's proposal;
b. Provides a description of the specific services that the applicant proposes to
offer or provide in conjunction with the proposed wireless facility or wireless
transmission device;
c. Verifies that the proposal, including all wireless transmission devices and
accessory equipment conform to the non - ionizing electromagnetic radiation
( "NIER ") standards adopted by the FCC;
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 structure or
alternative siting structure; if placed upon a real property parcel already
containing a wireless facility, wireless transmission devices, and/or
accessory equipment; or if placed upon a real property parcel immediately
adjacent to another real property parcel containing a wireless facility,
wireless transmission device, and /or accessory equipment;
e. Describes all appropriate operating parameters and maintenance
requirements necessary to comply with all applicable FCC standards,
including radio frequency emissions standards and standards relating to
signal interference with consumer electronic products and/or public safety
communications;
f. Confirms that all proposed wireless transmission devices and accessory
equipment shall be operated in a manner that complies with FCC
regulations regarding radio frequency emissions and standards relating to
signal interference with consumer electronic products and/or public safety
communications;
g. In addition its technical narrative and discussion of the issues to be
addressed, the analysis shall also include a 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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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 use permit approval is sought. If the applicant proposes and the
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 use permit
for a wireless facility or wireless transmission devices, and any accessory
equipment except as otherwise specifically provided in this chapter.
C. Findings Necessary for Approval. No conditional use permit shall be approved
unless the Planning Commission, or the City Council in the course of an appeal,
makes all of the following findings supported by substantial evidence:
1. The applicant has submitted all applicable information, documentation and
materials required under Section 17.54.060;
2. The Wireless Facility, wireless transmission devices, and any accessory
equipment to be approved satisfies all applicable Federal and State
requirements and standards as to the placement, construction, and design, as
well as all Federal and State limits and standards concerning radio frequency
emissions, signal interference with consumer electronic products and /or public
safety communications, and other applicable operating and design standards;
3. The proposal to be approved complies with all mandatory requirements and
restrictions of this chapter; all applicable building and construction requirements
of Title 15 (Buildings and Construction) of the Rosemead Municipal Code and
applicable fire safety and fire prevention requirements set forth under the
Rosemead Municipal Code, County of Los Angeles Fire Code, and all
applicable state fire safety and prevention laws;
4. The applicant has made a good faith effort to identity, 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 altemative siting
structures);
5. In comparison to other identified, studied, and evaluated alternatives that are
equally if not more capable of addressing the applicant's service objectives, the
proposal to be approved is the most consistent with the standards, goals, and
objectives of this chapter and the Rosemead General Plan;
With respect to proposals for personal wireless facilities as defined herein which are
intended to address gaps in network coverage, an identified alternative shall be
considered equally capable of addressing the applicant's service objectives in
comparison to the applicant's requested proposal, if such an alternative is capable
of reducing the purported gap in network coverage to a de minimis level.
D. Findings Necessary for Denial of Personal Wireless Service Facilities.
Notwithstanding any other findings made in support of the denial of a conditional
use permit under this chapter, neither the Planning Commission nor the City Council
in the course of an appeal, may deny a conditional use permit unless one or more of
the following additional findings is made in writing:
I . 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
3. Notwithstanding the existence of a significant gap in personal wireless service
coverage within the applicant's coverage network, substantial evidence
presented upon the record fails to establish that of all reasonably feasible
alternatives capable of reducing the coverage gap to a de minimis level, the
proposal for which a conditional use permit is sought is the least intrusive upon
the goals and standards of this chapter and the Rosemead General Plan; or
4. Substantial evidence presented as part of the record fails to establish that any
proposed wireless facility, wireless transmission device or accessory equipment
is capable of satisfying basic FCC requirements, limits or restrictions
concerning radio frequency emissions or signal interference with consumer
electronic products and/or public safety communications even with
modifications and/or added conditions acceptable to the applicant; or
5. Substantial evidence presented as part of the record fails to establish that any
proposed wireless facility, wireless transmission device, support structure or
accessory equipment is capable of satisfying applicable building, construction,
fire safety or fire prevention standards set forth under Title 15 (Building and
Construction) of the Rosemead Municipal Cade, the county of Los Angeles or
the state of California even with modifications and /or added conditions
acceptable to the applicant.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.080 - Prohibited grounds for denial.
Notwithstanding any other provisions of this Section, the denial of a conditional use
permit may not be based on the environmental effects of radio frequency emissions for
personal wireless facilities that comply with FCC radio frequency emissions standards,
or other effects arising in whole or in part from those environmental effects.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.100 - Applicant's evidentiary burden.
Each applicant is responsible for presenting substantial evidence upon the record
that adequately supports the findings and determinations necessary for the approval of
a conditional use permit or that confirms the conditions necessary to authorize the
issuance of an administrative 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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.110 - Appeal— Conditional Use Permits.
If an applicant, or any interested party, is dissatisfied with any denial, approval or
conditioned approval of a conditional use permit under this chapter, the applicant or
interested party may appeal the matter to the City Council by filing an appeal in
accordance with the procedures established in 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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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
Council in evaluating an applicant's proposal against other identified
alternatives capable of addressing applicant's service objectives shall undertake
such evaluations subject to the following order of preference starting with the
most preferred:
a. Proposals in which a wireless transmission device and related accessory
equipment are 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 equipment is affixed or mounted upon an existing utility pole,
lighting pole, light standard or other similar alternative siting structure.
e. Proposals contemplating the construction of a new monopole structure, with
preference given to proposals which qualify as stealth facilities.
f. Proposals involving the construction of new lattice towers or guyed
structures. Where this option is proposed, the applicant shall identify, study,
evaluate and pursue designs which camouflage such structures in a
manner that promotes aesthetic consistency and harmony with surrounding
structures.
g. Proposal in which a wireless transmission device and related accessory
equipment are mounted on the facade of a building, water tower, or other
like structure in a manner that does not camouflage, integrate and conceal
such devices and equipment within the decorative design features of the
building or structure.
2. Wireless facilities, wireless transmission devices, support structures and
accessory equipment are permitted in the following locations:
a. Real property exclusively owned by the city of Rosemead, a School District
as defined herein in fee simple, or by a public utility; or
b. Property in the M -1 and O -S zones.
c. Notwithstanding the foregoing or Section 17.54.250, any wireless facilities,
wireless transmission devices, support structures or accessory equipment
existing as of the effective date of this Code [Ord. No. 892] 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.
4. The location of wireless facilities, wireless transmission devices, support
structures and /or accessory equipment shall be restricted to developed real
property parcels or proposed as part of a larger development project.
5. The Planning Commission, or the City Council in the course of an appeal, may
authorize the location of personal wireless facilities as defined herein at
locations otherwise prohibited under Subsections A.1. through A.4. of this
Section, above, but only upon a finding supported by substantial evidence
presented as part of the record which establishes that:
a. The applicant has a significant gap in its network coverage; and
b. The placement of wireless facilities, wireless transmission devices, and
related support structures and accessory equipment at a location otherwise
prohibited under subsections A.1. through A.4. of this Section, above, is the
only means by which the significant gap in network coverage can be
reduced to a de minimis level.
Wireless facilities, wireless transmission devices, and related support
structures and accessory equipment which satisfy the exception to the
general siting prohibitions set forth under subsections A.1. through A.4. of
this section, above, must still satisfy all other applicable conditions and
findings necessary for conditional use permit approval.
6. As between possible or competing location proposals, the Community
Development Director and the Planning Commission shall encourage proposals
that contemplate 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 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 use 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.
D. Screening. The following screening requirements shall apply to all wireless facilities,
wireless transmission devices and related support structures, and accessory
equipment:
1. The proposed wireless facility, wireless transmission device, and related
support structures, and accessory equipment shall be screened or camouflaged
by existing or proposed new topography, vegetation, buildings, or other
structures; provided that any such screening or camouflaging measures shall
be aesthetically appropriate for and compatible with the existing site and the
surrounding area. Wireless facilities, wireless transmission devices, and related
support structures, and accessory equipment that are not screened or
architecturally integrated on an existing building or structure shall be prohibited.
2. All screening used in connection with wireless facilities, wireless transmission
devices and related support structures, and accessory equipment which are
building- mounted shall be aesthetically compatible with the architecture,
architectural theme, color, texture, and materials of the building or other
structure to which it is mounted.
3. All fencing shall be designed to resist graffiti vandalism and to facilitate the fast
and effective removal of graffiti.
4. The use or incorporation of chain -link fencing, razor -wire, or sharp points in the
screening design of a wireless facility or related support structures is prohibited.
5. The Planning Commission, or the City Council in the course of an appeal, may
waive screening requirements where it determines that such measures are not
necessary or aesthetically appropriate given the nature of the proposal.
E. Accessory Equipment:
1. Any and all accessory equipment shall be located within a building, an
enclosure, or underground vault in a manner that complies with the
development standards of the zoning district in which the equipment is located.
2. If located above ground, accessory equipment shall be screened, camouflaged
and /or concealed in a manner that is aesthetically and visually compatible with
the architecture and design of surrounding buildings, structures and
landscaping and in a manner that hides such equipment from public view or
otherwise camouflages and conceals 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
facilities shall be designed to minimize glare and light overflow onto neighboring
properties.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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.
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.
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 and
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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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. 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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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 use 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 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 use permit or administrative collocation approval.
G. To verify ongoing compliance with FCC operating and emissions standards, the
recipient(s) /holders(s) of a conditional use 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
use 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 use 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 revoke the conditional use
permit or administrative collocation approval for the noncompliant facility, device or
equipment.
H. Any violation of this section is hereby deemed a public nuisance and shall constitute
grounds for revocation of any permits and/or approvals granted under this chapter.
Such violations shall also constitute grounds for abatement and removal of
noncompliant facilities, devices and /or equipment by the City at the property
owner's expense.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.170 - Performance bond.
As a condition of approval for any conditional use 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 use permit or administrative
collocation authorization.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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, ward, figure, painting or other defacement that is written,
marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise
affixed to or on any surface by any means.
C. Landscaping. Any conditional use permit approval or administrative 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 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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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 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.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
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
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 use permit or other
approval issued under this chapter.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.230 - Revocation.
A. At any time, the Planning Commission or City Council may initiate proceedings to
revoke a conditional use permit or other approval issued pursuant to this chapter.
Upon making a determination that the permit should be revoked, the deciding body
may, at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44
of the Rosemead Municipal Code. Grounds for revocation include the finding that:
1. The wireless service provider or property owner has abandoned or otherwise
ceased its use of the wireless facility or an individual wireless transmission
device; or
2. The wireless service provider or property owner has failed to bring the wireless
facility, an individual wireless transmission device, support structure or
accessory equipment into compliance with the conditions of approval, or the
requirements of this chapter, within any time period provided for in this chapter
or within any other extended time period set forth by the Community
Development Director or the Chief Building Official; or
3. The wireless facility, wireless transmission device, or accessory equipment no
longer complies with applicable health and safety regulations promulgated by
the FCC or the Federal Aviation Administration and the recipient(s)/holder(s) of
a conditional use permit or administrative collocation approval have failed to
timely bring such facilities, devices and equipment into compliance.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.240 - Wireless facilities in the public right -of -way.
A. Section 7901 of the California Public Utilities Code confers upon telephone
corporations as defined herein the right to construct telephone lines and equipment
"along and upon any public road or highway" in such manner and at such points as
"not to incommode the public use of the road or highway." Public Utilities Code
Section 7901.1 authorizes a municipality to "exercise reasonable control' over the
time, place, and manner in which roads and highways are accessed. In 2006, the
State Legislature adopted the Digital Infrastructure and Video Competition Act of
2006 (the "Act "), which established a state franchising system for video service
providers that is administered by the Public Utilities Commission. The Act added
Section 5885 to the Public Utilities Code, which requires local entities, including
cities, to allow a state video franchise holder to install, construct, and maintain a
"network" within public rights -of -way under the same time, place, and manner
provisions that apply to telephone corporations under applicable state and federal
law, including the provisions of Public Utilities Code Section 7901.1.
B. The City Council finds and determines that it is necessary, desirable, and in the
public interest to impose the City's time, place and manner requirements, as
authorized by Public Utilities Code Section 7901.1, upon telephone corporations
and upon state video franchise holders through the encroachment permit process
and procedures that are specified in Title 12 of the Rosemead Municipal Code.
Enforcement of the City's time, place, and manner requirements specified in Title 12
is the responsibility of the Superintendent of Streets or designee.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.250 - Nonconforming facilities.
A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device,
support structure, alternative siting structure and accessory equipment placed,
affixed, mounted, constructed, developed, erected or installed prior to the effective
date of the ordinance codified in this chapter or for which an application for a use
permit is deemed complete prior to the effective date of the ordinance codified in
this chapter, in compliance with all applicable laws and which does not conform to
the requirements of this chapter shall be accepted and allowed as a legal
nonconforming use. Such legal nonconforming uses shall comply at all times with
the laws, ordinances and regulations in effect at the time the application was
deemed complete, and any applicable Federal or State laws as they may be
amended or enacted from time to time, and shall at all times comply with the
conditions of approval.
B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless
transmission device, support structure, alternative siting structure and accessory
equipment placed, affixed, mounted, constructed, developed, erected or installed
prior to the effective date of the ordinance codified in this chapter in violation of
applicable laws, ordinances or regulations shall be considered an illegal
nonconforming use and shall be subject to abatement as a public nuisance.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)
17.54.260 - Fees.
By resolution, the City Council may establish, and from time to time adjust, fees to
recover the reasonable estimated cost of processing and reviewing applications for the
approval of conditional use permits issued pursuant to this chapter. The fee for
processing and reviewing applications for administrative collocation permits shall be the
same as for site plan review as established by the City Council.
(Ord. No. 931, § 5(Exh. A), 10- 22 -13)