§ 17.54

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 or the County.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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 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 facility to which it relates or otherwise violate or be inconsistent with the conditions associated with the prior approval of the facility to which it relates (unless the inconsistency does not exceed the "substantial change" thresholds identified in Federal Communications Commission regulations or orders). Also, the life of an administrative collocation 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 therefore, 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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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/coapplicants on any application form:

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;

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.

i.

Administrative Collocation. If the applicant contends a proposed collocation qualifies as an administrative collocation as defined herein, the applicant shall also include a detailed explanation supported by substantial evidence which demonstrates compliance with all requirements set forth under Section 65850.6 of the California Government Code, the existence of all necessary circumstances and conditions set forth under the same, and substantial evidence showing that the proposed facility will not "substantially change the physical dimensions" of the existing facility as that term has been defined and explained by Federal Communications Commission regulations and orders. To qualify as an administrative collocation, this additional information must be included at the time an application is submitted and approved.

2.

Site Plan. Along with a completed application, each applicant shall submit a site plan drawn to scale which depicts and identifies:

a.

The precise location within a real property parcel of all proposed wireless facilities, wireless transmission devices, support structures and/or accessory equipment;

b.

All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks

situated upon the real property parcel where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located, including, for proposed administrative collocations, a depiction of the existing wireless facility for which collocation is proposed in both "before" and "after" conditions based upon all proposed collocation equipment; and

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 identify and describe existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants); identify and describe vegetation to be removed; and depict and describe in terms of type, size and location proposed plantings of new landscape vegetation. Such plan shall demonstrate how the landscaping and landscape vegetation shall be designed and configured to screen wireless facilities, wireless transmission devices, support structures, and accessory equipment from public view or better camouflage stealth-designed facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the preservation of existing, un-removed vegetation during construction and installation phases. The landscape plan shall also demonstrate the availability of any required irrigation facilities on-site. The requirement for a landscape, screening and landscape irrigation plan shall not be required for roof-mounted wireless transmission devices and accessory equipment, except that the applicant shall still be required to submit a plan demonstrating and depicting any screening of such equipment pursuant to this chapter.

5.

Visual Analysis. Along with a completed application form, 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, invehicle 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.

7.

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.

8.

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 whether or not such facilities, devices, structures or equipment are located within the City or outside of the City.

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. 944, § 3, 1-13-15; 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 Community Development Director determines that an administrative collocation under this Chapter is proper for the proposal, the application shall be considered under Section 17.54.090 and not this Section.

B.

Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute the procedure for conducting public hearings on a conditional 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;

The wireless facility, wireless transmission devices, and any accessory equipment to be approved satisfies all applicable Federal and State requirements and standards as to the placement, construction, and design, as well as all Federal and State limits and standards concerning radio frequency emissions, signal interference with consumer electronic products and/or public safety communications, and other applicable operating and design standards;

3.

The proposal to be approved complies with all mandatory requirements and restrictions of this chapter; all applicable building and construction requirements of Title 15 (Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety and fire prevention requirements set forth under the Rosemead Municipal Code, County of Los Angeles Fire Code, and all applicable state fire safety and prevention laws;

4.

The applicant has made a good faith effort to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size of proposal; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);

5.

In comparison to other identified, studied, and evaluated alternatives that are equally if not more capable of addressing the applicant's service objectives, the proposal to be approved is the most consistent with the standards, goals, and objectives of this chapter and the Rosemead General Plan;

With respect to proposals for personal wireless facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant's service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level.

D.

Findings Necessary for Denial of Personal Wireless Service Facilities. Notwithstanding any other findings made in support of the denial of a conditional use permit under this chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing:

1.

The applicant has failed to present all of the information, documentation or material required under Section 17.54.060, 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 Code, the county of Los Angeles or the state of California even with modifications and/or added conditions acceptable to the applicant.

(Ord. No. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; 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 "substantial change" thresholds are met, the application

shall be processed as a Conditional Use Permit and referred to the Planning Commission for findings consistent with Section 17.54.070.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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. 944, § 3, 1-13-15; 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, 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, 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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Trash and Debris. All wireless facilities, wireless transmission devices, support structures, alternative siting structures, and accessory equipment within the City 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. If the affected surface is a painted surface, graffiti shall be removed by painting over the evidence of such vandalism with paint which has been color-matched to the surface to which it is applied. Otherwise graffiti shall be removed through the use of solvents or detergents. For purposes of this chapter the term "graffiti" refers to any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface by any means.

C.

Landscaping. Any conditional 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 in lieu of appearing on any signage.

(Ord. No. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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 is 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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; 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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

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. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)