O25831
City Council Meeting: August 28, 2018 Santa Monica, California
ORDINANCE NUMBER _2583 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REPEALING AND REPLACING IN ITS ENTIRETY THE TEXT OF
SANTA MONICA MUNICIPAL CODE CHAPTER 9.32 PERTAINING TO PERSONAL
WIRELESS SERVICES FACILITIES
WHEREAS, the Telecommunications Act of 1996 (TCA) recognized that cities
have authority to regulate personal wireless service facilities, but limited the scope of such
regulation; and
WHEREAS, the TCA prevents cities from prohibiting or effectively prohibiting these
facilities and requires cities to act on applications for these facilities within a reasonable
timeframe; and
WHEREAS, in 2009, the Federal Communications Commission (FCC) established
a reasonable timeframe as sixty (60) days for applications for co-locations (more than
one wireless carrier at one site) and one hundred twenty (120) d ays for all other
applications; and
WHEREAS, Congress passed Section 6409(a) of the Middle Class Tax Relief and
Job Creation Act of 2012 on February 22, 2012, which established an expedited
administrative process for the review of wireless facilities; and
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WHEREAS, Section 6409(a) applies to all “wireless” facilities licensed or
authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, etc.); and
WHEREAS, Section 6409(a) generally requires that a state and local government
“may not deny, and shall approve” certain applications for minor changes to existing sites
that co-locate, remove or replace transmission equipment at an existing wireless tower or
base station; and
WHEREAS, FCC regulations contain procedural rules for local review that
generally preempt subjective land-use regulations, limit permit application content
requirements, and modify the reasonable timeframe to provide applicants with a potential
“deemed granted” remedy when the State or local government fails to approve or de ny
the request within sixty (60) days after submittal (accounting for any tolling periods); and
WHEREAS, the City’s existing telecommunications ordinance is obsolete and
must be updated to comply with current state and federal laws; and
WHEREAS, on June 2016, the City’s Planning Commission adopted a resolution,
recommending repeal and replacement of Chapter 9.32 of the Santa Monica Municipal
Code to ensure that City regulations are consistent with current state and federal laws;
and
WHEREAS, the City Council desires to protect and promote public health, safety
and welfare, and also balance the benefits that flow from robust, advanced wireless
services with the City’s local values, which include without limitation the aesthetic
character of the City, its various neighborhoods and community without (1) prohibiting or
effectively prohibiting any personal wireless service provider’s ability to provide personal
wireless services; (2) prohibiting or effectively prohibiting any personal wireless service
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provider’s ability to provide any interstate or intrastate telecommunications service,
subject to any competitively neutral and nondiscriminatory rules or regulations; (3)
unreasonably discriminating among providers of functionally equivalent services; (4)
denying any request for authorization to place, construct or modify personal wireless
service facilities on the basis of environmental effects of radio frequency emissions to the
extent that such facilities comply with the Federal Communication Commission’s
regulations concerning such emissions; (5) prohibiting any collocation or modification that
the City may not deny under federal or state law; or (6) otherwise authorizing the City to
preempt any applicable federal or state law or regulation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings:
The City Council, having conducted a duly noticed public hearing on August 14,
2018 and, after considering oral and written testimony, makes the following findings with
respect to adopting this new wireless communications ordinance (“the Wireless
Communications Ordinance”):
1. The Wireless Communications Ordinance is consistent in principle with the
General Plan, in that the Ordinance does not substantively affect policy decisions made
with the City Council’s adoption of the Zoning Ordinance and represent changes to the
Zoning Ordinance to ensure that City regulations are consistent with current State and
Federal requirements with respect to the processing of personal wireless service facilities.
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2. The Wireless Communications Ordinance is consistent with the purpose of
the Zoning Ordinance to promote the growth of the City in an orderly manner and to
promote and protect the public health, safety, and general welfare, in that the Wireless
Communications Ordinance will allow for the proper regulation of personal wireless
services facilities to promote and protect the public health, safety, and general welfare.
Specifically, the Wireless Communications Ordinance will establish updated regulations
including a process for the review of personal wireless service facilities, location and
design requirements, and conditions of approval.
SECTION 2. Santa Monica Municipal Code Chapter 9.32 is hereby repealed in its
entirety and fully restated as follows:
CHAPTER 9.32 PERSONAL WIRELESS SERVICE FACILITIES
9.32.010 Purpose
The purpose of this Chapter is to establish reasonable and uniform standards and
procedures for personal wireless service facilities deployment, construction, installation,
collocation, modification, operation, relocation and removal on all property other than the
public right-of-way within the City’s territorial boundaries, consistent with and to the extent
permitted under federal and state law. The standards and procedures contained in this
chapter are intended to, and should be applied to, protect and promote public health,
safety and welfare, and balance the benefits that flow from robust, advanced wireless
services with the City’s local values, which include without limitation the aesthetic
character of the City, its various neighborhoods and community.
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This chapter is not intended to, nor shall it be interpreted or applied to:
A. prohibit or effectively prohibit any personal wireless service provider’s ability
to provide personal wireless services;
B. prohibit or effectively prohibit any personal wireless service provider’s ability
to provide any interstate or intrastate telecommunications service, subject
to any competitively neutral and nondiscriminatory rules or regulation s;
C. unreasonably discriminate among providers of functionally equivalent
services;
D. deny any request for authorization to place, construct or modify personal
wireless service facilities based on environmental effects of radio frequency
emissions to the extent that such facilities comply with the Federal
Communication Commission’s regulations concerning such emissions;
E. prohibit any collocation or modification that t he City may not deny under
federal or state law; or
F. otherwise authorize the City to preempt any applicable federal or state law
or regulation.
9.32.020 Definitions
The abbreviations, phrases, terms and words shall have the meanings assigned
to them in this Section 9.32.020 or, as may be appropriate, in Chapter 9.52 (Terms and
Definitions), as may be amended from time to time, unless context indicates otherwise.
Undefined phrases, terms or words in this section shall have the meanings assigned to
them in 47 U.S.C. § 702, as may be amended from time to time, and, if not defined therein,
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shall have their ordinary meanings. If any definition assigned to any phrase, term or word
in this section conflicts with any federal or state-mandated definition, the federal or state-
mandated definition shall control.
A. “Approval Authority” means the Planning Director, or Planning
Commission on appeal.
B. “Base Station” has the same definition as provided by the FCC in 47
C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as a
structure or equipment at a fixed location that enables [FCC]-licensed or
authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined
in [47 C.F.R. § 1.40001(b)(9)] or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul. The term includes, but is not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including distributed antenna systems and small-cell
networks). The term includes any structure other than a tower that, at the
time the relevant application is filed with the state or local government under
this section, supports or houses equipment described in subsections (1)-
(2), codified as 47 C.F.R. § 1.40001(b)(1)(i)-(ii) that has been reviewed and
approved under the applicable zoning or siting process, or under another
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state or local regulatory review process, even if the structure was not built
for the sole or primary purpose of providing such support. The term does
not include any structure that, at the time the relevant application is filed
with the State or local government under this section, does not support or
house equipment described in subsections (1)-(2), codified as 47 C.F.R. §
1.40001(b)(1)(i)-(ii).
C. “Collocation” has the same definition as provided by the FCC in 47 C.F.R.
§ 1.40001(b)(2), as may be amended, which defines that term as the
mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency
signals for communications purposes. As an illustration and not a limitation,
the FCC’s definition effectively means “to add” and does not necessarily
refer to more than one personal wireless service facility installed at a single
site.
D. “CPCN” means a “Certificate of Public Convenience and Necessity”
granted by the CPUC or its duly appointed successor agency pursuant to
California Public Utilities Code §§ 1001 et seq., as may be amended.
E. “CPUC” means the California Public Utilities Commission established in
the California Constitution, Article XII, § 5, or its duly appointed successor
agency or agencies.
F. “FAA” means the Federal Aviation Administration or its duly appointed
successor agency.
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G. “FCC” means the Federal Communications Commission or its duly
appointed successor agency.
H. “OTARD” means an over-the-air reception device subject to 47 C.F.R. §§
1.4000 et seq., as may be amended, and which includes without limitation
satellite television dishes not greater than one meter in diameter.
I. “Personal Wireless Services” means the same as defined in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended, which defines the term as commercial
mobile services, unlicensed wireless services and common carrier wireless
exchange access services.
J. “Personal Wireless Service Facilities” means the same as defined in 47
U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as
facilities that provide personal wireless services.
K. “Public Right-Of-Way” means any public street, alley, sidewalk, or
parkway that is owned or granted by easement, operated, or controlled by
the City.
L. “RF” means radio frequency or electromagnetic waves between 30 kHz
and 300 GHz in the electromagnetic spectrum range.
M. “Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act, Pub. L. No. 112 -96, 126 Stat. 156 (Feb. 22, 2012),
codified as 47 U.S.C. § 1455(a), as may be amended or superseded.
N. “Temporary Personal Wireless Service Facilities” means portable
wireless communication facilities intended or used to provide personal
wireless services on a temporary or emergency basis, such as a large-scale
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special event in which more users than usual gather in a confined location
or when a disaster disables permanent personal wireless service facilities.
Temporary personal wireless service facilities include, without limitation,
cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks
(“COLTs”) or other similarly portable wireless communication facilities not
permanently affixed to the site or land upon which it is located.
O. “Tower” has the same definition as provided by the FCC in 47 C.F.R. §
1.40001(b)(9), as may be amended, which defines that term as any
structure built for the sole or primary purpose of supporting any [FCC]-
licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services
including, but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul, and the associated site. Examples include, but are not
limited to, monopoles, mono-trees and lattice towers.
P. “Transmission Equipment” has the same definition as provided by the
FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that
term as equipment that facilitates transmission for any [FCC]-licensed or
authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with
wireless communications services including, but not limited to, private,
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broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul.
Q. “Wireless” means any FCC-licensed or authorized wireless
communication service transmitted over frequencies in the electromagnetic
spectrum.
9.32.030 Applicability
A. Applicable Facilities. This chapter applies to all personal wireless service
facilities within the City and all applications and requests for approval to
construct, install, modify, collocate, relocate or otherwise deploy personal
wireless service facilities in the City, unless exempted pursuant to Section
9.32.030(b).
B. Exempt Facilities. Notwithstanding Section 9.32.030(a), the provisions in
this chapter shall not be applicable to:
1. facilities installed in the public right-of-way governed by Chapter 7.70
(Public Right-Of-Way Wireless Communication Facilities) of this
Code;
2. amateur radio facilities;
3. OTARD antennas;
4. personal wireless service facilities installed completely indoors and
not visible to the public intended to extend signals for personal
wireless services in a personal residence or a business (such as a
femtocell or indoor distributed antenna system); and
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5. personal wireless service facilities or equipment owned and operated
by CPUC-regulated electric companies for use in connection with
electrical power generation, transmission and distribution facilities
subject to CPUC General Order 131-D.
C. Requests for Approval Pursuant to Section 6409(a). Any request to
collocate, replace or remove transmission equipment at an existing tower
or base station submitted with a written request for approval under Section
6409(a) shall be processed administratively pursuant to the standards and
procedures established by the Director, in accordance with federal law.
9.32.040 Permits Required
A. Minor Use Permit. A minor use permit, subject to the Planning Director’s
prior review and approval in accordance with Chapter 9.41 (Minor Use
Permits and Conditional Use Permits), is required for all personal wireless
services facilities except for those that are exempt under Section
9.32.030(b) or that are governed by Section 9.32.030(c).
B. Other Permits and Regulatory Approvals. In addition to any minor use
permit or other permit required under this Chapter, the applicant must obtain
all other required permits and other regulatory approvals from the City, and
state and federal agencies. Any minor use permit or other permit granted
under this chapter shall be subject to the conditions and/or other
requirements in any other required permits or other regulatory approvals.
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C. Proprietary Approvals. Nothing in this Chapter shall be deemed to waive
any required proprietary approvals for siting of personal wireless service
facilities on privately or publicly owned property or improvements.
9.32.050 Permit Applications
A. Application Requirement. The City shall not accept, approve, or deny any
personal wireless service facility subject to this Chapter except upon a duly
filed application pursuant to Section 9.37.020 and any other written rules
the Director may publish in any publicly-stated format.
B. Minimum Application Content. The materials required under this section
are minimum requirements for any application for any personal wireless
service facility:
1. Application Form. The Director shall prepare and issue application
forms and lists that specify the information that will be required from
applicants for projects subject to the provisions of this Ordinance,
laws, and applicable court decisions.
2. Application Fee. The City Council may approve by resolution a
Municipal Fee Schedule that establishes cost-based fees for permits,
appeals, amendments, information materials, penalties, copying,
and other such items. These fees may be amended by the City
Council.
C. Procedures for a Duly Filed Application. The City shall accept
applications filed in accordance with the provisions in this Section.
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1. Submittal Appointment. All applications must be filed with the City
at a pre-scheduled appointment. Applicants may generally submit
one application per appointment but may schedule successive
appointments for multiple applications whenever feasible and not
prejudicial to other applicants. Any application received without an
appointment, whether delivered in-person or through any other
means, will not be deemed as filed.
2. Appointment Scheduling Procedures. A pre-scheduled
appointment may be scheduled by contacting the City Planning
Division. No application shall be tendered to or accepted by the City
during any of the following periods: (i) any time the City Hall is closed
to the public; (ii) any legal holiday observed by the City; (iii) the week
of Thanksgiving; and (iv) three business days prior to July 4,
December 25, and January 1.
D. Applications Deemed Withdrawn. To promote efficient review and timely
decisions by the City, an application will be automatically deemed
withdrawn without prejudice by the applicant when the applicant fails to
tender a substantive response to the City within ninety (90) calendar days
after the City deems the application incomplete in a written notice to the
applicant. The Planning Director may, in the Planning Director’s discretion,
grant a written extension for up to an additional thirty (30) calendar days
when the applicant delivers to the City a written request prior to the 90th
day that shows good cause to grant the extension. Delays due to
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circumstances outside the applicant’s reasonable control shall be
considered good cause to grant the extension.
E. Departmental Forms, Rules and Other Regulations. The City Council
authorizes the Planning Director to develop and publish permit application
forms, checklists, informational handouts and other related materials for this
chapter. Without further authorization from the City Council, the Planning
Director may from time-to-time update and alter the permit application
forms, checklists, informational handouts and other relate d materials as the
Planning Director deems necessary or appropriate to respond to regulatory,
technological or other changes related to this chapter. The City Council
further authorizes the Planning Director to establish other reasonable rules
and regulations, which may include without limitation regular hours for
appointments with applicants, as the Planning Director deems necessary or
appropriate to organize, document and manage the application intake
process. All such rules and regulations must be in written form and publicly
stated to provide applicants with prior notice.
9.32.060 Decisions
A. Notice
1. General Notice Required for the Application. Public notice as
provided in Chapter 9.41 will be required for any minor use permit.
The approval authority shall not act on any application for a personal
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wireless service facility unless the public notice required by law has
occurred.
2. Deemed-Approval Notice Procedures. Not more than thirty (30)
days before the applicable FCC timeframe for review expires, and in
addition to the public notice required in Section 9.32.60(a)(1), above,
an applicant for a minor use permit must provide a posted notice at
the project site that states the project shall be automatically deemed
approved pursuant to California Government Code § 65964.1 unless
the City approves or denies the application or the applicant tolls the
timeframe for review within the next thirty (30) days. The posted
notice must be compliant with the provisions in this chapter. The
public notice required under this Section 9.32.060(a)(2) shall be
deemed given when the applicant delivers written notice to the
Planning Director that shows the appropriate notice has been posted
at the project site.
3. Decision Notices. In accordance with Section 9.37.070(d), within
two (2) working days after the approval authority approves,
conditionally approves or denies an application for a personal
wireless service facility or before the FCC timeframe for review
expires (whichever occurs first), the approval authority shall send a
written determination to the applicant and all other parties entitled to
receive notice. For any denial notice, the approval authority shall
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include the reasons for the denial either in the notice or as a separate
written document.
B. Required Findings for Approval. The approval authority shall only
approve or conditionally approve a duly filed application for a minor use
permit if the approval authority determines that the project, as submitted or
modified, conforms to all the following criteria. The inability to make one or
more of the findings is grounds for denial of an application.
1. The proposed use is consistent with the General Plan and any
applicable specific plan;
2. the physical location or placement of the use on the site is compatible
with and relates harmoniously to the surrounding neighborhood or
other built and natural environment;
3. the proposed personal wireless service facility complies with all
applicable development standards described in Section 9.32.080;
4. the applicant has demonstrated that its proposed facility shall be in
compliance with all applicable FCC rules and regulations for human
exposure to RF emissions;
5. the applicant has demonstrated a good-faith effort to identify and
evaluate more-preferred locations and potentially less-intrusive
designs; and
6. the applicant has provided the approval authority with a meaningful
comparative analysis that shows all less-intrusive alternative
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locations and designs identified in the administrative record are
either technically infeasible or not potentially available .
C. Conditional Approvals. The approval authority may impose any
reasonable conditions on any minor use permit, related and proportionate
to the subject matter in the application, as the approval authority deems
necessary or appropriate to promote and ensure conformance with the
General Plan, any applicable specific plan and all applicable provisions in
the Santa Monica Municipal Code.
D. Limited Exception for Personal Wireless Service Facilities. The
Planning Director shall not grant any limited exceptions to the requirements
of this Chapter unless all of the following findings can be made:
1. The proposed facility qualifies as a “personal wireless service facility”
as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or
superseded;
2. The applicant has provided the Planning Director with a reasonable
and clearly defined technical service objective to be achieved by the
proposed facility;
3. The applicant has provided the Planning Director with a written
statement that contains a detailed and fact-specific explanation as to
why the proposed facility cannot be deployed in compliance with the
applicable provisions in this Chapter, the Santa Monica Municipal
Code, the general plan and/or any specific plan;
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4. The applicant has provided the Planning Director with a meaningful
comparative analysis with the factual reasons why all alternative
locations and/or designs identified in the administrative record
(whether suggested by the applicant, the City, public comments or
any other source) are not technically feasible or potentially available
to reasonably achieve the applicant’s reasonable and clearly defined
technical service objective to be achieved by the proposed facility;
and
5. The applicant has demonstrated that the proposed location and
design is the least non-compliant configuration that shall reasonably
achieve the applicant’s reasonable and clearly defined technical
service objective to be achieved by the proposed facility, which
includes without limitation a meaningful comparative analysis into
multiple smaller or less intrusive facilities dispersed throughout the
intended service area.
E. Appeals. Any person or entity may appeal a decision by the Planning
Director in accordance with the standards and procedures set forth in
Section 9.37.130. Environmental effects from RF emissions that comply
with all applicable FCC regulations shall not be grounds for an appeal.
9.32.070 Site Location Guidelines
A. Prohibited Locations. No personal wireless service facilities shall be
located in any residential zone.
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B. Exception to Prohibited Locations. Personal wireless service facilities
may be located in residential zones only on parcels without any residential
uses as of June 6, 2018.
9.32.080 Design Standards
A. Generally Applicable Development Standards. All new personal wireless
service facilities and all collocations or modifications to existing personal
wireless service facilities not subject to Section 6409(a) must conform to the
generally applicable development standards in this Section 9.32.080(a) in
order to mitigate impacts on adjacent properties.
1. Concealment. Personal wireless service facilities must incorporate
concealment elements, measures and techniques that blend the
equipment and other improvements into the natural and/or built
environment in a manner consistent and/or compatible with the uses
germane to the underlying zoning district and existing in the
immediate vicinity.
2. Overall Height. Ground-mounted towers may not exceed the
applicable height limit for structures in the applicable zoning district.
Rooftop personal wireless service facilities may not extend beyond
15 feet above the roofline.
3. Setbacks. Personal wireless service facilities may not encroach into
any applicable setback for structures in the subject zoning district.
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4. Noise. Personal wireless service facilities and all accessory
equipment and transmission equipment must comply with all noise
regulations, which includes without limitation Chapter 4.12 (Noise),
and shall not exceed, either individually or cumulatively, the
applicable ambient noise limit in the subject zoning district. The
approval authority may require the applicant to incorporate
appropriate noise-baffling materials and/or strategies whenever
necessary to avoid any ambient noise from equipment reasonably
likely to exceed the applicable limit.
5. Landscaping. Personal wireless service facilities must include
landscape features when proposed in a landscaped area. The
approval authority may require additional landscape features to
screen the facility from public view, avoid or mitigate potential
adverse impacts on adjacent properties or otherwise enhance the
concealment required under this chapter. The permittee shall be
responsible for maintenance of and replacement of all landscaping.
6. Security Measures. Personal wireless service facilities may
incorporate reasonable and appropriate security measures, such as
fences, walls and anti-climbing devices, to prevent unauthorized
access, theft and vandalism. Security measures must be designed
to enhance concealment to the maximum extent possible. The
approval authority may require additional concealment elements as
the approval authority finds necessary to blend the security
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measures and other improvements into the natural and/or built
environment. The approval authority shall not approve barbed wire,
razor ribbon, electrified fences or any similar security measures that
may cause serious injury or death.
7. Backup Power Sources. The approval authority may approve
permanent backup power sources and/or generators on a case -by-
case basis. The City strongly favors non- and low-polluting backup
power sources such as fuel cells and natural gas generators, and
strongly disfavors backup power sources that pollute such as diesel
and gasoline generators. The approval authority shall not approve
any diesel or gasoline generators or other similarly noisy or noxious
generators in or within 1,000 feet from any residence, park, or beach;
provided, however, the approval authority may approve sockets or
other connections used for temporary backup generators.
8. Lights. Personal wireless service facilities may not include exterior
lights other than (i) as may be required under FAA, FCC or other
applicable governmental regulations; and (ii) timed or motion -
sensitive lights for security and/or worker safety. All exterior lights
permitted or required to be installed must be installed in locations
and within enclosures that avoids illumination impacts on other
properties to the maximum extent feasible. FAA or FCC required
aircraft warning lighting shall to the maximum extent feasible use
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lighting shielded from view from any human -occupied structure
within the City.
9. Signage; Advertisements. All personal wireless service facilities
must include signage that continuously and accurately identifies the
equipment owner/operator, the owner/operator’s site name or
identification number, as well as a local or toll-free number to the
owner/operator’s network operations center. Personal wireless
service facilities must not bear any other signage or advertisements
unless expressly approved by the City, required by law or
recommended by the FCC, CPUC, or other United States or State
governmental agencies.
10. Future Collocations. All personal wireless service facilities must be
designed and sited in a manner that contemplates future collocations
and shall facilitate additional equipment to be integrated into the
proposed facility or associated structures with no or negligible visual
changes to its outward appearance to the greatest extent feasible.
11. Utilities. All cables and connectors for telephone, primary electric
and other similar utility services must be routed underground to the
extent feasible in conduits large enough to accommodate future
collocated facilities. The approval authority shall not approve new
overhead utility lines or service drops merely because compliance
with the undergrounding requirements would increase the project
cost.
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12. Compliance with Laws. All personal wireless service facilities must
be designed and sited in compliance with all applicable federal, state
and local laws, regulations, rules, restrictions and conditions, which
includes without limitation the California Building Standards Code,
General Plan and any specific plan, the Santa Monica Municipal
Code and any conditions or restrictions in any permit or other
governmental approval issued by any public agency with jurisdiction
over the project.
B. Freestanding Facilities.
1. Uncamouflaged Towers Prohibited. No new monopole or similar
uncamouflaged or minimally-camouflaged tower shall be permitted.
All freestanding towers must be designed to maximally blend in to its
surroundings and camouflage the personal wireless service facilities
attached thereto.
2. Tower-Mounted Equipment. All tower-mounted equipment must be
mounted as close to the vertical support structure as possible to
reduce its visual profile. Applicants must mount non-antenna, tower-
mounted equipment (including, but not limited to, remote radi o
units/heads, surge suppressors and utility demarcation boxes)
directly behind the antennas to the maximum extent feasible. All
tower-mounted equipment, cables and hardware must be painted
with flat colors and enclosed in camouflage elements subject to the
approval authority’s prior approval.
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3. Ground-Mounted Equipment and Shelters. All ground-mounted
equipment must be concealed within an existing or new structure,
opaque fences or other enclosures. The approval authority may
require additional concealment elements as the approval authority
finds necessary to blend the ground-mounted equipment and other
improvements into the natural and/or built environment.
C. Building-Mounted Facilities.
1. Preferred Concealment Techniques. All applicants should, to the
maximum extent feasible, propose new non-tower facilities that are
completely concealed and architecturally integrated into the existing
facade or rooftop features with no visible impacts from any publicly
accessible areas at ground level (examples include, but are not
limited to, antennas behind existing parapet walls or facades
replaced with RF-transparent material and finished to match the
replaced materials). Alternatively, when integration with existing
building features is not feasible, the applicant should propose
completely concealed new structures or appurtenances designed to
be compatible with the support structure’s original architecture and
proportions (examples include, but are not limited to, cupolas,
steeples, chimneys and water tanks).
2. Façade-Mounted Equipment. All façade-mounted equipment must
be concealed behind screen walls and mounted as flush to the
facade as practicable and painted to match the facade. The approval
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authority may not approve “pop-out” screen boxes or cable trays
unless the design is architecturally consistent with the original
building or support structure.
3. Rooftop-Mounted Equipment. All rooftop-mounted equipment
must be screened from public view with concealment measures that
match the underlying structure in proportion, quality, architectural
style and finish. The approval authority may approve unscreened
rooftop equipment only when it expressly finds that such equipment
is effectively concealed from public view from any ground level
location and from any other structure due to its low height and/or
setback from the roofline.
4. Associated Ground-Mounted Equipment. Outdoor ground-
mounted equipment associated with building-mounted facilities must
be avoided whenever feasible. In publicly visible or accessible
locations, applicants must conceal outdoor ground-mounted
equipment with opaque fences or landscape features that mimic the
adjacent structure(s) such as dumpster corrals and other accessory
structures.
9.32.090 Standard Conditions of Approval
In addition to all other conditions adopted by the approval authority, all minor use
permits, whether approved by the approval authority or deemed approved by the
operation of law, shall be automatically subject to the conditions set forth below:
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A. Approved Plans. Before the permittee submits any applications to the
Building and Safety Division, the permittee must incorporate the permit, all
conditions associated with the permit and the approved photo simulations
into the project plans (the “Approved Plans”). The permittee must
construct, install and operate the facility in strict compliance with the
Approved Plans. Any alterations, modifications or other changes to the
Approved Plans, whether requested by the permittee or required by other
departments or public agencies with jurisdiction over the facility, must be
submitted in a written request subject to the Planning Director’s prior review
and approval, who may refer the request to the original approval authority if
the Planning Director finds that the requested alteration, modification or
other change implicates a significant or substantial land -use concern.
B. Build-out Period. In accordance with Section 9.37.090 Expiration and
Extension, the permit shall automatically expire two years from the issuance
date unless the permittee obtains all other permits and approvals required
to install, construct and/or operate the approved facility, which includes
without limitation any permits or approvals required by the any federal, state
or local public agencies with jurisdiction over the subject property, the facility
or its use. The Planning Director may grant one written extension to a date
certain when the permittee shows good cause to extend the limitations
period in a written request for an extension received by the City prior to the
automatic expiration date in this condition.
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C. Maintenance Obligations; Vandalism. The permittee shall at all times
keep the site, which includes without limitation any and all improvements,
equipment, structures, access routes, fences and landscape features, in a
neat, clean and safe condition in accordance with the Approved Plans and
all conditions in the permit. The permittee shall keep the site area free from
all litter and debris at all times. The permittee, at no co st to the City, shall
remove and remediate any graffiti or other vandalism at the site within 48
hours after the permittee receives notice or otherwise becomes aware
through its own staff including contractors that such graffiti or other
vandalism occurred.
D. Compliance with Laws. The permittee shall maintain compliance at all
times with all federal, state and local statutes, regulations, orders or other
rules that carry the force of law (“Laws”) applicable to the permittee, the
subject property, the facility or any use or activities in connection with the
use authorized in the permit. The permittee expressly acknowledges and
agrees that this obligation is intended to be broadly construed and that no
other specific requirements in these conditions are intended to reduce,
relieve or otherwise lessen the permittee’s obligations to maintain
compliance with all Laws.
E. Inspections; Emergencies. The permittee expressly acknowledges and
agrees that the City or its designee may enter onto the site and inspect the
improvements and equipment upon reasonable prior notice to the
permittee; provided, however, that the City or its designee may, but shall
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not be obligated to, enter onto the site area without prior n otice to support,
repair, disable or remove any improvements or equipment in emergencies
or when such improvements or equipment threatens actual, imminent harm
to property or persons. The permittee shall be permitted to supervise the
City or its designee while such inspection or emergency access occurs.
F. Contact Information. The permittee shall furnish the City Planning Division
with accurate and up-to-date contact information for a person responsible
for the facility, which includes without limitation such person’s full name,
title, direct telephone number, facsimile number, mailing address and email
address. The permittee shall keep such contact information up-to-date at all
times.
G. Indemnification. The permittee and, if applicable, the property owner upon
which the facility is installed shall defend, indemnify and hold harmless the
City, its agents, officers, officials, employees and volunteers from any and
all (1) damages, liabilities, injuries, losses, costs and expenses and from
any and all claims, demands, law suits, writs and other actions or
proceedings (“Claims”) brought against the City or its agents, officers,
officials, employees or volunteers to challenge, attack, seek to modify, set
aside, void or annul the City’s approval of any permit or regulatory approval
authorized by City under this Chapter 9.32, and (2) other Claims any kind
or form, whether for personal injury, death or property damage, that arise
from or in connection with the permittee’s or its agents’, directors’, officers’,
employees’, contractors’, subcontractors’, licensees’, or customers’ acts or
Page 29
omissions in connection with the permit or the facility; provided, however,
the permittee and, if applicable, the property owner upon which the facility
is installed, shall not defend, indemnify, or hold harmless the City, agents,
officers, officials, employees and volunteers due to the negligence, gross
negligence, or willful misconduct of the City, agents, officers, officials,
employees, and volunteers. In the event the City becomes aware any
Claims, the City shall use best efforts to promptly notify the permittee and
the private property owner and shall reasonably cooperate in the defense.
The permittee expressly acknowledges and agrees that the City shall have
the right to approve, which approval shall not be unreasonably withheld, the
legal counsel providing the City’s defense, and the property owner and/or
permittee (as applicable) shall promptly reimburse City for any costs and
expenses directly and necessarily incurred by the City in the course of the
defense. The permittee expressly acknowledges and agrees that the
permittee’s indemnification obligations under this condition are a material
consideration that motivates the City to approve the permit, and that such
indemnification obligations shall survive the expiration or revocation of the
permit.
H. Revocation/Modification of Permit. The original approval authority may
revoke or modify the permit at any time based upon noncompliance with the
Santa Monica Municipal Code or any approval conditions. In accordance
with Section 9.37.120 Revocation/Modification of Permits, the approval
authority may revoke the permit or amend these conditions as the approval
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authority deems necessary or appropriate to correct any such
noncompliance.
I. Duty to Retain Records. The permittee must maintain complete and
accurate copies of all permits and other regulatory approvals (the records)
issued in connection with the personal wireless service facility, which
includes without limitation this approval, the approved plans and p hoto
simulations incorporated into this approval, all conditions associated with
this approval and any ministerial permits or approvals issued in connection
with this approval. In the event that the permittee does not maintain such
records as required in this condition or fails to produce true and complete
copies of such records within a reasonable time after a written request from
the City, any ambiguities or uncertainties that would be resolved through an
inspection of the missing records shall be construed against the permittee.
9.32.100 Temporary Personal Wireless Service Facilities
A. Temporary Personal Wireless Service Facilities - Non-Emergencies.
The Planning Director may approve or conditionally approve a temporary
use permit for a temporary personal wireless service facility for a period
between four (4) days and forty-five (45) days, inclusive, in accordance with
Chapter 9.44 only when the Planning Director finds all the following:
1. The proposed temporary personal wireless service facility shall not
exceed 50 feet in overall height above ground level;
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2. the proposed temporary personal wireless service facility complies
with all setback requirements applicable to the proposed location;
3. the proposed temporary personal wireless service facility shall not
involve any excavation or ground disturbance;
4. the proposed temporary personal wireless service facility shall be
compliant with all generally applicable public health and safety laws
and regulations, which includes without limitation maximum
permissible exposure limits for human exposure to RF emissions
established by the FCC;
5. the proposed temporary personal wireless service facility shall not
create any nuisance or violate any noise limits applicable to the
proposed location;
6. the proposed temporary personal wireless service facility shall be
identified with a sign that clearly identifies the site operator and
contains a working telephone number to a live person who can exert
power-down control over the antennas;
7. the proposed wireless temporary personal wireless service facility
shall be removed within five (5) days after the expiration of the
temporary use permit;
8. the applicant has not received any other temporary use permit for
substantially the same location within the previous 90 calendar days;
and
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9. the applicant has not sought approval for any permanent personal
wireless service facility in substantially the same location within the
previous 365 days.
B. Temporary Personal Wireless Service Facilities - Emergencies.
1. Temporary personal wireless service facilities may be placed and
operated within the City for more than three (3) days without a
temporary use permit only when a duly-authorized federal, state,
county or City official declares an emergency within the City, or a
region that includes the City in whole or in part at the location of the
temporary personal wireless service facility.
2. By placing the temporary personal wireless service facility pursuant
to this Section 9.32.100(b), the entity or person placing the temporary
personal wireless service facility agrees to and shall defend,
indemnify and hold harmless the City, its agents, officers, officials,
employees and volunteers from any and all (1) damages, liabilities,
injuries, losses, costs and expenses and from any and all claims,
demands, law suits, writs and other actions or proceedings (“Claims”)
brought against the City or its agents, officers, officials, employees
or volunteers for any and all Claims of any nature related to the
installation, use, non-use, occupancy, removal, and disposal of the
temporary personal wireless service facility; provided, however, the
permittee and, if applicable, the property owner upon which the
facility is installed, shall not defend, indemnify, or hold harmless the
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City, agents, officers, officials, employees and volunteers due to the
negligence, gross negligence, or willful misconduct of the City,
agents, officers, officials, employees, and volunteers.
3. The temporary personal wireless service facility shall prominently
display upon it a legible notice identifying the entity responsible for
the placement and operation of the temporary personal wireless
service facility.
4. Any temporary personal wireless service facilities placed pursuant to
this Section 9.32.100(b) must be removed within (a) five (5) days
after the date the emergency is lifted or (b) upon three (3) days
written notice from the Planning Director or City Manager or (c) within
one (1) hour if required for public safety reasons by City police or fire
officials (whichever occurs first). In the event that the temporary
facility is not removed as required in this Section 9.32.100(b), the
City may at its sole election may remove and store or remove and
dispose of the temporary facility at the sole cost and risk of the
person or entity placing the temporary facility.
C. The Planning Director’s decision pursuant to Subsection A, above, shall be
final and not subject to further administrative appeal.
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9.32.110 Compliance Obligations
An applicant or permittee shall not be relieved of its obligation to comply with every
applicable provision in the Santa Monica Municipal Code, any permit, any permit condition
or any applicable law or regulation by reason of any failure by the City to timely notice,
prompt or enforce compliance by the applicant or permittee.
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.
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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 fifteen (15) days after its adoption. This Ordinance shall become
effective thirty (30) days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
Approved and adopted this 28th day of August, 2018.
_____________________________
T e d W i n t e r e r , M a y o r
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. 2583 (CCS) had its introduction
on August 14, 2018, and was adopted at the Santa Monica City Council meeting
held on August 28, 2018, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O’Connor, O’Day, Vazquez,
Mayor Winterer
NOES: None
ABSENT: Mayor Pro Tem Davis
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2583 (CCS) was duly published pursuant to
California Government Code Section 40806.
Ted Winterer (Sep 20, 2018)
Ted Winterer
Sep 21, 2018