O2525City Council Meeting: 7-26-2016
Santa Monica, California
ORDINANCE NUMBER I --S (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 7.70 TO THE SANTA MONICA MUNICIPAL
CODE RELATING TO THE REGULATION OF TELECOMMUNICATION FACILITIES
ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT OF WAY AND AMENDING
AND REPEALING CERTAIN PROVISIONS OF CHAPTER 7.06 TO THE SANTA
MONICA MUNICIPAL CODE RELATING TO TELECOMMUNICATION FACILITIES
WHEREAS, the telecommunications industry has grown significantly in recent
years and said growth is anticipated to accelerate as new technology becomes
available and consumer demand for data increases.
WHEREAS, the Federal and State Governments have passed many laws since
the Telecommunications Act of 1996 with the intent to accelerate the pace of building
new infrastructure by removing some of the difficulties created by local government.
WHEREAS, this growth will require that the City quickly adapt to the rapidly
changing technological and legal landscape; and
WHEREAS, the landscape created by the passage of recent laws requires that
the City streamline the review process for applications for wireless facilities installed in
the public right-of-way; and
WHEREAS, the . City must develop design standards that allow
telecommunications companies to install federally compliant and safe facilities that
blend seamlessly with our beach city atmosphere, adding new requirements and
amending existing requirements.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 7.70 shall be added to the
Municipal Code as follows:
This Chapter is known as and may be cited as the "Public Right of Way Wireless
Communication Facilities Ordinance" of the City of Santa Monica. The purpose of this
Ordinance is to ensure that residents, public safety operations and businesses in the
City of Santa Monica have reliable access to wireless telecommunications networks and
state of the art communications services and that installations, modifications, and
maintenance of Wireless Communications Facilities (WCF) in the Public Right -of -Way
(PROW) are completed in a manner consistent with all applicable laws, are safe, and
avoid or mitigate visual, environmental and neighborhood impacts. This Ordinance
regulates WCF installations in the PROW and on City owned property within the City
Limits.
7.70.020 Definitions: For the purposes of this Ordinance, the following definitions
apply:
(a) Abandon — When an owner of a WCF intends to permanently and completely
cease all business activity associated therewith or fails to comply with ongoing
permit or lease terms.
(b) Accessory Equipment — Any equipment serving or being used in conjunction
with a WCF. This equipment includes, but is not limited to, utility or transmission
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equipment, power supplies, generators, batteries, cables, equipment buildings,
cabinets, storage sheds, shelters, vaults, or other structures.
(c) Administrative Approval -- Approval granted by designated staff members
authorized to grant approval after Administrative Review.
(d) Administrative Review — Evaluation of an application by designated staff. The
procedures for Administrative Review are established in the Wireless Application
Policy and Guidelines approved, published, and amended as necessary by the
Director of Public Works.
(e) Antenna — A device used to transmit and/or receive radio or electromagnetic
waves for the provision of services including, but not limited to cellular, paging,
personal communications services (PCS) and microwave communications. Such
devices include, but are not limited to directional antennas; such as panel antenna,
microwave dishes, and satellite dishes; omnidirectional antennas, wireless access
points (WFi); and strand mounted wireless access points. This definition does not
apply to broadcast antennas, antennas designed for amateur radio use, or satellite
dishes designed for residential or household purposes.
(f) Base Station — A WCF, including all Accessory Equipment installed on and
around an existing structure in which the primary purpose of said structure is not to
support the WCF; for example, a utility pole or light standard.
(g) Camouflage — The means and methods by which a WCF is designed to
conceal the equipment and blend the installation with the surrounding environment.
This is accomplished by requiring the use of one or more Concealment Elements.
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The City of Santa Monica will not allow installation of monopalms or other artificial
trees or plants in the PROW.
(h) Carrier on Wheels or Cell on Wheels ("COW") — A portable self-contained
WCF that can be moved to a location and set up to provide wireless services on a
temporary or emergency basis. A COW is normally vehicle -mounted and contains a
telescoping boom as the Antenna support structure.
(i) Collocation -- The act of siting multiple WCFs on an existing structure.
Q) Concealment Elements —
(1) Radio Frequency transparent screening
(2) Approved, specific colors
(3) Minimizing the size of the Site
(4) Integrating the installation into existing utility infrastructure
(5) Installing new infrastructure that matches existing infrastructure in the area
surrounding the proposed Site. The new infrastructure is then dedicated to
the City and the installation is integrated into the new infrastructure.
(6) Controlling the installation location
(k) CPUC — The California Public Utilities Commission
(1) Director -- The City's Director of Public Works or designee.
(m) Distributed Antenna System (DAS) — A network of one or more Antenna and
fiber optic nodes connecting to a common base station or "hub."
(n) EMF — Electro -magnetic Frequency
(o) Existing Height — The height of the structure as originally approved or as of
the most recent modification that received regulatory approval prior to the passage
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of the Spectrum Act. Height shall be measured from natural grade to the top of all
appurtenances.
(p) Interference — Physically or electronically affecting the operation, views,
signals or functions of City equipment or third party equipment.
(q) Laws — Any and all applicable federal, state and local ordinances, resolutions,
regulations, administrative orders, or other legal requirements.
(r) Macrocell Site — A Macrocell provides the largest area of coverage within a
mobile network. The Antennas for macrocells can be mounted on ground-based
masts, rooftops or other existing structures. They are generally positioned at a
height that is not obstructed by terrain or buildings. They provide radio coverage
over varying distances depending on the frequency used, the number of calls made
and the physical terrain. Macrocell Base Stations typically occupy space greater
than eight cubic feet for station equipment, greater than three cubic feet per Antenna
and three or more Antennas. Macrocell have a typical power output in hundreds or
thousands of watts.
(s) Modifications — Changes to an existing WCF or structure that result in a
Substantial Change to the structure, increase the number of antennas, increase the
size of the antennas or increase the EMF output of the WCF are modifications.
Modifications are subject to discretionary review by the Director.
(t) Noticing — The process of sending, by certified mail, a City approved letter of
notification describing the work to be performed. The letter must be sent to all
business, owners and residents within a five hundred (500) foot radius of the Site.
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(u) Public right-of-way (PROW) — any public street, alley, sidewalk, or parkway
that is owned or granted by easement, operated, or controlled by the city.
(v) Routine Maintenance ® Ensuring that a WCF and structure is kept in good
operating condition. Routine Maintenance is subject to Administrative Review.
Routine Maintenance includes, but is not limited to: inspections, testing and
modifications that do not qualify as Modifications. For example, the strengthening of
a structure's foundation or replacement of Accessory Equipment within an existing
WCF is Routine Maintenance. A Use of Public Property permit, excavation permit
and traffic control plans may still be required depending on the scope and type of
work required. Replacing the existing antennas with new, larger antennas or
increasing the number of antennas does not qualify as Routine Maintenance.
(w) Site — The WCF area occupied by the structure supporting the Antenna, the
Accessory Equipment and the path of the wires and cable connecting the Antenna to
the Accessory Equipment.
(x) Small Cell Site - An umbrella term for low -powered radio access nodes,
including those that operate in licensed spectrum and unlicensed carrier -grade Wi-
Fi. Small cells occupy no more than eight cubic feet for all base station equipment,
and no more than three cubic feet per antenna with a maximum of two antennas and
typically have a range from ten meters to several hundred meters. Types of small
cells include femtocells, picocelis and microcells -- broadly increasing in size from
femtocells (the smallest) to microcells (the largest).
(y) Substantial Change — Occurs when:
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(1) The modification of the proposed WCF installation would increase the
structure's Existing Height by more than 10% or ten (10) feet, whichever is
greater
(2) The modification of the proposed WCF installation would protrude from the
edge of the structure by more than six (6) feet or would encroach on private
property unless the applicant has a Letter of Authorization from the Land
Owner where the encroachment occurs.
(3) The modification of the proposed WCF installation involves the installation of
more than the standard number of new equipment cabinets for the technology
involved, but not to exceed four cabinets, or more than one new equipment
shelter.
(4) The modification of the proposed WCF installation would entail any
excavation or deployment outside the current Site.
(5) The modification would defeat the existing Concealment Elements of the
WCF installation.
(6) The modification does not comply with conditions associated with the prior
approval of the WCF unless the non-compliance is due to an increase in
Existing Height, width, addition of cabinets, or new excavation that does not
exceed the corresponding Substantial Change thresholds.
(z) Tireless Local Area Network (Wi-Fi) — A wireless networking technology that
allows computers and other devices to communicate over a wireless signal mainly
using the 2.4 gigahertz (12 cm) UHF and 5 gigahertz (6 cm) SHF ISM radio bands. It
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describes network components that are based on one of the 802.11 standards
developed by the Institute of Electrical and Electronics Engineers.
(aa) Wireless Communications Facility (WCF) — Any facility established for the
purpose of providing wireless transmission of voice, data, images or other
information including, but not limited to, cellular telephone service, personal
communications service (PCS), and paging service. A WCF can consist of one or
more Antennas and Accessory Equipment.
7.70.030 Application required.
The applicant shall submit an application on a City approved form to the Public
Works Department. The application must be submitted per the Wireless Application
Policy and Guidelines and include all required attachments. Applications shall be
rejected if all attachments are not included at the time of submittal. The Director has the
discretion to require applications be submitted by appointment only and to set the
frequency and number of appointments that will be granted each day.
7.70.040 Application Closed.
An application will be deemed closed if, after it has been processed by the City,
the City has sent the applicant a communication requiring a response from the applicant
and more than sixty (60) days lapses without a response from the applicant. Once an
application has been closed it may not be reopened and a new application must be
made. No refunds will be provided for closed applications.
7.70.050 Fees and Rental Payments and Amounts
Application fees shall be governed by Resolution CCS 9667 as amended from
time to time, or other resolution as adopted by the City Council. All fees must be paid in
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full before any permit shall issue from the City. Review fees must be paid at the time
that the application is submitted. These fees are for permit processing and issuance
only and are in addition to any other applicable fee or any separate payments that may
be required for rent of City infrastructure. Rental amounts shall be not less than fair
market value as determined by the Director in his or her discretion. In determining
rental amounts, the Director may take into account the rental amounts charged by other
comparable jurisdictions.
7.70.060 New Installations.
Installation of any form of WCF at any location where there is not currently a
WCF and installations where there is a WCF for another carrier will require Noticing and
is subject to discretionary review by the Director.
7.70,070 Modifications.
(1) Existing wireless projects that replace existing equipment with the like kind,
number and size of the existing equipment and do not increase the EMF output
of the WCF can be approved through Administrative Review at the Public Works
counter as an over the counter permit and are considered to be Routine
Maintenance.
(2) Existing wireless projects that do result in a change to the existing Site, whether
a Substantial Change or not, add new Antennas or increase the EMF output of
the WCF shall be approved by the Director of Public Works or other designated
staff authorized by the Director. These projects are classified as Modifications
and are subject to Discretionary Approval.
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(3) The City shall require that modifications to existing facilities bring the Site into
compliance with all current Laws.
(4) The applicable contractor's licenses and insurance, as established by Laws, shall
be required before the permit will be issued.
7,70.080 Determination.
Where discretionary approval is required, the Director shall review the
application, pertinent documentation and public comments. Provided all of the following
findings of fact are made, the Director shall have published a formal letter of
determination. The Director may impose additional conditions on the permit relating to
time, place and manner. The following items are prerequisites of an approval.
(1) The proposed facility complies with all of the applicable Laws.
(2) The proposed facility will not interfere with the use of the PROW.
(3) The proposed facility's impacts have been mitigated through the use of
Camouflage and Concealment Elements.
(4) The proposed facility is in compliance with all Federal EMF emissions standards.
7.70.090 Appeals.
Any person may appeal the Director's decision to the City Council within fourteen
(14) calendar days after the determination has been served on the applicant and
published. In the event that a decision is appealed, Public Works staff will post the
appealed matter to the Council Agenda and provide the Council with copies of all
application materials and comments from the public and maybe required to brief the
Council. The time and date of the appeal hearing before City Council will be served on
the public by the applicant in the same manner as the initial Noticing. As Section
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332(c)(7) of the Telecommunications Act preempts local decisions premised directly or
indirectly on the environmental effects of radio frequency (RF) emissions, appeals to the
Director's decision premised on the environmental effects of radio frequency emissions
will not be considered.
7.70.100 Periodic Review.
Permits are issued for a period of ten years from the date issued. To extend the
permit for an additional period of ten years, the carrier shall provide proof that it
continues to have the legal authority to occupy and use the PROW for the purpose set
forth in its permit, that its Site as it exists at the time of the renewal is in full compliance
with the applicable City permits issued for the Site, and pay the fees for renewal.
Additionally, the carrier must provide an affidavit confirming that the Site is still in
compliance with the FCC regulations. Failure to submit such an affidavit or proof of legal
authority to occupy or use the PROW shall be grounds for non -renewal of the permit.
The burden is on the permittee to demonstrate that the Site complies with the
requirements herein.
7.70.110 Inspection and Reporting.
The owner of the WCF when directed by the City, must perform an inspection of
the WCF and submit a report to the Public Works Department on the condition of the
system to include any identified concerns and corrective action taken. Additionally, as
City crews perform maintenance on City infrastructure they may identify maintenance
concerns. These will be reported to the owner of the WCF. The City shall give the
applicant 30 days to correct the identified maintenance concerns after which the City
reserves the right to take any action it deems necessary, which could include revocation
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of the permit. The burden is on the permittee to demonstrate that it complies with the
requirements herein.
7.70.120 Revocation.
Any permit or other authorized use of the PROW granted under this Ordinance
may be revoked or modified for cause in accordance with the provisions of this Section.
(1) Revocation proceedings may be initiated by the Director.
(2) Public Notice, Hearing, and Action. After conducting a duly -noticed public
hearing, the applicable Review Authority shall act on the proposed revocation.
(3) Required Findings. The Review Authority may revoke or modify the permit if it
makes any of the following findings:
i. The permittee obtained the approval by means of fraud or misrepresentation
of a material fact;
ii. The permittee substantially expanded or altered the use or structure beyond
what is set forth in the permit or substantially changed the installations
character;
iii. The use in question has ceased to exist or has been suspended for 6 months
or more;
iv. Failure to comply with any condition of a permit issued;
v. Failure to comply with this Chapter;
vi. A substantive change of law affecting a utility's authority to occupy or use the
PROW or the City's ability to impose regulations relating to such occupation
or use;
vii. A facility's Interference with a City project;
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viii. A facility's Interference with vehicular or pedestrian use of the PROW;
ix. Failure to make a safe and timely restoration of the PROW;
x. When circumstances make revocation in the best interest of the City.
(4) Notice of Action. A written determination of revocation shall be mailed to the
WCF owner within 10 days of such determination.
(5) A permittee whose permit or right has been revoked may have the revocation
reviewed, upon written appeal as follows.
i. Within fourteen days of the revocation, a written appeal shall be filed with the
Director. The appeal must contain a statement of any reasons why the
permittee believes that the revocation should be reviewed. The Director shall
render a decision within twenty-one days of receipt.
ii. If the Director denies the appeal, the permittee may file a written notice of
appeal with the City Council within twenty-one days of notification of the
appeal denial. In addition to containing a statement of any significant factors
and/or hardships as well as alternatives explored, the appeal must contain a
response to the findings of the Director that resulted in the denial. The
appeal shall be conducted in accordance with the Wireless Application and
Siting Policy.
7.70.130 Interference.
(1) The WCF installation shall not damage or interfere in any way with City Property,
the City's operations or the operations of prior -existing, third party installations.
The City will reasonably cooperate with the applicant and/or carrier to carry out
such activities as are necessary to correct the Interference.
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i. Signal Interference — The applicant shall correct any such Interference within
24 hours of written notification of the Interference. Upon the expiration of the
24-hour cure period and until the cause of the Interference is eliminated, the
applicant shall cease operation of any WCF causing such Interference until
such Interference is cured.
ii. Physical Interference - The City shall give the applicant 30 days to correct
the Interference after which the City reserves the right to take any action it
deems necessary, which could include revocation of the permit.
(2) The City at all times reserves the right to take any action it deems necessary, in
its sole discretion, to repair, maintain, alter, or improve the Sites. Such actions
may temporarily interfere with the operation of the WCF. The City will in all
cases, other than emergencies, give the applicant 30 days written notification of
such planned, non -emergency actions.
7.70.140 Design Standards_ For All Sites in PROW —
(1) Engineering calculations sealed by a registered professional engineer licensed in
California shall be provided to ensure that the existing pole and footing are
adequate to support the new loads. When it is determined that the existing
infrastructure is not adequate to support the new loads, the applicant may
propose to replace the existing infrastructure with adequate, City approved, new
infrastructure at the applicant's expense.
(2) No Antenna owner or operator shall install an Antenna or any related facility on a
joint -use pole unless such installation is designed and constructed to comply with
the current edition of CPUC General Order 95.
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(3) Where the City determines that it requires expert assistance in evaluating an
application, the City may hire a consultant and the fee charged by the consultant
shall be reimbursed to the City by the applicant regardless of the outcome of the
application.
(4) Signage will be maintained in legible condition and the carrier will be required to
replace any faded signage within 30 days of receiving written notification from the
City that it is in need of replacing.
(5) All wireless communications facilities, including on-site generators, shall be
designed to be compliant with the City's Noise Ordinance (Santa Monica
Municipal Code 4.12) and all other applicable Laws. Failure to comply with the
City's adopted noise standard after written notice and opportunity to cure have
been given shall be grounds for the City to revoke the permit.
(6) All cabling and wiring must be contained in conduit, affixed directly to the face of
the pole, for as long as it is technically feasible. No exposed slack or extra cable
will be allowed.
(7) No historic or decorative street lights are eligible for WCF installations.
(8) No electrical meters will be allowed. The applicant should negotiate directly with
the electric utility to determine a flat rate for installation. The applicant is
responsible for the cost of all electrical usage.
7.70.150 Macrocell Sites —
(1) Site Selection —
i. Preferred locations are on existing infrastructure such as street lights. The
infrastructure selected shall be located at alleys and near property line
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prolongations. If the facility is not able to be placed on existing infrastructure,
the applicant shall provide a map of existing infrastructure in the service area
and describe why each such Site was not feasible.
ii. When existing infrastructure Sites have been exhausted, the City may require
that the applicant provide new infrastructure such as a street light, on which
the WCF can be installed. In such cases, the new infrastructure shall be
dedicated to the City and will have a primary purpose other than as a WCF
and the WCF will be the secondary use. This installation will be defined as a
wireless Base Station.
iii. When all other preferred Sites have been exhausted and new infrastructure is
not feasible, the applicant may request the installation of a new tower,
Camouflaged by City approved methods.
(2) Existing Infrastructure requirements
i. Street light —
a. The installation shall not increase the total height by more than 10% or ten
feet, whichever is greater, over other street lights in the area.
b. The Antenna must be mounted to the top of the pole, or flush to the pole
near the top, in a RF transparent screen that is coated or painted an
approved color to match the street light pole. The screen is considered to
Camouflage the installation.
c. Equipment, other than Antennas, must be in an underground vault. Vault
vents must be flush to the ground.
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d. Wires and cables must run in conduit inside the pole. Underground entry
into the pole through the foundation is required.
e. As requested by the City, the applicant or carrier shall host on-site training
for City maintenance staff. The training will be offered for each WCF
project on a street light pole. The training shall include occupational
safety, personal protection, proximity limits, emergency procedures and
contact information.
ii. Utility Pole —
a. Antenna installations will be top of pole mount. If this is not feasible due to
California Public Utility Commission rules, then a replacement pole must
be installed to comply with this requirement and the Commission rules.
b. The Antenna must be in a RF transparent screen that is coated or painted
an approved color to match the pole. The screen is considered to
Camouflage the installation.
c. Equipment, other than Antennas, must be in an underground vault. Vault
vents must be flush to the ground.
d. If the existing utility pole already has more than two existing risers/drops,
the pole must be replaced with a metal pole that allows the new cable and
wires to be inside the pole, in conduit. The existing drops will also be
relocated inside the new pole and underground entry into the pole through
the foundation is required. When the installation will result in two or fewer
risers/drops on the pole, the wires and cable may be installed as a
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riser/drop in conduit painted an approved color or in commercially
available black or dark brown conduit, as directed by the City.
iii. Traffic pole —
a. Antenna installations will be top of pole mount and shall not increase the
height by more than 10% or ten feet, whichever is greater, over other
traffic signals in the immediate vicinity.
b. Installations on poles with mast arms shall not be allowed when other
suitable poles are available in the area.
c. All electrical wiring and components for the WCF will be contained inside
the pole and physically separated from the traffic signal wiring. No pull
boxes shall be shared.
d. The pole must have a handhole for maintenance of the traffic signal
wiring. The handhole must be located so as to provide safe and practical
access to City maintenance staff.
e. The Antenna shall be enclosed in a RF transparent screen that is coated
or painted to match the color of the pole. The screen is considered to
Camouflage the installation.
f. Equipment, other than Antennas, shall be in an underground vault, Vault
vents shall be flush to the ground.
g. As requested by the City, the applicant or carrier shall host on-site training
for City maintenance staff. The training will be offered for each WCF
project on a street light pole. The training shall include occupational
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safety, personal protection, proximity limits, emergency procedures and
contact information.
7.70.160 Small Cell Sites —
i. Site Selection —
a. The preferred location shall be on existing infrastructure such as utility poles
or street lights. The infrastructure selected should be located at alleys and
near property line prolongations. If the facility is not able to be placed on
existing infrastructure, the applicant shall provide a map of existing
infrastructure in the service area and describe why each such Site was not
feasible.
b. When existing infrastructure Sites have been exhausted, the City requires
that the applicant dedicate new infrastructure such as a street light, on which
the WCF can be installed. In such cases, the new infrastructure shall be
owned by the City and will have a primary purpose other than as a WCF and
the WCF will be a secondary use. This installation will be defined as a
wireless Base Station.
ii. Existing Infrastructure requirements
a. Street light —
1.} The Antenna shall be the smallest possible volume but in no case greater
than three cubic feet. The Antenna must be enclosed in an RF transparent
screen unless a whip style antenna is used. Antenna installations will be
top of pole mount and shall not increase the height by more than 10% or
ten feet, whichever is greater, over other street lights in the immediate
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vicinity. The small size of the Antenna or RF screen, and color treatment is
considered to Camouflage the installation.
2.) Equipment, other than Antennas, shall be mounted as prescribed by the
Director in one of the manners described.
i.) Equipment shall be mounted in a base shroud of approved design to
be retrofitted to the existing light standard. The base shroud shall be
coated or painted with an approved color to match the existing pole.
ii.) Equipment shall be mounted directly to the pole a minimum of eight (8)
feet above the existing grade and be coated or painted with an
approved color to match the existing pole.
iii.) Equipment shall be mounted to the pole in an equipment box a
minimum of eight (8) feet above the existing grade. The equipment box
shall be coated or painted an approved color to match the existing pole
and will be no wider than two times the diameter of the pole at the
point it is mounted nor protrude from the surface of the pole by more
than eight inches.
3.) The applicant may propose or the City may require that the existing light
standard be replaced with a City approved pole that is manufactured with
a base shroud designed to accept wireless equipment and integrated RI=
screen to accept a wireless Antenna.
b. Utility Pole —
1.) The Antenna shall be the smallest possible volume but in no case greater
than three cubic feet and shall be mounted at the top of the pole or on the
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side of the pole with a bracket. When mounted with a bracket the bracket
may extend no more than eighteen (18) inches from the surface of the
pole and will be coated or painted an approved color to match the existing
pole. The antenna must be enclosed in an RF transparent screen unless a
whip style antenna is used. The small size of the Antenna or the RF
screen, and color treatment is considered to Camouflage the installation.
2.) Equipment, other than Antennas, shall be mounted as prescribed by the
Director in one of the manners described.
i.) Equipment shall be mounted directly to the pole a minimum of eight
(8) feet above the existing grade and be coated or painted with an
approved color to match the existing pole.
ii.) Equipment shall be mounted in an equipment box that is mounted
directly to the pole a minimum of eight (8) feet above the existing
grade. The equipment or box shall be coated or painted an approved
color to match the existing pole and will be no wider than the
diameter of the pole at the point it is mounted nor protrude from the
surface of the pole by more than eight inches.
3.) If the existing utility pole already has more than two existing risers/drops,
the pole must be replaced with a metal pole that allows the new cable and
wires to be inside the pole, in conduit. The existing drops will also be
relocated inside the new pole and underground entry into the pole through
the foundation is required. When the installation will result in two or fewer
risers/drops on the pole, the wires and cable may be installed as a
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riser/drop in conduit painted an approved color or in commercially
available black or dark brown conduit, as directed by the City.
c. Traffic pole —
1,) The Antenna shall be the smallest possible volume but in no case greater
than three cubic feet. The Antenna must be enclosed in an RF transparent
screen unless a whip style antenna is used. Antenna installations will be
top of pole mount and shall not increase the height by more than 10% or
ten feet, whichever is greater, over other street lights in the immediate
vicinity. The small size of the Antenna or RF screen, and color treatment is
considered to Camouflage the installation.
2.) Installations on poles with mast arms shall not be allowed when other
suitable poles are available in the area.
3.) All electrical wiring and components for the WCF will be contained inside
the pole and physically separated from the traffic signal wiring. No pull
boxes shall be shared.
4.) The pole must have a handhole for maintenance of the traffic signal
wiring. The handhole must be located so as to provide safe and practical
access to City maintenance staff.
5.) Equipment, other than Antennas, shall be mounted as prescribed by the
Director in one of the manners described.
L) Equipment shall be mounted directly to the pole a minimum of eight (8)
feet above the existing grade and be coated or painted with an
approved color to match the existing pole.
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ii.) Equipment shall be mounted in an equipment box that is mounted
directly to the pole a minimum of eight (8) feet above the existing
grade. The equipment or box shall be coated or painted an approved
color to match the existing pole and will be no wider than the diameter
of the pole at the point it is mounted nor protrude from the surface of
the pole by more than eight inches.
6.) As requested by the City, the applicant or carrier shall host on-site training
for City maintenance staff. The training will be offered for each installation
of a WCF on a traffic pole. The training shall include occupational safety,
personal protection, proximity limits, emergency procedures and contact
information.
7.70.170 Aerial fiber optic strand mounted wireless and Wi-Fie ui meat,
i. Equipment mounted on aerial fiber optic strands shall be the smallest possible
volume.
ii. The equipment shall only be allowed on aerial fiber located ip alleys or utility
easements.
iii. The applicant shall provide authorization for the installation from the owner of the
adjacent poles on each side of the equipment.
iv. Only one installation shall be all allowed between any two poles.
v. No installation shall be within five feet of a door or window nor placed in front of
any window located at a similar height to the Wi-Fi unit.
7.70.1180 Distributed Antenna System (DAS).
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Applications for DAS WCi= shall be submitted as a single application and will
have a single master license agreement and memorandum of understanding for the
entire project. Each individual location within the system shall be processed and
considered for approval separately. Permitting fees will be applied to each site. Each
location will be evaluated and must comply with the installation design guidelines for the
type of Site as defined by this ordinance.
7.70.190 Carrier/Cell on Wheels (COW) --
i. A Carrier -on -wheels (COW) will be placed in the PROW or City owned property
through a use of public property permit.
ii. The setup location requested for the COW will be reviewed and at the discretion of
the Director of Public Works or designee may be modified to ensure public health
and safety.
iii. The duration of a permit for a COW will be no longer than is necessary to establish
the network and provide the temporary coverage required by the event or
emergency.
iv. At the discretion of the Director or his or her designee, the permit may be revoked
or modified when in the best interest of the City.
v. In accordance with Section 6.110.030 of this Code, a permit will not be required for
a COW when the installation is for the primary purpose of disseminating news,
recent events, and other current, public affairs.
7.70.200 City owned property --
i. No free standing antenna shall extend beyond 15 feet above the height limit of the
District.
PIZ
ii. Roofmounted Antennas shall be located or screened so as to minimize pedestrian
level view from public streets or from any neighboring residential uses.
iii. The display of any sign or any other graphic on an Antenna, structure or screening
is prohibited, except for public safety warnings. Warning graphics must be placed
no higher than S feet above the base of the Antenna, structure or screening and
face away from the street.
iv. An Antenna installation shall be coated or painted an approved color to blend with
its immediate surroundings.
v. Engineering calculations sealed by a registered professional engineer licensed in
California shall be provided to ensure that the existing structure is adequate to
support the new loads.
vi. All cautionary signage will be maintained in legible condition and the carrier will be
required to replace any faded signage within 30 days of receiving written
notification from the City that it is in need of replacing.
vii. All wireless communications facilities, including on-site generators, shall be
designed to be compliant with the City's Noise Ordinance (Santa Monica Municipal
Code Chapter 4.12) and all other applicable Laws. Failure to comply with the City's
adopted noise standard after written notice and opportunity to cure have been
given shall be grounds for the City to revoke the permit.
viii. All cabling and wiring must be contained in conduit for a long as it is technically
feasible. No exposed slack or extra cable will be allowed.
7.70.210 Deemed Granted.
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In the event that an application is deemed granted by rule of law, all conditions
and design guidelines as required by this ordinance are still applicable and required for
the installation.
7.70.220 Future add itionslmodifications to the Wireless Communications
Due to rapidly changing technology and regulatory requirements, the City Council
authorizes the Director to publish a Wireless Application Policy and Guidelines to serve
as further regulatory guidance and clarification. The policy and guidelines may be
updated at the discretion of the Director to adjust for new technologies and regulations.
7.70.230 Abandonment.
Whenever a wireless provider abandons a wireless facility, the provider must
notify the City Engineer in writing of its planned abandonment. A Wireless facility shall
be removed within ninety days of abandonment with attainment of all required permits.
Any wireless facility not in use for a period of six months shall be considered abandoned
and shall be removed pursuant to this Chapter.
7.70.240 Provisions for Underground Utility Districts.
If a wireless facility is placed on a utility pole or other structure that is located
within a future underground utility district, adopted by resolution of the City Council, the
wireless facility must be removed from the PROW at the owner's expense.
Replacement of the wireless facility is subject to this code.
SECTION 2. Santa Monica Municipal Code Chapter 7.06 is amended as follows:
7.06.020 Definitions.
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below:
For the purpose of this chapter, the following words or phrases are defined
(a) Applicant. Any utility, including any utility's authorized agent, requesting
permission to install any facility or to make any excavation in the PROW on behalf of
utility.
(b) Day. One business day.
(c) Department. Environmental and Public Works Management Department
of the City of Santa Monica.
(d) Director. The Director of the Environmental and Public Works
Management Department or designee.
(e) Emergency. A condition that poses an imminent threat to life or property,
including any repairs necessary to restore service that is currently disrupted.
(f) Excavation. Any trenching, digging, boring, tunneling, or jacking of
conduit or pipes or placement of a facility or any other structure in the PROW by or for
utilities.
(g) Facility. Any property in the PROW used to provide service by any utility.
(h) Hazardous Material. Any substance of any kind including, waste, gas or
other material which, because of its quantity, concentration, or physical or chemical
properties or characteristics, is deemed by any Federal, State, County, or local law or
authority to pose a present or potential hazard to health or safety or to the environment.
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(i) Permittee. Any utility that has obtained permission through the issuance
of a permit from the department to make any excavation or otherwise locate, install or
place facilities in the PROW.
(j) PROW (Public Right -of -Way). The area on, below, or above a City_
owned or controlled street or alley public right-of-way and the sidewalk and/or parkway
adjacent thereto.
(k) Utility. A company which is certified by the California Public Utilities
Commission to provide or install any facilities for the delivery of electricity, oil, gas,
internet, programming or other similar data transfer service, including any utility owned
or operated by another city, county, or other governmental agency to the extent allowed
by law. For the purpose of this Chapter, utility shall also include companies providing
cable television services. City -owned utilities and facilities installed in the PROW are
exempt from the provisions of this Chapter.
(1) Work. Includes all labor, materials, equipment, services, and all other
things necessary for 'the utility to install a facility in the PROW, including without
limitation any changes requested by the City, in accordance with this Chapter and all
applicable laws and regulations.
7.06.030 Purpose and findings.
The City Council finds and determines that it is in the interest of the City of Santa
Monica to establish regulations to manage the installation of facilities in or along the
PROW. The City Council finds that the PROW within the City is crowded with an ever
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increasing number of pedestrians and vehicles and both the surface and the subsurface
of the PROW has experienced a proliferation in competing uses, including, without
limitation, water, sewer, storm drains, gas, electric, telephone, telecommunications, and
cable lines that crisscross the PROW. The large number and variety of these uses
make management of the PROW necessary in order to preserve and to maintain the
public health and welfare. Accordingly, this PROW Management Ordinance is adopted:
(1) To ensure public health, safety, and welfare.
(2) To manage the public right-of-way as to the time, place, and manner in
which it is accessed.
(A) To minimize the impacts of installations in crowded PROWS.
(B) To minimize the impacts of installations in areas of heavy traffic.
(3) To preserve view corridors, to discourage visual blight and clutter and to
encourage aesthetic placement of facilities.
(4) To accommodate public and City use of the PROW, so as to permit
maintenance of facilities, and to minimize disruption to vehicular traffic and pedestrian
flow; and on -street parking.
(5) To minimize unnecessary disruption of the PROW by coordinating
installations so as to effectively manage use of the PROW.
(6) To ensure the structural integrity, reliability, performance, safety, quality,
ease of maintenance, and aesthetic integrity of the PROW.
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(7) To ensure that similarity situated PROW users are treated in a
competitively neutral and non-discriminatory manner while complying with applicable
codes.
(8) To ensure compliance with all Federal, State, County, and local laws.
(9) To prevent hazardous conditions along the PROW.
(1 0) To manage the long-term use of the PROW
7.06.040 Applicability.
This Chapter shall apply to any facility installed or otherwise placed in the PROW
on or after the effective date of the ordinance codified in this Chapter. Facilities
constructed prior to the effective date of said ordinance shall be brought into compliance
with this Chapter when that facility is reconstructed, modified or replaced. This Chapter
shall also apply to any facility previously located, installed or otherwise placed in the
PROW without undergoing review and approval by the Director, unless otherwise
authorized by franchise agreement. Any such unauthorized facility shall immediately be
made conforming to the regulations set forth in this Chapter.
7.06.050 Permit—Required.
No work shall be executed in any part of the PROW for the installation, repair or
removal of any facility, or for any other purpose, without first obtaining a written permit in
accordance with this Chapter.
.06.060 Permit—Application reauired.
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(a) Before a permit is issued, a written application must be filed with the
department on a form approved by the department. The application shall set forth the
name and address of the applicant, including the name and address of the utility on
behalf of which the applicant is applying for permission to excavate or otherwise locate,
place or install facilities in the PROW, if this is different than the applicant; and shall
state in detail the location of all proposed facilities and the extent of the excavation.
(b) No permit shall be issued under this Chapter until and unless the applicant
shall have first complied with the provisions of this Code requiring the issuance of
business licenses.
(c) The applicant shall show legal authority to occupy and use for the purpose
mentioned in the application, the streets, alleys, sidewalks or other public places where
the excavation, placement, location or installation of facilities is proposed to be made.
(d) In addition, applicants shall provide the following information:
(1) A site plan showing the exact location of the proposed facility, including
other improvements in the project area;
(2) A construction plan and schedule, to include start and end dates and
phasing, as required by the department.
(3) A utility study showing the location and depth of all utilities in the
immediate vicinity of the facility.
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(4) The Director is authorized to develop, revise, and require applicants to use
detailed information request forms as may be necessary to collect information useful in
evaluating permit applications.
Processing Fees. Fees for any permit or application required by this Chapter
shall be governed by Resolution CCS 9667 as amended from time to time, or other
resolution as adopted by the City Council.
7.06.080 Permit—Cancellation of permit application and refunds.
Applicant shall notify the department in writing to request the cancellation of a
permit application and to request any refund. Applicant will not be entitled to a refund if
the request for a cancellation is filed more than two days after the permit application
was filed.
7.06.090 Permit types.
979
The following permit types shall apply to all work proposed by a utility in the
(a) Excavation Permit. An excavation permit shall be applicable when a
utility proposes to perform an excavation in the PROW.
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7.06.110 Excavation_ permit issuance.
(a) The Director shall issue an excavation permit if the Director makes all of
the following findings:
(1) The permit will not substantially interfere with pedestrian use of the
PROW;
(2) The permit will not substantially interfere with vehicular safety; and
(3) The requirements of this Chapter are met.
(b) The Director may impose conditions on the permit prior to its issuance
relating to the time, place and manner of use of the PROW as set forth in this Chapter.
The Director may deny an excavation permit if the application is incomplete or does not
comply with the requirements of this Chapter. Such decision shall be final.
7.06.160 Permit scope and duration.
(a) Upon approval by the Director, or City Council on appeal, of the
application, the Director shall issue a written permit for the work.
(b) The permit shall specify the utility issued the permit, the particular portion
or portions of the PROW covered by the permit, the extent of such work and its
expiration date, which shall not exceed six months from the date the permit is issued.
No permit shall be transferable. Every permit shall be void unless the work is
commenced within forty-five days from the date of issuance of the permit.
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(c) If the work is not completed prior to the permit's expiration date, the
Director in his or her discretion may extend the expiration date for no more than one
additional six-month period.
i :E
(a) If work is not completed by the expiration date set forth on the permit,
permittee will be required to re -apply for a new permit.
(b) Nothing in this Section shall be construed to guarantee approval of a new
permit.
7.06.170 Emergency.
Nothing in this Chapter shall be construed to prevent any utility from making any
emergency excavation that may be necessary for the preservation of public safety,
provided, that the utility making such excavation shall file a permit application and pay
all prescribed fees no later than ten days after the emergency excavation was begun.
7.06.180 Blanket permit qualifications.
Notwithstanding this Chapter, utilities which have a franchise with the City may
be granted a permit to complete service connections, to perform service alterations, to
perform routine repair of underground facilities or to perform abandonments provided
that any such work is less than one hundred feet in length. Work completed under this
Section shall be contingent upon a traffic diversion plan approved by the Transportation
Management Division.
0
7.06.190 Maintaining permit at work site.
Permittee shall keep at the location of the work site a copy of the permit and
must, on demand, exhibit the permit to any designated City representative.
Immediately upon completion of work, permittee must notify the department for
final inspection. Nothing in this Section is intended to limit any other remedies of the
City.
7.06.240 General conditions.
All permits governed by the Chapter shall be subject to the following general
conditions in Sections 7.06.250 through 7.06.470.
7.06.250 Compliance with applicable law and regulations.
This Chapter is not intended to be the exclusive means of regulating installation
of facilities in the PROW and nothing herein is intended to waive any other applicable
City requirements, including but not limited to building permit requirements, storm water
runoff requirement, business license requirements and undergrounding regulations. The
applicant/permittee must obtain all permits, licenses, and similar authorizations that are
required by other governmental entities for the installation of its facilities. The utility must
also be and remain in compliance with all applicable statutes, ordinances, rules,
regulations, orders, and decisions issued by any Federal, State or local governmental
body or agency, including without limitation those issued by the California Public Utilities
Commission and the Federal Communications Commission.
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7.06.260 Nonexclusive use of PROW.
All permits to construct or place facilities in the PROW shall be nonexclusive.
Neither the granting of an excavation or other permit under this Chapter by the City
provides any permittee with an exclusive use of the PROW.
7.06.270 Maintenance of facilities.
The applicant/permittee shall maintain all facilities installed in the PROW in a
condition which maintains the safety, integrity, and aesthetics of the PROW and the
facilities, including, but not limited to: all landscaping installed must be properly'and
regularly maintained; graffiti and posters must be removed within forty-eight hours after
written notification to the permittee; and aboveground cabinets and other aboveground
facilities shall not appear to be unkempt.
7.06.280 Regulations.
To the extent not preempted by applicable laws, the Director may prescribe
regulations covering the location, size and depth of excavations in public streets and
sidewalks as he or she may deem necessary for the public safety and welfare. Where
such regulations are general in character and are designed to apply to all excavations of
a certain type or nature, they shall be promulgated in writing showing the date of their
enactment, and a copy thereof, duly certified to by the Director shall be kept on file
where they may be made available for public inspection upon the demand of any
person. All work performed under this Chapter shall be subject to such regulations.
.06.290 Submittals.
0
Prior to the issuance of any permit, each applicant shall provide the department
with evidence that it has obtained all applicable business, State permits, and other
licenses, as well as insurance and performance and payment bonds in an amount and
form specified by the Department.
(a) Coordination with Other Projects. To the maximum extent possible and
as permitted by law, an applicant shall design and schedule its work so as to coordinate
its work with other persons installing, constructing, or maintaining facilities in the PROW
and with the City.
(b) Network Diagram Submission.
(1) Commencing June 15, 2005 and each June 15th of each subsequent
year, each utility with facilities in the City shall submit an updated diagram in a format
acceptable to the department of all facilities owned or controlled by each such utility and
located in the PROW. Such diagrams shall show, but not be limited to showing, the
number, size, and locations of antennas, pipelines, conduits, cables, vaults, pedestals,
and all other associated facilities located in the PROW.
(2) If a utility's facility diagram has not changed from the diagram submitted in
a previous year, in lieu of submitting a new diagram, a utility may, at its election, provide
an affidavit to the City certifying that the previous year's map has not changed. The
certification shall also include the date that the previous map was submitted to the City.
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(3) In order to ensure the security of installations, this information shall not be
made a public record, except that utilities requesting a permit under this Chapter may
request portions of submitted diagrams affecting their proposed installation.
(c) Participation in Coordination Meetings. Each utility shall participate in
periodic coordination meetings as requested by the City with other utilities and affected
public agencies. The purpose of these meetings shall be to coordinate activity between
public works projects and utility projects in the PROW.
7.06.310 Professional engineer requirements.
No permit shall be issued for excavation projects over one thousand lineal feet
without submission of plans prepared under the direction of and stamped by a
professional engineer registered in the State of California, except to the extent applicant
is exempted from this requirement by Business and Professions Code 6746, 6747 or
other applicable law.
7.06.320 Monument restoration.
When monuments exist that control the location of boundaries, roads, streets or
highways, or provide survey control, the monuments shall be restored pursuant to the
requirements set forth in the State of California's Professional Land Surveyor's Act.
7.06.330 Excavation requirements.
(a) Minimum Depth of Facilities. Except where preempted by applicable
law, no permittee shall install any facilities in any PROW at a distance of less than that
defined by a map maintained in the Office of the City Engineer.
(b) Excavation Under Sidewalks. Except for service connections, no
excavation shall be made under the sidewalk or parkway between the curb line and a
distance four feet from the curb line, as measured toward the property line or under any
alley or court within three feet of either side of the centerline.
(c) Limits of Excavation. No trench shall be opened in the PROW for the
purpose of laying pipes or conduits more than six hundred feet in advance of pipe or
conduit installation, backfill and interim pavement construction.
(d) Location of Excavation. No permittee shall make any excavation to
install any facility under the surface of any PROW other than that described in the
approved permit. No permittee shall modify the permitted location of the excavation,
except for minor variations in alignment due to interferences, unless approved ahead of
time by the department.
(e) Excavation in Recently Paved Streets. Except in an emergency or in the
case of new service connections to a newly constructed or substantially remodeled
building, there shall be no excavation in streets completely resurfaced or reconstructed
by the City within the preceding three years.
(f) Backfilling. Trench backfill shall be one of the following:
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(1) Three-quarter sack sand/cement slurry. This is to be used in narrow
trenches six inches wide or less.
(2) Decomposed granite mechanically compacted to ninety-five percent
relative compaction in six inch lifts.
(3) Crushed miscellaneous base mechanically compacted to ninety-five
percent relative compaction in six inch lifts.
Except for base material used for subgrade under street pavement, native soil
may be used for backfill, subject to verification by the Director of the competency of the
soil. In .those cases, the City will rely upon the analysis and recommendations of a
private soils engineer hired by the utility, unless the City elects to hire its own soils
engineer to verify the competency of the soil. In such case, the utility shall pay the cost
of the City -hired engineer.
7.06.340 Construction requirements.
(a) Construction. The utility is solely responsible for construction, installation
and maintenance of its facilities. City has the right at all times to inspect construction of
the facilities to assure compliance with all permits or approvals granted by City.
(b) Standard of Care. The utility will undertake all authorized activities within
the PROW of the City in a skillful manner, consistent with the highest standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Facility installation activities must comply with applicable Federal,
State, and local laws, regulations and rules.
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(c) Public Notification. Except in cases of blanket permits, permittee shall
provide written notification to all residents and businesses located within five hundred
feet, not including the width of the PROW, of planned work area seventy-two hours prior
to the start of such work in a form approved by the department prior to distribution. The
permittee shall ensure that the construction minimally impacts the public.
(d) Commencement of Work. Permittee must provide notification to the
department that work will commence seventy-two hours prior to start of work.
(e) Diligence Required. The work shall be prosecuted with due diligence so
as not to obstruct the PROW unduly. If the work is not prosecuted diligently as
determined by the Director, the City will give permittee written notice to correct the
condition. If permittee does not diligently prosecute the work to completion within the
time frame specified by the Director, the City will restore the PROW to its preexisting
condition and charge permittee for the work.
(f) Complaint Handling Procedure. Permittee shall have a designated
community relations liaison to address public concerns related to the project. Within
twenty-four hours of a complaint or the next day thereafter, the liaison shall notify the
department of the date, nature, and resolution of the complaint.
Permittee shall maintain on file with the department a copy of the utility's
community relations program outlining procedures for handling complaints.
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(g) Emergency Phone List. In regard to each permit issued, permittee shall
provide the department with emergency contact information to include the name and
phone number of the twenty -four-hour emergency contact.
(h) Inspection. The permittee shall make the work site accessible to the City,
and others authorized by law, for inspection at all times during performance of work
under this Chapter.
(i) Temporary Pavement Surface and Steel Plates.
(1) When directed by the department, the permittee shall install steel plates
with non -slip surface to bridge any excavation in the PROW during non -working hours.
Such plates shall be anchored so as to minimize movement.
(2) Backfilled excavations in streets shall be maintained for vehicular and
pedestrian traffic by surfacing the trench with a temporary pavement according to
department standards.
0) Vehicle and Pedestrian Crossings.
(1) It shall be the duty of every permittee performing any work in any public
street to maintain safe crossings for vehicular traffic and to ensure compliance with
paths of travel for disabled persons, including crossings for pedestrians at intervals of
not more than six hundred feet, in accordance with all applicable laws, including the
Americans with Disabilities Act (ADA). Fire hydrants, water and gas main shut-off
valves, traffic signal control boxes, and electrical and water meters must remain
accessible at all times.
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(2) It shall be the duty of every permittee performing any work in any PROW
to maintain signage and delineation throughout the area of the work as may be
necessary to prevent accident and injury. In addition, if in the determination of the
department, the nature or location of such excavation requires lighting to prevent injury
or accidents, such lights must be placed at locations specified by the department.
(k) Job Site Cleanliness. The work of removing from the PROW all
excavated material and construction debris is the responsibility of the permittee.
Removal and disposal must occur within eight hours of deposit in accordance with
Chapter 7.06. If permittee fails to maintain the cleanliness of the site, the permit is
subject to revocation as outlined in Section 7.06.490.
(1) Protection of Urban Forest. The permittee shall retain, at its own cost, a
certified arborist to advise the permittees contractor doing underground work in the
PROW as to appropriate locations for underground vaults, conduits and other
equipment and root pruning techniques, if needed, so as to ensure minimal impact to
existing trees and other landscaping materials that are a part of the City's urban forest.
The permittee's arborist shall coordinate their work with the City's Community Forester.
(m) Excavation Backfill Compaction Testing. When requested by the City,
the permittee shall perform backfill compaction testing by a qualified testing laboratory
and furnish copies of written reports to the City. The City reserves the right to perform
backfill compaction testing in conjunction with the permittee's construction activities.
The permittee must ensure proper compaction prior to paving as required by the
department. If slurry is used for backfill, compaction testing shall not be required.
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(n) Construction As -Built Submission. For each permit completed,
permittee shall submit an as -built set of drawings to the department within sixty days of
completion of work.
7.06.350 Insurance.
Prior to commencing work, the permittee shall secure the following types and
amounts of insurance:
(a) Minimum Limits of Insurance. Permittee shall obtain insurance of the
types and in the amounts described below:
(1)(A) Commercial General Liability Insurance (for projects one thousand
linear feet or less). Permittee shall maintain commercial general liability (CGL) with a
limit of not less than one million dollars each occurrence/two million dollars in the annual
aggregate.
(B) Commercial General Liability Insurance (for projects greater than
one thousand linear feet). Permittee shall maintain commercial general liability (CGL)
with a limit of not less than three million dollars each occurrence/three million dollars in
the annual aggregate.
(C) Business Auto Liability Insurance. Permittee shall maintain business
auto liability with a limit of not less than one million dollars each accident.
(2) These amounts may be increased or decreased by the Risk Manager
upon a showing of special circumstances relating to risk to public property, public
improvements or public safety.
(a) CGL insurance shall be written on Insurance Services Office form CG 00
01 (or a substitute form providing equivalent coverage) and shall cover liability arising
from or in connection with permitted activity.
(b) Business auto insurance shall cover liability arising out of any auto,
ncluding owned, hired, and non -owned autos. Coverage shall be written on Insurance
Services Office form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form
providing equivalent liability coverage.
7.06.370 Other insurance provisions.
(a) The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions: City of Santa Monica, its officers, officials,
employees, and volunteers are to be covered as additional insureds with respect to
liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of
the permittee; and with respect to liability arising out of work or operations performed by
or on behalf of the permittee including materials, parts or equipment furnished in
connection with such work or operations.
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(b) Under the CGL policy or commercial umbrella policy, the Insurance
Services Office additional insured endorsement form CG 20 10 or a substitute providing
equivalent coverage shall be used.
Each insurance required by this clause shall be endorsed to state that coverage
shall not be canceled except after thirty days prior written notice by certified mail, return
receipt requested, has been given to the City, attention City Engineer.
(b) If permittee is self-insured for any of the required coverages, permittee
shall provide to City's Risk Manager written certification as provided by either
permittee's risk management professional, independent insurance consultant or
actuary, or a licensed insurance broker that permittee has sufficient assets to provide
coverage as required in Section 7.06.350.
7.06.390 Verification of coverage.
Permittee shall furnish the City of Santa Monica with original certificates and
copies of amendatory endorsements effecting coverage required by Section 7.06.350.
The certificates and endorsements for each policy are to be signed by a person
authorized by the insurer to bind coverage on its behalf. The certificates and
endorsements should be on forms provided by the City of Santa Monica or on other
than the City of Santa Monica's forms, provided those forms and endorsements conform
to the requirements. All certificates and endorsements are to be received and approved
by the City of Santa Monica before work commences.
En.
7.06.400 Contractors and subcontractors.
Permittee shall include all contractors and subcontractors as additional insureds
under its policies or shall ensure that all contractors and subcontractors meet all of the
requirements stated herein.
1
The permittee shall defend, indemnify, and hold harmless the City of Santa
Monica, its Council, boards, commissions, officers, agents, volunteers, and employees
from and against any and all loss, damages, liability, claims, suits, costs and expenses,
whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of
any such claim or suit, resulting from the alleged acts or omissions of permittee, its
officers, agents, or employees in connection with the permitted work. Nothing contained
herein shall be construed as obligating permittee to indemnify City for losses resulting
from its sole or active negligence or willful misconduct.
7.06.420 Warranty.
The utility warrants that any trench backfill, pavement restoration, or other work
performed by the utility or its employees, agents, and contractors in the public rights-of-
way will be free from all defects due to faulty materials or quality of work for a period of
five years after the date of installation of the facilities. The utility will repair or remove
and replace all such backfill, pavement restoration, or other work, together with any
other pavement areas directly affected by that removal or replacement, without any
expense to City. If the utility fails to comply diligently with those provisions within ten
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days after being notified in writing (or in cases of emergency, within twenty-four hours),
City is authorized to proceed to have any backfill, pavement restoration, or other defects
remedied at the sole cost and expense of the utility, and the utility is obligated to pay
those costs and expenses within thirty days of receipt of invoice. Such action by the City
will not relieve the utility of the warranty provided for in this Section.
Notwithstanding any other provisions of this Code, whenever the Director or the
Building Officer determines that any work proposed to be performed under any permit
issued by the Director or the Building Officer might endanger any adjoining property, he
or she may require, as a condition precedent to the issuance of such permit, that there
be provided a cash bond or a surety bond by an authorized surety company acceptable
and approved by the Risk Manager in the substance and form acceptable to and
approved by the City Attorney. Such bond shall be in a penal sum prescribed by the
Director or the Building Officer conditioned upon the repair, in the manner directed by
and strictly in accordance with the requirements of the Director, of any and all damage
(1) to private property (other than utilities) which in the opinion of the Director or Building
Officer was wholly or partially caused as a direct or indirect result of any work under
such permit, and (2) to public ways, other public property, substructures and utilities,
which in the opinion of the Director or Building Officer was wholly or partially caused as
the direct or indirect result of any work under such permit, or alternatively the payment
of the cost of any such repairs, made by the City or owner of any utility, or both.
7.06.440 Hazardous materials.
Permittee shall comply with all Federal, State, County, and local laws regarding
hazardous material, including, but not limited to, all rules and regulations concerning the
storage, handling and disposal of hazardous material.
7.06.450 Water/storm water runoff mitigation.
The permittee shall prevent all non -storm water discharge from the construction
site from entering the storm drain system in accordance with Section 7.10.060 et seq. of
the Municipal Code.
7.06.460 Facility marking re uirements.
Upon completion of the work, permittee shall identify the completed project with a
marker no less than one inch in diameter and embedded a minimum of two and one-half
inches into the pavement or sidewalk. The marker shall be permanently imprinted with
the letter "G" for natural gas lines, "E" for electric power lines, "T" for
telecommunications companies, or "C" for cable television companies. The Director
shall develop other marker symbols as necessary and appropriate. Markers shall be
placed at intervals of no more than every sixty feet.
7.06.470 Duty to remove facilities from PROW.
(a) The City may order a utility to remove or relocate its facilities from the
PROW at the utility's own expense when the facility interferes with the City's use of the
PROW, or when the utility abandons the facilities.
(b) if not removed voluntarily by the utility, then the City may notify such utility
that should removal of the facility not be accomplished within a reasonable time
specified by the City, the City may direct its officials or representatives to remove such
facilities at that utility's expense.
(c) If the City removes the facilities and utility does not claim the property
within sixty days of its removal, then the City may take whatever steps are available
under the law to declare the property abandoned or surplus, and sell it, with the
proceeds of such sale going to the City as permitted by law.
(d) When a utility removes its facilities from the PROW located within the City,
the utility shall at its own expense, and in the manner prescribed by the City, replace
and restore such PROW in accordance with repair standards adopted by the
department.
7.06.480 Permit non-compliance—No waivers.
No permittee shall be excused from complying with any of the provisions of this
Chapter by any failure of the City on any one or more occasions to seek, or insist upon,
compliance with any requirements or provisions of this Code. Regardless of the City's
failure to seek compliance on any occasions, such action shall not be considered a
waiver of any requirements of this Code.
7.06.490 Permit revocation.
The City may revoke a permit or any other right to use the PROW issued under
this Chapter for any of the following reasons:
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(a) Failure to comply with any condition of a permit issued,
(b) Failure to comply with this Chapter-,
(c) A substantive change of law affecting a utility's authority to occupy or use
the PROW or the City's ability to impose regulations relating to such occupation or use;
(d) A facility's interference with a City project;
(e) A facility's interference with vehicular or pedestrian use of the PROW;
(f) Failure to make a safe and timely restoration of the PROW.
7.06.500 Appeal of permit revocation.
A permittee whose permit or right has been revoked may have the revocation
reviewed, upon written appeal as follows. -
(a) Within fourteen days of the revocation, a written appeal shall be filed with
the Director. The appeal must contain a statement of any reasons why the permittee
believes that the revocation should be reviewed. The Director shall render -a decision
within twenty-one days of receipt.
(b) If the Director denies the appeal, the permittee may file a written notice of
appeal with the City Council within twenty-one days of notification of the appeal denial.
In addition to containing a statement of any significant factors and/or hardships as well
as alternatives explored, the appeal must contain a response to the findings of the
Director that resulted in the denial. The appeal shall be conducted in accordance with
the procedures governing wireless major permit appeals.
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7.06.520 Exemption procedures.
A utility may apply to the Director for an exemption from any of the requirements
of this Chapter in accordance with this Section.
(a) Hardship Exemption.
(1) A utility may apply to the Director for an exemption from any of the
requirements of this Chapter on the grounds that such requirement (A) is not feasible or
(B) constitutes an undue hardship.
(2) An application shall include information necessary for the City to make its
decision, including but not limited to reports or studies showing the factual support for
the claimed exemption. The Director may require the utility to provide additional
information to permit the Director to determine facts regarding the hardship exemption
application.
(3) f=ollowing a review of the application, the Director may approve the
exemption, in whole or in part, with or without conditions, provided all of the following
findings of fact are made:
(A) The subject requirement is not feasible or constitutes an undue hardship;
(B) The work will not substantially interfere with pedestrian use of the PROW;
(C) The work will not substantially interfere with vehicular safety;
(D) The facility will serve a community benefit;
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(E) The requirements of this Chapter are met, except for the requirement
sought to be waived; and
(F) The proposed facility can be mitigated so that its impacts do not result in a
material change to the character of the location and relate harmoniously with the
surrounding neighborhood.
(4) The Director's decision shall become effective immediately. The Director's
decision is final and shall not be appealable.
7.06.530 Reservation of rights.
(a) General Reservation. By granting a permit under the terms of this
Chapter, the City does not waive any rights reserved to the City under any applicable
law, including Public Utilities Code Sections 7901 and 7901.1 et seq., including but not
limited to the City's right to regulate the time, place, and manner of a utility's access to
the City's PROW. (b) No Express Authorization to Place Utility on City -Owned
Facility. Further, nothing in this Chapter shall be construed as granting any right,
whether express or implied, to any utility to place a facility on City -owned property.
7.06.550 Applicability of franchise_ agreements.
The City recognizes that in some cases a utility's local franchise agreement
and/or applicable federal or state laws may take precedence over this Chapter. The City
also recognizes that the local franchise agreements generally require compliance with
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the Santa Monica Municipal Code_ In the case of a conflict between a franchise
provision, a Federal law or a State law, on the one hand, and a provision of this
Chapter, on the other hand, each situation will require a case-by-case analysis to
determine the applicable requirement.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPR VED AS TO FORM: _
i
MARS JONES O TRIE
City Attorney
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State of California )
County of Los Angeles )ss,
City of Santa Monica }
I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2525 (CCS) had its introduction on July
12, 2016, and was adopted at the Santa Monica City Council meeting held on
July 26, 2016, by the following vote:
AYES: Councilmembers Himmelrich, McKeown
Mayor Vazquez, Mayor Pro Tem Winterer
NOES: None
ASSENT: Davis, O'Connor, O'Day
A summary of Ordinance No. 2525 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Denise Anderson -Warren, City Clerk Date