(A) The city may add or modify conditions of approval as necessary or appropriate to protect and promote the public health, safety, and welfare. All facilities approved under this chapter shall be subject to the following conditions:
(1) Permit term. This permit will automatically expire ten years and one day from its issuance, except when Cal. Gov’t Code § 65964(b), as may be amended or superseded in the future, authorizes the city to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued pursuant to Cal. Gov’t Code § 6409(a) in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted under federal law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. Upon a written application from the applicant, the approval authority shall renew this permit for an additional ten-year term if the facility is in compliance with all local, state and federal laws at the time the permit expires.
(2) Build-out period. This permit will automatically expire one year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless telecommunications facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless telecommunications facility or its use. The Director may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition.
(3) Compliance with approved plans. Before the permittee submits any applications to the Building Department, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, are subject to the Director's prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the approved plans or implicates a significant or substantial land-use concern.
(4) Post-installation final inspection. The permittee shall obtain a final inspection by the Director to ensure the facility is built in accordance with the approved plans. If the facility is not constructed as conditioned, the Director reserves the right to withhold finalizing the building permit until the facility is modified to comply with all plans and conditions.
(5) Maintenance obligations; vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this permit. Any concealment elements shall be kept in "like new" condition at all times. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. The permittee and property owner shall maintain any and all landscape features in accordance with an approved landscape plan, if any, and shall replace dying or dead trees, foliage or other landscape elements shown on the approved plans within five calendar days after written notice from the city.
(6) Compliance with laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless telecommunications facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. In the event that the city fails to timely notice, prompt or enforce compliance with any applicable provision in the California Building Code, Santa Fe Springs Municipal Code, Fire Code, any permit, any permit condition, or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in any such permit, permit condition or any applicable law or regulation.
(7) Adverse impacts on other properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours in accordance with Santa Fe Springs Municipal Code §§ 155.424 and 155.425. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the city. The Director or the Director's designee may issue a stop work order for any activity that violates this condition.
(8) Backup power; generators. After obtaining all necessary permits, the permittee may operate backup power generators only during:
(a) Commercial power outages; or
(9) Inspections; emergencies. The permittee expressly acknowledges and agrees that the city's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The city's officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons; provided, however, that even in such emergency circumstances, the city shall use reasonable efforts to notify the permittee prior to such entry to the extent practicable under the circumstances. The permittee, if present, may observe the city's officers, officials, staff or other designee while any such inspection or emergency access occurs.
(10) Permittee's contact information. The permittee shall provide the city with the name, title, direct phone number, mailing address, email address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility. Contact information shall be updated within seven days of any change.
(11) Indemnification. The applicant, permittee, operator of a facility, and property owner (when applicable) agrees to defend, indemnify and hold harmless the City of Santa Fe Springs, its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attack, set aside, void or annul an approval of the city or any of its councils, commissions, committees or boards arising from or in any way related to the wireless telecommunications facility, or any actions or operations conducted pursuant thereto. Should the city, its agents, officers or employees receive notice of any such claim, action or proceeding, the city shall promptly notify the applicant, permittee, operator of a facility, and property owner of such claim, action or proceeding, and shall cooperate fully in the defense thereof.
(12) Transfer of use. The Department of Planning and Development shall be notified in writing of any transfer or lease of the wireless telecommunications facility. The permittee shall promptly provide a copy of the permit to the transferee or lessee and shall insure that lessee or other user(s) understands and agrees to comply with the terms and conditions of this permit.
(13) Removal of discontinued use. In the event that the use of a wireless telecommunications facility is discontinued, the permittee shall provide written notice to the Director of its intent to discontinue use 60 days prior to the final day of use. The permittee shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises to its pre-facility condition so as to be in conformance with all applicable zoning codes at the permittee's expense. All such removal, repair and restoration shall be completed within six months after the use is discontinued, and shall be performed in accordance with all applicable health and safety code requirements.
(B) Additional conditions for wireless telecommunications facilities within the rights-of-way:
(1) Taxes and assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of city property as a result of an applicant's use or occupation of the rights-of-way, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority.
(2) Underground utilities. In the event that other public utilities or cable television operators in the public rights-of-way where the permittee's wireless facility is located underground their facilities, the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding shall occur at the permittee's sole cost and expense except as reimbursed pursuant to law.
(3) Electric meter removal. In the event that the commercial electric utility provider adopts or changes its rules obviating the need for a separate electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall apply to the city for permission to remove the separate electric meter and enclosure and restore the affected area to its original condition.
(4) Existing infrastructure restoration.
(a) Upon installation of the new work, the contractor shall restore the street and/or alley pavement as required in full and complete compliance with the approved encroachment permit and wireless telecommunications facility permit for use of the public right-of-way, and to the satisfaction of the Director of Public Works.
(b) Upon installation of the new work, the contractor shall restore all concrete walks, driveway aprons, and “collector strips” as required in full and complete compliance to the satisfaction of the Director of Public Works.
(c) Upon installation of the new work, the contractor shall restore all trees, landscaping, lawns and/or sod strips to the satisfaction of the Director of Public Works.
(Ord. 1090, passed 9-28-17)