SR 11-27-2018 7B
City Council
Report
City Council Meeting: November 27, 2018
Agenda Item: 7.B
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To: Mayor and City Council
From: Susan Cline, Director, Public Works, Civil Engineering
Subject: Introduction for First Reading of an Ordinance to Repeal and Replace Santa
Monica Municipal Code Chapter 7.70 Pertaining to Public Right-of-Way
Wireless Communications Facilities
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance to repeal and replace Santa Monica Municipal Code Chapter 7.70 pertaining
to wireless facilities in the public right-of-way.
Executive Summary
The national roll-out of enhanced wireless networks has been the subject of intense
interest as well as controversy in many communities, including Santa Monica. On July
26, 2016, the City Council adopted Ordinance 2525 CCS to add Municipal Code
Chapter 7.70 (Attachment A), which created additional local regulations in anticipation
of a proliferation of applications for wireless facilities in the public right -of-way. In
particular, City staff anticipated an increased number of applications for “small cell
sites,” which are a relatively newer form of wireless technology deployment that can be
installed on existing infrastructure, such as streetlight and wooden utility poles. In
support of the goal of telecommunications companies’ efforts t o expedite wireless
upgrades, the Federal Communications Commission (FCC) has moved to dramatically
curtail the regulatory discretion of local jurisdictions. Going forward in this dynamic
regulatory climate, the proposed Ordinance revisions maximize the Ci ty’s oversight of
the public-right-of way while maintaining compliance with all legal requirements that
significantly limit the City’s local authority.
Since the adoption of Chapter 7.70, City staff has identified sections of the existing
ordinance that (i) need clarification and revision to ensure more comprehensive
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regulation of wireless facilities in conformance with applicable federal law, (ii) are
administratively difficult to enforce, and (iii) need to provide the City authority and
flexibility to create new regulations in response to changing wireless technology to
ensure the City may exercise the full extent of its regulatory authority at all times. Staff,
therefore, recommends that the City Council introduce for first reading an ordinance to
repeal and replace SMMC 7.70 to ensure that wireless installations are regulated to the
maximum extent provided under applicable federal law. Such proposed regulations
include objective aesthetic standards for wireless facilities, more rigorous compliance
reporting requirements to ensure compliance with FCC radio frequency emissions
standards, and other measures as described in this report. The proposed changes are
recommended to provide the City with the maximum legal authority to safeguard the
public peace, health, and wellbeing of the community and protect the unique aesthetic
character of the City.
Background
The City desires to exercise maximum regulatory authority over wireless facilities.
However, this authority is significantly hindered by two federal mandates: The
Telecommunications Act of 1996 and Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012 together with FCC rules and regulations interpreting these
two mandates.
Federal Mandate 1: Telecommunications Act of 1996
The Telecommunications Act of 1996 (TCA) maintains a local jurisdiction’s authority to
regulate wireless facilities provided that such authority does not prohibit or have the
effect of prohibiting the provision of personal wireless service facilities. The TCA also
stipulates that local jurisdictions are required to act on applications for wireless facilities
within a “reasonable timeframe.”
Since passage of the Telecommunications Act of 1996, the Federal Communications
Commission (FCC) has issued declaratory rulings and orders that clarify and interpret
provisions of the TCA. In its Declaratory Ruling FCC 09-99, the FCC defined the term
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“reasonable timeframe” as 90 days for collocation applications and 150 days for
applications to install a new wireless facility where none currently exists.
More recently, on September 26, 2018, the FCC adopted Declaratory Ruling and Third
Report and Order FCC 18-133 that further restricts local authority. The proposed FCC
regulations are scheduled to become effective on January 14, 2019. Among other
things, the latest FCC order does the following:
Articulates a broader standard to determine when a local regulation prohibits or
effectively prohibits wireless services;
Imposes a reasonable fee standard and establishes presumptively reasonable
fees that can be charged for wireless installations;
Clarifies the standard for regulating wireless installations to address aesthetic
concerns as long as the regulations are based upon published objective
standards;
Shortens the shot clocks to 60 days for installations on an existing structure and
90 days for installations on a new structure and clarifies that the shot clock period
applies to all local approvals required for installations; and
Clarifies that the failure to take action results in an effective prohibition, which
triggers a 30-day period to file an action for expedited judicial review.
The FCC’s most recent ruling may be challenged within a certain period after
publication in the Federal Register. The City has joined a coalition of other cities in the
nation to challenge certain of these FCC regulations. Therefore, staff anticipates
returning to Council with an updated ordinance if challenges to the FCC regulations are
successful.
Federal Mandate 2: Middle Class Tax Relief and Job Creation Act of 2012
Congress passed the Middle Class Tax Relief and Job Creation Act (Act) in February
2012. Section 6409(a) of the Act includes provisions establishing an expedited, non -
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discretionary permitting process for the approval of certain types of wireless facility
modifications. Section 6409(a) generally states that an “eligible facilities request”—
which involves changes to existing wireless sites that involve collocation, removal, or
replacement of transmission equipment—that does not constitute a “substantial change”
may not be denied and shall be approved by the local jurisdiction.
Section 6409(a) of the Act does not prescribe a required timeframe for local jurisdiction
review or define the term “substantial change.” In its Report and Order 14-153, the FCC
established that local jurisdictions have 60 days to approve an application from the date
an applicant seeks approval under Section 6409(a) of the Act or the application is
deemed granted by rule of law. It also defined what types of modifi cations constitute a
“substantial change.”
Past Council Actions
07/26/2016
(Attachment A)
Adoption of Ordinance 2525 CCS to update Municipal Code
Chapter 7.70
Discussion
Federal regulations concerning wireless facilities are rapidly changing. In 2018 , the FCC
published new rules that further restrict a local municipality’s authority to regulate the
placement of wireless facilities. The proposed ordinance is necessary to ensure that the
City’s regulations require wireless facilities to be deployed in such a manner as to not
interfere with the public use of the public right-of-way, to preserve public peace, health,
and safety, and to exercise local regulatory authority to the maximum extent legally
possible. The proposed ordinance would repeal and replace SMMC Chapter 7.70 and
would establish standards and procedures for the permitting, placement, construction,
and modification of wireless facilities in the public right-of-way. These standards and
procedures would provide clear and transparent regulations that recognize the unique,
aesthetic character of the City.
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The proposed Chapter 7.70 would reaffirm the City’s paramount right in utilizing the
public right-of-way over wireless carriers, establish clear and objective aesthetic
requirements for wireless facilities, set standards for operation and maintenance,
provide the City with tools to terminate or revoke a wireless permit, and provide
regulations for the removal of wireless facilities. Further, the proposed Chapter 7.70
would set indemnity, insurance, and bond requirements that would protect the City’s
interests and afford it a remedy to exercise should the City need to remove an
abandoned wireless facility.
Other substantial changes proposed to Chapter 7.70 are summarized below.
Change 1: Applicability
The proposed Chapter 7.70 would apply to all applications for wireless facilities that
have not been approved prior to the effective date of the ordinance. This includes
applications for wireless facilities that have been submitted but have not yet b een
deemed complete. Further, all wireless facilities for which applications have been
approved would be required to comply with the City’s regulations concerning radio
frequency monitoring, operations and maintenance, abandonment, removal and
restoration of facilities, insurance and bond requirements, and indemnity provisions.
Notwithstanding the above, personal wireless service facilities constructed for City use
or by the City to exclusively provide unlicensed wireless services, such as Wi-Fi, are
exempt from the proposed Chapter 7.70.
Change 2: Permits, Application Procedures, and Fees
The current and proposed Chapter 7.70 require that all wireless facilities used to
provide licensed wireless services receive a permit from the City. However, the
proposed Chapter 7.70 would establish three separate types of permits to manage all
aspects of wireless facility permitting and construction.
1. 6409(a) Permit: A 6409(a) Permit is proposed to provide authorization for certain
types of modifications to existing wireless facilities that are subject only to a
ministerial approval process pursuant to federal law.
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2. Wireless Facility Permit: A Wireless Facility Permit is proposed to provide
authorization for all other types of wireless facilities that do not qualify for a
6409(a) Permit. A Wireless Facility Permit is subject to limited discretionary
approval by the Public Works Director based on published requirements.
3. Public Works Wireless Construction Permit: A Public Works Wireless
Construction Permit is a ministerial permit proposed to authorize the construction
activity approved via a 6409(a) Permit or Wireless Facility Permit. The Public
Works Wireless Construction Permit is proposed to manage construction activity
in the public right-of-way and ensure construction safety.
Designed to facilitate orderly intake and processing, the proposed Chapter 7.70 requires
that applications for Wireless Facility Permits and 6409(a) Permits be submitted in-
person by appointment only. These proposed permitting and application proces ses align
more closely with the Planning and Community Development Department’s existing
processes for permitting wireless facilities not within the public right-of-way.
The proposed Chapter 7.70 would also authorize the Council to approve by resolution a
Municipal Fee Schedule that would establish cost -recovery fees for permits,
inspections, enforcement, amendments, noticing, informational materials, copies, and
other such items.
Change 3: Standards and Ancillary Documents
The proposed Chapter 7.70 would authorize the Public Works Director to publish a
Public Right-of-Way Personal Wireless Service Facility Standards and Regulations
(Standards) document and other ancillary documents. The Standards and other
ancillary documents may be updated at the discret ion of the Public Works Director and
would, without limitation, establish:
Objective design standards for wireless facilities;
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Minimum application requirements (i.e., what is required to constitute a complete
application);
Site location justification requirements;
Construction noticing requirements;
Inspection requirements;
Approved construction hours; and
Standard conditions of approval.
The proposed Standards (Attachment B) are similar to the existing Wireless Application
Policy and Guidelines document authorized under the current Chapter 7.70 but are
wider in scope.
Change 4: Noticing
The current Chapter 7.70 requires noticing when an application is filed with the City for
a new wireless facility prior to issuance of the permit to all residents, owne rs, and
businesses within a 500-foot radius of the proposed installation location. The proposed
Chapter 7.70 Standards require noticing after a Public Works Wireless Construction
Permit is issued and prior to any permitted construction activity to all residents and
businesses within a 100-ft radius of the installation location subject to the discretion of
the Public Works inspector. This policy aligns more closely with the City’s existing
noticing requirements for permitted activity in the public right-of-way, such as
excavation.
Change 5: Appeals
Currently, Chapter 7.70 allows any person to appeal the City’s decision regarding a
wireless facility application within 14 days of the determination being published. When
an appeal is received, appeal public notices are sent to residents, owners, and
businesses within a 500-foot radius of the proposed installation location, and appeals
are heard by City Council.
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The proposed Chapter 7.70 no longer allows appeals due to the following factors: (i)
administrative appeals are not required or expressly authorized by the above referenced
federal laws, (ii) permit applicants have the right to expedited judicial review for any
denial or failure to take action on a pending permit application, (iii) the most recent
standard adopted by the FCC to determine when a local regulation effectively prohibits
wireless services is so broad as to render meaningless any challenge to a carrier’s
articulated business reason for the installation, (iv) the City’s discretionary authority i s
effectively limited to the adoption of objective standards, (v) the approval of any
installation can be challenged by judicial review after the approval of an installation,
even without an administrative appeal, and (vi) the shortened FCC shot clock periods, if
not successfully challenged, effectively preclude any prolonged administrative process,
including administrative appeals. In sum, the combination of the above factors does not
allow for any meaningful administrative appeal rights.
Change 6: Exceptions to City Requirements
To prevent the City from adopting regulations that prohibit or have the effect of
prohibiting the provision of wireless facilities and to accommodate for waivers from strict
compliance with the Municipal Code, the proposed Chapt er 7.70 includes an exception
section (Section 7.70.110) that provides the Public Works Director with a means to
waive Municipal Code requirements if certain required findings are made, including that:
1. The applicant has provided the Public Works Director with a reasonable and
clearly defined technical service objective to be achieved by the proposed facility;
2. 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 Santa Monica Municipal Code, including the Public Right -of-
Way Personal Wireless Service Facility Standards and Regulations;
3. The applicant has provided the Public 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
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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
4. 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.
Change 7: Radio Frequency Exposure Monitoring
While the existing Chapter 7.70 requires proof of FCC compliance at the time of
application and permit renewal, the proposed Chapter 7.70 would impose additional
radio frequency monitoring requirements. Permittees would be required, within 30 days
of commencing operation of a wireless facility and annually thereafter, to furnish
certification stating that the actual emissions from the wireless facility operates in
compliance with FCC rules.
Change 8: Notification of Expiration of Shot Clock
City staff recognizes that federal and state law set required timeframes for review, or
“shot clocks,” to approve or deny a wireless facility application. To ensure that staff is
properly aware of any pending shot clock expirations, the proposed Chapter 7.70 would
require that applicants mail notice to the City no earlier than 30 days and no later than
20 days prior to expiration of the shot clock for any pending wireless facility application.
Alternatives
City Council may choose to retain the existing Chapter 7.70. As stated in this report, the
existing Chapter 7.70 is obsolete and does not clearly articulate the City’s local authority
and requirements regarding the placement, construction, and modification of wireless
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facilities considering restrictions set by state and federal law. This puts the City at risk of
violating federal law.
Council may also adopt different requirements, recognizing that the FCC’s most recently
adopted regulations further restrict the City’s ability to regulate wireless installations.
Environmental Analysis
The proposed Chapter 7.70 is categorically exempt from the provisions of the Cal ifornia
Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation
Guidelines (common sense exemption). There is no possibility that the proposed
changes may have a significant effect on the environment. The recommended
amendments represent updates to City regulations regarding personal wireless service
facilities that are required to be consistent with current state and federal requirements.
Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Thomas Check, Civil Engineer Assistant
Approved
Forwarded to Council
Attachments:
A. Adoption of Ordinance 2525 CSCS to Update Municipal Code Chapter 7.70
B. Public Right-of-Way Personal Wireless Service Facility Standards and
Regulations
C. Ordinance - PW - Telecommunications - 11.27.2018
City Council
Report
City Council Meeting: July 26, 2016
Agenda Item: 7.A
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To: Mayor and City Council
From: Marsha Moutrie, City Attorney, City Attorney’s Office
Subject: Second Reading and Adoption of an Ordinance Adding Chapter 7.70 to the
Santa Monica Municipal Code Relating to the Regulation of
Telecommunication Facilities on Public Property and in the Public Right of
Way and Amending and Repealing Certain Provisions of Chapter 7.06 to the
Santa Monica Municipal Code Relating to Telecommunication Facilities
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting on July 12, 2016, the City Council introduced for first reading an
ordinance adding Chapter 7.70 to the Santa Monica Municipal Code relating to the
regulation of telecommunication facilities on public property and in the public right of
way, and amending and repealing certain provisions of Chapter 7.06 to the Santa
Monica Municipal Code relating to telecommunication facilities.
The ordinance is now presented to City Council for adoption.
Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney
Approved
Forwarded to Council
Attachments:
A. Ordinance
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B. Written comments
Civil Engineering Division 1 of 28 (310) 458-8737
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Public Right-of-Way Personal Wireless
Service Facility Standards and Regulations
Published by
Public Works Department
Civil Engineering Division
Published November 27, 2018
Civil Engineering Division 2 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
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Contents
Purpose and Overview ............................................................................................................... 4
Permitting ................................................................................................................................... 5
Appointment Only ................................................................................................................... 5
6409(a) and Wireless Facility Permits ................................................................................. 5
Wireless Telecommunications Construction Permits ........................................................... 5
6409(a) Permitting Process ........................................................................................................ 5
Step 1: 6409(a) Permit Application ......................................................................................... 6
Step 2: Administrative Review ................................................................................................ 6
Step 3: Determination and Permitting ..................................................................................... 6
Wireless Facility Permitting Process .......................................................................................... 6
Step 1: Wireless Facility Permit Application ............................................................................ 6
Step 2: Administrative Review ................................................................................................ 6
Step 3: Determination and Permitting ..................................................................................... 7
Step 4: Inspection and Construction, If Permitted ................................................................... 7
Wireless Telecommunications Construction Permitting Process ................................................ 7
Construction Noticing ................................................................................................................. 8
Installation Medium Required Information .................................................................................. 8
City-Owned Streetlights .......................................................................................................... 8
Southern California Edison Streetlights .................................................................................. 8
Lighting Study Requirements ....................................................................................................10
Radio Frequency Emissions Report Requirements ...................................................................11
Pre-Installation Reporting ......................................................................................................11
Construction Documents Requirements ....................................................................................12
Site Location Justification Requirements ...................................................................................13
General Requirements ..........................................................................................................13
Facilities Proposed to Address Coverage Concerns ..............................................................13
Facilities Proposed to Address Capacity Concerns................................................................13
Design Standards .....................................................................................................................13
General Requirements ..........................................................................................................13
Southern California Edison Streetlights .................................................................................14
City-Owned Streetlights .........................................................................................................16
General Requirements .......................................................................................................16
Acceptable Configurations .................................................................................................17
Wooden Utility Poles Regulated by the Southern California Joint Pole Committee ................21
Strand-Mount Installations .....................................................................................................23
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Standard Conditions of Approval ...............................................................................................23
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Purpose and Overview
Pursuant to Santa Monica Municipal Code (SMMC) Section 7.70.040, the City Council
authorizes the Public Works Director to publish a Public Right-of-Way Personal Wireless
Service Facility Standards and Regulations (Standards) document to supplement the
regulations set forth in SMMC 7.70. In addition, the City Council authorizes the Public Works
Director to develop and publish permit application forms, checklists, informational handouts, and
other related materials for SMMC 7.70. Sections of SMMC 7.70 are reproduced and/or
paraphrased throughout these Standards as a matter of convenience. In the event of conflict
between these Standards and SMMC 7.70, the Municipal Code shall prevail.
The purpose of these Standards is to establish requirements for personal wireless service
facilities. The Standards may be updated at the discretion of the Public Works Director. These
standards are published on the City’s Civil Engineering website (smgov.net/engineering). You
are encouraged to check this website regularly for updates.
Please note that personal wireless service facilities not within the public right-of-way are
overseen by the City’s Planning and Community Development Department.
The Standards are not intended to, nor shall they be interpreted or applied to:
1. prohibit or effectively prohibit any personal wireless service provider’s ability to provide
personal wireless services;
2. 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 regulations;
3. unreasonably discriminate among providers of functionally equivalent services;
4. 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 Federal Communication Commission’s
regulations concerning such emissions;
5. prohibit any collocation or modification that the City may not deny under federal or
California state law; or
6. otherwise authorize the City to preempt any applicable federal or California state law
or regulation.
For questions regarding this document, contact the Public Works Department, Civil Engineering
Division at (310) 458-8737. Only the Public Works Director is authorized to provide formal
interpretations of these Standards.
Civil Engineering Division 5 of 28 (310) 458-8737
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Permitting
The City has established three permits to regulate personal wireless service facilities (SMMC
7.70.050):
1. 6409(a) Permit: Required for requests seeking approval to modify a personal wireless
service facility pursuant to Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act (codified as Title 47 USC section 1455 and implemented pursuant to Title
47 CFR section 1.40001).
2. Wireless Facility Permit: 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 that qualify for a 6409(a) Permit.
3. Wireless Telecommunications Construction Permit: Required to perform work in the
public right-of-way.
Note: Obtaining a 6409(a) Permit or Wireless Facility Permit alone does not authorize
work in the public right-of-way. A Wireless Telecommunications Construction Permit is
required to perform work in the public right-of-way.
The permitting processes for these permits are explained in detail in the following sections.
Appointment Only
6409(a) and Wireless Facility Permits
All applications and resubmittals of applications for 6409(a) and Wireless Facility Permits must
be filed in person with the City at a pre-scheduled appointment (SMMC 7.70.060(b)(2)).
Appointments are generally accepted on Tuesdays and Thursdays. Pursuant to SMMC
7.70.060(b)(3), appointments are not accepted:
1. Any time City Hall is closed to the public;
2. Any legal holiday observed by the City;
3. The week of Thanksgiving; and
4. Three business days prior to July 4, December 25, and January 1.
To schedule an appointment, contact the City’s Public Works Department at (310) 458-8737.
Wireless Telecommunications Construction Permits
An appointment is not required to submit a Wireless Telecommunications Construction Permit
application, and applications are accepted any time the Public Works counter is open to the
public.
6409(a) Permitting Process
The 6409(a) permitting process involves the following steps:
1. 6409(a) Permit Application
2. Administrative Review
3. Determination and Permitting
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Step 1: 6409(a) Permit Application
A 6409(a) Permit application and all required materials shall be submitted to the City. The latest
version of the 6409(a) Permit application is available on the City’s website at
smgov.net/engineering. The applicant is responsible for ensuring that the latest version of the
application is submitted at the time of submittal appointment. You are encouraged to check
this website regularly for updates to the application. Applications not submitted on the most
current form will not be processed.
Step 2: Administrative Review
The City will review the application. If an application is deemed incomplete, the City shall notify
the applicant at the email address provided in the application. The City will include what
information is needed in order to deem the application complete in the notification. 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 (SMMC 7.70.070).
Step 3: Determination and Permitting
Upon completing its review, the City will issue a timely determination regarding the application.
The determination will be served to the applicant via the email address provided in the
application (SMMC 7.70.100(a)). If the City issues an approval determination, the applicant shall
sign the determination and it shall be considered the 6409(a) Permit.
If the application is approved, the permittee shall then receive a Wireless Telecommunications
Construction Permit upon satisfying any prerequisite conditions of approval stated in the
6409(a) Permit. See the “Wireless Telecommunications Construction Permit” section of these
Standards for details.
Wireless Facility Permitting Process
The wireless facility permitting process involves the following steps:
1. Wireless Facility Permit Application
2. Administrative Review
3. Determination and Permitting
Step 1: Wireless Facility Permit Application
A Wireless Facility Permit application and all required materials shall be submitted to the City.
The latest version of the Wireless Facility Permit application is available on the City’s website at
smgov.net/engineering as well as at the City’s Public Works counter. The applicant is
responsible for ensuring that the latest version of the application is submitted at the time of
submittal appointment. You are encouraged to check this website regularly for updates to
the application. Applications not submitted on the most current form will not be processed.
Step 2: Administrative Review
The City will review the application. If an application is deemed incomplete, the City shall notify
the applicant at the email address provided in the application. The City will include what
information is needed in order to deem the application complete in the notification. The
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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 (SMMC 7.70.070).
Step 3: Determination and Permitting
Upon completing its review, the City will issue a timely determination regarding the application.
The determination will be served to the applicant via the email address provided in the
application (SMMC 7.70.090(a)). If the City issues an approval determination, the applicant shall
sign the determination and it shall be considered the Wireless Facility Permit.
If the application is approved, the permittee shall then receive a Wireless Telecommunications
Construction Permit upon satisfying any prerequisite conditions of approval stated in the
Wireless Facility Permit. See the “Wireless Telecommunications Construction Permit” section of
these Standards for details.
Step 4: Inspection and Construction, If Permitted
Upon receiving a Wireless Telecommunications Construction Permit, the permittee must comply
with the “Construction Noticing” section of these Standards as well as any inspection
procedures established by the Public Works Department in the course of performing the
permitted work.
Wireless Telecommunications Construction Permitting Process
The Wireless Telecommunications Construction Permit is an over-the-counter ministerial permit
to authorize work in the public right-of-way after a 6409(a) Permit or Wireless Facility Permit has
been issued.
The wireless telecommunications construction permitting process involves the following steps:
1. Wireless Telecommunications Construction Permit Application and Permitting
2. Construction and Inspection
Step 1: Wireless Telecommunications Construction Permit Application and Permitting
A Wireless Telecommunications Construction Permit application and all required materials shall
be submitted to the City; this may include items identified in Standard Conditions of Approval for
a 6409(a) Permit/Wireless Facility Permit. The latest version of the Wireless
Telecommunications Construction Permit application is available on the City’s website at
smgov.net/engineering as well as at the City’s Public Works counter. The applicant is
responsible for ensuring that the latest version of the application is submitted at the time of
submittal. You are encouraged to check this website regularly for updates to the
application. Applications not submitted on the most current form will not be processed.
Staff will verify that all required materials are present with the application. Once verified, a
Wireless Telecommunications Construction Permit will be issued.
Step 2: Construction and Inspection
Upon receiving a Wireless Telecommunications Construction Permit, the permittee shall comply
with the “Construction Noticing” section of these Standards as well as any inspection
procedures established by the Public Works Department in the course of performing the
permitted work.
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Construction Noticing
Upon approval of the Public Works inspector, the permittee shall provide construction notices to
all residents, owners, and businesses within a 100-ft radius of the installation site. The
construction notice shall be posted in a conspicuous location at all residences and businesses
(such as the front door) a minimum of three (3) calendar days in advance of the proposed
construction activity. When posting at multi-tenant buildings, posting of the notice at the main
entry point to the building is considered acceptable if the notice is posted in a conspicuous
location.
The Public Works inspector shall approve the form and contents of the notice.
The intent of these construction noticing requirements is to ensure proper notification to the
nearby community of any impacts that may arise from the permitted activity. The Public Works
Department reserves the right to reasonably modify the above construction noticing
requirements to effectuate the intent of this section.
Installation Medium Required Information
Applicants that propose wireless facilities on certain types of installation mediums are required
to submit additional information as part of an application.
City-Owned Streetlights
If a wireless facility is proposed on a City-owned streetlight, the applicant shall provide a
structural analysis stamped and sealed by a qualified, California licensed engineer
demonstrating that the installation complies with applicable design codes.
If a new City streetlight is proposed where none currently exists, the following requirements
shall apply:
1. If the new streetlight is proposed at an intersection where two streets meet at an
approximately 90-degree angle, the applicant shall provide a lighting study for the
proposed City streetlight that meets the “Lighting Study Requirements” section of these
Standards.
2. If the new streetlight is proposed at a location other than an intersection or at an
intersection not described in (a) above, the applicant shall provide a lighting study for
the proposed City streetlight that meets the requirements of the Public Works
Department. Please contact the Civil Engineering Division for further requirements for
these types of installations.
Southern California Edison Streetlights
If a wireless facility is proposed on a Southern California Edison (SCE)-owned streetlight, the
applicant shall provide with the application:
1. SCE Letter of Authorization;
2. A filled-in SCE Streetlight Authorization form;
a. Luminaires shall be replaced like-for-like unless otherwise authorized by the City;
3. SCE Consent Letter;
4. SCE Disconnect Letter; and
5. Any other documents required by SCE.
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Public Works Department smgov.net/engineering
Published 11/27/18
Civil Engineering Division 10 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/27/18
Lighting Study Requirements
For street lighting at an intersection, the lighting study shall find that the proposed intersection
lighting provides an average of 0.36 foot-candles illumination at all intersection approaches and
an average of 0.5 foot-candles illumination within the intersection. This study shall include
illumination contributions from any other streetlights at the intersection. The zones required for
evaluation and associated distances upstream of the intersection are provided in the figure
below.
If the required lighting levels cannot be achieved with one streetlight, an additional streetlight or
modifications to other streetlights at the intersection may be prescribed to meet the
requirements of this section. The costs of said additional installations or modifications shall be
borne by the applicant.
Civil Engineering Division 11 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/27/18
Radio Frequency Emissions Report Requirements
Pre-Installation Reporting
All applications for personal wireless service facilities are required to submit documentation that
demonstrates that the proposed facility will be compliant with the FCC’s regulations concerning
radio frequency emissions (SMMC 7.70.130(b)).
The radio frequency emissions report shall:
1. Be specific for the application site; no “generic” emissions reports shall be accepted.
2. Be sealed and signed by a qualified, California licensed electrical professional engineer;
3. Certify and demonstrate that the proposed facility will comply with applicable federal
radio frequency exposure standards and exposure limits regarding uncontrolled general
population exposure;
4. Include the makes, model numbers, actual frequencies, and power levels (in watts of
effective radiated power, or W ERP) for all existing and proposed antennas at the site;
5. Provide color-coded exhibits that show the location and orientation of the transmitting
antennas, nearby buildings and structures, and boundaries of:
a. Areas with radio frequency electromagnetic energy exposures in excess of the
uncontrolled/general population limit (as that term is defined by the FCC) at the
plane at which the antenna is transmitting; and
b. Areas with radio frequency electromagnetic energy exposures in excess of the
uncontrolled/general population limit (as that term is defined by the FCC) at
ground-level elevation.
Additionally, all applications for personal wireless service facilities are required to submit a
completed “Optional Checklist for Local Government To Determine Whether a Facility is
Categorically Excluded” contained in Appendix A of the FCC’s “Local Government Official’s
Guide to Transmitting Antenna RF Emission Safety” to determine whether the proposed facility
will be “categorically excluded” as that term is used by the FCC. This form can be found online
at http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.pdf.
Civil Engineering Division 12 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/27/18
Construction Documents Requirements
Construction documents shall include the items below in addition to all other information
determined necessary by the Public Works Director:
1. General requirements:
a. DO NOT SUBMIT TRAFFIC CONTROL PLANS AS PART OF THE
CONSTRUCTION DOCUMENTS
b. Sheets requiring preparation by a qualified, California licensed engineer shall be
stamped and signed by a qualified, California licensed engineer
c. Sheet numbers for all pages
d. Sheet size: 11”x17” (half-scale of 24”x36”) during plan check
i. Note: If the application is approved, the applicant shall provide a digital
PDF copy of the approved plans in 24”x36” format.
e. Scale/dimensions shall be provided as necessary to ascertain equipment sizes,
mounting heights, etc.
f. Include a legend, if necessary
2. Title sheet requirements:
a. Nearest legal address adjacent to the proposed installation. Please use SM
MAP, the City’s official mapping platform, to determine nearest legal address. It
may differ from the addresses provided in mapping services like Google Maps.
b. A site name (this does not have to be the City’s application number; applicants
can use internal site names)
c. Project description
d. Decimal latitude/longitude coordinates using the NAD83 datum
e. Vicinity map
f. Code compliance information
i. Do not refer to codes that have not been adopted by the State of
California or City of Santa Monica
g. City streetlight and traffic signal poles only: City-issued pole ID, if available
3. All ADA requirements must be demonstrated in the project plans.
4. Site plan(s) to scale that details the proposed personal wireless service facility.
5. Elevation plan(s) to scale that details the proposed personal wireless service facility,
including proposed mounting heights/locations
6. Details of equipment, including dimensions
7. Power output (in watts of effective radiated power, W ERP) and operating frequency (or
frequencies) for the proposed antenna.
8. Plans shall incorporate and reflect the recommendations of the radio frequency
electromagnetic energy report.
9. A minimum of one (1) sign shall display the applicant’s site ID and a 24-hour emergency
contact phone number for any problems or complaints resulting from the attachment,
installation, operation, maintenance, or removal of the wireless facility.
10. Photosimulations that show the site—in the built environment—before and after
installation. A minimum of two angles shall be provided.
11. Include the City of Santa Monica’s Excavation Work in Public Right-of-Way General
Notes and any applicable City of Santa Monica Standard Details (such as Standard
Detail SM 15).
Civil Engineering Division 13 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/27/18
Site Location Justification Requirements
The intent of this section is to establish requirements to ensure that the City is provided with
adequate justification for desired a site location for a proposed personal wireless service facility.
Given the number of ways that this information can be presented, the City may modify the
requirements set forth below if the overall intent of this section is met.
General Requirements
All personal wireless service facility applications shall provide a site location justification report
which includes the rationale and necessity for the proposed facility.
Facilities Proposed to Address Coverage Concerns
If the wireless facility is proposed to address service coverage concerns, the site location
justification report shall describe the area that the proposed facility is intended to serve. The
applicant may also describe the proposed facility’s role in a larger network of facilities (nodes)
planned or deployed in the City, including the area that such larger network is intended to serve.
The applicant shall provide full-color signal propagation maps that show the carrier’s:
1. Current service coverage levels from existing facilities within the vicinity of the proposed
facility;
2. Predicted service coverage levels from the proposed facility without all existing facilities;
and
3. Predicted service coverage levels from the proposed facility with all existing facilities;
Facilities Proposed to Address Capacity Concerns
In the event the applicant seeks to address service capacity concerns, the site location
justification report shall include an explanation identifying the existing facilities with service
capacity issues together with competent evidence to demonstrate the inability of those facilities
to meet capacity demands. Maps comparable to those described in the “Facilities Proposed to
Address Coverage Concerns” section may accompany said explanation.
Design Standards
The City has researched and adopted the following design standards for personal wireless
service facilities. Given the rapidness with which personal wireless service facility technology
may change, City staff are available to meet with wireless carriers and their representatives to
discuss designs standards that deviate from those listed in this section. The intent of these
designs standards is to establish objective camouflage and concealment elements for personal
wireless service facilities. The Public Works Director may waive or impose additional standards
if doing so is conducive to site being the least intrusive, maximally blending with the natural and
built environment of the City, and protecting the aesthetic character of the City.
General Requirements
The following requirements shall apply to all personal wireless service facilities in the public
right-of-way:
1. Personal wireless service facilities shall comply with Santa Monica Municipal Code
Chapter 4.12 Noise.
Civil Engineering Division 14 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/27/18
2. All facilities shall have subdued colors and non-reflective materials that blend with the
materials and colors of the surrounding area and structures to the satisfaction of the
City.
3. The personal wireless service facility shall be of the least intrusive design possible and
occupy the least amount of space in the right-of-way possible but in no event shall
exceed the limits prescribed in these design standards.
4. Equipment:
a. Above ground electrical meter facilities are prohibited. Applicants shall execute a
contract with Southern California Edison for service under the Wireless
Technology Rate (WTR) Schedule. WTR equipment shall be installed below
grade.
b. With the exception of streetlight pole base shrouds as described in these design
standards, equipment installed at grade is prohibited.
5. A facility shall not be located within any portion of the public right-of-way that interferes
or may interfere with City and emergency operations, and pedestrian and vehicular
access.
6. Vaults and pull boxes shall be installed flush to grade.
7. Signage that serves a public/occupational safety function shall be exempt from the
design standards.
8. Lighting
a. No facility may be illuminated unless specifically required by the Federal Aviation
Administration (FAA) or other government agency. Beacon lights are not
permitted unless required by the Federal Aviation Administration or other
government agency.
b. Legally-required lightning arresters and beacons shall be included when
calculating the height of facilities.
c. Any required lighting shall be shielded to eliminate, to the maximum extent
possible, impacts on the surrounding neighborhood.
d. Unless otherwise required under FAA or FCC regulations, applicants may install
only timed or motion-sensitive light controllers and must install lights so as to
avoid illumination impacts to adjacent properties to the maximum extent feasible.
The City may, in its discretion, exempt an applicant from the foregoing
requirement when the applicant demonstrates a substantial public safety need.
Southern California Edison Streetlights
The following design standards shall apply to all personal wireless service facilities on Southern
California Edison Streetlights.
1. A personal wireless service facility may only be installed on a Southern California Edison
streetlight if the streetlight is an Ameron Southern California Edison BP300X09 Pole with
Single 6-ft Arm (drawing no. 040-01277 rev. D)
a. The City reserves the final right to determine what streetlight may be used at a
proposed location based on the lighting needs of that location. On a case-by-
case basis and at the discretion of the City, if another Southern California
Edison-approved streetlight pole is more suitable for the proposed installation
location, that pole may be permitted.
2. Equipment shall be installed in a pole-top shroud that complies with the following
requirements:
a. The pole-top shroud shall be of a tubular/cylindrical form factor.
Civil Engineering Division 15 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/27/18
b. Maximum height: 66” (measured from the top of the streetlight pole to the top of
the shroud)
c. Maximum diameter: 12”
i. If Southern California Edison requirements dictate a smaller height or
diameter requirement, those requirements shall prevail.
d. Exception: Upon approval from the City, a cantenna may be exempted from full
concealment in a tubular shroud if it still achieves a tubular/cylindrical form factor.
e. Stainless steel banding is prohibited. The streetlight pole shall be equipped with
top-of-pole mounting bracket to accommodate the personal wireless service
facility.
3. Equipment that does not comply with the requirements set forth above shall be installed
below grade, with the exception only for antennas.
4. Base shrouds and shrouds mounted to the side of the pole are prohibited.
5. All ventilation on the streetlight structure must be via flush vents. Vents must be
designed to maximally blend with the overall streetlight structure.
6. All cabling, wires, and conduit shall be concealed completely within the pole and the
concealment shroud. Cabling and wires shall enter/exit the streetlight pole through
conduit sweeps within the streetlight footing.
Figure 1: A photosimulation of a Southern California Edison streetlight with a personal
wireless service facility located at the southeast corner of 7th St and California Ave. The
concealment shroud and cantenna meet the City’s design standards. Other components,
such as the WTR box, are installed below grade.
Civil Engineering Division 16 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/27/18
City-Owned Streetlights
The following design standards shall apply to all personal wireless service facilities on City-
owned streetlights.
General Requirements
1. If an existing streetlight pole is proposed to be replaced with a new streetlight pole to
accommodate the personal wireless service facility, the replacement streetlight pole
shall be designed to resemble existing poles in the public right-of-way near that location,
including size, height, color, materials, and style, with the exception of any existing pole
designs that are scheduled to be removed and not replaced.
a. The base of the replacement streetlight shall be a minimum of 18 inches from the
face of the curb.
b. The replacement streetlight shall be offset at the minimum distance technically
possible from the existing streetlight.
c. The replacement streetlight mast arm and luminaire shall match the existing
streetlight mast arm and luminaire.
2. If a new City streetlight pole that will not replace an existing streetlight is proposed, the
new streetlight pole shall be designed to resemble existing poles in the right-of-way near
that location, including size, height, color, materials, and style, with the exception of any
existing pole designs that are scheduled to be removed and not replaced.
a. The base of the new streetlight shall be a minimum of 18 inches from the face of
the curb.
b. The new streetlight mast arm and luminaire shall be approved by the Public
Works Director.
3. All ventilation on the streetlight structure must be via flush vents. Vents must be
designed to maximally blend with the overall streetlight structure.
4. All shrouds shall be colored to match the streetlight pole.
5. All equipment shall be installed in shrouds as permitted herein and below grade.
6. All cabling, wires, and conduit shall be concealed completely within the pole and
applicable shrouds. Cabling and wires shall enter/exit the streetlight pole through conduit
sweeps within the streetlight footing.
Civil Engineering Division 17 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
Acceptable Configurations
The City has developed the following configuration options for personal wireless service
facilities on City-owned streetlights. The acceptable configurations are summarized in the table
below and detailed in the following sections. The City may designate zones and locations in the
City where certain configurations are permitted, permitted with conditions, or prohibited.
Design
Element
Configuration
Opt 1: Backpack Opt 2: Topper Opt 3: Base Shroud Pole
Pole-top shroud3 Permitted
Form factor: tubular/cylinder
Max dim: 60” (H)1 x 8” (dia)
Permitted
Form factor: tubular/cylinder
Max dim: 72” (H)1 x 12” (dia)
Permitted
Form factor: tubular/cylinder
Max dim: 84” (H)1 x 16” (dia)
Base shroud3 Not Permitted Not Permitted Permitted
Form factor: tubular/cylinder
(round poles), cuboid
(octagonal poles)
Max dim: 20” sq (WxD)
(cuboid) or 20” dia
(tubular/cylinder) x 60” (H)
(all form factors)
Shroud mounted
to side of pole3
Permitted
Form factor: cuboid
Max dim: 48” (H) x 16” (W) x
12” (D)2
Not Permitted Not Permitted
Other notes Unconcealed stainless steel
banding or similar prohibited
unless design calls for
shroud mounted to side of
pole only.
Stainless steel banding or
similar prohibited.
Stainless steel banding or
similar prohibited.
1 Height measured from top of streetlight pole to top of shroud
2 Depth shall be measured from the pole face to the outer extremity of the shroud (i.e., standoff brackets are
included in the depth calculation)
3 If a certain shroud is permitted, a maximum quantity of one (1) of that shroud may be installed on any streetlight
pole.
Notes:
1. Equipment that does not comply with the requirements set forth in a given configuration
shall be installed below grade, with the exception only for antennas.
2. A streetlight pole may only have one design configuration.
Option 1: Backpack
This configuration allows personal wireless service facility equipment to be installed in a shroud
mounted to the side of the pole and/or within a pole-top shroud. Base shrouds are prohibited
under this design configuration.
Pole-top shroud: Permitted subject to the following requirements:
1. The pole-top shroud shall be of a tubular/cylindrical form factor.
2. The maximum dimensions of the pole-top shroud shall not exceed:
3. Maximum height: 60” (measured from the top of the streetlight pole to the top of the
shroud)
4. Maximum diameter: 8” or diameter of pole at top of pole, whichever is greater.
Shroud mounted to side of pole (“backpack”): Permitted subject to the following requirements:
1. The backpack shall be of a cuboidal form factor.
Civil Engineering Division 18 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
2. Maximum height: 48”
3. Maximum width: 16”
4. Maximum depth: 12” (measured from the pole face to the outer extremity of the shroud;
the depth of any standoff brackets shall be considered in the calculation of total depth)
5. The backpack shall be mounted in the 3 o’clock, 6 o’clock, or 9 o’clock positions on the
pole where the streetlight luminaire shall be considered the 12 o’clock position. The
location of the backpack shall not block any portion of the illumination from the
luminaire.
All stainless steel banding or similar shall be concealed within shrouding unless the design
proposes a shroud mounted to the side of the pole only (i.e., no pole-top shroud is proposed).
Figure 2: A photosimulation of a City-owned streetlight with a personal wireless service facility located at
the northwest corner of 14th St and California Ave. The backpack is mounted in the 6 o’clock position and
the antenna shroud extends down the length of the pole to cover all stainless steel banding. These design
components meet the City’s design standards. (Note: The color of the shrouds should be a darker gray to
match the pole.) Other components, such as the WTR box, are installed below grade.
Civil Engineering Division 19 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
Option 2: Topper
This configuration allows personal wireless service facility equipment to be installed in a shroud
on top of the pole. Base shrouds and backpacks are prohibited under this design configuration.
Pole-top shroud requirements:
1. The pole-top shroud shall be of a tubular/cylindrical form factor.
2. Maximum height: 72” (measured from the top of the streetlight pole to the top of the
shroud)
3. Maximum diameter: 12”
Upon approval from the City, a cantenna may be exempted from full concealment in a tubular
shroud if it still achieves a tubular/cylindrical form factor. Stainless steel banding or similar is
prohibited.
Figure 3: A photosimulation of a City streetlight with a personal
wireless service facility located at the northwest corner of 10th St and
Maple St. The tubular design of the concealment shroud and
cantenna meets the City’s design standards. Other components, such
as the WTR box, are installed below grade.
Civil Engineering Division 20 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
Option 3: Base Shroud Pole
This configuration allows personal wireless service facility equipment to be installed in a shroud
on top of the pole and in a base shroud. Backpacks are prohibited under this design
configuration.
Pole-top shroud: Permitted subject to the following requirements:
1. The pole-top shroud shall be of a tubular/cylindrical form factor.
2. Maximum height: 84” (measured from the top of the streetlight pole to the top of the
shroud)
3. Maximum diameter: 16”
Upon approval from the City, a cantenna may be exempted from full concealment in a tubular
shroud if it still achieves a tubular/cylindrical form factor. Stainless steel banding or similar is
prohibited.
Base shroud: Permitted subject to the following requirements:
1. Base shrouds must either be cuboidal with chamfered sides or cylindrical/tubular. Final
selection of base shroud design is subject to City approval.
2. Cuboidal base shrouds shall have a maximum dimension of 20” square (WxD).
3. Round base shrouds shall have a maximum diameter of 20”.
4. Base shrouds shall not exceed 60” in height.
5. In no case shall base shrouds be located within 18” of the face of the curb.
Civil Engineering Division 21 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
Wooden Utility Poles Regulated by the Southern California Joint Pole Committee
The following design standards shall apply to all personal wireless service facilities on wooden
utility poles regulated by the Southern California Joint Pole Committee.
1. If top-of-pole mounting is not expressly prohibited by the California Public Utilities
Commission or other authority having jurisdiction, equipment shall be installed on top of
the wooden utility pole subject to the following requirements:
a. The wooden utility pole shall be equipped with a top-of-pole mounting bracket to
which the personal wireless service facility will be attached. The mounting
bracket shall be colored to match the pole.
b. All wiring running along the length of the pole shall be enclosed in appropriate
conduit colored to match the pole and installed flush to the pole (no riser or
equipment stand-off brackets).
c. Wiring in general shall be concealed to the maximum extent technically possible.
d. Equipment must be enclosed in a single tubular concealment shroud colored to
match the pole. Upon approval from the City, a cantenna may be exempted from
full concealment in a tubular shroud if it still achieves a tubular/cylindrical form
factor.
e. The concealment for all equipment shall not exceed a diameter of 12” or the pole
diameter at the height of installation, whichever is greater, or a height of 84”.
f. Equipment that exceeds the limitations set forth above shall be installed below
grade.
2. If top-of-pole mounting is expressly prohibited by the California Public Utilities
Commission or other authority having jurisdiction, equipment shall be installed at the
legally-permissible location subject to the following requirements.
a. All wiring running along the length of the pole shall be enclosed in appropriate
conduit colored to match the pole and installed flush to the pole (no riser or
equipment stand-off brackets). All horizontal cables shall be encased within the
bracket arm to the maximum extent technically possible.
b. Wiring in general shall be concealed to the maximum extent technically possible.
c. Equipment shall be installed on a bracket arm colored to the match the pole
subject to the following requirements:
i. Maximum length of bracket arm: 60”
ii. Max height: 48”
d. The bracket arm shall either be parallel or perpendicular to the adjacent.
3. Equipment that does not comply with the requirements set forth above shall be installed
below grade, with the exception only for antennas.
4. All installations on utility poles shall fully comply with the California Public Utilities
Commission general orders, including, but not limited to, General Order 95.
Civil Engineering Division 22 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
Figure 4: (Left) A photosimulation of a Joint Pole Committee utility pole with a personal wireless
service facility located in front of the Appian Way frontage of 1711 Ocean Front Walk. The
tubular design of the concealment shroud and cantenna meets the City’s design standards.
Other components, such as the WTR box, are installed below grade. (Right) A photosimulation
of a Joint Pole Committee utility pole with a personal wireless service facility located in front of
2320 20th St. The integrated bracket arm meets the City’s design standards. Other components,
such as the WTR box, are installed below grade.
Civil Engineering Division 23 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
Strand-Mount Installations
The following requirements shall apply to all personal wireless service facilities on pole-to-pole
communications lines (“strand-mount” installations).
1. All strand-mounted equipment shall be colored to a non-reflective gray color or similar
shade.
2. All wiring running along the length of the pole shall be enclosed in appropriate conduit
colored to match the pole and installed flush to the pole (no riser or equipment stand-off
brackets).
Standard Conditions of Approval
All permits shall be subject to the following conditions of approval, even if said approval is by
operation of law, as well as any modification of these conditions or additional conditions of
approval deemed necessary by the Public Works Director.
1. This approval is for those plans dated [Month] [Day], [Year] (revision [A]). Permittee shall
build in strict compliance to the approved plans. No deviation from the approved plans
shall be permitted without authorization from the City of Santa Monica.
2. Permittee shall obtain a Wireless Telecommunications Construction Permit within one
hundred eighty (180) days of the date of this 6409(a) Permit/Wireless Facility Permit or
the permit shall automatically become null and void. Permittee shall provide the following
information of the contractor performing the work prior to obtaining a Wireless
Telecommunications Construction Permit:
a. Point of contact, company, address, phone number, email
b. California Contractor State License Board number
c. Santa Monica business license number
d. Certificate of insurance acceptable to the City’s Risk Manager (see Exhibit A of
the Public Right-of-Way Personal Wireless Service Facility Standards and
Regulations (Standards) for insurance requirements)
All licenses and certificates of insurance shall be valid through the duration of the
Wireless Telecommunications Construction Permit.
3. Permittee shall comply with all Wireless Telecommunications Construction Permit
inspection procedures established by the Public Works Department.
4. Permittee shall not connect the personal wireless service facility approved in this
[6409(a) Permit/Wireless Facility Permit] to a personal wireless service network (e.g., a
wireless carrier’s network) until receiving final inspection approval on the related
Wireless Telecommunications Construction Permit from the Public Works Department.
5. Except in the case of emergencies, work, including maintenance, may only be performed
on the personal wireless facility during the days and times stated below:
Monday to Friday 8 AM to 6 PM
Saturday 9 AM to 5 PM
Sunday and Holidays No Work Permitted
Civil Engineering Division 24 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
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NOTE: If work requires a Temporary Traffic Control Plan that prescribes more restrictive
hours than those stated above, the more restrictive hours shall prevail.
6. The permittee shall submit as-built drawing within (90) days after installation of the
facility. As-built drawings shall be in an electronic format acceptable to the City.
7. The permittee shall submit and maintain current at all times basic contact and site
information on a form to be supplied by the City. The permittee shall notify the City of
any changes to the information submitted within thirty (30) days of any change, including
change of the name or legal status of the owner or operator.
8. The permittee shall notify the City in writing at least ninety (90) days prior to any transfer
or assignment of the permit. The written notice required in this section must include: (1)
the transferee’s legal name; (2) the transferee’s full contact information, including a
primary contact person, mailing address, telephone number and email address; and (3)
a statement signed by the transferee that the transferee shall accept all permit terms and
conditions. The Public Works Director may require the transferor and/or the transferee to
submit any materials or documentation necessary to determine that the proposed
transfer complies with the existing permit and all its conditions of approval, if any. Such
materials or documentation may include, but shall not be limited to: federal, state and/or
local approvals, licenses, certificates or franchise agreements; statements; photographs;
site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency
engineer demonstrating compliance with all applicable regulations and standards of the
FCC.
9. At all times, all required notices and/or signs shall be posted on the site as required by
the Federal Communications Commission. The location and dimensions of a sign
bearing the emergency contact name and telephone number shall be posted pursuant to
the approved plans.
10. If a nearby property owner registers a noise complaint, the City shall forward the same to
the permittee. Said compliant shall be reviewed and evaluated by the permittee. The
permittee shall have ten (10) business days to file a written response regarding the
complaint which shall include any applicable remedial measures. If the City determines
the complaint is valid and the applicant has not taken any steps to minimize the noise,
the City may hire a consultant to study, examine and evaluate the noise complaint and
the permittee shall pay the fee for the consultant if the site is found in violation of Santa
Monica Municipal Code Chapter 4.12. The matter shall be reviewed by the Public Works
Director. If the Public Works Director determines sound proofing or other sound
attenuation measures should be required to bring the project into compliance with the
Code, the Public Works Director may impose conditions on the project to achieve said
objective.
11. The permittee shall assume full liability for damage or injury caused to any property or
person by the facility.
12. The permittee shall repair, at its sole cost and expense, any damage including, but not
limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support
to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic
signals, improvements of any kind or nature, or utility lines and systems, underground
Civil Engineering Division 25 of 28 (310) 458-8737
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utility line and systems, or sewer systems and sewer lines that result from any activities
performed in connection with the installation and/or maintenance of a wireless facility in
the public right-of-way. The permittee shall restore such areas, structures and systems
to the condition in which they existed prior to the installation or maintenance that
necessitated the repairs. In the event the permittee fails to complete such repair within
thirty (30) days of being notified of the need for such repairs by the City, the City may
revoke the permit pursuant to Santa Monica Municipal Code Section 7.70.110.
13. 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, 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
Santa Monica Municipal Code Chapter 7.70; 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 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
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
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.
14. 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 facilities are fully
and completely removed and the site reasonably returned to its original condition, to
cover permittee’s obligations under these conditions of approval and Santa Monica
Municipal Code Chapter 7.70. The security 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 prior to issuance of a Wireless Telecommunications
Construction Permit in an amount rationally related to the obligations covered by the
bond and shall be specified in the conditions of approval.) Before issuance of any
Wireless Telecommunications Construction Permit, permittee must submit said security
instrument.
15. Permittee shall comply with the insurance requirements as set forth in Exhibit A of the
Standards for the duration of the permit. Permittee shall furnish proof of insurance prior
to issuance of a Wireless Telecommunications Construction Permit.
16. Permittee shall obtain all other required prior permits and other regulatory approvals
from other City departments, and state and federal agencies prior to issuance of a
Wireless Telecommunications Construction Permit to perform the work. This [6409(a)
Permit/Wireless Facility Permit] and any subsequent Wireless Telecommunications
Construction Permit shall be subject to the conditions and/or other requirements in any
other required prior permits or other regulatory approvals from other City departments,
Civil Engineering Division 26 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
and state and federal agencies.
17. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all
conditions of approval imposed by the permit prior to permit issuance.
Civil Engineering Division 27 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
APPROVED BY:
November 19, 2018
______________________________ ______________________
SUSAN CLINE DATE
Director
Department of Public Works
Civil Engineering Division 28 of 28 (310) 458-8737
Public Works Department smgov.net/engineering
Published 11/13/18
Exhibit A
Insurance Requirements
Permittee shall procure and maintain for the duration of the permit insurance against claims for injuries
to persons or damages to property that may arise from or in connection with the Permittee’s exercise
of rights granted by the permit.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, property damage, bodily
injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence.
If the Permittee maintains broader coverage or higher limits than the minimums shown above, the City
of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained
by the Permittee. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and
volunteers are to be covered as additional insureds on the CGL policy with respect to liability
arising out of Permittee’s exercise of rights granted by the permit. CGL coverage can be
provided in the form of an endorsement to the Permittee’s insurance (CG 20 12 07 98 or CG
20 13 04 13).
b. Primary Coverage: The Permittee’s insurance shall be primary coverage as respects the
City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self -
insurance maintained by the City of Santa Monica, its officers, officials, employees or
volunteers shall be in excess of the Permittee’s insurance and shall not contribute with it.
c. Waiver of Subrogation: Permittee hereby grants to the City of Santa Monica a waiver of any
right of subrogation which any insurer of said Permittee may acquire against the City of Santa
Monica by virtue of payment of any loss. Permittee agrees to obtain any endorsement that
may be necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City of Santa Monica has received a waiver of subrogation endorsement
from the insurer.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M.
Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. No self-
insurance is acceptable. The insurance policy limits shall not limit a party’s liability.
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City Council Meeting: November 27, 2018 Santa Monica, California
ORDINANCE NUMBER _________ (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 personal 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 provider’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;
4
(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 Section 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.
5
(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 personal 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.
6
(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
7
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
The 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 authorizes 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 deems
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 website.
8
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
9
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 holiday 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 Permit 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.
10
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 if the Public
11
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
12
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,
13
including the Public Right-of-Way Personal Wireless Service Facility Standards and
Regulations;
(d) The applicant has provided the Public 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 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
(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.
14
(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 renewal.
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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 confirming, 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 7.70.130(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;
16
(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 Benefit
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 facility 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
17
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 after 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 use 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 facility 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 personal 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 removal.
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 Expiration
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 security
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 bond 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, 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; 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 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 volunteers 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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Chapter 7.70 PUBLIC RIGHT-OF-WAY WIRELESS COMMUNICATION FACILITIES
7.70.010 Title and purpose.
This Chapter is known as and may be cited as the “Public Right-of-Way Wireless
Communication Facilities Ordinance” of the City of Santa Monica. The purpose of this Chapter is
to ensure that residents, public safety operations and businesses in the City of Santa Monica
have reliable access to wireless telecommunications networks and state of the art
communications services and that installations, modifications, and maintenance of wireless
communications facilities (WCF) in the public right-of-way (PROW) are completed in a manner
consistent with all applicable laws, are safe, and avoid or mitigate visual, environmental and
neighborhood impacts. This Chapter regulates WCF installations in the PROW and on City-owned
property within the City limits. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.020 Definitions.
For the purposes of this Chapter, the following definitions apply:
(a) Abandon. When an owner of a WCF intends to permanently and completely cease all
business activity associated therewith or fails to comply with ongoing permit or lease terms.
(b) Accessory Equipment. Any equipment serving or being used in conjunction with a WCF.
This equipment includes, but is not limited to, utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets, storage sheds, shelters, vaults, or
other structures.
(c) Administrative Approval. Approval granted by designated staff members authorized to
grant approval after Administrative Review.
(d) Administrative Review. Evaluation of an application by designated staff. The procedures
for Administrative Review are established in the Wireless Application Policy and Guidelines
approved, published, and amended as necessary by the Director of Public Works.
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(e) Antenna. A device used to transmit and/or receive radio or electromagnetic waves for the
provision of services, including, but not limited to, cellular, paging, personal communications
services (PCS) and microwave communications. Such devices include, but are not limited to,
directional antennas, such as panel antenna, microwave dishes, and satellite dishes;
omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted wireless access
points. This definition does not apply to broadcast antennas, antennas designed for amateur radio
use, or satellite dishes designed for residential or household purposes.
(f) Base Station. A WCF, including all accessory equipment installed on and around an
existing structure in which the primary purpose of said structure is not to support the WCF; for
example, a utility pole or light standard.
(g) Camouflage. The means and methods by which a WCF is designed to conceal the
equipment and blend the installation with the surrounding environment. This is accomplished by
requiring the use of one or more concealment elements. The City of Santa Monica will not allow
installation of monopalms or other artificial trees or plants in the PROW.
(h) Carrier on Wheels or Cell on Wheels (“COW”). A portable self-contained WCF that can
be moved to a location and set up to provide wireless services on a temporary or emergency
basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna
support structure.
(i) Collocation. The act of siting multiple WCFs on an existing structure.
(j) Concealment Elements.
(1) Radio frequency transparent screening;
(2) Approved, specific colors;
(3) Minimizing the size of the site;
(4) Integrating the installation into existing utility infrastructure;
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(5) Installing new infrastructure that matches existing infrastructure in the area surrounding
the proposed site. The new infrastructure is then dedicated to the City and the installation is
integrated into the new infrastructure;
(6) Controlling the installation location.
(k) CPUC. The California Public Utilities Commission
(l) Director. The City’s Director of Public Works or designee.
(m) Distributed Antenna System (DAS). A network of one or more antenna and fiber optic
nodes connecting to a common base station or “hub.”
(n) EMF. Electromagnetic frequency.
(o) Existing Height. The height of the structure as originally approved or as of the most
recent modification that received regulatory approval prior to the passage of the Spectrum Act.
Height shall be measured from natural grade to the top of all appurtenances.
(p) Interference. Physically or electronically affecting the operation, views, signals or
functions of City equipment or third party equipment.
(q) Laws. Any and all applicable Federal, State and local ordinances, resolutions,
regulations, administrative orders, or other legal requirements.
(r) Macrocell Site. A macrocell provides the largest area of coverage within a mobile
network. The antennas for macrocells can be mounted on ground-based masts, rooftops or other
existing structures. They are generally positioned at a height that is not obstructed by terrain or
buildings. They provide radio coverage over varying distances depending on the frequency used,
the number of calls made and the physical terrain. Macrocell base stations typically occupy space
greater than eight cubic feet for station equipment, greater than three cubic feet per antenna and
three or more antennas. Macrocell have a typical power output in hundreds or thousands of watts.
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(s) Modifications. Changes to an existing WCF or structure that result in a substantial
change to the structure, increase the number of antennas, increase the size of the antennas or
increase the EMF output of the WCF are modifications. Modifications are subject to discretionary
review by the Director.
(t) Noticing. The process of sending, by certified mail, a City-approved letter of notification
describing the work to be performed. The letter must be sent to all business, owners and residents
within a five-hundred-foot radius of the site.
(u) Public Right-of-Way (PROW). Any public street, alley, sidewalk, or parkway that is
owned or granted by easement, operated, or controlled by the City.
(v) Routine Maintenance. Ensuring that a WCF and structure is kept in good operating
condition. Routine maintenance is subject to Administrative Review. Routine maintenance
includes, but is not limited to: inspections, testing and modifications that do not qualify as
modifications. For example, the strengthening of a structure’s foundation or replacement of
accessory equipment within an existing WCF is routine maintenance. A use of public property
permit, excavation permit and traffic control plans may still be required depending on the scope
and type of work required. Replacing the existing antennas with new, larger antennas or
increasing the number of antennas does not qualify as routine maintenance.
(w) Site. The WCF area occupied by the structure supporting the antenna, the accessory
equipment and the path of the wires and cable connecting the antenna to the accessory
equipment.
(x) Small Cell Site. An umbrella term for low-powered radio access nodes, including those
that operate in licensed spectrum and unlicensed carrier-grade Wi-Fi. Small cells occupy no more
than eight cubic feet for all base station equipment, and no more than three cubic feet per antenna
with a maximum of two antennas and typically have a range from ten meters to several hundred
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meters. Types of small cells include femtocells, picocells and microcells – broadly increasing in
size from femtocells (the smallest) to microcells (the largest).
(y) Substantial Change. Occurs when:
(1) The modification of the proposed WCF installation would increase the structure’s existing
height by more than ten percent or ten feet, whichever is greater.
(2) The modification of the proposed WCF installation would protrude from the edge of the
structure by more than six feet or would encroach on private property unless the applicant has a
letter of authorization from the land owner where the encroachment occurs.
(3) The modification of the proposed WCF installation involves the installation of more than
the standard number of new equipment cabinets for the technology involved, but not to exceed
four cabinets, or more than one new equipment shelter.
(4) The modification of the proposed WCF installation would entail any excavation or
deployment outside the current site.
(5) The modification would defeat the existing concealment elements of the WCF installation.
(6) The modification does not comply with conditions associated with the prior approval of
the WCF unless the non-compliance is due to an increase in existing height, width, addition of
cabinets, or new excavation that does not exceed the corresponding substantial change
thresholds.
(z) Wireless Local Area Network (Wi-Fi). A wireless networking technology that allows
computers and other devices to communicate over a wireless signal mainly using the 2.4
gigahertz (12 cm) UHF and 5 gigahertz (6 cm) SHF ISM radio bands. It describes network
components that are based on one of the 802.11 standards developed by the Institute of Electrical
and Electronics Engineers.
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(aa) Wireless Communications Facility (WCF). Any facility established for the purpose of
providing wireless transmission of voice, data, images or other information, including, but not
limited to, cellular telephone service, personal communications service (PCS), and paging
service. A WCF can consist of one or more antennas and accessory equipment. (Added by Ord.
No. 2525CCS § 1, adopted 7/26/16)
7.70.030 Application required.
The applicant shall submit an application on a City-approved form to the Public Works
Department. The application must be submitted per the Wireless Application Policy and
Guidelines and include all required attachments. Applications shall be rejected if all attachments
are not included at the time of submittal. The Director has the discretion to require applications
be submitted by appointment only and to set the frequency and number of appointments that will
be granted each day. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.040 Application closed.
An application will be deemed closed if, after it has been processed by the City, the City has
sent the applicant a communication requiring a response from the applicant and more than sixty
days lapses without a response from the applicant. Once an application has been closed it may
not be reopened and a new application must be made. No refunds will be provided for closed
applications. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.050 Fees and rental payments and amounts.
Application fees shall be governed by Resolution CCS 9667 as amended from time to time, or
other resolution as adopted by the City Council. All fees must be paid in full before any permit
shall issue from the City. Review fees must be paid at the time that the application is submitted.
These fees are for permit processing and issuance only and are in addition to any other applicable
fee or any separate payments that may be required for rent of City infrastructure. Rental amounts
shall be not less than fair market value as determined by the Director in his or her discretion. In
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determining rental amounts, the Director may take into account the rental amounts charged by
other comparable jurisdictions. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.060 New installations.
Installation of any form of WCF at any location where there is not currently a WCF and
installations where there is a WCF for another carrier will require noticing and is subject to
discretionary review by the Director. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.070 Modifications.
(a) Existing wireless projects that replace existing equipment with the like kind, number and
size of the existing equipment and do not increase the EMF output of the WCF can be approved
through Administrative Review at the Public Works counter as an over-the-counter permit and are
considered to be routine maintenance.
(b) Existing wireless projects that do result in a change to the existing site, whether a
substantial change or not, add new antennas or increase the EMF output of the WCF shall be
approved by the Director of Public Works or other designated staff authorized by the Director.
These projects are classified as modifications and are subject to Discretionary Approval.
(c) The City shall require that modifications to existing facilities bring the site into compliance
with all current laws.
(d) The applicable contractor’s licenses and insurance, as established by laws, shall be
required before the permit will be issued. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.080 Determination.
Where discretionary approval is required, the Director shall review the application, pertinent
documentation and public comments. Provided all of the following findings of fact are made, the
Director shall have published a formal letter of determination. The Director may impose additional
conditions on the permit relating to time, place and manner. The following items are prerequisites
of an approval.
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(a) The proposed facility complies with all of the applicable laws.
(b) The proposed facility will not interfere with the use of the PROW.
(c) The proposed facility’s impacts have been mitigated through the use of camouflage and
concealment elements.
(d) The proposed facility is in compliance with all Federal EMF emissions standards. (Added
by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.090 Appeals.
Any person may appeal the Director’s decision to the City Council within fourteen calendar
days after the determination has been served on the applicant and published. In the event that a
decision is appealed, Public Works staff will post the appealed matter to the Council Agenda and
provide the Council with copies of all application materials and comments from the public and
maybe required to brief the Council. The time and date of the appeal hearing before City Council
will be served on the public by the applicant in the same manner as the initial noticing. As Section
332(c)(7) of the Telecom-munications Act preempts local decisions premised directly or indirectly
on the environmental effects of radio frequency (RF) emissions, appeals to the Director’s decision
premised on the environmental effects of radio frequency emissions will not be considered.
(Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.100 Periodic review.
Permits are issued for a period of ten years from the date issued. To extend the permit for an
additional period of ten years, the carrier shall provide proof that it continues to have the legal
authority to occupy and use the PROW for the purpose set forth in its permit, that its site as it
exists at the time of the renewal is in full compliance with the applicable City permits issued for
the site, and pay the fees for renewal. Additionally, the carrier must provide an affidavit confirming
that the site is still in compliance with the FCC regulations. Failure to submit such an affidavit or
proof of legal authority to occupy or use the PROW shall be grounds for non-renewal of the permit.
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The burden is on the permittee to demonstrate that the site complies with the requirements herein.
(Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.110 Inspection and reporting.
The owner of the WCF when directed by the City, must perform an inspection of the WCF and
submit a report to the Public Works Department on the condition of the system to include any
identified concerns and corrective action taken. Additionally, as City crews perform maintenance
on City infrastructure they may identify maintenance concerns. These will be reported to the
owner of the WCF. The City shall give the applicant thirty days to correct the identified
maintenance concerns after which the City reserves the right to take any action it deems
necessary, which could include revocation of the permit. The burden is on the permittee to
demonstrate that it complies with the requirements herein. (Added by Ord. No. 2525CCS § 1,
adopted 7/26/16)
7.70.120 Revocation.
Any permit or other authorized use of the PROW granted under this Chapter may be revoked
or modified for cause in accordance with the provisions of this Section.
(a) Revocation proceedings may be initiated by the Director.
(b) Public Notice, Hearing, and Action. After conducting a duly-noticed public hearing, the
applicable Review Authority shall act on the proposed revocation.
(c) Required Findings. The Review Authority may revoke or modify the permit if it makes
any of the following findings:
(1) The permittee obtained the approval by means of fraud or misrepresentation of a material
fact;
(2) The permittee substantially expanded or altered the use or structure beyond what is set
forth in the permit or substantially changed the installations character;
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(3) The use in question has ceased to exist or has been suspended for six months or more;
(4) Failure to comply with any condition of a permit issued;
(5) Failure to comply with this Chapter;
(6) A substantive change of law affecting a utility’s authority to occupy or use the PROW or
the City’s ability to impose regulations relating to such occupation or use;
(7) A facility’s interference with a City project;
(8) A facility’s interference with vehicular or pedestrian use of the PROW;
(9) Failure to make a safe and timely restoration of the PROW;
(10) When circumstances make revocation in the best interest of the City.
(d) Notice of Action. A written determination of revocation shall be mailed to the WCF owner
within ten days of such determination.
(e) A permittee whose permit or right has been revoked may have the revocation reviewed,
upon written appeal as follows:
(1) Within fourteen days of the revocation, a written appeal shall be filed with the Director.
The appeal must contain a statement of any reasons why the permittee believes that the
revocation should be reviewed. The Director shall render a decision within twenty-one days of
receipt.
(2) If the Director denies the appeal, the permittee may file a written notice of appeal with the
City Council within twenty-one days of notification of the appeal denial. In addition to containing
a statement of any significant factors and/or hardships as well as alternatives explored, the appeal
must contain a response to the findings of the Director that resulted in the denial. The appeal shall
be conducted in accordance with the wireless application and siting policy. (Added by Ord. No.
2525CCS § 1, adopted 7/26/16)
7.70.130 Interference.
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(a) The WCF installation shall not damage or interfere in any way with City Property, the
City’s operations or the operations of prior-existing, third party installations. The City will
reasonably cooperate with the applicant and/or carrier to carry out such activities as are
necessary to correct the interference.
(1) Signal Interference. The applicant shall correct any such interference within twenty-four
hours of written notification of the interference. Upon the expiration of the twenty-four-hour cure
period and until the cause of the interference is eliminated, the applicant shall cease operation of
any WCF causing such interference until such interference is cured.
(2) Physical Interference. The City shall give the applicant thirty days to correct the
interference after which the City reserves the right to take any action it deems necessary, which
could include revocation of the permit.
(b) The City at all times reserves the right to take any action it deems necessary, in its sole
discretion, to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere
with the operation of the WCF. The City will in all cases, other than emergencies, give the
applicant thirty days’ written notification of such planned, non-emergency actions. (Added by Ord.
No. 2525CCS § 1, adopted 7/26/16)
7.70.140 Design standards for all sites in PROW.
(a) Engineering calculations sealed by a registered professional engineer licensed in
California shall be provided to ensure that the existing pole and footing are adequate to support
the new loads. When it is determined that the existing infrastructure is not adequate to support
the new loads, the applicant may propose to replace the existing infrastructure with adequate,
City-approved, new infrastructure at the applicant’s expense.
(b) No antenna owner or operator shall install an antenna or any related facility on a joint-use
pole unless such installation is designed and constructed to comply with the current edition of
CPUC General Order 95.
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(c) Where the City determines that it requires expert assistance in evaluating an application,
the City may hire a consultant and the fee charged by the consultant shall be reimbursed to the
City by the applicant regardless of the outcome of the application.
(d) Signage will be maintained in legible condition and the carrier will be required to replace
any faded signage within thirty days of receiving written notification from the City that it is in need
of replacing.
(e) All wireless communications facilities, including on-site generators, shall be designed to
be compliant with the City’s Noise Ordinance (Santa Monica Municipal Code Chapter 4.12) and
all other applicable laws. Failure to comply with the City’s adopted noise standard after written
notice and opportunity to cure have been given shall be grounds for the City to revoke the permit.
(f) All cabling and wiring must be contained in conduit, affixed directly to the face of the pole,
for as long as it is technically feasible. No exposed slack or extra cable will be allowed.
(g) No historic or decorative street lights are eligible for WCF installations.
(h) No electrical meters will be allowed. The applicant should negotiate directly with the
electric utility to determine a flat rate for installation. The applicant is responsible for the cost of
all electrical usage. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.150 Macrocell sites.
(a) Site Selection.
(1) Preferred locations are on existing infrastructure such as street lights. The infrastructure
selected shall be located at alleys and near property line prolongations. If the facility is not able
to be placed on existing infrastructure, the applicant shall provide a map of existing infrastructure
in the service area and describe why each such site was not feasible.
(2) When existing infrastructure sites have been exhausted, the City may require that the
applicant provide new infrastructure such as a street light, on which the WCF can be installed. In
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such cases, the new infrastructure shall be dedicated to the City and will have a primary purpose
other than as a WCF and the WCF will be the secondary use. This installation will be defined as
a wireless Base Station.
(3) When all other preferred sites have been exhausted and new infrastructure is not feasible,
the applicant may request the installation of a new tower, camouflaged by City-approved methods.
(b) Existing Infrastructure Requirements.
(1) Street Light.
(A) The installation shall not increase the total height by more than ten percent or ten feet,
whichever is greater, over other street lights in the area.
(B) The antenna must be mounted to the top of the pole, or flush to the pole near the top, in
a RF transparent screen that is coated or painted an approved color to match the street light pole.
The screen is considered to camouflage the installation.
(C) Equipment, other than antennas, must be in an underground vault. Vault vents must be
flush to the ground.
(D) Wires and cables must run in conduit inside the pole. Underground entry into the pole
through the foundation is required.
(E) As requested by the City, the applicant or carrier shall host on-site training for City
maintenance staff. The training will be offered for each WCF project on a street light pole. The
training shall include occupational safety, personal protection, proximity limits, emergency
procedures and contact information.
(2) Utility Pole.
(A) Antenna installations will be top of pole mount. If this is not feasible due to California Public
Utility Commission rules, then a replacement pole must be installed to comply with this
requirement and the Commission rules.
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(B) The antenna must be in a RF transparent screen that is coated or painted an approved
color to match the pole. The screen is considered to camouflage the installation.
(C) Equipment, other than antennas, must be in an underground vault. Vault vents must be
flush to the ground.
(D) If the existing utility pole already has more than two existing risers/drops, the pole must
be replaced with a metal pole that allows the new cable and wires to be inside the pole, in conduit.
The existing drops will also be relocated inside the new pole and underground entry into the pole
through the foundation is required. When the installation will result in two or fewer risers/drops on
the pole, the wires and cable may be installed as a riser/drop in conduit painted an approved color
or in commercially available black or dark brown conduit, as directed by the City.
(3) Traffic Pole.
(A) Antenna installations will be top of pole mount and shall not increase the height by more
than ten percent or ten feet, whichever is greater, over other traffic signals in the immediate
vicinity.
(B) Installations on poles with mast arms shall not be allowed when other suitable poles are
available in the area.
(C) All electrical wiring and components for the WCF will be contained inside the pole and
physically separated from the traffic signal wiring. No pull boxes shall be shared.
(D) The pole must have a handhole for maintenance of the traffic signal wiring. The handhole
must be located so as to provide safe and practical access to City maintenance staff.
(E) The antenna shall be enclosed in a RF transparent screen that is coated or painted to
match the color of the pole. The screen is considered to camouflage the installation.
(F) Equipment, other than antennas, shall be in an underground vault. Vault vents shall be
flush to the ground.
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(G) As requested by the City, the applicant or carrier shall host on-site training for City
maintenance staff. The training will be offered for each WCF project on a street light pole. The
training shall include occupational safety, personal protection, proximity limits, emergency
procedures and contact information. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.160 Small cell sites.
(a) Site Selection.
(1) The preferred location shall be on existing infrastructure such as utility poles or street
lights. The infrastructure selected should be located at alleys and near property line prolongations.
If the facility is not able to be placed on existing infrastructure, the applicant shall provide a map
of existing infrastructure in the service area and describe why each such site was not feasible.
(2) When existing infrastructure sites have been exhausted, the City requires that the
applicant dedicate new infrastructure such as a street light, on which the WCF can be installed.
In such cases, the new infrastructure shall be owned by the City and will have a primary purpose
other than as a WCF and the WCF will be a secondary use. This installation will be defined as a
wireless base station.
(b) Existing Infrastructure Requirements.
(1) Street Light.
(A) The antenna shall be the smallest possible volume but in no case greater than three cubic
feet. The antenna must be enclosed in an RF transparent screen unless a whip style antenna is
used. antenna installations will be top of pole mount and shall not increase the height by more
than ten percent or ten feet, whichever is greater, over other street lights in the immediate vicinity.
The small size of the antenna or RF screen, and color treatment is considered to camouflage the
installation.
(B) Equipment, other than antennas, shall be mounted as prescribed by the Director in one of
the manners described.
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(i) Equipment shall be mounted in a base shroud of approved design to be retrofitted to the
existing light standard. The base shroud shall be coated or painted with an approved color to
match the existing pole.
(ii) Equipment shall be mounted directly to the pole a minimum of eight feet above the existing
grade and be coated or painted with an approved color to match the existing pole.
(iii) Equipment shall be mounted to the pole in an equipment box a minimum of eight feet
above the existing grade. The equipment box shall be coated or painted an approved color to
match the existing pole and will be no wider than two times the diameter of the pole at the point it
is mounted nor protrude from the surface of the pole by more than eight inches.
(C) The applicant may propose or the City may require that the existing light standard be
replaced with a City-approved pole that is manufactured with a base shroud designed to accept
wireless equipment and integrated RF screen to accept a wireless antenna.
(2) Utility Pole.
(A) The antenna shall be the smallest possible volume but in no case greater than three cubic
feet and shall be mounted at the top of the pole or on the side of the pole with a bracket. When
mounted with a bracket the bracket may extend no more than eighteen inches from the surface
of the pole and will be coated or painted an approved color to match the existing pole. The antenna
must be enclosed in an RF transparent screen unless a whip style antenna is used. The small
size of the antenna or the RF screen, and color treatment is considered to camouflage the
installation.
(B) Equipment, other than antennas, shall be mounted as prescribed by the Director in one of
the manners described.
(i) Equipment shall be mounted directly to the pole a minimum of eight feet above the existing
grade and be coated or painted with an approved color to match the existing pole.
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(ii) Equipment shall be mounted in an equipment box that is mounted directly to the pole a
minimum of eight feet above the existing grade. The equipment or box shall be coated or painted
an approved color to match the existing pole and will be no wider than the diameter of the pole at
the point it is mounted nor protrude from the surface of the pole by more than eight inches.
(C) If the existing utility pole already has more than two existing risers/drops, the pole must
be replaced with a metal pole that allows the new cable and wires to be inside the pole, in conduit.
The existing drops will also be relocated inside the new pole and underground entry into the pole
through the foundation is required. When the installation will result in two or fewer risers/drops on
the pole, the wires and cable may be installed as a riser/drop in conduit painted an approved color
or in commercially available black or dark brown conduit, as directed by the City.
(3) Traffic Pole.
(A) The antenna shall be the smallest possible volume but in no case greater than three cubic
feet. The antenna must be enclosed in an RF transparent screen unless a whip style antenna is
used. Antenna installations will be top of pole mount and shall not increase the height by more
than ten percent or ten feet, whichever is greater, over other street lights in the immediate vicinity.
The small size of the antenna or RF screen, and color treatment is considered to camouflage the
installation.
(B) Installations on poles with mast arms shall not be allowed when other suitable poles are
available in the area.
(C) All electrical wiring and components for the WCF will be contained inside the pole and
physically separated from the traffic signal wiring. No pull boxes shall be shared.
(D) The pole must have a handhole for maintenance of the traffic signal wiring. The handhole
must be located so as to provide safe and practical access to City maintenance staff.
(E) Equipment, other than antennas, shall be mounted as prescribed by the Director in one
of the manners described.
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(i) Equipment shall be mounted directly to the pole a minimum of eight feet above the existing
grade and be coated or painted with an approved color to match the existing pole.
(ii) Equipment shall be mounted in an equipment box that is mounted directly to the pole a
minimum of eight feet above the existing grade. The equipment or box shall be coated or painted
an approved color to match the existing pole and will be no wider than the diameter of the pole at
the point it is mounted nor protrude from the surface of the pole by more than eight inches.
(F) As requested by the City, the applicant or carrier shall host on-site training for City
maintenance staff. The training will be offered for each installation of a WCF on a traffic pole. The
training shall include occupational safety, personal protection, proximity limits, emergency
procedures and contact information. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.170 Aerial fiber optic strand-mounted wireless and Wi-Fi equipment.
(a) Equipment mounted on aerial fiber optic strands shall be the smallest possible volume.
(b) The equipment shall only be allowed on aerial fiber located in alleys or utility easements.
(c) The applicant shall provide authorization for the installation from the owner of the adjacent
poles on each side of the equipment.
(d) Only one installation shall be allowed between any two poles.
(e) No installation shall be within five feet of a door or window nor placed in front of any
window located at a similar height to the Wi-Fi unit. (Added by Ord. No. 2525CCS § 1, adopted
7/26/16)
7.70.180 Distributed antenna system (DAS).
Applications for DAS WCF shall be submitted as a single application and will have a single
master license agreement and memorandum of understanding for the entire project. Each
individual location within the system shall be processed and considered for approval separately.
Permitting fees will be applied to each site. Each location will be evaluated and must comply with
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the installation design guidelines for the type of site as defined by this Chapter. (Added by Ord.
No. 2525CCS § 1, adopted 7/26/16)
7.70.190 Carrier/cell on wheels (COW).
(a) A carrier-on-wheels (COW) will be placed in the PROW or City-owned property through a
use of public property permit.
(b) The setup location requested for the COW will be reviewed and at the discretion of the
Director of Public Works or designee may be modified to ensure public health and safety.
(c) The duration of a permit for a COW will be no longer than is necessary to establish the
network and provide the temporary coverage required by the event or emergency.
(d) At the discretion of the Director or designee, the permit may be revoked or modified when
in the best interest of the City.
(e) In accordance with Section 6.110.030 of this Code, a permit will not be required for a
COW when the installation is for the primary purpose of disseminating news, recent events, and
other current, public affairs. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.200 City-owned property.
(a) No freestanding antenna shall extend beyond fifteen feet above the height limit of the
District.
(b) Roofmounted antennas shall be located or screened so as to minimize pedestrian level
view from public streets or from any neighboring residential uses.
(c) The display of any sign or any other graphic on an antenna, structure or screening is
prohibited, except for public safety warnings. Warning graphics must be placed no higher than
eight feet above the base of the antenna, structure or screening and face away from the street.
(d) An antenna installation shall be coated or painted an approved color to blend with its
immediate surroundings.
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(e) Engineering calculations sealed by a registered professional engineer licensed in
California shall be provided to ensure that the existing structure is adequate to support the new
loads.
(f) All cautionary signage will be maintained in legible condition and the carrier will be
required to replace any faded signage within thirty days of receiving written notification from the
City that it is in need of replacing.
(g) All wireless communications facilities, including on-site generators, shall be designed to
be compliant with the City’s Noise Ordinance (Santa Monica Municipal Code Chapter 4.12) and
all other applicable laws. Failure to comply with the City’s adopted noise standard after written
notice and opportunity to cure have been given shall be grounds for the City to revoke the permit.
(h) All cabling and wiring must be contained in conduit for a long as it is technically feasible.
No exposed slack or extra cable will be allowed. (Added by Ord. No. 2525CCS § 1, adopted
7/26/16)
7.70.210 Deemed granted.
In the event that an application is deemed granted by rule of law, all conditions and design
guidelines as required by this ordinance are still applicable and required for the installation.
(Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.220 Future additions/modifications to the wireless communication facilities
provisions.
Due to rapidly changing technology and regulatory requirements, the City Council authorizes
the Director to publish a Wireless Application Policy and Guidelines to serve as further regulatory
guidance and clarification. The Policy and Guidelines may be updated at the discretion of the
Director to adjust for new technologies and regulations. (Added by Ord. No. 2525CCS § 1,
adopted 7/26/16)
7.70.230 Abandonment.
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Whenever a wireless provider abandons a wireless facility, the provider must notify the City
Engineer in writing of its planned abandonment. A wireless facility shall be removed within ninety
days of abandonment with attainment of all required permits. Any wireless facility not in use for a
period of six months shall be considered abandoned and shall be removed pursuant to this
Chapter. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
7.70.240 Provisions for underground utility districts.
If a wireless facility is placed on a utility pole or other structure that is located within a future
underground utility district, adopted by resolution of the City Council, the wireless facility must be
removed from the PROW at the owner’s expense. Replacement of the wireless facility is subject
to this code. (Added by Ord. No. 2525CCS § 1, adopted 7/26/16)
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 effectuate 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.
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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