O25951
City Council Meeting : January 8, 2019 Santa Monica, California
ORDINANCE NUMBER 2595 (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 7.70 PERTAINING TO PERSONAL WIRELESS
SERVICE FACILITIES IN THE PUBLIC RIGHT-OF-WAY
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, 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 certain wireless facilities; and
WHEREAS, Section 6409(a) generally requires that a state and local government “may
not deny, and shall approve” certain applications for changes to existing sites that co-locate,
remove, or replace transmission equipment at an existing wireless tower or base station; and
WHEREAS, regulations issued by the Federal Communications Commission (FCC)
generally preempt subjective land-use regulations, preempt local regulations that prohibit or
effectively prohibit the provision of wireless services, and impose reasonable review timeframes
to provide applicants with a judicial remedy when the State or local government fails to approve
or deny the request within the reasonable timeframes established by the FCC; and
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WHEREAS, California Public Utilities Code sections 7901 and 7901.1 authorize the
installation of personal wireless service facilities in the public right-of -way by right, as long as such
installations do not interfere with public use of the public right-of-way and are subject to
reasonable controls imposed by the City as to time, place , and manner in which the public right -
of-way is accessed; and
WHEREAS, the City’s existing telecommunications ordinance, which is applicable to
personal wireless installations in the public right-of-way, is obsolete and must be updated to
comply with current federal and state 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 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 FCC’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 ; and
WHEREAS, the adoption of this ordinance is necessary to ensure that the City’s
regulation of p ersonal wireless facilities in the public right-of -way is consistent with federal and
state laws, does not interfere with public use of the public right -of- way, and preserves public
peace, health, and safety, to the extent allowed under federal and state laws.
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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 is hereby repealed in its
entirety and fully restated as follows:
Chapter 7.70 PERSONAL WIRELESS SERVICE FACILITIES IN THE PUBLIC RIGHT-OF-WAY
7.70.010 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 within the public right -of-way, consistent with and
to the extent permitted under federal and California state law. The regulations set forth in this
Chapter are intended and shall be applied to protect and promote public health, safety, and
welfare; retain the aesthetic character of the City; and ensure that residents, visitors, businesses,
and government services in the City have reliable access to the state -of -the-art wireless
telecommunications networks.
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 pr ovider’s ability to provide
any interstate or intrastate telecommunications service, subject to any competitively
neutral and nondiscriminatory rules or regulations;
(c) unreasonably discriminate among providers of functionally equivalent services;
(d) deny 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 FCC’s regulations concerning such
emissions;
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(e) prohibit any collocation or modification that the City may not deny under federal or
California state law; or
(f) otherwise authorize the City to preempt any applicable federal or California state law
or regulation.
7.70.020 Definitions
The abbreviations, phrases, terms, and words shall have the meanings assigned to them in this
Section. 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) Accessory Equipment. Any equipment serving or being used in conjunction with
antennas that have been established for the purpose of providing personal wireless
services up to the point of connection with a larger fiber optic or power network. This
equipment includes, but is not limited to, utility or transmission equipment, power
supplies, generators, batteries, cables, wires, conduits, equipment buildings, cabinets,
storage sheds, shelters, vaults, or other structures.
(b) Antenna. A device used to transmit and/or receive radio or electromagnetic waves for
the provision of personal wireless services. This definition does not apply to broadcast
antennas, antennas designed for amateur radio use, or satellite dishes designed for
residential or household purposes.
(c) Applicant. An entity that possesses the appropriate legal authority to construct, install,
modify, collocate, relocate, or otherwise deploy personal wireless service facilities in the
public right-of-way.
(d) Base Station. The same meaning as it is defined in 47 CFR Sec tion 1.40001(b)(1).
(e) City Engineer. The City Engineer or his/her designee.
(f) Code. Santa Monica Municipal Code.
(g) Collocation. The same meaning as it is defined by the FCC.
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(h) Day. Unless specifically set out in this Chapter, a “day” shall mean one calendar day.
(i) Existing. The same meaning as it is defined in 47 CFR Section 1.40001(b)(5).
(j) Eligible Facilities Request. The same meaning as it is defined in 47 CFR Section
1.40001(b)(3).
(k) FCC. Federal Communications Commission.
(l) Laws. Any and all applicable federal, state and local ordinances, resolutions,
regulations, administrative orders, or other legal requirements.
(m) Modify. Changing an existing personal wireless service facility in any manner. This
includes, but is not limited to, increases to the power output of the p ersonal wireless
service facility and physical changes to the personal wireless service facility.
(n) Permittee. The owner of a personal wireless service facility that has obtained permission
through issuance of a Wireless Facility Permit or 6409(a) Permit to construct, install,
modify, collocate, relocate, or otherwise deploy personal wireless service facilities in the
public right-of-way. Said owner shall possess the appropriate legal authority to construct,
install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities
in the public right-of-way.
(o) Person. An individual or legal entity that is recognized by law as the subject of rights
and duties.
(p) Personal Wireless Services. The same meaning as it is defined in 47 USC Section
332(c)(7)(C)(i).
(q) Personal Wireless Service Facilities. The same meaning as it is defined in 47 USC
Section 332(c)(7)(C)(ii).
(r) Public Right-of-Way. Any public street, alley, sidewalk, or parkway, and the space on,
above, or below it, that is owned or granted by easement, operated, or controlled by the
City.
(s) Public Works Director. The Public Works Director or his/her designee.
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(t) Section 6409(a). 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 USC Section 1455(a)
and implemented pursuant to 47 CFR Section 1.40001.
(u) Site. The same meaning as it is defined in 47 CFR Section 1.40001(b)(6).
(v) Substantial Change. The same meaning as it is defined in 47 CFR 1.40001(b)(7).
(w) Tower. The same meaning as it is defined in 47 CFR Section 1.40001(b)(9).
(x) Transmission Equipment. The same meaning as it is defined in 47 CFR Section
1.40001(b)(8).
(y) Unlicensed Wireless Service. The same meaning as it is defined in 47 USC Section
332(c)(7)(C)(iii).
7.70.030 Applicability
This Chapter applies to all personal wireless service facilities as follows:
(a) All facilities for which applications were not approved prior to the effective date of this
Chapter shall be subject to and comply with all provisions of this Chapter; and
(b) All facilities, notwithstanding the date approved, shall be subject immediately to:
(1) 7.70.130 Radio Frequency Exposure Monitoring Requirements;
(2) 7.70.140 Operation and Maintenance Standards;
(3) 7.70.190 Abandonment;
(4) 7.70.210 Removal and Restoration;
(5) 7.70.230 Insurance and Bond; and
(6) 7.70.240 Indemnity.
(c) Exempt Facilities. Notwithstanding Sections 7.70.030(a) and 7.70.030(b), the
provisions in this Chapter shall not be applicable to:
(1) Personal wireless service facilities or equipment owned and operated by California
Public Utilities Commission-regulated electric companies for use in connection
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with electrical power generation, transmission, and distribution facilities subject to
California Public Utilities Commission General Order 131-D;
(2) Personal wireless service facilities that are constructed for City use or by the City
to exclusively provide unlicensed wireless services, such as Wi -Fi;
(3) Facilities that are for the purpose of wireless-based reading of water, gas, or
electric meters;
(4) Amateur radio facilities;
(5) Over the Air Reception Devices (“OTARD”) antennas; and
(6) Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement.
7.70.040 Departmental Standards, Forms, and Other Regulations
Th e City Council authorizes the Public Works Director to develop and publish a Public Right -of-
Way Personal Wireless Service Facility Standards and Regulations document to supplement the
regulations set forth in this Chapter. In addition, the City Council au thorizes the Public Works
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
Public Works Director may from time-to-time update and alter the Public Right-of-Way Wireless
Service Facility Standards and Policies, permit application forms, checklists, informational
handouts, and other related materials as the Public Works Director deems necessary or
appropriate. The City Council further authorizes the Public Works Director to establish other
reasonable rules and regulations, which may include without limitation regular hours for
appointments with applicants and inspection procedures, as the Public Works Director deem s
necessary or appropriate to organize, document, and manage the application, permitting,
construction, and other processes related to personal wireless service facilities. All such rules and
regulations must be in written form and posted on the City’s web site.
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7.70.050 Permits Required
(a) Wireless Facility Permit. A Wireless Facility Permit is required to construct, install,
modify, collocate, relocate, or otherwise deploy a personal wireless service facility in the
public right-of-way except eligible facilities requests regulated pursuant to Section
7.70.050(b).
(b) 6409(a) Permit. A 6409(a) Permit is required for all eligible facilities requests filed
pursuant to Section 6409(a).
(c) Wireless Telecommunications Construction Permit. No work in the public right-of-
way shall occur unless a Wireless Telecommunications Construction Permit has been
properly issued, and only the work described therein shall occur.
(d) Other Permits and Regulatory Approvals. In addition to any permit required under this
Chapter, the applicant must obtain and comply with all other required authorizations and
permits and all other regulatory approvals from all City departments, and state and
federal agencies.
(e) 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.
(f) Non-Exclusive Grant. No permit or approval granted under this Chapter shall confer
any exclusive right, privilege, license or franchise to occupy or use the public right -of-
way of the City for any purpose whatsoever. Further, no approval shall be construed as
any warranty of title.
7.70.060 Permit Applications
(a) Application Requirement. Except as provided in subsection (c) herein, the City shall not
accept, approve, or deny any personal wireless service facility subject to this Chapter
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except upon a duly filed application pursuant to this Chapter and the Public Right -of-Way
Personal Wireless Service Facility Standards and Regulations.
(b) Procedures for a Duly Filed Application. The City shall accept applications filed in
accordance with the provisions in this Section.
(1) Application Form. The Public Works Director shall develop and from time-to-time
revise the application form. The current application form shall be published by
being available in paper form at the Public Works counter. Additionally, the form
may be published on the City’s web site.
(2) Submittal Appointment. All applications must be filed in person 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
attempted to be tendered without an appointment, whether delivered in -person or
through any other means, shall not be deemed as filed.
(3) Appointment Scheduling Procedures. A pre-scheduled appointment can only
be set by contacting the City’s Public Works Department. No application shall be
tendered to or accepted by the City during any of the following periods: (i) any time
Public Works counter is closed to the public; (ii) any legal holid ay observed by the
City; (iii) the week of Thanksgiving; and (iv) three business days prior to July 4,
December 25, and January 1.
(c) Wireless Telecommunications Construction Permit Applications. An application for
a Wireless Telecommunications Construction P ermit shall comply with the procedures
stated in this Section except that no submittal appointment shall be required , and an
application may be presented in person at any time that the Public Works counter is open
to the public.
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7.70.070 Applications Deemed Withdrawn
If an application is deemed incomplete, the City shall notify the applicant as to what information
is needed in order to deem the application complete. The applicant must provide all requested
information within sixty (60) days of being notified by the City that the application is incomplete or
the application shall be deemed withdrawn without prejudice by the applicant. If the applicant
delivers to the City a written request prior to the sixtieth (60th) day to extend the response time,
the Public Works Director may grant a written extension where the applicant provides good cause
to grant the extension. The extension, if granted, may be for up to an additional thirty (30)
calendar days. No additional extensions shall be granted.
7.70.080 Fees
The City Council may approve by resolution a Municipal Fee Schedule that establishes cost -
based fees for permits, consulting costs, inspections, enforcement, appeals, amendments,
noticing, informational materials, penalties, copies, and other such items as required by this
Chapter. These fees may be amended by the City Council.
7.70.090 Wireless Facility Permit Applications
(a) Decision Notices. Within five (5) days after the Public Works Director approves,
conditionally approves, or denies a Wireless Facility Permit Application, the Public Works
Director shall transmit a written determination to the applicant at the email address
provided on the application. The Public Works Director shall also post the written
determination on the City’s website. For any denial notice, the Public Works Director
shall include the reasons for the denial either in the notice or as a separate written
document, and shall also place a copy of the denial notice in the written administrative
record for the project.
(b) Required Findings for Approval. The Public Works Director shall only approve or
conditionally approve a duly filed application for a Wireless Facility Permit i f the Public
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Works Director determines that the project, as submitted or modified, conforms to all the
following criteria.
(1) The proposed personal wireless service facility complies with all applicable
requirements described in this Chapter 7.70 and in the Public Right-of-Way
Personal Wireless Service Facility Standards and Regulations;
(2) The proposed personal wireless service facility complies with all other laws,
including without limitation state and federal law.
The inability to make one or more of the findings required in this Chapter is grounds
for denial of an application.
(c) Conditional Approvals. The Public Works Director may impose any reasonable
condition or conditions on any Wireless Facility Permit, related and proportionate to the
subject matter in the application, as the Public Works Director deems necessary or
appropriate for the preservation of public health and safety.
7.70.100 6409(a) Permit Applications
(a) Decision Notices. Within five (5) days after the Public Works Director approves,
conditionally approves, or denies a 6409(a) Permit Application, the Public Works Director
shall transmit a written determination to the applicant at the email address provided on
the application. Additionally, within five (5) days after the Public Works Director
approves, conditionally approves, or denies a 6409(a) Permit Application, the Public
Works Director shall post the written determination on the City’s website. For any denial
notice, the Public Works Director shall include the reasons for the denial either in the
notice or as a separate written document.
(b) Required Findings for Approval. The Public Works Director shall only approve or
conditionally approve a duly filed application for a 6409(a) Permit if the Public Works
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Director determines that the project, as submitted or modified, conforms to all the
following criteria.
(1) The proposed personal wireless service facility complies with all applicable
requirements described in this Chapter 7.70 and in the Public Right -of-Way
Personal Wireless Service Facility Standards and Regulations;
(2) The proposed personal wireless service facility complies with all other laws,
including without limitation state and federal law;
(3) The 6409(a) Permit Application constitutes an eligible facilities request; and
(4) The 6409(a) Permit Application does not constitute a substantial change.
The inability to make one or more of the findings required in this Chapter is grounds for
denial of an application.
(c) Conditional Approvals. As permitted by law, the Public Works Director may impose
conditions on any 6409(a) Permit for the preservation of public health and safety.
7.70.110 Limited Exception for Wireless Facility Permits Applications
The Public Works Director shall not grant any limited exception for a Wireless Facility Permit
Application pursuant to this Section 7.70.110 unless the Public Works Director finds all the
following:
(a) The proposed facility qualifies as a “personal wireless service facility” as defined in 47
USC Section 332(c)(7)(C)(ii);
(b) The applicant has provided the Public Works Director with a reasonable and clearly
defined technical service objective to be achieved by the proposed facility;
(c) The applicant has provided the Public Works 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 and the Code,
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including the Public Right-of-Way Personal Wireless Service Facility Standards and
Regulations;
(d) The applicant has provided the Publ ic Works 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, or any other
source) are not technically f easible or potentially available to reasonably achieve the
applicant’s reasonable and clearly defined technical service objective to be achieved by
the proposed facility; and
(e) 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.
7.70.120 Permit Expiration and Deadlines
(a) Wireless Facility Permits and 6409(a) Permits
(1) Expiration. Unless a shorter period is permitted or preempted by law, a Wireless
Facility Permit or 6409(a) Permit for any personal wireless service facility shall be valid
for a period of ten (10) years from the date of issuance, unless such permit is
terminated pursuant to Section 7.70.150 , revoked pursuant to Section 7.70.160, or
becomes null and void pursuant to Section 7.70.120(a)(3). At the end of ten (10) years
from the date of issuance, such permit shall automatically expire.
(2) Permit Renewal. A permittee may apply for a new Wireless Facility Permit or 6409(a)
Permit no earlier than eighteen (18) months nor later than six (6) months prior to
expiration of the expiring permit. Said application and proposal shall comply with the
City’s code and application requirements in effect at the time of said application.
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(3) Time to Obtain Wireless Telecommunications Construction Permit. For any
Wireless Facility Permit or 6409(a) Permit granted under this Chapter, the permittee
shall obtain a Wireless Telecommunications Construction Permit to perform the work
within one hundred eighty (180) days of issuance of the Wireless Facility Permit or
6409(a) Permit. Failure to obtain a Wireless Facility Telecommunications Construction
Permit pursuant to this Section 7.70.120(a)(3) shall automatically render the Wireless
Facility Permit or 6409(a) Permit null and void.
(b) Wireless Telecommunications Construction Permit
(1) Time to Commence Work. For any Wireless Telecommunications Construction
Permit granted under this Chapter, the permittee shall commence work within one
hundred eighty (180) days from the date of issuance of this permit.
(2) Time to Complete. The permittee shall complete work within one hundred eighty (180)
days from the date of commencing work pursuant to Section 7.70.120(b)(1).
(3) Extensions. The Public Works Director may grant up to a maximum of two (2) written
extensions of time from the stated periods in Sections 7.70.120(b)(1) and
7.70.120(b)(2) where the permittee provides good cause to grant the extension. An
extension, if granted, may be for up to an additional forty-five (45) days .
(4) Expiration. Where a permittee of a Wireless Telecommunications Construction Permit
fails to comply with this Section 7.70.120, the permit shall automatically expire.
(5) Permit Renewal. Before any work authorized under an expired Wireless
Telecommunications Construction Permit can be recommenced, the permittee shall
file an application for a permit renewal pursuant to the Public Right-of-Way Wireless
Facility Standards and Regulations. Renewal permits shall be subject to a permit
renewal fee and the Public Right-of-Way Wireless Facility Standards and Policies in
effect at the time of filing for permit renew al.
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7.70.130 Radio Frequency Exposure Monitoring Requirements
(a) FCC Compliance. The City shall not approve any permit that does not demonstrate
planned compliance with the FCC’s regulations concerning radio frequency exposure.
(b) Pre-Installation Reporting. As part of any application required under this Chapter, the
applicant shall provide to the City a radio frequency electromagnetic energy report
pursuant to the requirements set forth in the Public Right -of-Way Personal Wireless
Service Facility Standards and Regulations.
(c) Post-Installation Certification. Within 30 days of commencing operation of a personal
wireless service facility, the permittee shall provide to the Public Works Director a post -
installation certification confirmi ng, under penalty of perjury, that the actual emissions
from the personal wireless service facility do not exceed that disclosed in the pre -
installation report submitted pursuant to Section 7.70.1 30(b).
(d) Annual Certification. Within thirty (30) days of the anniversary date of the permit, the
permittee shall provide to the Public Works Director a post -installation certification
confirming, under penalty of perjury, that the personal wireless service facility is
compliant with FCC regulations concerning radio frequency emissions.
7.70.140 Operation and Maintenance Standards
All personal wireless service facilities must comply at all times with the following operation and
maintenance standards:
(a) All personal wireless service facilities shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
(1) General dirt and grease;
(2) Chipped, faded, peeling, and cracked paint;
(3) Rust and corrosion;
(4) Cracks, dents, and discoloration;
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(5) Missing, discolored, or damaged camouflage;
(6) Graffiti, bills, stickers, advertisements, litter, and debris;
(7) Broken and misshapen structural parts; and
(8) Any damage from any cause.
(b) Each personal wireless service facility shall be operated and maintained at all times in
compliance with all laws;
(c) Within thirty (30) days of the anniversary date of the permit, each owner of a personal
wireless service facility shall routinely inspect each site to ensure compliance with the
standards set forth in this Section and all conditions of approval.
7.70.150 Termination for Public Benef it
Every permit granted under this Chapter may be terminated upon twelve (12) months’ prior written
notice to the permittee, or less time if in response to an urgent or emergency situation as
determined by the City, if the personal wireless service facilit y interferes or will interfere with any
public work of improvement that impacts the public right -of -way. If a permit granted until this
Chapter is terminated pursuant to this Section, any Wireless Facility Permit Application for a new
personal wireless service facility within 500 feet of the terminated Wireless Facility Permit that will
act as a replacement for the terminated Wireless Facility Permit shall not be subject to site
justification pursuant to Section 7.70.260(b).
7.70.160 Revocation or Modification
Any permit granted under this Chapter may be revoked or modified for cause in accordance with
the provisions of this Section.
(a) Initiation. Revocation or modification proceedings may be initiated by the Public Works
Director.
(b) Notification of Hearing. The permittee shall be notified by the Public Works Director of
the basis for the proposed revocation or modification and be provided a date and time
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during which a hearing will be held not less than fourteen (14) days in advance of said
hearing.
(c) Required Findings for Revocation or Modification. The Public Works Director may
revoke or modify the permit if he or she makes any of the following findings:
(1) The applicant obtained the approval by means of fraud or misrepresentation of a
material fact;
(2) The applicant has failed to construct, or has expanded or altered the permitted
facility in manner that inconsistent with that set forth in the permit;
(3) The personal wireless service facility has not been operational for six (6) months
or more;
(4) Failure to comply with any condition of a permit issued;
(5) Failure to comply with any provision in this Chapter;
(6) A substantive change of state or federal law or regulations materially affecting a
permittee’s authority to occupy or use the public right-of-way or the City’s ability
to impose regulations relating to such occupation or use; and
(7) A personal wireless service facility is located on a utility pole or structure
subject to removal pursuant to a lawfully approved utility undergrounding district
or other rule or regulation.
(d) Notice of Action. A written determination of revocation shall be sent via USPS Certified
Mail to the permittee within five (5) days of such determination.
7.70.170 Expert Assistance
Where the City determines that it requires the services of a consultant for expert assistance in
implementing this Chapter or processing any application received thereunder, the applicant shall
deposit a fee equal to the estimated cost of the consultant’s services to the City. In the event that
the actual fees exceed the deposited fees, the applicant shall pay the difference to the City. In the
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event that the actual fees are less than the deposited fees, the applicant shall be refunded for the
difference from the City. No permit for an approved project shall be issued if the applicant owes
the City funds to fully reimburse the City for its actual costs to process the application, including
without limitation, reimbursement for the City’s consultant costs.
7.70.180 Deemed Approved
In the event that an application is deemed approved by any rule of law or regulation, all applicable
requirements of this Chapter, including those requirements set forth in the Public Right -of-Way
Personal Wireless Service Facility Standards and Regulations in effect at the time of the deemed
approval, and any other applicable laws, including, without limitation, standard conditions of
approval, shall automatically attach and apply as permit conditions.
7.70.190 Abandonment
A personal wireless service facility that is considered abandoned pursuant to Section
7.70.160(c)(3) shall be promptly removed and, as applicable, the area restored to its prior
condition at the permittee’s sole cost and expense within sixty (60) days aft er abandonment. If
there are two (2) or more users of a single facility, then this provision shall not become effective
until all users cease using the facility.
The owner of a facility shall notify the City in writing of its intent to abandon or cease us e of a
permitted site or a nonconforming site (including unpermitted sites) within thirty (30) days of
ceasing or abandoning use.
Failure to inform the Public Works Director of cessation of operations or abandonment of any
personal wireless service facil ity as required by this Section shall constitute a violation of any
approvals and be grounds for:
(a) Revocation or modification of the permit;
(b) Acting on any bond or other assurance required by this article or conditions of approval
of the permit;
(c) Removal of the facilities by the City at the owner’s expense; and/or
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(d) Any other remedies permitted under this Code or by law.
7.70.200 Preservation of City Rights
(a) Overview. 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 public right -of-way. Such
actions may temporarily or permanently interfere with the p ersonal wireless service facility.
The City shall in all cases, other than emergencies, give the applicant written notification
of such planned, non-emergency actions no fewer than fourteen (14) days prior to such
actions.
(b) Summary Removal. In the event the Public Works Director determines that the condition
or placement of a personal wireless service facility located in the public right -of-way
constitutes a dangerous condition, obstruction of the public right -of-way, or an imminent
threat to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, “exigent circumstances”), the Public Works Director may
cause the facility to be removed summarily and immediately without advance notice or a
hearing. Written notice of the removal shall include the basis for the removal and shall be
served upon the permittee and person who owns the facility within five (5) business days
of removal and all property removed shall be preserved for the owner’s pick -up as feasible.
If the owner cannot be identified following reasonable effort or if the owner fails to pick -up
the property within sixty (60) days, the facility shall be treated as abandoned property
subject to any disposal or reuse in the City’s sole discretion.
(c) Non-Liability for Removal. In the event the City removes a personal wireless service
facility pursuant to Section 7.70.200(b), any such removal shall be without any liability to
the City for any damage to such facility that may result from reasonable efforts of rem oval.
The City has no obligation to restore such facility. The permittee shall not have any claim
if the City removes a personal wireless service facility pursuant to Section 7.70.200(b).
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7.70.210 Removal and Restoration
(a) General Provisions. Upon the expiration date of the permit, earlier termination or
revocation of the permit or abandonment of the facility, the permittee shall remove its
personal wireless service facility and restore the site to its natural condition except for
any improvements to be retained by the City at its discretion. Any such retained
improvements shall be purchased from the permittee for one dollar, and the parties will
cooperate to effectuate this provision. Removal shall be in accordance with proper health
and safety requirements and all ordinances, rules, and regulations of the City. The facility
shall be removed from the property, at no cost or expense to the City.
Failure of the permittee, owner, or operator to promptly remove its facility and restore the
property within sixty (60) days after expiration, earlier termination or revocation of the
permit, or abandonment of the facility, shall be a violation of this Chapter. Upon a
showing of good cause, an extension may be granted by the Public Works Director where
circumstances are beyond the control of the permittee after expiration, earlier termination
or revocation of the permit, or abandonment of the facility. Further failure to abide by the
timeline provided in this Section shall be grounds for:
(1) Acting on any security instrument required by this Chapter or conditions of
approval of permit;
(2) Removal of the facilities by the City at the owner’s expense; and/or
(3) Any other remedies permitted under this Code or under state or federal law.
7.70.220 Notice of Shot Clock Expirati on
The applicant is required to provide the Public Works Director with written notice of the expiration
of any timeframe for review, which the applicant shall ensure is received by the City (e.g., via
Certified Mail, Registered Mail, national carrier, any of which shall require a receipt signature) no
earlier than thirty (30) nor later than twenty (20) days prior to expiration of the shot clock.
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7.70.230 Insurance and Bond
(a) Insurance. The permittee, including its agents and contractors, shall procure and
maintain in full force and effect as a condition of any permit granted under this Chapter
7.70 insurance pursuant to the requirements of the City’s Risk Manager.
(b) Bond. Permittee shall pay for and provide a performance bond or other form of security
approved by the City Attorney’s Office, which shall be in effect until the personal wireless
service facility is fully and completely removed and the site reasonably returned to its
original condition, to cover permittee’s obligations under this Chapter. The securi ty
instrument coverage shall include, but not be limited to, removal of the facility. The
amount of the security instrument shall be calculated by the applicant in its submittal
documents in an amount rationally related to the obligations covered by the bo nd and
pursuant to the requirements set forth in the Public Right -of-Way Personal Wireless
Service Facility Standards and Regulations.
7.70.240 Indemnity
The permittee 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, wr its 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; 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’, subcont ractors’,
licensees’, or customers’ acts or omissions in connection with the permit or the facility; provided,
however, the permittee shall not be required to defend, indemnify, or hold harmless the City,
agents, officers, officials, employees and voluntee rs due to the negligence, gross negligence, or
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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 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.
7.70.250 Emergency Deployment
In the event of an officially-declared federal, state, or local emergency, or when otherwise
warranted by conditions that the City deems to constitute an emergency, the Public Works
Director, City Manager, or their designees may approve the installation and operation of a
temporary personal wireless service facility (e.g., a cell on wheels, or “COW”), which is subject to
such reasonable conditions that the City deems necessary.
7.70.260 Location and Deployment Preferences
(a) New Poles. New poles in the public right-of -way detract from the aesthetics of the City.
New poles in the public right-of-way to accommodate a personal wireless service facility
that are not replacing an existing pole are permitted only through the exception process
pursuant Section 7.70.110.
(b) Site Justification. For Wireless Facility Permit Applications, the applicant shall provide
to the City a site justification report pursuant to the requirements set forth in the Public
Right-of-Way Personal Wireless Service Facility Standards and Regulations.
7.70.270 Effect on Other Ordinances
Compliance with the provisions of this Chapter shall not relieve a person from complying with any
other applicable provision of this Code. In the event of a conflict between any provision of this
Chapter and other sections of this Code, this Chapter shall control.
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SECTION 2. 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 uate the provisions of this
Ordinance.
SECTION 3. 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 4. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause this Ordinance, or a summary thereof , 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 8th day of January, 2019.
_____________________________
T e r r y O ’ D a y , M a y o r P r o T e m
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. 2595 (CCS) had its introduction
on November 27, 2018, and was adopted at the Santa Monica City Council
meeting held on January 8, 2019, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, Morena, Winterer
Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2595 (CCS) was duly published pursuant to
California Government Code Section 40806.
Terence J O’Day Jr (Jan 10, 2019)
Jan 10, 2019