O2129 (2)
F:\ATTY\MUNI\LAWS\CES\ROW Ordinance July 13 Council.doc
City Council Meeting 7-13-04 Santa Monica, California
ORDINANCE NUMBER 2129 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REGULATING UNDERGROUND UTILITY AND WIRELESS
TELECOMMUNICATIONS INSTALLATIONS ADDING CHAPTER 7.06 TO
THE SANTA MONICA MUNICIPAL CODE AND REPEALING SECTIONS
7.04.010, 7.04.020, 7.04.030, 7.04.040, 7.04.050, 7.04.060, 7.04.070,
7.04.080, 7.04.090, 7.04.100, 7.04.110, 7.04.120, 7.04.130, 7.04.140,
7.04.150, 7.04.160, 7.04.240, 7.04.250, 7.04.280, 7.04.290, 7.04.310,
7.04.330, 7.04.340, 7.04.350, 7.04.360, 7.04.660
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Sections 7.04.010,7.04.020,7.04.030,
7.04.040,7.04.050, 7.04.060, 7.04.070, 7.04.080, 7.04.090, 7.04.100, 7.04.110, 7.04.120,
7.04.130,7.04.140,7.04.150,7.04.160,7.04.240, 7.04.250, 7.04.280,7.04.290,7.04.310,
7.04.330, 7.04.340, 7.04.350, 7.04.360, and 7.04.660 are hereby deleted in their entirety.
SECTION 2. The title to Santa Monica Municipal Code Section 7.04 is hereby
amended to read as follows: "Chapter 7.04 STREETS, SEWERS, ETC."
SECTION 3. Chapter 7.06 is hereby added to the Santa Monica Municipal Code to
read as follows:
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Chapter 7.06 RIGHT OF WAY MANAGEMENT REGULATIONS
Section 7.06.100 INTRODUCTION
Section 7.06.101 Title
This chapter is known as and may be cited as the "Right of Way
Management Ordinance" of the City of Santa Monica.
Section 7.06.102 Definitions
For the purpose of this chapter, the following words or phrases are defined
below:
(a) Applicant - Any Utility, including any Utility's authorized agent,
requesting permission to install any F aGility or to make any Excavation in the PROW
on behalf of Utility.
(b) Day - One business day.
(c) Department - Environmental and Public Works Management
Department of the City of Santa Monica.
(e) Director - The Director of the Environmental and Public Works
Management Department or designee.
(f) Emergency - A condition that poses an imminent threat to life or
property, including any repairs necessary to restore service that is currently
disrupted.
(g) Excavation - Any trenching, digging, boring, tunneling, or jacking of
conduit or pipes or placement of a Facility or any other structure in the PROW by or
for Utilities.
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(h) Facility - Any property in the PROW used to provide service by any
Utility.
(i) Hazardous Material - Any substance of any kind including, waste, gas
or other material which, because of its quantity, concentration, or physical or
chemical properties or characteristics, is deemed by any federal, state, County, or
local law or authority to pose a present or potential hazard to health or safety or to
the environment.
U) Permittee - Any Utility that has obtained permission through the
issuance of a permit from the Department to make any Excavation or otherwise
locate, install or place Facilities in the PROW.
(k) PROW (Public right-of-way) - The area on, below, or above a city-
owned or controlled street or alley public right of way and the sidewalk and/or
parkway adjacent thereto.
(I) Utility - A company which is certified by the California Public Utilities
Commission or the Federal Communications Commission to provide or install any
Facilities for the delivery or transmission of telecommunications, Wireless,
electricity, oil, gas, internet or other similar data transfer service, including any utility
owned or operated by another city, county, or other governmental agency to the
extent allowed by law. For the purpose of this Chapter, Utility shall also include
companies providing cable television services. City owned utilities and facilities
installed in the PROW are exempt from the provisions of this Chapter.
(m) Wireless - Personal or commercial mobile telecommunication services
certified by the California Public Utilities Commission and common carrier wireless
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exchange access services utilizing radiofrequency signals emitted from any Facility
in the PROW.
(n) Work -Includes all labor, materials, equipment, services, and all other
things necessary for the Utility to install a Facility in the PROW, including without
limitation any changes requested by the City, in accordance with this Chapter and
all applicable laws and regulations.
Section 7.06.103 Purpose and Findings
The City Council finds and determines that it is in the interest of the City of
Santa Monica to establish regulations to manage the installation of Facilities in or
along the PROW. The City Council finds that the PROW within the City is crowded
with an ever increasing number of pedestrians and vehicles and both the surface
and the subsurface of the PROW has experienced a proliferation in competing
uses, including, without limitation, water, sewer, storm drains, gas, electric,
telephone, telecommunications, and cable lines that crisscross the PROW. The
large number and variety of these uses make management of the PROW necessary
in order to preserve and to maintain the public health and welfare. Accordingly, this
PROW Management Ordinance is adopted:
(1 ) To ensure public health, safety, and welfare.
(2) To manage the public right of way as to the time, place, and manner
in which it is accessed.
(a) To minimize the impacts of installations in crowded
PROWS.
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(b) To minimize the impacts of installations in areas of heavy
traffic.
(3) To preserve view corridors, to discourage visual blight and clutter and
to encourage aesthetic placement of Facilities.
(4) To accommodate public and City use of the PROW, so as to permit
maintenance of Facilities, and to minimize disruption to vehicular
traffic and pedestrian flow; and on-street parking.
(5) To minimize unnecessary disruption of the PROW by coordinating
installations so as to effectively manage use of the PROW.
(6) To ensure the structural integrity, reliability, performance, safety,
quality, ease of maintenance, and aesthetic integrity of the PROW.
(7) To ensure that similarity situated PROW users are treated in a
competitively neutral and non-discriminatory manner while complying
with applicable codes.
(8) To ensure compliance with all federal, state, county, and local laws.
(9) To prevent hazardous conditions along the PROW.
(10) To manage the long-term use of the PROW.
Section 7.06.200 APPLICABILITY
This Chapter shall apply to any Facility installed or otherwise placed in the
PROW on or after the effective date of this ordinance. Facilities constructed prior to the
effective date of this ordinance shall be brought into compliance with this Chapter when
that Facility is reconstructed, modified or replaced. This Chapter shall also apply to any
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Facility previously located, installed or otherwise placed in the PROW without
undergoing review and approval by the Director, unless otherwise authorized by
franchise agreement. Any such unauthorized Facility shall immediately be made
conforming to the regulations set forth in this Chapter.
Section 7.06.300 PERMIT
Section 7.06.301 Permit Required
No Work shall be executed in any part of the PROW for the installation,
repair or removal of any Facility, or for any other purpose, without first obtaining a
written permit in accordance with this Chapter.
Section 7.06.302 Permit Applications
Section 7.06.302.01 Application Required
Before a permit is issued, a written application must be filed with the
Department on a form approved by the Department. The application shall set forth
the name and address of the Applicant, including the name and address of the
Utility on behalf of which the Applicant is applying for permission to excavate or
otherwise locate, place or install Facilities in the PROW, if this is different than the
Applicant; and shall state in detail the location of all proposed Facilities and the
extent of the Excavation.
No permit shall be issued under this Chapter until and unless the Applicant
shall have first complied with the provisions of this Code requiring the issuance of
business licenses.
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The Applicant shall show legal authority to occupy and use for the purpose
mentioned in the application, the streets, alleys, sidewalks or other public places
where the excavation, placement, location or installation of Facilities is proposed to
be made.
In addition, Applicants shall provide the following information:
1. A site plan showing the exact location of the proposed Facility,
including other improvements in the project area;
2. A construction plan and schedule, to include start and end dates and
phasing, as required by the Department.
3. A utility study showing the location and depth of all utilities in the
immediate vicinity of the Facility.
4. For Wireless applications, photos, computer simulations or other
accurately scaled representations of the above ground location before and after
installation of all Facilities. Such photos, simulations or other accurately scaled
representations shall include all proposed antenna structures, antennas, and related
accessory equipment, including, without limitation, all related physical structures to
be placed in the PROW on any new or existing equipment or support device in order
for the City to assess compliance with this Chapter.
5. For Wireless applications, certified documentation by a licensed
engineer demonstrating that any proposed Wireless Facility will comply with the
most current allowable radiation and emission standards allowed by the Federal
Communications Commission for non-ionizing electromagnetic radiation (NEIR) and
electromagnetic fields (EMF). The Permittee shall provide an updated certified
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study to the City every two years. In the event that certified documentation is not
submitted, the City may hire a consultant to evaluate the potential NEIR or EMF of
the proposed Facility. The fee charged by the consultant shall be paid by the
Applicant/Permittee.
6. For Major Wireless Facility Permit applications, a radius map and a
certified list of the names and addresses of all property owners, as shown on the
latest assessment roll of the county assessor, and commercial and residential
tenants within five hundred feet (500') of the exterior boundaries of the property
involved. This list shall be in an approved mailing label format.
7. The Director is authorized to develop, revise, and require Applicants to
use detailed information request forms as may be necessary to collect information
useful in evaluating permit applications.
Section 7.06.302.02 Fee
(a) Processing Fees. Fees for any permit or application required by this
Chapter shall be governed by Resolution CCS 9667 as amended from time to time,
or other resolution as adopted by the City Council.
(b) Independent Consultant. At the discretion of the Director and as
reasonably required, the Applicant may be required to provide an authorization
waiver to permit the City to hire an independent qualified consultant to evaluate any
technical aspect of the proposed Facility, including, but not limited to, compliance
with applicable federal emission standards, potential for interference with existing or
planned public safety emergency emission standards, potential for interference with
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existing or planned public safety emergency response telecommunications facilities,
or analysis of feasibility of alternate sites, screening methods or devices. Any
authorization for this purpose shall include an agreement by the Applicant to
reimburse the City for all reasonable costs associated with the consultation. Any
proprietary information disclosed to the City orthe consultant is hereby deemed not
to be a public record, shall remain confidential, and not be disclosed to any third
party without the express consent of the applicant, except as hereafter required by
operation of law or by court order.
Section 7.06.302.03 Cancellation of Permit Application and Refunds
Applicant shall notify the Department in writing to request the cancellation of
a permit application and to request any refund. Applicant will not be entitled to a
refund if the request for a cancellation is filed more than two (2) days after the
permit application was filed.
Section 7.06.303 Permit Types
The following permit types shall apply to all Work proposed by a Utility in the
PROW.
Section 7.06.303.01 Excavation Permit
An excavation permit shall be applicable when a Utility proposes to perform
an excavation in the PROW.
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Section 7.06.303.02 Wireless Facility Minor Permits
A Wireless Facility Minor Permit shall be applicable when (1) a Utility
proposes to install a Wireless Facility in the PROW and (2) the proposed antenna
will be placed on an existing pole and installed in such a way that it does not result
in a material change to the existing pole and (3) any equipment associated with the
Facility, except the antenna(s), shall be substantially underground. Examples of
installations which do not qualify for a Minor Permit include Facilities which extend
above the height of the existing poles in the immediate neighborhood, Facilities
which are installed on new poles which do not replace existing poles and Facilities
which include above ground cabinet equipment. Installations which involve the
replacement of an existing pole with a pole which is similar in operation and design
and which otherwise meet the requirements of this section shall be eligible for a
Minor Permit.
Utilities providing Wireless services which qualify for a permit under this
section will not be required to obtain a separate excavation permit for any sub-
surface portion of the Facility.
Section 7.06.303.03 Wireless Facility Major Permits
A Wireless Facility Major Permit shall be applicable when (1) a Utility
proposes to install a Wireless Facility in the PROW and (2) it does not qualify for a
Minor Permit. Examples of installations requiring a Major Permit include Facilities
which extend above the height of the existing poles in the immediate neighborhood,
Facilities which are installed on new poles and Facilities which include aboveground
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cabinet equipment.
Section 7.06.304 Wireless Major Permit Notice
At least fourteen (14) days prior to rendering a decision on the Wireless
Major Permit, written notice of the application shall be sent to all property owners
and residential and commercial tenants within a five hundred foot (500') radius of
the proposed Facility. For this purpose, the last known name and address of each
property owner as contained in the records of the Los Angeles County Assessor
shall be used. The address of the residential and commercial tenants shall be
determined by visual site inspection or other reasonable accurate means. The
Applicant shall provide a list of property owners and tenants within the prescribed
area of notification and shall sign an affidavit verifying that the list has been
prepared in accordance with the procedure outlined in this Section.
In issuing the permit, the Director shall take into consideration all comments
provided by the public.
Section 7.06.305 Permit Issuance
Section 7.06.305.01 Excavation Permit Issuance
The Director shall issue an Excavation Permit if the Director makes all of the
following findings:
(1 ) The permit will not substantially interfere with pedestrian use of the
PROW;
(2) The permit will not substantially interfere with vehicular safety; and
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(3) The requirements of this Chapter are met.
The Director may impose conditions on the permit prior to its issuance
relating to the time, place and manner of use of the PROW as set forth in this
Chapter. The Director may deny an Excavation Permit if the application is
incomplete or does not comply with the requirements of this Chapter. Such decision
shall be final.
Section 7.06.305.02 Wireless Minor Permit Issuance
Following a review of the application for a Wireless Minor Permit, the Director
shall issue a Wireless Minor Permit if the Director makes all of the following
findings:
(1 ) The permit will not substantially interfere with pedestrian use of the
PROW;
(2) The permit will not substantially interfere with vehicular safety; and
(3) The requirements of this Chapter are met.
The Director may impose conditions on the permit prior to its issuance
relating to the time, place and manner of use of the PROW as set forth in this
Chapter. The Director may deny a Wireless Permit if the application is incomplete
or does not comply with the requirements of this Chapter. Any denial shall be in
writing and shall describe the reasons for denial. Such decision shall be final.
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Section 7.06.305.03 Wireless Major Permit Issuance
Following a review of the application for a Wireless Major Permit and public
comment, the Director shall prepare a written decision which shall contain the
findings of fact upon which such decision is based. The Director may approve a
Wireless Major Permit application, in whole or in part, with or without conditions,
provided all of the following findings of fact are made:
(1 ) The propo~ed Facility complies with all ofthe applicable provisions of
this Chapter and Code.
(2) The proposed Facility will not interfere with the use of the PROW.
(3) The proposed construction plan and schedule will not unduly interfere
with the public's use of the PROW.
(4) The proposed Facility can be mitigated so that its impacts do not result
in a material change to the character of the location and the Facility relates
harmoniously with the surrounding neighborhood.
The Director may impose conditions on the permit prior to its issuance
relating to the time, place and manner of use of the PROW as set forth in this
Chapter.
The Director's decision shall not become effective until fourteen (14)
consecutive calendar days after it is served upon the Applicant by First Class Mail,
unless it is stayed as provided for in the appeal section of this Chapter. For
purposes of this section, service is effective five (5) calendar days after deposit of
the decision into the mail.
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Section 7.06.305.04 Wireless Major Permit Appeals
Within fourteen (14) calendar days after service on the Applicant of the notice
of determination by the Director to issue or deny a Major Wireless Permit or a
Telecommunications exemption application filed under this Chapter, any person
may appeal the decision to the City Council. Should a timely appeal be made,
issuance of the permit shall be stayed. The City Council shall review the application
de novo. The decision of the City Council shall be based on the same standards as
applicable to the Director. Appeals taken pursuant to this section shall be governed
by the appeal provisions of Section 9.04.20.24 of this Code.
If no appeal is made within the fourteen (14) day period, the permit shall be
issued.
Section 7.06.305.05 Permit Scope and Duration
(a) Upon approval by the Director, or City Council on appeal, of the
application, the Director shall issue a written permit for the Work.
(b) The permit shall specify the Utility issued the permit, the particular
portion or portions of the PROW covered by the permit, the extent of such Work and
its expiration date, which shall not exceed six (6) months from the date the permit is
issued. No permit shall be transferable. Every permit shall be void unless the Work
is commenced within forty five (45) days from the date of issuance of the permit.
(c) If the Work is not completed prior to the permit's expiration date, the
Director in his or her discretion may extend the expiration date for no more than one
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additional six (6) month period.
Section 7.06.305.06 Failure to Complete Work
If Work is not completed by the expiration date set forth on the permit,
Permittee will be required to re-apply for a new permit.
Nothing in this section shall be construed to guarantee approval of a new
permit.
Section 7.06.305.07 Emergency
Nothing in this Chapter shall be construed to prevent any Utility from making
any Emergency Excavation that may be necessary for the preservation of public
safety; provided, that the Utility making such Excavation shall file a permit
application and pay all prescribed fees no later than ten (10) days after the
Emergency Excavation was begun.
Section 7.06.305.08 Blanket Permit Qualifications
Notwithstanding this Chapter, Utilities which have a franchise with the City
may be granted a permit to complete service connections, to perform service
alterations, to perform routine repair of underground Facilities or to perform
abandonments provided that any such Work is less than one hundred (100) feet in
length. Work completed under this section shall be contingent upon a traffic
diversion plan approved by the Transportation Management Division.
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Section 7.06.305.09 Maintaining Permit at Work Site
Permittee shall keep at the location of the Work a copy of the permit and
must, on demand, exhibit the permit to any designated City representative.
Section 7.06.305.10 Procedure for Finalizing Permit
Immediately upon completion of Work, Permittee must notify the Department
for final inspection. Nothing in this section is intended to limit any other remedies of
the City.
Section 7.06.305.11 Periodic Review
Every five (5) years starting from the issuance of any Wireless Major Permit,
each Permittee shall provide legal authority that it continues to have the right to
occupy and use the PROW for the purpose set forth in its permit. Failure to submit
such an affidavit or lack of legal authority to occupy or use the PROW shall be
grounds for revoking a Wireless Major Permit.
Section 7.06.305.12 Modifications to Existing Facilities
The City finds that the technology associated with telecommunications
equipment is subject to rapid changes and upgrades as a result of improvements in
wireless technology, industry competition, and customer demands, and anticipates
that improved telecommunications Facilities, including, without limitation, antennas
and related equipment with reduced visual impacts will be available from time to
time with comparable or improved coverage and capacity capabilities. The City
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further finds that it is in the interest of the public health, safety, welfare, and
aesthetics that telecommunications providers be required to replace older Facilities
with newer Facilities of equal or greater capabilities and reduced visual impacts as
technological improvements become available. Therefore, whenever a Permittee
seeks to reconstruct, modify or replace any Facility permitted under this Chapter,
the Director shall review the existing Facility to determine whether requiring newer
equipment or applying new screening techniques that further reduce visual impact is
appropriate and technically feasible and, if such a finding is made, the Director, may
so condition any such Work. Nothing in this section is intended to waive the permit
requirements for any such Work.
Section 7.06.400 DESIGN STANDARDS
To the extent permitted by law, the City shall approve the placement and design of
all Facilities installed on the PROW governed by the Chapter. The City shall consider the
following guidelines when approving a Facility governed by this Chapter to the extent
permitted by law.
Section 7.06.401 Site Selection Criteria
(a) Traffic Obstruction. The placement of the Facility shall not impede
vehicular or pedestrian traffic flow.
(b) Over Concentration. Only one Wireless Facility and associated
equipment shall be permitted every 100 feet. Any Facility which is co-located with
another Facility shall be exempt from this requirement.
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(c) Antenna Locations. Wireless facilities located on existing infra-
structure, such as utility poles and street light poles, shall be preferred.
(d) Alley Preference. Except for antennas, Facilities located in alleys and
near property line prolongations shall be preferred.
(e) Exhaustion of Other Sites. For Wireless installations, as a general
policy, given the limited PROW in the City, the placement of antennas on private
property is preferable to the placement of antennas on the PROW. In addition, the
placement of antennas in commercial areas of the City is generally preferable to the
placement of antennas in residential areas of the City. Prior to placing an antenna
in a PROW adjacent to a residential zone, the Applicant must demonstrate that no
feasible alternate locations exist within a 300 foot radius (not including the width of
the PROW) of the following: (1) private property in commercial areas ofthe City; (2)
private property in residential areas of the City; and (3) PROW in commercial areas
of the City. Prior to placing an antenna in a PROW adjacent to a non-residential
zone, the Applicant must demonstrate that no feasible alternate locations exist on
private property in commercial areas within the coverage area of the proposed site.
(f) If the proposed location is not a preferred location, as set forth in
Sections (c), (d), and (e) of this section, the Applicant shall provide a list by address
and Assessor's parcel Number and a map of all preferred location sites within the
service area; what good faith efforts and measures were taken to secure each other
of these preferred location sites; describe why each such site was not
technologically, legally or economically feasible and why such efforts were
unsuccessful; how and why the proposed site is essential to meet service demands
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for the geographic service area and the citywide network. This information is
necessary to determine whether there will be a significant gap in coverage if the
project is not approved or whether alternatives exist for providing coverage. The
City may hire a consultant to evaluate the Applicant's showing and the fee charged
by the consultant shall be paid by the Applicant.
Section 7.06.402 Visual Impact
(a) Unobtrusive Design. Facilities shall be designed to be as visually
unobtrusive as possible. Applicant shall size antennas, mast arms, cabinet
equipment and other Facilities to minimize visual clutter. Colors and designs must
be visually neutral, integrated and compatible with surrounding buildings and/or
uses in the area. Facilities shall be sited to avoid or minimize obstruction of views
from adjacent properties and otherwise preserve the aesthetic integrity of the
PROW.
(b) Finish Materials. Facilities shall not be of a bright, shiny, or glare
reflective finish. The Facility shall be finished in a color to neutralize it and blend it
with, rather than contrast it from, the sky and site improvements immediately
surrounding, provided that, wherever feasible, a light color shall be used to meet
this requirement.
(c) Underground Placement. The base station and all associated
equipment including wires and cables necessary for the operation of a Wireless
Facility shall be placed underground so that the antenna is the only portion of the
Facility that is above ground. If some other placement is proposed, the Applicant
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shall demonstrate to the satisfaction of the City that it is not feasible to locate this
equipment below ground. The City may hire a consultant to evaluate the Applicant's
submittal and the fee charged by the consultant shall be paid by the Applicant.
(d) Camouflaged Design. Applicant shall use state of the art, well
camouflaged designs to minimize visual impact of the Facility. For example, the
visual impact of a Facility may be mitigated by integrating it into existing functional
facilities such as street light or utility poles. The City may hire a consultant to
evaluate the Applicant's submittal and the fee charged by the consultant shall be
paid by the Applicant.
(e) Screening. Applicant shall screen the Facility to take into account the
existing improvements in the immediate area, including fencing, walls, berms,
structures, painting and landscaping.
(f) Landscaping. New landscaping and irrigation designs shall be
performed under the supervision of a Licensed Landscape Architect in accordance
with the City's landscaping standards. No faux design of any kind, including artificial
landscaping materials, shall be used as part of the installation.
Section 7.06.403 Antenna Requirements
(a) Camouflage Requirement. Antennas shall be camouflaged so that
they do not materially change the aesthetic character of the immediate vicinity of the
Facility and so that they relate harmoniously with the surrounding neighborhood.
Antennas shall be the smallest size currently available at the time the application is
filed to perform the intended function. In general, an array of smaller antennas is
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preferable to one larger antenna. Antennas shall be integrated into other facilities in
the PROW such as utility poles or street light poles. For example, if antennas are to
be placed in a new operating street light, the new operating street light shall match
the adjacent lights in spacing and design.
(b) Horizontal Mast Arms. Horizontal mast arms supporting pole mounted
antennas shall be the minimum length permitted under General Order 95
promulgated by the Public Utilities Commission or other applicable safety laws.
(c) Pole Height. The maximum height of any new or replacement street
light pole installed under this Chapter shall not be substantially higher than other
comparable street light poles in the immediate vicinity.
(d) City improvements. Antenna installations on existing City
improvements shall be placed in a manner so that the size, appearance and
function of the final installation is essentially identical to the installation prior to the
antenna installation taking place. No faux or otherwise non-functioning street lights
or artificial landscaping shall be permitted.
Section 7.06.500 GENERAL CONDITIONS
All permits governed by the Chapter shall be subject to the following general
conditions.
Section 7.06.501 Compliance with Applicable Law and Regulations
This Chapter is not intended to be the exclusive means of regulating
installation of Facilities in the PROW and nothing herein is intended to waive any
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other applicable City requirements, including but not limited to building permit
requirements, storm water runoff requirement, business license requirements and
undergrounding regulations. The Applicant/Permittee must obtain all permits,
licenses, and similar authorizations that are required by other governmental entities
for the installation of its Facilities. The Utility must also be and remain in
compliance with all applicable statutes, ordinances, rules, regulations, orders, and
decisions issued by any federal, state or local governmental body or agency,
including without limitation those issued by the California Public Utilities Commission
and the Federal Communications Commission.
Section 7.06.502 Nonexclusive Use of PROW
All permits to construct or place Facilities in the PROW shall be non-
exclusive. Neither the granting of an Excavation or other permit under this Chapter
by the City provides any Permittee with an exclusive use of the PROW.
Section 7.06.503 Maintenance of Facilities
The Applicant/Permittee shall maintain all Facilities installed in the PROW in
a condition which maintains the safety, integrity, and aesthetics of the PROW and
the Facilities, including, but not limited to: all landscaping installed must be properly
and regularly maintained; graffiti and posters must be removed within forty-eight
(48) hours after written notification to the Permittee; and above-ground cabinets and
other above-ground Facilities shall not appear to be unkempt.
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Section 7.06.504 Regulations
To the extent not preempted by applicable laws, the Director may prescribe
regulations covering the location, size and depth of excavations in public streets and
sidewalks as he or she may deem necessary for the public safety and welfare.
Where such regulations are general in character and are designed to apply to all
excavations of a certain type or nature, they shall be promulgated in writing showing
the date of their enactment, and a copy thereof, duly certified to by the Director shall
be kept on file where they may be made available for public inspection upon the
demand of any person. All Work performed under this chapter shall be subject to
such regulations.
Section 7.06.505 Submittals
Prior to the issuance of any permit, each Applicant shall provide the
Department with evidence that it has obtained all applicable business, state permits,
and other licenses, as well as insurance and performance and payment bonds in an
amount and form specified by the Department.
Section 7.06.506 Coordination
Section 7.06.506.01 Coordination with other Projects
To the maximum extent possible and as permitted by law, an Applicant shall
design and schedule its Work so as to coordinate its Work with other persons
installing, constructing, or maintaining Facilities in the PROW and with the City.
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Section 7.06.506.02 Network Diagram Submission
Commencing June 15, 2005 and each June 15th of each subsequent year,
each Utility with Facilities in the City shall submit an updated diagram in a format
acceptable to the Department of all Facilities owned or controlled by each such
Utility and located in the PROW. Such diagrams shall show, but not be limited to
showing, the number, size, and locations of antennas, pipelines, conduits, cables,
vaults, pedestals, and all other associated Facilities located in the PROW.
If a Utility's Facility diagram has not changed from the diagram submitted in a
previous year, in lieu of submitting a new diagram, a Utility may, at its election,
provide an affidavit to the City certifying that the previous year's map has not
changed. The certification shall also include the date that the previous map was
submitted to the City.
In order to ensure the security of installations, this information shall not be
made a public record, except that Utilities requesting a permit under this Chapter
may request portions of submitted diagrams affecting their proposed installation.
Section 7.06.506.03 Participation in Coordination Meetings
Each Utility shall participate in periodic coordination meetings as requested
by the City with other Utilities and affected public agencies. The purpose of these
meetings shall be to coordinate activity between public works projects and Utility
projects in the PROW.
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Section 7.06.507 Professional Engineer Requirements
No permit shall be issued for Excavation projects over one thousand (1,000)
lineal feet without submission of plans prepared under the direction of and stamped
by a Professional Engineer registered in the State of California, except to the extent
Applicant is exempted from this requirement by Business and Professions Code
6746, 6747 or other applicable law.
Section 7.06.508 Monument Restoration
When monuments exist that control the location of boundaries, roads, streets
or highways, or provide survey control, the monuments shall be restored pursuant to
the requirements set forth in the State of California's Professional Land Surveyor's
Act.
Section 7.06.509 Excavation Requirements
Section 7.06.509.01 Minimum Depth of Facilities
Except where preempted by applicable law, no Permittee shall install any
Facilities in any PROW at a distance of less than that defined by a map maintained
in the Office of the City Engineer.
Section 7.06.509.02 Excavation Under Sidewalks
Except for service connections, no Excavation shall be made under the
sidewalk or parkway between the curb line and a distance four (4) feet from the curb
line, as measured toward the property line or under any alley or court within three
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(3) feet of either side of the centerline.
Section 7.06.509.03 Limits of Excavation
No trench shall be opened in the PROW for the purpose of laying pipes or
conduits more than six hundred (600) feet in advance of pipe or conduit installation,
backfill and interim pavement construction.
Section 7.06.509.04 Location of Excavation
No Permittee shall make any Excavation to install any Facility under the
surface of any PROW other than that described in the approved permit. No
Permittee shall modify the permitted location of the Excavation, except for minor
variations in alignment due to interferences, unless approved ahead of time by the
Department.
Section 7.06.509.05 Excavation in Recently Paved Streets
Except in an Emergency or in the case of new service connections to a newly
constructed or substantially remodeled building, there shall be no Excavation in
streets completely resurfaced or reconstructed by the City within the preceding three
(3) years.
Section 7.06.509.06 Backfilling
Trench backfill shall be one of the following:
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1. 3/4 sack sand/cement slurry. This is to be used in narrow trenches 6
inches wide or less.
2. Decomposed granite mechanically compacted to 95% relative
compaction in 6 inch lifts.
3. Crushed miscellaneous base mechanically compacted to 95% relative
compaction in 6 inch lifts.
Except for base material used for subgrade under street pavement, native
soil may be used for backfill, subject to verification by the Director of the
competency of the soil. In those cases, the City will rely upon the analysis and
recommendations of a private soils engineer hired by the Utility, unless the City
elects to hire its own soils engineer to verify the competency of the soil. In such
case, the Utility shall pay the cost of the City-hired engineer.
Section 7.06.510 Construction Requirements
Section 7.06.510.01 Construction
The Utility is solely responsible for construction, installation and maintenance
of its Facilities. City has the right at all times to inspect construction of the Facilities
to assure compliance with all permits or approvals granted by City.
Section 7.06.510.02 Standard of Care
The Utility will undertake all authorized activities within the PROW of the City
in a skillful manner, consistent with the highest standards generally recognized as
being employed by professionals in the same discipline in the State of California.
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Facility installation activities must comply with applicable federal, state, and local
laws, regulations and rules.
Section 7.06.510.03 Public Notification
Except in cases of Blanket Permits, Permittee shall provide written
notification to all residents and businesses located within five hundred (500') feet,
not including the width of the PROW, of planned Work area seventy-two (72) hours
prior to the start of such Work in a form approved by the Department prior to
distribution. The Permittee shall ensure that the construction minimally impacts the
public.
Section 7.06.510.04 Commencement of Work
Permittee must provide notification to the Department that Work will
commence seventy-two (72) hours prior to start of Work.
Section 7.06.510.05 Diligence Required
The Work shall be prosecuted with due diligence so as not to obstruct the
PROW unduly. If the Work is not prosecuted diligently as determined by the
Director, the City will give Permittee written notice to correct the condition. If
Permittee does not diligently prosecute the Work to completion within the timeframe
specified by the Director, the City will restore the PROW to its preexisting condition
and charge Permittee for the Work.
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Section 7.06.510.06 Complaint Handling Procedure
Permittee shall have a designated community relations liaison to address
public concerns related to the project. Within twenty-four (24) hours of a complaint
or the next day thereafter, the liaison shall notify the Department of the date, nature,
and resolution of the complaint.
Permittee shall maintain on file with the Department a copy of the Utility's
community relations program outlining procedures for handling complaints.
Section 7.06.510.07 Emergency Phone List
I n regard to each permit issued, Permittee shall provide the Department with
Emergency contact information to include the name and phone number of the 24-
hour Emergency contact.
Section 7.06.510.08 Inspection
The Permittee shall make the Work site accessible to the City, and others
authorized by law, for inspection at all times during performance of Work under this
Chapter.
Section 7.06.510.09 Temporary Pavement Surface and Steel Plates
(a) When directed by the Department, the Permittee shall install steel
plates with non-slip surface to bridge any Excavation in the PROW during non-
working hours. Such plates shall be anchored so as to minimize movement.
(b) Backfilled excavations in streets shall be maintained for vehicular and
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pedestrian traffic by surfacing the trench with a temporary pavement according to
Department standards.
Section 7.06.510.10 Vehicle and Pedestrian Crossings
(a) It shall be the duty of every Permittee performing any Work in any
public street to maintain safe crossings for vehicular traffic and to ensure
compliance with paths of travel for disabled persons, including crossings for
pedestrians at intervals of not more than six hundred (600) feet, in accordance with
all applicable laws, including the Americans with Disabilities Act (ADA). Fire
hydrants, water and gas main shut-off valves, traffic signal control boxes, and
electrical and water meters must remain accessible at all times.
(b) It shall be the duty of every Permittee performing any Work in any
PROW to maintain signage and delineation throughout the area of the Work as may
be necessary to prevent accident and injury. In addition, if in the determination of
the Department, the nature or location of such Excavation requires lighting to
prevent injury or accidents, such lights must be placed at locations specified by the
Department.
Section 7.06.510.11 Job Site Cleanliness
The Work of removing from the PROW all excavated material and
construction debris is the responsibility of the Permittee. Removal and disposal
must occur within eight (8) hours of deposit in accordance with Chapter 7.60 et seq.
If Permittee fails to maintain the cleanliness of the site, the permit is subject to
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revocation as outlined in Section 7.06.510 et seq.
Section 7.06.510.12 Protection of Urban Forest
The Permittee shall retain, at its own cost, a certified arborist to advise the
Permittee's contractor doing underground work in the PROW as to appropriate
locations for underground vaults, conduits and other equipment and root pruning
techniques, if needed, so as to ensure minimal impact to existing trees and other
landscaping materials that are a part of the City's urban forest. The Permittee's
arborist shall coordinate their work with the City's Community Forester.
Section 7.06.510.13 Excavation Backfill Compaction Testing
When requested by the City, the Permittee shall perform backfill compaction
testing by a qualified testing laboratory and furnish copies of written reports to the
City. The City reserves the right to perform backfill compaction testing in conjunction
with the Permittee's construction activities. The Permittee must ensure proper
compaction prior to paving as required by the Department. If slurry is used for
backfill, compaction testing shall not be required.
Section 7.06.510.14 Construction As-Built Submission
For each permit completed, Permittee shall submit an as-built set of drawings
to the Department within sixty (60) days of completion of Work.
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Section 7.06.511 Insurance
Prior to commencing work, the Permittee shall secure the following types and
amounts of insurance:
Section 7.06.511.01 Minimum Limits of Insurance
Permittee shall obtain insurance of the types and in the amounts described
below:
1) Commercial General Liability Insurance (for projects 1,000 linear
feet or less). Permittee shall maintain commercial general liability
(CGL) with a limit of not less than $1,000,000 each
occurrence/$2,000,000 in the annual aggregate.
Commercial General Liability Insurance (for projects greater than
1,000 linear feet). Permittee shall maintain commercial general
liability (CGL) with a limit of not less than $3,000,000 each
occurrence/$3,000,000 in the annual aggregate.
Business Auto Liability Insurance. Premittee shall maintain
business auto liability with a limit of not less than $1,000,000 each
accident.
2) These amounts may be increased or decreased by the Risk Manager
upon a showing of special circumstances relating to risk to public
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property, public improvements or public safety.
Section 7.06.511.02 Minimum Scope of Insurance
CGL insurance shall be written on Insurance Services Office form CG 00 01
(or a substitute form providing equivalent coverage) and shall cover liability arising
from or in connection with permitted activity.
Business Auto Insurance shall cover liability arising out of any auto, including
owned, hired, and non-owned autos. Coverage shall be written on Insurance
Services Office form CA 00 01, CA 0005, CA 0012, CA 00 20, or a substitute form
providing equivalent liability coverage
Section 7.06.511.03 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions: City of Santa Monica, its officers,
officials, employees, and volunteers are to be covered as additional insureds with
respect to liability arising out of automobiles owned, leased, hired, or borrowed by or
on behalf of the Permittee; and with respect to liability arising out of work or
operations performed by or on behalf of the Permittee including materials, parts or
equipment furnished in connection with such work or operations.
Under the CGL policy or commercial umbrella policy, the Insurance Services
Office additional insured endorsement form CG 20 10 or a substitute providing
equivalent coverage shall be used
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Section 7.06.511.04 All Coverages
Each insurance required by this clause shall be endorsed to state that
coverage shall not be canceled except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City, attention City
Engineer.
If Permittee is self-insured for any of the required coverages, Permittee shall
provide to City's Risk Manager written certification as provided by either Permittee's
risk management professional, independent insurance consultant or actuary, or a
licensed insurance broker that Permittee has sufficient assets to provide coverage
as required in this section.
Section 7.06.511.05 Verification of Coverage
Permittee shall furnish the City of Santa Monica with original certificates and
copies of amendatory endorsements effecting coverage required by this section.
The certificates and endorsements for each policy are to be signed by a person
authorized by the insurer to bind coverage on its behalf. The certificates and
endorsements should be on forms provided by the City of Santa Monica or on other
than the City of Santa Monica's forms, provided those forms and endorsements
conform to the requirements. All certificates and endorsements are to be received
and approved by the City of Santa Monica before work commences.
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Section 7.06.511.06 Contractors and Subcontractors
Permittee shall include all contractors and subcontractors as additional
insureds under its policies or shall ensure that all contractors and subcontractors
meet all of the requirements stated herein.
Section 7.06.512 Indemnity
The Permittee shall defend, indemnify, and hold harmless the City of Santa
Monica, its Council, boards, commissions, officers, agents, volunteers, and
employees from and against any and all loss, damages, liability, claims, suits, costs
and expenses, whatsoever, including reasonable attorney's fees, regardless of the
merit or outcome of any such claim or suit, resulting from the alleged acts or
omissions of permittee, its officers, agents, or employees in connection with the
permitted Work. Nothing contained herein shall be construed as obligating
Permittee to indemnify City for losses resulting from its sole or active negligence or
willful misconduct.
Section 7.06.513 Warranty
The Utility warrants that any trench backfill, pavement restoration, or other
work performed by the Utility or its employees, agents, and contractors in the public
rights of way will be free from all defects due to faulty materials or quality of work for
a period of five years after the date of installation of the Facilities. The Utility will
repair or remove and replace all such backfill, pavement restoration, or other work,
together with any other pavement areas directly affected by that removal or
35
replacement, without any expense to City. If the Utility fails to comply diligently with
those provisions within ten (10) days after being notified in writing (or in cases of
Emergency, within 24 hours), City is authorized to proceed to have any backfill,
pavement restoration, or other defects remed ied at the sole cost and expense of the
Utility, and the Utility is obligated to pay those costs and expenses within thirty (30)
days of receipt of invoice. Such action by the City will not relieve the Utility of the
warranty provided for in this subsection.
Section 7.06.514 Cash Bond or Surety Bond
Notwithstanding any other provisions of this Code, whenever the Director or
the Building Officer determines that any Work proposed to be performed under any
permit issued by the Director or the Building Officer might endanger any adjoining
property, he or she may require, as a condition precedent to the issuance of such
permit, that there be provided a cash bond or a surety bond by an authorized surety
company acceptable and approved by the Risk Manager in the substance and form
acceptable to and approved by the City Attorney. Such bond shall be in a penal
sum prescribed by the Director or the Building Officer conditioned upon the repair, in
the manner directed by and strictly in accordance with the requirements of the
Director, of any and all damage (1) to private property (other than utilities) which in
the opinion of the Director or Building Officer was wholly or partially caused as a
direct or indirect result of any work under such permit, and (2) to public ways, other
public property, substructures and utilities, which in the opinion of the Director or
Building Officer was wholly or partially caused as the direct or indirect result of any
36
work under such permit, or alternatively the payment of the cost of any such repairs,
made by the City or owner of any utility, or both.
Section 7.06.515 Hazardous Materials
Permittee shall comply with all federal, state, county, and local laws regarding
Hazardous Material, including, but not limited to, all rules and regulations
concerning the storage, handling and disposal of Hazardous Material.
Section 7.06.516 Water/Storm Water Runoff Mitigation
The Permittee shall prevent all non-storm water discharge from the
construction site from entering the storm drain system in accordance with Chapter
97.10.060 et seq. of the Municipal Code.
Section 7.06.517 Facility.Marking Requirements
Upon completion of the Work, Permittee shall identify the completed project
with a marker no less than one (1) inch in diameter and embedded a minimum of
two and one-half (2.5) inches into the pavement or sidewalk. The marker shall be
permanently imprinted with the letter "G" for natural gas lines, "E" for electric power
lines, "T" for telecommunications companies, or "C" for cable television companies.
The Director shall develop other marker symbols as necessary and appropriate.
Markers shall be placed at intervals of no more than every sixty (60) feet.
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Section 7.06.518 Duty to Remove Facilities from PROW
The City may order a Utility to remove or relocate its Facilities from the
PROW at the Utility's own expense when the Facility interferes with the City's use of
the PROW, or when the Utility abandons the Facilities.
If not removed voluntarily by the Utility, then the City may notify such Utility
that should removal of the Facility not be accomplished within a reasonable time
specified by the City, the City may direct its officials or representatives to remove
such Facilities at that Utility's expense.
If the City removes the Facilities and Utility does not claim the property within
sixty (60) days of its removal, then the City may take whatever steps are available
under the law to declare the property abandoned or surplus, and sell it, with the
proceeds of such sale going to the City as permitted by law.
When a Utility removes its Facilities from the PROW located within the City,
the Utility shall at its own expense, and in the manner prescribed by the City,
replace and restore such PROW in accordance with repair standards adopted by
the Department.
Section 7.06.600 PERMIT NON-COMPLIANCE; NO WAIVERS
No Permittee shall be excused from complying with any of the provisions of
this Chapter by any failure of the City on anyone or more occasions to seek, or
insist upon, compliance with any requirements or provisions of this Code.
Regardless of the City's failure to seek compliance on any occasions, such action
shall not be considered a waiver of any requirements of this Code.
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Section 7.06.700 PERMIT REVOCATION
The City may revoke a permit or any other right to use the PROW issued under this
Chapter for any of the following reasons:
(a) Failure to comply with any condition of a permit issued,
(b) Failure to comply with this Chapter;
(c) A substantive change of Jaw affecting a Utility's authority to occupy or use the
PROW or the City's ability to impose regulations relating to such occupation
or use;
(d) A Facility's interference with a City project;
(e) A Facility's interference with vehicular or pedestrian use of the PROW;
(f) Failure to make a safe and timely restoration of the PROW.
Section 7.06.701 Appeal
A Permittee whose permit or right has been revoked may have the revocation
reviewed, upon written appeal as follows:
(a) Within fourteen (14) 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 (21) days of receipt.
(b) If the Director denies the appeal, the Permittee may file a written
notice of appeal with the City Council within twenty-one (21) days of notification of
the appeal denial. In addition to containing a statement of any significant factors
39
and/or hardships as well as alternatives explored, the appeal must contain a
response to the findings of the Director that resulted in the denial. The appeal shall
be conducted in accordance with the procedures governing Wireless Major Permit
appeals.
Section 7.06.800 ADDITIONAL WIRELESS FACILITY REQUIREMENTS
The Wireless Facilities in the PROW shall be subject to the following additional
requirements.
Section 7.06.801 Abandonment
Whenever a Wireless provider intends to discontinue use of its Wireless
Facility the provider must notify the City Engineer in writing of its planned
abandonment of the Wireless Facility. Wireless Facility shall be removed within 30
days of abandonment. Any Wireless Facility not in use for a period of six (6)
months shall be considered abandoned and shall be removed pursuant to this
Chapter.
Section 7.06.802 Provisions for Underground Utility Districts
If a Wireless Facility is placed on a utility pole or other structure that is
located within a new underground utility district adopted by resolution of the City
Council, the Wireless Facility must be removed from the PROW at the Utilities
expense. Replacement of the Wireless Facility is subject to this code.
40
Section 7.06.900 EXEMPTION PROCEDURES
A Utility may apply to the Director for an exemption from any of the requirements of
this Chapter in accordance with this section.
Section 7.06.901 Hardship Exemption.
A Utility may apply to the Director for an exemption from any of the
requirements of this Chapter on the grounds that such requirement (1) is not
feasible or (2) constitutes an undue hardship.
An application shall include information necessary for the City to make its
decision, including but not limited to reports or studies showing the factual support
for the claimed exemption. The Director may require the Utility to provide additional
information to permit the Director to determine facts regarding the Hardship
Exemption application.
Following a review of the application, the Director may approve the
exemption, in whole or in part, with or without conditions, provided all of the
following findings of fact are made:
(1 ) The subject requirement is not feasible or constitutes an undue
hardship;
(2) The Work will not substantially interfere with pedestrian use of the
PROW;
(3) The Work will not substantially interfere with vehicular safety;
(4) The Facility will serve a community benefit;
(5) The requirements of this Chapter are met, except for the requirement
41
sought to be waived; and
(6) The proposed Facility can be mitigated so that its impacts do not result
in a material change to the character of the location and relate harmoniously with
the surrounding neighborhood.
The Director's decision shall become effective immediately. The Director's
decision is final and shall not be appealable.
Section 7.06.902 Telecommunications Exemption
A Wireless Utility may apply to the Director for an exemption from any of the
requirements of this Chapter on the grounds that such requirement constitutes a
prohibition pursuant to Section 253(a) of the Telecommunication Act of 1996 (as
may be amended), or other law.
An application shall include information necessary for the City to make its
decision, including but not limited to reports or studies showing the factual support
for the claimed exemption. The Director may require the Wireless Utility to provide
additional information to permit the Director to determine facts regarding the
Telecommunications Exemption application.
In addition, the application shall include a radius map and a certified list of
the names and addresses of all property owners, as shown on the latest
assessment roll of the county assessor, and commercial and residential tenants
within five hundred feet (500') of the exterior boundaries of the property involved.
This list shall be in an approved mailing label format.
Such waiver request shall be subject to a hearing by the Director. Following
42
a review of the application and hearing, the Director shall prepare a written decision
which shall contain the findings of fact upon which such decision is based. Such
decision shall be issued within 30 days of the hearing. The Director may approve
the exemption, in whole or in part, with or without conditions, provided all of the
following findings of fact are made:
(1 ) The subject requirement constitutes a prohibition pursuant to Section
253(a) of the Telecommunication Act of 1996 (as may be amended), or other law.
(2) There are special circumstances or exceptional characteristics
applicable to the Facility or the proposed location, including size, shape,
topography, location, or surroundings, or to the intended use or development of the
property that do not apply to other properties in the vicinity containing similar
Facilities.
(3) The proposed Facility complies with all ofthe applicable provisions of
this Chapter and Code, except for the requirement subject of the waiver request.
(4) The proposed Facility will not interfere with the use of the PROW.
(5) The proposed Facility can be mitigated so that its impacts do not result
in a material change to the character of the location and relate harmoniously with
the surrounding neighborhood.
The Director's decision shall not become effective until fourteen (14)
consecutive calendar days after it is served by First Class mail upon the Applicant,
unless it is stayed as provided for in the appeal section of this Chapter. The
Director's decision is appealable to the City Council by any person in accordance
with the appeal provision of this Chapter.
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Section 7.06.1000 APPLICABILITY OF OTHER LAWS
Section 7.06.1001 Reservation of Rights
(a) General Reservation. By granting a permit under the terms of this
Chapter, the City does not waive any rights reserved to the City under any
applicable law, including Public Utilities Code Sections 7901 and 7901.1 et. seq.,
including but not limited to the City's right to regulate the time, place, and manner of
a Utility's access to the City's PROW. The City also does not waive any rights
reserved to the City under the Telecommunications Act of 1996, including, but not
limited to, those rights set forth in Section 253 (c) ef seq. of the Act reserving to
cities the right to manage the City's PROW and to require fair and reasonable
compensation from Utility Providers on a competitively neutral and
nondiscriminatory basis for the use of public rights of way on a nondiscriminatory
basis if the compensation required is publicly disclosed by the City.
(b) No Express Authorization to Place Utility on City-Owned Facility.
Further, nothing in this Ordinance shall be construed as granting any right, whether
express or implied, to any Utility to place a Facility on City-owned property.
Section 7.06.1002 Future Changes in the Law
The City's rights under this Chapter are coextensive with the City's rights
under current state law with regard to the use of the PROW by telecommunication
corporations (as defined by the Public Utilities Code). Iffuture changes to state or
44
federal law authorize the City to regulate the Utility and its activities within the City
and the public rights of way to a greater degree than is now authorized by this
Chapter, nothing in this Ordinance will be deemed to limit, restrict in any way, or to
modify the City's exercise of that regulatory authority.
Section 7.06.1003 Applicability of Franchise Agreements
The City recognizes that in some cases a Utility's local franchise agreement
and/or applicable federal or state laws may take precedence over this Ordinance.
The City also recognizes that the local franchise agreements generally require
compliance with the Santa Monica Municipal Code. I n the case of a conflict
between a franchise provision, a federal law or a state law, on the one hand, and a
provision of this Ordinance, on the other hand, each situation will require a caseby
case analysis to determine the applicable requirement.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices that
is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 5. 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
45
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption. This Ordinance shall become
effective thirty (30) days from its adoption.
APPROVED AS TO FORM:
MARSHA JONES
City Attorney
46
Approved and adopted this 13th day of July, 2004.
R--~
Richard Bloom, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2129 (CCS) had its introduction on June 22,2004, and was
adopted at the Santa Monica City Council meeting held on July 13, 2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tern McKeown, Feinstein,
Katz, Holbrook, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Genser
ATTEST:
~~.~...~
Maria M. Stewart, Cit~ Clerk
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