17.130.260 Conditions of approval for all commercial telecommunications facilities.
A. In addition to compliance with the requirements of this chapter, upon approval all 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:
1. Before the permittee submits any application for a building permit or other permits required by the SMC, the permittee must incorporate the wireless telecommunication facility permit granted under this chapter, all conditions associated with the wireless telecommunications facility permit and the approved plans and any photo simulations (the “Approved Plans”) into the project plans. The permittee must construct, install and operate the wireless telecommunications facility in strict compliance with the Approved Plans. The permittee shall submit as-built drawings within 90 days after installation of the facility.
2. 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:
a. 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.
b. The legal status of the owner of the wireless telecommunications facility, including official identification numbers and FCC certification.
c. Name, address, and telephone number of the property owner if different than the permittee.
3. 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.
4. At all times, all required notices and signs shall be posted on the site as required by the FCC 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.
5. 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 FCC and antenna height standards adopted by the Federal Aviation Administration. The City shall retain a consultant, at the sole expense of the permittee, to perform testing demonstrating compliance with current Federal regulatory and operational standards. Tests shall occur upon commencement of operations and bi-annually thereafter.
6. If at any time while the permit is in effect the Planning Director determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the Planning Director may require the permittee to submit a report described by this section. Failure to comply with this section shall be grounds for revocation of the use permit. The report shall also include an acoustical analysis that demonstrates compliance with the noise requirements herein and with the City’s Noise Ordinance contained within Chapter 8.25 SMC.
7. 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 the SMC. 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 Planning Director in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.
8. Indemnification shall be made a condition of approval and shall include the following responsibilities: Permittee shall defend, indemnify, protect and hold harmless the 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 proceedings 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.
9. All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.
10. A condition setting forth the permit expiration date in accordance with SMC 17.130.330 shall be included in the conditions of approval.
11. A condition setting forth the modification requirement stated within SMC 17.130.100(N). (Ord. 1123 § 3 (Exh. A § 4), 2019)