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;
(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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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.
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.
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.
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.
Base station.
The same meaning as it is defined in 47 CFR Section 1.40001(b)(1).
City Engineer.
The City Engineer or his or her designee.
Code.
Santa Monica Municipal Code.
Collocation.
The same meaning as it is defined by the FCC.
Day.
Unless specifically set out in this Chapter, a "day" shall mean one calendar day.
Existing.
The same meaning as it is defined in 47 CFR Section 1.40001(b)(5).
Eligible facilities request.
The same meaning as it is defined in 47 CFR Section 1.40001(b)(3).
FCC.
Federal Communications Commission.
Laws.
Any and all applicable Federal, State and local ordinances, resolutions, regulations, administrative orders, or other legal requirements.
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.
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.
Person.
An individual or legal entity that is recognized by law as the subject of rights and duties.
Personal wireless services.
The same meaning as it is defined in 47 USC Section 332(c)(7)(C)(i).
Personal wireless service facilities.
The same meaning as it is defined in 47 USC Section 332(c)(7)(C)(ii).
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.
Public Works Director.
The Public Works Director or his or her designee.
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.
Site.
The same meaning as it is defined in 47 CFR Section 1.40001(b)(6).
Substantial change.
The same meaning as it is defined in 47 CFR 1.40001(b)(7).
Tower.
The same meaning as it is defined in 47 CFR Section 1.40001(b)(9).
Transmission equipment.
The same meaning as it is defined in 47 CFR Section 1.40001(b)(8).
Unlicensed wireless service.
The same meaning as it is defined in 47 USC Section 332(c)(7)(C)(iii).
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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) 
Section 7.70.130 Radio frequency exposure monitoring requirements;
(2) 
Section 7.70.140 Operation and maintenance standards;
(3) 
Section 7.70.190 Abandonment;
(4) 
Section 7.70.210 Removal and restoration;
(5) 
Section 7.70.230 Insurance and bond; and
(6) 
Section 7.70.240 Indemnity.
(c) 
Exempt Facilities. Notwithstanding subsections (a) and (b) of this Section, 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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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 subsection (b) of this Section.
(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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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 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 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 calendar days. No additional extensions shall be granted.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(a) 
Decision Notices. Within five 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 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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(a) 
Decision Notices. Within five 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 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 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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
The Public Works Director shall not grant any limited exception for a wireless facility permit application pursuant to this Section 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, 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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 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 subsection (a)(3) of this Section. At the end of ten 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 months nor later than six 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.
(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 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 days from the date of issuance of this permit.
(2) 
Time to Complete. The permittee shall complete work within one hundred eighty 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 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 days.
(4) 
Expiration. Where a permittee of a wireless telecommunications construction permit fails to comply with this Section, 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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 thirty 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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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;
(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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
Every permit granted under this Chapter may be terminated upon twelve 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 under this Chapter is terminated pursuant to this Section, any wireless facility permit application for a new personal wireless service facility within five hundred 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).
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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 during which a hearing will be held not less than fourteen 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 a manner that is inconsistent with that set forth in the permit;
(3) 
The personal wireless service facility has not been operational for six 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 days of such determination.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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 days after abandonment. If there are two 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 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
(d) 
Any other remedies permitted under this Code or by law.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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 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 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 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).
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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 nor later than twenty days prior to expiration of the shot clock.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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, 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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 the 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 willful misconduct of the City, agents, officers, officials, employees, and volunteers. In the event the City becomes aware of 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 the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
(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 to 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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)
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.
(Added by Ord. No. 2595CCS § 1, adopted 1/8/19)