ORDINANCE 1618ORDINANCE NO. 1618
AN ORDINANCE OF THE CITY OF EL SEGUNDO ADDING A NEW
CHAPTER 9 ENTITLED "WIRELESS COMMUNICATIONS FACILITIES
IN THE PUBLIC RIGHT-OF-WAY" TO TITLE 9 OF THE EL SEGUNDO
MUNICIPAL CODE TO ESTABLISH COMPREHENSIVE REGULATIONS,
STANDARDS, AND PERMIT REQUIREMENTS FOR THE
INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES IN
THE PUBLIC RIGHT-OF-WAY
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. These amendments to the EI Segundo Municipal Code (ESMC) regulate wireless
communications facilities in the public right-of-way (PROW). The provisions in this
ordinance facilitate the installation, collocation, modification, and maintenance of
wireless communication facilities in the PROW within the city, resulting in economic and
social benefits for the community;
B. California cities are preempted from regulating various aspects of wireless
communication facility siting locations by both state and federal law. Cities cannot
prohibit wireless facilities, unreasonably discriminate against wireless service providers,
or regulate such facilities on the basis of radio frequency emissions to the extent those
emissions comply with Federal Communication Commission (FCC) standards;
C. On May 19, 2020, the City Council held a public hearing and considered the
information provided by City staff and public testimony regarding this ordinance;
D. This ordinance and its findings are made based upon the entire administrative
record including, testimony and evidence presented to the City Council at its May 19,
2020, hearing and the staff report submitted by the Public Works Department and the
Planning and Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that this
ordinance adds Chapter 9 in Title 9 regulating wireless communication facilities in the
public right-of-way:
A. The City initiated the proposed amendments to the municipal code to make the
regulations for wireless facilities consistent with Federal Communication Commission
(FCC) regulations under Section 6409(a) and 47 C.F.R. § 1.60001, and California
Government Code Section 65850.6, which was amended by Assembly Bill No. 2788,
and California Senate Bill No. 649.
B. California cities are preempted from regulating various aspects of wireless
communication facility siting locations by both state and federal law. Cities cannot
prohibit wireless facilities, unreasonably discriminate against wireless service providers,
or regulate such facilities on the basis of radio frequency emissions to the extent those
emissions comply with FCC standards.
C. FCC regulations require cities to approve certain collocations at previously
approved facilities and to allow for alterations to existing facilities if the modification is
not considered a "substantial change" as defined under federal law.
D. This amendment facilitates the installation, collocation, modification, and
maintenance of wireless communication facilities in the city, resulting in economic and
social benefits for the community.
E. On September 26, 2018, the FCC adopted a declaratory ruling and report and
order (the "FCC Ruling") which, among other things, (1) creates a new regulatory
classification for "small wireless facilities" ("SWFs"), (2) requires state and local
governments to process applications for SWFs within 60 days for attachments to
existing structures or 90 days for new structures (the "SWF Shot Clocks"), (3)
establishes a national standard for what constitutes an effective prohibition on wireless
services, (4) provides that a failure to act within the applicable timeframe presumptively
constitutes an effective prohibition, and (5) limits the fees that can be charged for the
facilities.
F. SWFs are designed to accommodate fifth generation ("5G") technology. Wireless
providers have recently begun to deploy 5G technology, primarily in the public rights-of-
way. The FCC Ruling was adopted to reduce regulatory barriers to the deployment of
wireless infrastructure and to ensure that the United States remains the leader in
advanced wireless services and wireless technology. The FCC Ruling is intended to
facilitate the growth of SWFs (and the corresponding deployment of 5G technology)
over a short period of time.
G. SWFs are primarily installed in public rights-of-way and, consequently, create
significant concerns about traffic and pedestrian safety; land use conflicts and
incompatibilities including the relative excessive height of poles and towers; visual and
aesthetic blight arising from cumulative number of SWFs as well as their individual
physical characteristics and that of associated equipment; and the protection and
preservation of public property, all of which may negatively impact the unique quality
and character of the City and the public health, safety and welfare thereof. Regulating
the installation of SWFs in the public right-of-ways is necessary to protect and preserve
the safety of the community as well as the aesthetics of the community.
H. The FCC Ruling sets forth new standards for state and local government
regulations of SWFs and restricts the aesthetic requirements that may be imposed by
local governments. Any aesthetic standard adopted by a local government must be (1)
reasonable, (2) no more burdensome than those applied to other types of infrastructure
deployments, and (3) objective and published in advance. Ad hoc standards are not
enforceable.
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I. Federal and state laws and regulations require the City to act on wireless
communication facility applications within a very short timeframe. These shortened
timeframes, or "shot clocks," require a streamlined process that prioritizes those aspects
of the review process that are most necessary to ensuring the health, safety and welfare
of the community are not adversely impacted. This ordinance creates a streamlined
review process intended to protect the public health, safety and welfare. It allows for an
administrative review process for certain wireless facilities, consistent with federal and
state regulations.
SECTION 3: Environmental Assessment. The City Council finds that the ordinance is
not a "project" within the meaning of Section 15378 of the California Environmental
Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical
change to the environment, directly or indirectly. The ordinance does not authorize any
specific development or installation of any equipment within the City's boundaries. The
ordinance is further exempt from CEQA because adoption of the ordinance is covered
by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment (CEQA Guidelines, § 15061(b)(3)).
Installations of wireless communications facilities, if any, generally would be exempt
from CEQA review in accordance with either CEQA Guidelines § 15302 (replacement or
reconstruction), § 15303 (new construction or conversion of small structures), and/or §
15304 (minor alterations to land).
SECTION I 4: Chapter 9 is added to Title 9 of the ESMC to read as follows:
Chapter 9
Wireless Communications Facilities in the Public Right -of -Way
9-9-1 PURPOSE AND APPLICABILITY
The purpose and intent of this chapter is to provide a uniform and comprehensive set of
regulations and standards for permitting, development, siting, installation, design,
operation and maintenance of wireless communications facilities in the city's public
right-of-ways (PROW). These regulations are intended to prescribe clear and
reasonable criteria to assess and process applications in a consistent and expeditious
manner, while reducing the impacts associated with wireless telecommunications
facilities. This chapter provides standards necessary (1) for the preservation of the
public right-of-ways in the city for the maximum benefit and use of the public, (2) to
promote and protect public health and safety, community welfare, visual resources and
the aesthetic quality of the city consistent with the goals, objectives and policies of the
general plan, and (3) to provide for the orderly, managed and efficient development of
wireless communications facilities in accordance with the state and federal laws, rules
and regulations.
This chapter applies to the siting, construction, collocation, or modification of all wireless
communication facilities in the public right-of-way (PROW). Siting and construction of
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wireless communication facilities on all other property are subject to the provisions in
ESMC 15-19.
A. All facilities within the PROW permitted by the city after the effective date of this
ordinance will be required to comply with all of the provisions of this chapter.
B. All facilities within the PROW permitted by the city which obtained encroachment
permits prior to the effective date of this ordinance will not be subject to all of the
provisions of this chapter, or required to obtain a new permit, and will be deemed a
nonconforming use subject to the provisions of Section 9-9-12 (Nonconforming
Facilities).
C. All PROW facilities, notwithstanding the date approved, shall be subject
immediately to the provisions of this chapter governing operation and maintenance
standards (Section 9-9-10) and removal and restoration upon revocation or
abandonment (Section 9-9-11); provided, however, that in the event a condition of
approval conflicts with a provision of this chapter, the condition of approval shall control
until the permit is amended or revoked.
D. This chapter does not apply to facilities owned and operated by the city for its
use or to any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement.
E. Compliance with the provisions of this chapter does not relieve a person from
compliance 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.
F. If the City Attorney determines that state or federal law prohibits discretionary
permitting requirements for certain wireless communications facilities, such requirement
is deemed severable and all remaining regulations shall remain in full force and effect.
For such facilities, a ministerial permit is required prior to the installation or modification
of a wireless communications facility in lieu of a major wireless communications permit
(and exception, if applicable). All otherwise applicable conditions of approval and
requirements regarding the time, place and manner of access and operation shall apply
to the extent permitted by state and federal law. Any determination by the City Attorney
pursuant to this section shall be in writing.
9-9-2: DEFINITIONS
For purposes of this chapter, the following words, terms, phrases and their derivations
shall have the meanings given herein.
"Accessory equipment" means any equipment associated with the installation of a
wireless communications facility, including but not limited to cabling, generators, fans,
air conditioning units, electrical panels, equipment shelters, equipment cabinets,
equipment buildings, pedestals, meters, vaults, splice boxes, and surface location
markers.
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"Antenna" means that part of a wireless communications facility designed to radiate or
receive radio frequency signals.
"Antenna equipment" means equipment, switches, wiring, cabling, power sources,
shelters or cabinets associated with an antenna, located at the same fixed location as
the antenna, and, when collocated on a structure, is mounted or installed at the same
time as such antenna.
"Antenna facility" means an antenna and associated antenna equipment.
"Cellular" means an analog or digital wireless communications technology that is based
on a system of interconnected neighboring cell sites.
"Code" means the EI Segundo Municipal Code.
"Collocation," for purposes of an eligible facilities request, means the mounting or
installation of transmission equipment on an eligible support structure for the purpose of
transmitting and/or receiving radio frequency signal for communication purposes. For all
other purposes, collocation means mounting or installing an antenna facility on a pre-
existing structure; and/or modifying a structure for the purpose of mounting or installing
an antenna facility on that structure.
"COW" means a "cell on wheels," which is a wireless communications facility
temporarily rolled in or temporarily installed.
"Director" means the director of public works, or his or her designee.
"Eligible facilities request" has the meaning set forth in 47 USC § 1455(a) and 47 CFR §
1.6100, as may be amended from time to time.
"Eligible support structure" has the meaning set forth in 47 CFR § 1.6100, as may be
amended from time to time.
"Facility" means wireless communications facility.
"Ground -mounted" means equipment mounted on the ground.
"Modification" means a change to an existing wireless communications facility that
involves any of the following: collocation, expansion, alteration, enlargement,
intensification, reduction, or augmentation, including, but not limited to, changes in size,
shape, color, visual design, or exterior material. "Modification" does not include repair,
replacement or maintenance if those actions do not involve a change to the existing
facility involving any of the following: collocation, expansion, alteration, enlargement,
intensification, reduction, or augmentation.
"Mounted" means attached or supported.
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"Located within the public right-of-way" includes any facility which in whole or in part,
itself or as part of another structure, rests upon, in, over or under the public right-of-way.
"Permittee" includes the applicant and all successors and assigns.
"Pole" means a single shaft of wood, steel, concrete or other material capable of
supporting the equipment therein and/or mounted thereon in a safe and adequate
manner and as required by provisions of this code.
"Public right-of-way" and "PROW" means any street, sidewalk, pedestrian path, bike
path or any "public way" as defined in Streets and Highways Code section 18609 and
any successor statute.
"Small wireless facility" or "SWF" has the meaning set forth in 47 CFR § 1.6002, as may
be amended or superseded.
"Telecommunications structure" or "structure" means a freestanding mast, pole,
monopole, guyed tower, lattice tower, free standing tower or other structure designed
and primarily used to support wireless communications facility antennas.
"Utility pole" means any pole owned by any utility company that is primarily used to
support wires or cables necessary to the provision of electrical or other utility services.
"Wireless communications facility," "facility" or "facilities" mean any facility that transmits
and/or receives electromagnetic waves. It includes, but is not limited to, antennas
and/or other types of equipment for the transmission or receipt of such signals,
telecommunications towers or similar structures supporting such equipment, related
accessory equipment, equipment buildings, parking areas, and other accessory
development. The term "wireless telecommunications facility" does not apply to the
following:
1. Government owned and operated communications facilities.
2. Emergency medical care provider -owned and operated communications
facilities.
3. Mobile services providing public information coverage of news events of a
temporary nature.
4. Any wireless communications facilities exempted from this code by federal
law or state law.
"Wireless communications services" means the provision of services using a wireless
communications facility or a wireless communications collocation facility, and shall
include, but not limited to, the following services: personal wireless services as defined
in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its
successor statute, cellular service, personal communication service, and/or data radio
telecommunications.
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9-9-3: PERMIT REVIEW PROCESSES
A. Special Provisions for SWFs; SWF Regulations. Notwithstanding any other
provision of this chapter, all SWFs are subject to an administrative permit as specified in
the SWF Regulations adopted by resolution of the City Council and as amended from
time to time.
B. Major Wireless Communications Facilities Permit ("Major WCFP"). All new
wireless facilities or collocations or modifications to existing wireless facilities shall
require a major wireless communications facilities permit subject to planning
commission approval unless otherwise provided for in this chapter.
C. Administrative Wireless Communications Facilities Permit,
1. An administrative wireless communications facilities permit, subject to the
director's approval, may be issued for new facilities or collocations or
modifications to existing facilities that meet all the following criteria:
a. The proposed facility is located in any area identified in Section 9-9-
4 (Location Restrictions) for administrative permitting;
b. The proposed facility complies with all applicable provisions in this
chapter without need for an exception pursuant to Section 9-9-5
(Exceptions);
C. The proposed facility is on a new pole that replaces an existing
utility pole and is located within 10 feet of the utility pole being replaced.
The diameter of the replacement pole may not be more than 20% larger
than the utility pole it replaces at any point along the pole; and
d. If the proposed facility is a new facility that includes a new
communications structure and the proposed communications structure is
no taller 50 feet or 10% taller than the existing adjacent poles, whichever
is greater;
e. If the City Attorney determines that state or federal law prohibits or
otherwise limits the height restrictions in this subparagraph, the director
may approve the facility notwithstanding the height restriction, provided
the height of proposed communication tower is restricted to the maximum
extent practicable and to the maximum extent allowed by law, and -further
provided the facility meets all other applicable criteria.
2. In the event that the director determines that an application for an
administrative wireless communications facilities permit does not meet the
criteria set forth in this subparagraph, the director shall convert the application to
a major wireless communications facilities permit application and refer it to the
planning commission. The applicant must pay any additional applicable fees
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associated with a major wireless permit application within 10 business days of
the director giving notice of the conversion of the application.
D. Ministerial Permit
Eligible Facilities.
a. Eligible facilities requests require a ministerial permit issued by the
director in lieu of a discretionary permit, and will be processed pursuant to
the requirements of 47 USC § 1455(a) and 47 CFR § 1.6100, as may be
amended from time to time.
b. The applicant bears the burden of asserting rights under 47 USC §
1455(a) and 47 CFR § 1.6100 and any application filed for an eligible
facilities request must prominently state that the application is for an
"Eligible Facilities Request" and must include all facts and information
necessary for the director to ensure that the proposed facility qualifies as
an eligible facility.
C. All conditions of approval set forth in section 9-9-9 will apply to
eligible facilities unless, in the opinion of the City Attorney, state or federal
law precludes imposition of the condition.
2. Specified Collocation Facilities.
a. A collocation facility that meets the requirements of Government
Code section 65850.6, as amended from time to time, requires a
ministerial permit issued by the director, in lieu of discretionary permit.
b. For purposes of this subsection, "collocation facility" has the
meaning set forth in Government Code section 65850.6, as may be
amended from time to time.
C. The applicant bears the burden of establishing that the proposed
facility qualifies as a collocation facility subject to nondiscretionary
approval under Government Code section 65850.6 and any application
filed for a Section 65850.6 collocation facility must prominently state that
the application is for a "Section 65860.6 Collocation Facility" and must
include all facts and information necessary for the director to ensure that
the proposed facility qualifies as a Section 65850.6 collocation facility.
d. All conditions of approval set forth in section 9-9-9 will apply to
collocation facilities unless, in the opinion of the City Attorney, state or
federal law precludes imposition of the condition.
E. Notice; Decisions. The provisions in this subsection describe the procedures for
approval and any required notice and public hearings for an application.
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1. Planning Commission Hearings. Any permit application under this chapter
subject to planning commission approval shall require notice and a public
hearing. Notice of such hearing shall be provided in accordance with Title 15,
Chapter 27. The planning commission may approve, or conditionally approve, an
application only after it makes the findings required in Section 9-9-8 (Findings).
2. Director's Decision Notice. The director may approve, or conditionally
approve, an application only after he or she makes the findings required in
Section 9-9-8 (Findings). The director's determination must be in writing.
3. Written Decision Required. All final decisions made pursuant to this
chapter shall be in writing and based on substantial evidence in the written
administrative record. The written decision shall include the reasons for the
decision.
4. Appeals. Any aggrieved person or entity may appeal a decision by the
director or the planning commission as provided in accordance with the
provisions in Title 15, Chapter 25. Appeals are reviewed de novo.
5. Administrative WCFP Appeals. Any aggrieved person or entity may appeal
the director's decision to approve, conditionally approve, or deny an
Administrative WCFP. The appeal will be considered by the City Council.
Appeals are reviewed de novo and the decision of the City Council will be the
final decision of the City. An appeal by a wireless infrastructure provider must be
taken jointly with the wireless service provider that intends to use the wireless
facility. Because federal law preempts local decisions premised on the
environmental effects of radio frequency (RF) emissions, appeals of the
administrative decision premised on the environmental effects of radio frequency
emissions will not be considered.
a. Appeals must be in writing, filed with the director, and must detail
all of the reasons for the appeal. Emailed appeals are not acceptable. The
appeal must be accompanied by payment of the applicable appeal fee as
established by resolution of the City Council.
b. An appeal of an Administrative WCFP must be filed within four
business days of notice of the administrative decision. Any appeal must be
conducted so that a timely written decision may be issued in accordance
with applicable law.
F. Other Permits Required. In addition to any permit that may be required under this
chapter, the applicant must obtain an encroachment permit and all other permits or
approvals required by other city departments, or state or federal agencies. Any permit
granted under this chapter is subject to the conditions and/or requirements of other
required permits or other approvals from other city departments, and state or federal
agencies.
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G. Eligible Applicants. Only applicants who have been granted the right to enter the
public right-of-way pursuant to state or federal law, or who have entered into a franchise
or other agreement with the city permitting them to use the public right-of-way, are
eligible for a permit to install or modify a wireless communications facility or a wireless
communications collocation facility in the public right-of-way.
H. Speculative Equipment Prohibited. The city finds that the practice of "pre -
approving" wireless equipment or other improvements that an applicant does not
presently intend to install but may wish to install at some undetermined future time does
not serve the public's best interest. The city cannot approve any equipment or other
improvements in connection with a wireless telecommunications facility permit when the
applicant does not actually and presently intend to install such equipment or construct
such improvements.
I. A COW shall be permitted for the duration of an emergency declared by the city,
county or state, when a wireless facility is being moved due to redevelopment of an
existing site, or at the discretion of the director.
9-9-4: LOCATION RESTRICTIONS
A. Facilities in the following locations require a major wireless communications
permit, excepting SWF subject to design standards in the SWF Regulations:
1. Located along the following street segments:
a. Pacific Coast Highway (PCH), entire length;
b. Imperial Highway, PCH to Aviation Boulevard;
c. EI Segundo Boulevard, Illinois Street to Aviation Boulevard;
d. Rosecrans Avenue, PCH to Aviation;
e. Main Street, El Segundo Boulevard to Oak Avenue;
f. Richmond Street, EI Segundo Boulevard to Holly Avenue;
g. Grand Avenue, Richmond Street to Standard Street.
2. Adjacent to city parks or designated open space.
3. Anywhere within the coastal zone.
4. Anywhere within the city when an administrative wireless permit is not
allowed due to not satisfying the design criteria of section 9-9-7 or the conditions
set forth in section 9-9-9.
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B. Facilities requiring an administrative wireless communications permit. Anywhere
within the city, except as described in section A above, when the criteria in section 9-9-7
are met.
9-9-5: EXCEPTIONS
A. The city council recognizes that federal law prohibits a permit denial when it
would effectively prohibit the provision of personal wireless services (as defined in 47
USC § 332(c)(7)(C)(i)) and the applicant proposes the least intrusive means of
remedying a service gap. The city council finds that, due to wide variation among
wireless facilities, technical service objectives and changed circumstances over time, a
limited exemption for proposals in which strict compliance with this chapter would
effectively prohibit personal wireless services serves the public interest. The city council
further finds that circumstances in which an effective prohibition may occur are
extremely difficult to discern, and that specified findings to guide the analysis promotes
clarity and the city's legitimate interest in well-planned wireless facilities deployment in
the public right-of-way. Therefore, in the event that any applicant asserts that strict
compliance with any provision in this chapter, as applied to a specific proposed
personal wireless services facility, would effectively prohibit the provision of personal
wireless services, the planning commission may grant a limited exemption from strict
compliance subject to the provisions in this section.
B. SWF exception procedures are pursuant to the SWF Regulations.
C. Required Findings. The planning commission cannot grant any exception unless
the applicant demonstrates all the following:
1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii);
2. The applicant has provided the city with a clearly defined technical service
objective and a clearly defined potential site search area;
3. An applicant may obtain an exception from these design standards if
compliance with the standard: (a) is not technically feasible; (b) impedes the
effective operation of the wireless facility; or (c) otherwise materially inhibits or
limits the provision of wireless service.
4. The City may also provide an exception from these standards when it
finds the applicant's proposed design provides equivalent or superior aesthetic
value when compared to strict compliance with these standards.
5. Requests for exceptions must be narrowly tailored to minimize deviation
from the requirements of these design standards.
D. Scope. An exemption may be allowed only to the extent necessary for the
applicant to reasonably achieve its technical service objectives. The planning
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commission may impose conditions of approval as necessary to promote the purposes
in this chapter and protect the public health, safety and welfare.
E. Independent Consultant. The city shall have the right to hire, at the applicant's
expense, an independent consultant to evaluate issues raised by the proposed
exception and to submit recommendations and evidence in response to the application.
9-9-6: APPLICATION REQUIREMENTS
A. All Applications
In addition to the information required of an applicant for an encroachment permit or any
other permit required by this code, each applicant requesting approval of the installation
or modification of a wireless communications facility in the public right-of-way shall fully
and completely submit to the city a written application on a form prepared by the
director.
B. Application Contents. The director shall develop an application form and make it
available upon request. The application form for a new wireless communications facility
installation in the public right-of-way shall require the following information, in addition to
all other information determined necessary by the director:
1. The name, address and telephone number of the applicant, owner and the
operator of the proposed facility.
2. If the applicant is an agent, the applicant must provide a duly executed
letter of authorization from the owner of the facility. If the owner will not directly
provide wireless communications services, the applicant must provide a duly
executed letter of authorization from the person or entity that will provide those
services.
3. If the facility will be located on or in the property of someone other than
the owner of the facility (such as a street light pole, street signal pole, utility pole,
utility cabinet, vault, or cable conduit), the applicant must provide a duly executed
written authorization from the property owner(s) authorizing the placement of the
facility on or in the property owner's property.
4. A written description of the proposed facility and its purpose.
5. Detailed engineering plans of the proposed facility and related report
prepared by a professional structural engineer registered in California evidencing
the structural integrity of the pole or other supporting structure.
6. For applications seeking a new pole, a justification statement of why
existing structures and poles evaluated for potential installation of the proposed
facility are not viable options.
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7. Site plan to scale, specifying and depicting the exact proposed location of
the pole, pole diameter, antennas, accessory equipment, access or utility
easements, landscaped areas, existing utilities, and adjacent land uses.
8. Scaled elevation plans of proposed poles, antennas, accessory
equipment, and related landscaping.
9. If applicable, a completed environmental assessment application.
10. If the applicant requests an exception to the requirements of this chapter
(in accordance with Section 9-9-5 (Exceptions)), the applicant must provide all
information and studies necessary for the city to evaluate the request.
11. For a facility that is not categorically excluded under the FCC regulations
for RF emissions, the applicant must submit an RF exposure compliance report
prepared and certified by an RF engineer acceptable to the city that certifies that
the proposed facility will comply with applicable federal RF exposure standards
and exposure limits. The RF report must include the actual frequency and power
levels (in watts effective radio power ERP) for all existing and proposed antennas
at the site and exhibits that show the location and orientation of all transmitting
antennas and the boundaries of areas with RF exposures in excess of the
uncontrolled/general population limit (as that term is defined by the FCC) and
also the boundaries of areas with RF exposures in excess of the
controlled/occupational limit (as that term is defined by the FCC). Each such
boundary shall be clearly marked and identified for every transmitting antenna at
the project site. The RF report must also indicate whether the facility will be
categorically excluded, as that term is used by the FCC, using the radio
frequency (RF) emissions exposure guidelines checklist contained in Appendix A
to the Federal Communications Commission's (FCC) "A Local Government
Official's Guide to Transmitting Antenna RF Emission Safety."
12. A traffic control plan when the proposed installation will involve the
placement of equipment within any street.
13. Certification that applicant is a telephone corporation or a statement
providing the basis for its claimed right to enter the right-of-way. If the applicant
has a certificate of public convenience and necessity (CPCN) issued by the
California Public Utilities Commission, it must provide a copy of its CPCN.
14. An application fee, and a deposit for a consultant's review, if applicable, as
set forth in paragraph G of this section in an amount set by resolution by the city
council.
15. If the application is for a SWF, the application must so state and must
detail why the proposed facility meets the definition of a SWF. The application
also must contain all additional information required by the SWF Regulations.
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16. Any other information and/or studies determined necessary by the director
may be required.
C. Application Contents—Modification of Existing Facility. The content of the application
form for a modification to an existing facility that does not qualify as an eligible
facilities request shall be determined by the director.
D. Application Contents—Eligible Facilities Requests. When an applicant asserts in
writing that a request for modification qualifies as an eligible facilities request for
modification of an eligible support structure that does not substantially change the
physical dimensions of such structure, the applicant need only provide documentation
or information reasonably necessary for the director to determine whether the request is
a qualifying eligible facilities request. The content of the application form for an eligible
facilities request shall be determined by the director.
E. SWF applications will be governed by any additional terms set forth in the SWF
Regulations, and in the event of an inconsistency between the provisions of this section
and the terms of the SWF Regulations, the SWF Regulations will control.
F. Effect of State or Federal Law Change. In the event a subsequent state or
federal law prohibits the collection of any information required by 9-9-6, the director is
authorized to omit, modify or add to that request from the city's application form after
consultation with the City Attorney.
G. Independent Expert. The director is authorized to retain on behalf of the city an
independent, qualified consultant to review any application for a permit for a wireless
communications facility. The review is intended to be a review of technical aspects of
the proposed wireless communications facility and may address any or all of the
following:
Compliance with applicable radio frequency emission standards;
2. The applicability of analysis techniques and methodologies;
3. Any other specific technical issues identified by the consultant or
designated by the city.
The cost of this review must be paid by the applicant through a deposit pursuant to an
adopted fee schedule. No permit can be issued to any applicant that has not fully
reimbursed the city for the cost of the consultant.
H. A permit or approval granted pursuant to this chapter does not confer any exclusive
right, privilege, license or franchise to occupy or use the public right-of-way of the
city for any purpose whatsoever. Furthermore, no permit or approval granted
pursuant to this chapter shall be construed as a guarantee or warranty of title.
ORDINANCE NO. 1618
Page 14 of 26
9-9-7: DESIGN AND DEVELOPMENT STANDARDS
Unless otherwise specified, all wireless communications facilities located within the
public right-of-way must be planned, designed, located, and erected in accordance with
the following:
A. All small wireless facilities (SWF) must be designed and built in accordance with
the SWF Regulations adopted by resolution of the City Council. All other wireless
communications facilities are subject to these general guidelines.
B. General Guidelines.
1. Within or adjacent to areas zoned R-1 and R-2, and the Downtown
Specific Plan:
a. The applicant must employ techniques, such as screening,
undergrounding and camouflage, in the design and placement of wireless
communications facilities in order to ensure that the facility is as visually
screened as possible.
b. Screening must be designed to be compatible with surrounding
structures using appropriate techniques to camouflage, disguise, and/or
blend into the environment, including landscaping, color, and other
techniques to minimize the facility's visual impact in terms of size,
proportion, style, and quality.
2. All other areas. The applicant must employ techniques in the design and
placement of wireless communications facilities in order to ensure that the
facility is as visually compatible with surroundings.
C. Traffic Safety. All facilities must be designed and located in such a manner as to
avoid adverse impacts on traffic safety.
D. Blending Methods. All facilities must have appropriate colors and non -reflective
materials that blend with or complement the materials and colors of the surrounding
area and structures.
E. Equipment. The applicant must use the least visible equipment possible. When
practicable, antenna mounts must be designed so as not to preclude possible future
collocation by the same or other operators or carriers.
F. Poles.
1. Facilities shall be located consistent with Section 9-9-4 (Location
Restrictions) unless an exception pursuant to Section 9-9-5 (Exceptions) is
granted.
ORDINANCE NO. 1618
Page 15 of 26
2. Only pole -mounted antennas are permitted in the right-of-way; all other
communications towers are prohibited. No new wireless communication poles
are permitted in the public right-of-way unless the pole is replacing an existing
pole or an exception is granted pursuant to the SWF Regulations, Section 9-9-5
(Exceptions) or Section 9-9-1(F)(State or Federal Restrictions on Discretionary
Authority).
3. Utility Poles. The maximum height of any antenna must not exceed four
feet above an existing utility pole or the minimum height needed to meet required
clearances above energized lines, nor may any portion of the antenna or
equipment mounted on a pole be less than 21 feet above any drivable road
surface. All installations on utility poles must fully comply with the California
Public Utilities Commission general orders, including, but not limited to, General
Order 95, as may be revised or superseded.
4. Light Poles. The maximum height of any antenna must not exceed the
minimum needed to meet the network objective above the existing height of a
light pole. No portion of the antenna or equipment mounted on a pole shall be
less than 16 and 1/2 feet above any drivable road surface.
5. Replacement Poles. If an applicant proposes to replace a pole in order to
accommodate a proposed facility, the pole must be designed to resemble the
appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent
practicable. Alternatively, the director may require the pole to be designed to
achieve a look or character specified by the director.
6. Pole -mounted equipment, exclusive of antennas, may not exceed eight
cubic feet in dimension.
7. Unless otherwise allowed pursuant to this chapter, an exception is
required to place a new pole in the public right-of-way. If an exception is granted
for placement of new poles in the right-of-way:
a. New poles must be designed to resemble existing poles in the right-
of-way near that location, including size, height, color, materials and style,
with the exception of any existing pole designs that are scheduled to be
removed and not replaced. Alternatively, the director may require the pole
to be designed to achieve a look or character specified by the director.
b. To the extent feasible, new wireless communication poles that are
not replacement poles must be located at least 100 feet from any other
wireless communication pole located along the same side of the public
right-of-way. This minimum spacing requirement will not apply if the
applicant demonstrates that compliance with the requirement would have
the effect of materially inhibiting wireless service.
ORDINANCE NO. 1618
Page 16 of 26
C. A new pole justification analysis shall be submitted to demonstrate
why existing infrastructure cannot be utilized and demonstrating the new
pole is the least intrusive means possible including a demonstration that
the new pole is designed to be the minimum functional height and width
required to support the proposed facility.
8. All cables, including, without limitation, electrical and utility cables, must
be run inside the pole and hidden to the fullest extent feasible. For all wooden
poles wherein interior installation is infeasible, conduit and cables attached to the
exterior of the pole must be mounted as close to the pole as possible while
meeting electric safety codes and pole owner requirements.
G. Space. Each facility must be designed to occupy the least amount of space
practicable in the right-of-way.
H. Wind Loads. Each facility must be properly engineered to withstand wind loads
as required by this code or any duly adopted or incorporated code. An evaluation of
high wind load capacity must include the impact of modifications to an existing facility.
I. Obstructions. Each component part of a facility shall be located so as not to (1)
cause any physical or visual obstruction to pedestrian or vehicular traffic, (2) interfere
with any ADA accessibility standards, or (3) incommode the public's use of the right-of-
way.
J. Public Facilities. No facility in the public right-of-way may be located or operated
in a manner that interferes with access to a fire hydrant, fire station, fire escape, water
valve, underground vault, valve housing structure, or any other public health or safety
facility.
K. Screening. All ground -mounted facilities, pole -mounted equipment, and any
screening must be installed at least 18 inches from the curb and gutter flow line.
L. Accessory Equipment. Not including the electric meter, all accessory equipment
must be located within the pole or underground unless the director determines that
there is no room in the public right-of-way for undergrounding, or that undergrounding is
not feasible. An exception is required to place accessory equipment above ground in
the public right-of-way.
M. Landscaping. Unless otherwise expressly authorized in a permit, each facility
must be installed so as to maintain existing landscaping on the site, including trees,
foliage and shrubs. Any landscaping that is removed or damaged during the
construction of the facility must be replaced to the satisfaction of the director.
N. Noise. Backup generators may only be operated during periods of power
outages, and may not be tested on weekends or holidays, or between the hours of 7:00
p.m. and 7:00 a.m.
ORDINANCE NO. 1618
Page 17 of 26
O. Security. Each facility shall be designed to be resistant to, and minimize
opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions
that would result in hazardous situations, visual blight or attractive nuisances.
P. The installation and construction approved by a wireless communications facility
permit must begin within one year after its approval or the permit will expire without
further action by the city. Additional time may be requested if the delay is related to
bringing power or fiber to the pole.
Q. SWF Design and Development Standards. SWFs are subject to those design
and development standards and conditions of approval set forth in the SWF
Regulations.
9-9-8: FINDINGS
No permit can be granted for a new wireless communications facility unless all of the
following findings are made by the decision-making authority:
A. All notices, if applicable, required for the proposed installation have been given.
B. The proposed facility complies with all applicable provisions of this chapter.
C. If applicable, the applicant has demonstrated its inability to locate on existing
infrastructure.
D. The applicant has provided sufficient evidence supporting the applicant's claim
that it has the right to enter the public right-of-way pursuant to state or federal law, or
the applicant has entered into a franchise or other agreement with the city permitting it
to use the public right-of-way.
E. The proposed installation will not interfere with the use of the public right-of-way,
existing subterranean infrastructure, or the City's plans for modification or use of such
location and infrastructure.
9-9-9: CONDITIONS OF APPROVAL
In addition to compliance with the design and development standards outlined in this
chapter, all facilities are subject to the following conditions of approval (even in those
cases where approval occurs by operation of law), as well as any modification of these
conditions or additional conditions of approval deemed necessary by the director at the
time of the approval:
A. The permittee must submit contact information on a form to be supplied by the
city. The permittee must notify the city of any changes to the contact information within
seven days of any change, including a change of the name or legal status of the owner
or operator. This information must include, but is not limited to, the following: Identity,
including the 24-hour local or toll free contact phone number of the permittee, the
ORDINANCE NO. 1618
Page 18 of 26
owner, the operator, or the agent or person responsible for the maintenance of the
facility.
B. The permittee must notify the city in writing at least 90 days prior to any transfer
or assignment of the permit. The written notice required in this section must include: (1)
the transferee's legal name; (2) the transferee's full contact information, including a
primary contact person, mailing address, telephone number and email address; and (3)
a statement signed by the transferee that the transferee accepts all permit terms and
conditions. The director may require the transferor and/or the transferee to submit any
materials or documentation necessary to determine that the proposed transfer complies
with the existing permit and all its conditions of approval. Such materials or
documentation may include, without limitation: federal, state and/or local approvals,
licenses, certificates or franchise agreements; statements; photographs; site plans
and/or as -built drawings; and/or an analysis by a qualified radio frequency engineer
demonstrating compliance with all applicable regulations and standards of the Federal
Communications Commission. Noncompliance with the permit and all its conditions of
approval, or the failure to submit the materials required by the director shall be a cause
for the city to revoke the applicable permits pursuant to and following the procedure set
on in Section 9-9-11 (Removal and Restoration Upon Revocation or Abandonment).
C. At all times, all required notices and/or signs must be posted on the site as
required by the Federal Communications Commission, California Public Utilities
Commission, any applicable licenses or laws. The location and dimensions of a sign
bearing the emergency contact name and telephone number must be posted pursuant
to the approved plans.
D. Permittee must furnish a performance bond or other form of security approved by
the City Attorney's office, which must be in effect until the facilities are fully and
completely removed and the site returned to its original condition, to guarantee
permittee's obligations under these conditions of approval and this code. The security
instrument's coverage must include removal of the facility. The amount of the security
instrument shall be calculated by the applicant in its submittal documents in an amount
sufficient to guarantee the obligations covered by the bond. The security instrument
must be submitted to the city before issuance of any building permit.
E. The wireless communications facility shall be subject to such conditions, changes
or limitations as are from time to time deemed necessary by the director for the purpose
of: (a) protecting the public health, safety, and welfare; (b) preventing interference with
pedestrian and vehicular traffic; and/or (c) preventing damage to the public right-of-way
or any adjacent property. The city may modify the permit to reflect such conditions,
changes or limitations by following the same notice and public hearing procedures as
are applicable to the underlying permit for similarly located facilities, except the
permittee shall be given notice by personal service or by registered or certified mail at
the last address provided to the city by the permittee.
ORDINANCE NO. 1618
Page 19 of 26
F. The permittee shall not transfer the permit to any person prior to the completion
of the construction of the facility covered by the permit, unless and until the transferee of
the permit has submitted the security instrument required by Section 9-9-9(D).
G. The permittee must not move, alter, temporarily relocate, change, or interfere
with any existing structure, improvement or property without the prior consent of the
owner of that structure, improvement or property. No structure, improvement or property
owned by the city shall be moved to accommodate a wireless communications facility
unless the city, in its sole discretion, determines that such movement will not adversely
affect the city or any surrounding businesses or residents, and the permittee pays all
costs and expenses related to the relocation of the city's structure, improvement or
property. Prior to commencement of any work pursuant to an encroachment permit
issued for any facility within the public right-of-way, the permittee must provide the city
with documentation establishing to the city's satisfaction that the permittee has the legal
right to use or interfere with any other structure, improvement or property within the
public right-of-way to be affected by applicant's facilities.
H. The permittee must assume full liability for damage or injury caused to any
property or person by the facility.
I. The permittee must repair, at its sole cost and expense, any damage including,
but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral
support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights,
traffic signals, improvements of any kind or nature, or utility lines and systems,
underground utility line and systems, or sewer systems and sewer lines that result from
any activities performed in connection with the installation and/or maintenance of a
wireless communications facility in the public right-of-way. The permittee must restore
such areas, structures and systems to the condition in which they existed prior to the
installation or maintenance activity that necessitated the repairs. The permittee must
complete such repair within the number of days stated on a written notice by the city
engineer. The time allotted for corrective action will be based on the facts and
circumstances, danger to the community and severity of the disrepair, as determined by
the city engineer in his/her sole discretion. Should the permittee not complete the
corrective action within the time period allotted the city engineer, the city may cause
such repair to be completed at permittee's sole cost and expense.
J. No facility can be permitted to be installed in the drip line of any tree in the public
right-of-way.
K. Insurance and Indemnity. The permittee must obtain and maintain in full force
and effect, until the facility approved by the permit is removed in its entirety from the
public right-of-way, an insurance policy or policies of public liability insurance, with
minimum limits of $2,000,000 for each occurrence and $4,000,000 in the aggregate,
that fully protects the city from claims and suits for bodily injury and property damage.
The insurance must name the city and its elected and appointed officials, officers,
agents, consultants, and employees as additional named insureds, be issued by an
insurer admitted in the State of California with a rating of at least a A:VII in the latest
ORDINANCE NO. 1618
Page 20 of 26
edition of A.M. Best's Insurance Guide, and include an endorsement providing that the
policies cannot be canceled or reduced except with thirty (30) days prior written notice
to the city. The insurance provided by permittee must be primary to any coverage
available to the city, and any insurance or self-insurance maintained by the city shall be
in excess of permittee's insurance and shall not contribute with it. The policies of
insurance required by this permit must include provisions for waiver of subrogation. In
accepting the benefits of this permit, permittee hereby waives all rights of subrogation
against the city and its elected and appointed officials, officers, agents, consultants,
employees and volunteers. The insurance must afford coverage for the permittee's and
the wireless provider's use, operation and activity, vehicles, equipment, facility,
representatives, agents and employees, as determined by the city's risk manager.
Before issuance of any building permit for the facility, the permittee shall furnish the
city's risk manager with certificates of insurance and endorsements, in the form
satisfactory to the City Attorney or the risk manager, evidencing the coverage required
by the city or self insurance that provides equivalent protection to the city.
L. Permittee must defend, indemnify, protect and hold harmless city, its elected and
appointed officials, officers, agents, consultants, and employees from and against any
and all claims, actions, or proceeding against the city, and/or its elected and appointed
officials, officers, agents, consultants, employees, and volunteers to attack, set aside,
void or annul, an approval of the city, planning commission or city council concerning
this permit and/or the project. Such indemnification shall include damages of any type,
judgments, settlements, penalties, fines, defensive costs or expenses, including, without
limitation, interest, attorneys' fees and expert witness fees, or liability of any kind related
to or arising from such claim, action, or proceeding. The city shall promptly notify the
permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit
city from participating in a defense of any claim, action or proceeding. The city shall
have the option of coordinating the defense, including, without limitation, choosing its
counsel after consulting with permittee and at permittee's expense.
M. Additionally, to the fullest extent permitted by law, the permittee, and every
permittee and person in a shared permit, jointly and severally, must defend, indemnify,
protect and hold the city and its elected and appointed officials, officers, agents,
consultants, employees and volunteers harmless from and against all claims, suits,
demands, actions, losses, liabilities, judgments, settlements, costs (including, but not
limited to, attorney's fees, interest and expert witness fees), or damages claimed by
third parties against the city for any injury claim, and for property damage sustained by
any person, arising out of, resulting from, or are in any way related to the wireless
communications facility, or to any work done by, or use of the public right-of-way by, the
permittee, owner or operator of the wireless communications facility, or their agents,
excepting only liability arising out of the sole negligence or willful misconduct of the city
and its elected and appointed officials, officers, agents, consultants, and employees.
The City Attorney and/or Rick Manager shall have the authority to agree to alternative
terms for indemnity that provide equivalent protection to the City.
N. Should the utility company servicing the facility have the ability to offer electrical
service that does not require the use of an above -ground meter cabinet, the permittee
ORDINANCE NO. 1618
Page 21 of 26
must, at its sole cost and expense, remove the meter cabinet and any related
foundation within 90 days of such service being offered and restore the area to its prior
condition. An extension may be granted by the director if he or she finds good cause
therefor.
0. Relocation. The permittee must modify, remove, or relocate its facility, or portion
thereof, without cost or expense to city, if and when made necessary by (i) any public
improvement project, including, but not limited to, the construction, maintenance, or
operation of any underground or above -ground facilities including, without limitation,
sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes
owned by city or any other public agency, (ii) any abandonment of any street, sidewalk
or other public right-of-way, or (iii) any change of grade, alignment or width of any
street, sidewalk or other public right-of-way. Such modification, removal, or relocation of
the facility must be completed within 90 days of notification by city unless, in the opinion
of the director, exigent circumstances dictate a shorter period for removal or relocation.
Modification or relocation of the facility shall require submittal, review and approval of a
modified permit pursuant to the code including applicable notice and hearing
procedures. The permittee shall be entitled, on permittee's election, to either a pro -rata
refund of fees paid for the original permit or to a new permit, without additional fee, at a
location as close to the original location as the standards set forth in the code allow. In
the event the facility is not modified, removed, or relocated within the prescribed period
of time, city may cause the same to be done at the sole cost and expense of permittee.
Further, if exigent circumstances so require, including those of immediate or imminent
threat to the public's health and safety, the city may modify, remove, or relocate wireless
communications facilities without prior notice to permittee provided permittee is notified
within a reasonable period thereafter.
P. Permittee must agree in writing that the permittee is aware of, and agrees to
abide by, all conditions of approval imposed by the wireless communications facility
permit. No building permit for a wireless communications facility can be issued until a
signed affidavit of acceptance of conditions is filed with the city.
Q. Prior to the issuance of any encroachment permit, permittee may be required to
enter into a right-of-way agreement with the city in accordance with the city's past
practice.
9-9-10: OPERATION, AND MAINTENANCE STANDARDS
A. All wireless communications facilities must comply with the following operation
and maintenance standards at all times:
B. Unless otherwise provided herein, all necessary repairs and restoration must be
completed by the permittee, owner, operator or any designated maintenance agent
within 48 hours:
1. After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
ORDINANCE NO. 1618
Page 22 of 26
2. After permittee, owner, operator or any designated maintenance agent
receives notification from the city.
C. All facilities, including, but not limited to, communication towers, poles, accessory
equipment, cabinets and the facility site must 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. Graffiti, bills, stickers, advertisements, litter and debris;
6. Broken and misshapen structural parts; and
7. Any visible damage from any cause.
D. Each facility must be operated and maintained in compliance with all conditions
of approval.
E. No person shall install, operate or maintain any facility which in whole or in part
rests upon, in or over any public right-of-way when such installation, operation or
maintenance endangers or is reasonably likely to endanger the safety of persons or
property. No facility located in or over the public right-of-way may be installed, operated,
or maintained in a manner that interferes with a public utility, public transportation, a
governmental use, ingress/egress to any residence or place of business, or any traffic
sign or signal, fire hydrant, mailbox, permitted sidewalk use (e.g., outdoor dining), or
permitted street furniture.
9-9-11: REMOVAL AND RESTORATION UPON REVOCATION OR ABANDONMENT
A. Cessation of use or Abandonment: A permittee must notify the director of the
intent to vacate a site at least 30 days prior to the vacation. The permit for any facility
that is not operated for a continuous period of 180 days shall be deemed lapsed and the
facility considered abandoned unless (1) the city has received a notice of the intent to
transfer the permit to another service provider; and (2) the transferee has resumed
operation of the facility within 90 days of the city's receipt of the transfer notice.
B. Upon revocation of a permit or abandonment of a facility, the permittee, owner or
operator must remove its wireless communications facility and restore the site to its
original condition, except for retaining the landscaping and any other improvements at
the discretion of the city. Removal must be completed in accordance with all applicable
laws and regulations. The facility must be removed at no cost or expense to the city.
ORDINANCE NO. 1618
Page 23 of 26
C. Failure of the permittee, owner or operator to promptly remove its facility and
restore the property within 180 days after expiration, earlier termination or revocation of
the permit, or abandonment of the facility, is a violation of this code. Upon a showing of
good cause, an extension may be granted by the director where circumstances are
beyond the control of the permittee after expiration. The unexcused failure to abide by
the timeline provided in this section shall be grounds for:
Prosecution;
2. Acting on any security instrument required by this chapter or conditions of
approval of permit;
3. Removal of the facilities by the city in accordance with the procedures
established under this code for abatement of a public nuisance at the owner's
expense; and/or
4. Any other remedies provided by law.
D. Summary Removal. In the event the director or city engineer determines that the
condition or placement of a wireless communications 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 director or city
engineer 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 the property removed shall be preserved for the
owner's pick-up if it is feasible for the city to do so. If the owner cannot be identified
following reasonable effort or if the owner fails to pick-up the property within 30 days,
the facility will be considered abandoned property and the city may dispose of it as it
sees fit.
E. Removal of Facilities by city. In the event the city removes a facility in
accordance with nuisance abatement procedures or summary removal, any such
removal shall be without any liability to the city for any damage to such facility that may
result from removal. In addition to the procedures for recovering costs of nuisance
abatement, the city may collect such costs from the performance bond posted and to
the extent such costs exceed the amount of the performance bond, collect those excess
costs in accordance with this code or other applicable law. Unless otherwise provided
herein, the city has no obligation to store any portion of a removed facility. Neither the
permittee, owner nor operator shall have any claim if the city destroys any portion of the
facility not timely removed by the permittee, owner or operator after notice, or removed
by the city due to exigent circumstances.
ORDINANCE NO. 1618
Page 24 of 26
SECTION 5: A subparagraph (D) is added to ESMC § 15-19-3 to read as follows:
"D. Wireless communication facilities in the public right-of-way are subject to the
regulations in Title 9, Chapter 9."
SECTION 6: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 7: Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 8: The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the city of EI Segundo's book or original ordinances,
make a note of the passage and adoption in the records of this meeting, and, within fifteen
days after the passage and adoption of this Ordinance, cause it to be published or posted
in accordance with California law.
ORDINANCE NO. 1618
Page 25 of 26
SECTION 9: This Ordinance will take effect 30 days following its final passage and
adoption.
PASSED AND ADOPTED ORDINANCE NO. 1618 this 16th day of June, 2020,
Drew Boylayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No1618 was duly introduced by said City Council at a regular meeting held on
the 3rd day of June 2020, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 16th day of June, 2020, and the same was so passed
and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pimentel, Council Member Pirsztuk, Council
Member Nicol and Council Member Giroux
NOES: None
ABSENT: None
ABSTAIN: None
Tracy Weav`
wbta&�)
City Clerk
APPROVED AS TO FORM:
'P0(L
Mark D. Hensley, C Attorney
ORDINANCE NO. 1618
Page 26 of 26