(A) General conditions.
(1) In addition to compliance with the requirements of this chapter, upon approval, all wireless telecommunications facilities and wireless telecommunications collocation facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:
(a) If as-built drawings have not been previously submitted, the permittee shall submit an as built drawing within 90 days after installation of the facility.
(b) The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:
1. Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.
2. The legal status of the owner of the wireless telecommunications facility, including official identification numbers and Federal Communications Commission certification.
3. Name, address and telephone number of the property owner if different than the permittee.
(c) Upon any transfer or assignment of the permit, the transferee or other new permittee shall comply with all requirements of the existing permit and all of its conditions of approval including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a state-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission and the California Public Utilities Commission. If the Director determines that the proposed operation is not consistent with the existing permit, the Director shall notify the permittee who shall either revise the application or apply for modification of the permit pursuant to the requirements of this municipal code.
(d) The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.
(e) At all times, all required notices and signs shall be posted on the site as required by the Federal Communications Commission and California Public Utilities Commission, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
(f) At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the Federal Communications Commission and antenna height standards adopted by the Federal Aviation Administration.
(g) If the Director determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed Federal Communications Commission standards, the Director may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.
(h) Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this municipal code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the Director in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.)
(i) If a nearby property owner registers a noise complaint and such complaint is verified as valid by the Police Department, Code Enforcement, or other city department, the city may hire a consultant to study, examine and evaluate the noise complaint, and the permittee shall pay the fee for the consultant. The matter shall be reviewed by the Development Review Committee. If the Development Review Committee determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the code, the Development Review Committee may impose that condition on the project after notice and a public hearing. (A condition incorporating the applicable noise limitations of this chapter shall also be included in the conditions of approval.)
(j) Permittee shall defend, indemnify, protect and hold harmless city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city and its elected and appointed council members, boards, commissions, officers, officials, 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 the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, 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, but not limited to, choosing counsel for the defense at permittee’s expense.
(k) A condition setting forth the permit expiration date in accordance with § 17.46.170 shall be included in the conditions of approval.
(2) If a wireless telecommunications collocation facility is the subject of an application, the phrase “wireless telecommunications collocation facility” shall be substituted in the above conditions wherever the phrase “wireless telecommunications facility” appears.
(Ord. 2021-10 § 6 (part), 2021)