The purpose of this chapter is to establish procedures and standards, consistent with all applicable federal, state, and local laws for small cell facilities and eligible facilities requests in the city's public right-of-way and to ensure that facilities are carefully located, designed, constructed, modified, maintained, unified, and removed when no longer in use in conformance with all applicable health, safety, and welfare regulations.

Exemptions.

The permitting procedures and authorizations set forth in this chapter shall apply only to small cell facilities and eligible facilities requests in the public right-of-way. Except for small cell facilities, facilities qualifying as eligible facilities requests, exempt facilities, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities or Wireless Telecommunications Facilities as defined in Chapter 17.02 shall be permitted pursuant to this chapter.

No person shall occupy or use the public right-of-way without first obtaining city approval and appropriate permit(s), and any requisite consent of the city. Before placing wireless facilities in the public right-of-way (other than exempt facilities), an applicant must apply for and receive all necessary approvals and permits, including, but not limited to, a general encroachment permit for work within public right-of-way as provided under Chapter 12.04 of the Loma Linda Municipal Code.

In occupying or using the public right-of-way, no person shall compromise the public health, safety, and welfare.

Nothing in this chapter precludes the city from applying its generally applicable health, safety, and welfare regulations when granting a permit for a wireless facility in the city's public right-of-way.

Any wireless facility already existing in the public right-of-way as of the date of the ordinance codified in this chapter's adoption shall remain subject to the provisions of the Loma Linda Municipal Code in effect prior to this chapter, unless and until a renewal of such then-existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such preexisting wireless facilities shall be conducted pursuant to this chapter, rather than the portion(s) of the municipal code under which it was previously reviewed.

Interpret the provisions of this chapter and the design standards;

Develop forms and procedures for submission of applications consistent with this chapter;

Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this chapter in accordance with applicable laws and regulations;

Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;

Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the application; and

Take such other steps as may be required to timely act upon applications, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

Pre-Application Conference. A pre-submittal conference with city staff and potential applicants is strongly encouraged to discuss potential project applications on a conceptual level.

Application Required. Prior to installation, modification, relocation or removal of a wireless facility in the public right-of-way, the applicant shall apply to the city in-person and receive approval from the city.

Required Application Materials. An applicant shall submit an application on the form approved by the community development and public works departments, which may be updated from time to time, but in any event shall require the submission of all required fee(s), documents, information, and any other materials necessary to allow the city to make required findings and ensure that the proposed facility will comply with applicable federal and state law and the Loma Linda Municipal Code, and will not endanger the public health safety, or welfare. Application forms shall be obtained from the department of community development.

Application Processing Fee. An application processing fee shall be collected at the time an application is submitted for review and approval. The fee amount shall be in conformance with the limits prescribed by law and/or the established fee resolution of the city of Loma Linda.

Incompleteness. Applications will be processed to determine completeness and consistency with all applicable federal, state, and local laws. If an application is incomplete, the community development department and/or public works department shall notify the applicant in writing of the specific deficiencies with the submitted application and/or materials.

Application Approval. The final review and determination regarding a complete application shall be made by the director.

Installation Time Frame. Approved small cell facilities within the public right-of-way shall be fully complete per approved plans within one hundred eighty days from the date of approval.

Permit Duration. A small cell permit shall be valid for a period of ten years, unless pursuant to another provision of the code or these conditions, it expires sooner or is terminated. At the end of ten years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a small cell permit must either: (1) remove the small cell facility within thirty days following the permit's expiration (provided that removal of support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city); or (2) at least ninety days prior to expiration, submit an application to renew the small cell permit, which application must, among all other requirements, demonstrate that the impact of the small cell facility cannot be reduced. The small cell facility must remain in place until it is acted upon by the city and all appeals from the city's decision exhausted.

Other Permits Required. Upon the approval a small cell facility application, and prior to the commencement of work in the public right-of-way, the applicant shall obtain all required public works and/or building permits to construct and/or install the approved small cell facility and pay all applicable fees.

Insurance. Permittees obtaining a permit to install a small cell facility in the public right-of-way, its successors and assigns, at its expense, and without cost to the city, shall procure and maintain a single limit commercial general liability insurance policy for bodily injury and property damage and general aggregate amount as determined by the city risk manager. All coverages are to be arranged on an occurrence basis and include coverage for those hazards normally identified during construction. All insurance coverage required herein shall be written in a form and by a company or companies reasonably approved by the risk manager of the city of Loma Linda and authorized to do business in the state of California. All such insurance policies shall be specifically endorsed to include all liability assumed by the permittee hereunder and shall name the city of Loma Linda as an additional insured as its interest may appear under this permit.

Transferability. The approval to operate a small cell facility within the public right-of-way may be transferred to a new person upon written notice to the city if no change to the physical configuration of the approved facility is proposed. A new person seeking to make changes to the physical components of an existing approved facility and/or desiring to upgrade to new technology may be subject to the requirement of submitting a new application and review process to utilize the subject location.

Emergency Contact and Access. The permittee shall provide a contact person and phone number where a live individual can contacted in the event of an emergency. In the event of an emergency, the city or its designee may enter onto the facility to inspect upon a twenty-four hours' notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the city. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

Maintenance. The permittee shall continually maintain the appearance of all components related to the small cell facility or wireless support structure. A description of the anticipated maintenance and monitoring program for the antennae and back-up equipment, including frequency of maintenance services, back-up service plans for disruption of service due to repair, maintenance or monitoring activities shall be provided to the city and kept on file for reference at any time.

Generally Applicable Health and Safety Regulations. All small cell facilities shall be designed, constructed, operated, and maintained in compliance with all generally applicable federal, state, and local health and safety regulations, including, without limitation, all applicable regulations for human exposure to RF emissions.

No Liability. The city shall not be liable to the permittee by reason of inconvenience, annoyance, or injury to the small cell facilities and related ground or pole-mounted equipment or activities conducted by the permittee therefrom, arising from the necessity of repairing any portion of the public right-of-way, or from the making of any necessary alteration or improvements, in or to, any portion of the public right-of-way, or in, or to, city's fixtures, appurtenances, or equipment.

Signal Interference Prohibited. In the event that a permittee's small cell facility interferes with the public safety radio system, or the city's or state of California's traffic signal system, then the permittee shall, at its cost, immediately cooperate with the city to either rule out permittee as the interference source or eliminate the interference. Cooperation with the city may include, but shall not be limited to, temporarily switching the transmission equipment on and off for testing.

Annual Fee for Use of City-Owned Structures. For small cell facilities installed on city-owned structures, the permittee shall be required to pay the annual fee established in the master license agreement with the city.

Annual Certification. On or before January 15th of every year after commencing operations, the permittee shall submit written confirmation to the city that each facility is operating as approved. The certification shall indicate that the facility is operating as approved and that the facility complies with the most current FCC safety standards.

Indemnification. The permittee and, if applicable, the owner of the property on which the small cell facilities or wireless support structures in the public right-of-way are installed shall indemnify, protect, defend, and hold the city and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the permittee who owns or operates small cell facilities and wireless service in the public right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the permittee, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the public right-of-way.

Surety Bond. All owners must procure and provide to the city a bond, or provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this chapter. The bond must be maintained for as long as the owner has small cell facilities and/or wireless support structures located in the public right-of-way. The bond or equivalent financial method must specifically cover the cost of removal of unused or Abandoned small cell facilities, wireless support structures, and all other related facilities and equipment, based on the greater of two contractors' quotes for removal that are provided by the permittee, and damage to city property caused by a permittee or its agent of each small cell facility and/or wireless support structure in case the city has to remove or pay for its removal. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.

Priority of City Right-of-way Improvements. All small cell facilities located and/or utilizing existing structures, within the public right-of-way are subject to modification and/or relocation as the result of right-of-way improvements due to:

Relocation of a Small Cell Facility. The relocation of any small cell facility shall require the submittal and approval of a new project application and payment of associated processing and permit fees.

City Removal for Safety and Imminent Danger Reasons. In the event that the installation or operation of a small cell facility is determined by the city engineer or building official to pose an imminent danger to the public, health, safety, or welfare, then the city may:

Removal/Abandonment of Facilities. Any small cell facility that ceases to be operational for a period of more than one hundred eighty days, without due cause as approved by the city, shall be considered to be abandoned. Abandoned facilities shall, at the permittee's sole cost and expense, be removed in its entirety from the public right-of-way, with sixty days or notice from the city.

Restoration. The permittee shall repair, at its sole cost and expense, any damage to the public right-of-way, any facilities or landscaping located within the public right-of-way, and/or the property of any third party resulting from the permittee's installation, removal, or relocation activities (or any other of the permittee's activities hereunder) within ten calendar days following the date of such activities. Restoration of the public right-of-way and such property must be to substantially the same condition as it was immediately before the date that the permittee was granted a small cell permit for the applicable location, or did the work at such location (even if the permittee did not first obtain a small cell permit). This includes restoration or replacement of any damaged trees, shrubs, or other vegetation. Such repair, restoration, and replacement shall be subject to the approval of the community development director and/or public works director.

Changes in State or Federal Standards and Regulations. When required by any revised applicable state or federal standards and regulations, the owners of the small cell facilities governed by this chapter shall bring any facilities and/or structures into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring small cell facilities into compliance with any applicable revised standards and regulations shall constitute grounds for removal at the owner's expense.

Tree and Vegetation Trimming. The permittee and its contractors and agents shall obtain prior written permission from the city public works director before removing or trimming any trees or other vegetation in the public right-of-way to install or maintain clearances for a small cell facility. When trimming trees or vegetation on private property, the permittee and its contractors and agents shall notify the city and obtain prior written permission from the affected property owner(s). Improper pruning or "topping" of trees is prohibited and may result in fines and/or require replacement of the tree, at the permittee's sole cost and expense, to the satisfaction of the community development director. The city shall not be liable for any damages, injuries, or claims arising from the permittee's actions under this section.

Noise. The permittee is required to incorporate ambient noise suppression measures and/or to place the equipment in locations less likely to impact adjacent residences or businesses to ensure compliance with all applicable noise regulations.

Code Compliance. The permittee shall at all times maintain compliance with all applicable federal, state, and local laws, regulations and other rules, including, without limitation, those applying to the use of public right-of-way.

No Waiver of Standing. The city's grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.

Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

No Permit Term Extension. The city's grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

No Waiver of Standing. The city's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.