HomeMy WebLinkAbout11A - ORDINANCE TELECOMMUNICATIONSlss2/25/ 11
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADOPTING GUIDELINES FOR
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT OF WAY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The guidelines set forth in this ordinance are necessary to preserve public
health, safety, welfare, and aesthetic interests in the public right of way.
None of these guidelines are, however, adopted solely for aesthetic interests.
B. Given the increasing use of telecommunications facilities in society today, the
City expects to receive applications for permits for such facilities in increasing
number, some of which facilities are significantly larger than most similarly
situated existing installations; and
C. The City does not intend that this ordinance prohibits or has the effect of
prohibiting telecommunications service; rather, the City seeks to limit
development of telecommunications facilities in and around residential
neighborhoods to the fullest extent allowed by law; and
D. The City recognizes its responsibilities under the Federal
Telecommunications Act of 1996 and State law, and believes that it is
exercising its regulatory authority to the fullest extent under the current state
of the law in ensuring that irreversible development activity does not occur
that would harm the public health, safety or welfare.
Section 2. The City Council has reviewed and considered the information contained
in the initial study and the negative declaration prepared with respect to this Ordinance.
The City Council has, as a result of its consideration and the evidence presented at the
hearings on this matter, determined that, as required pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative
Declaration adequately addresses the expected environmental impacts of this Ordinance.
On the basis of this review, the City Council finds that there is no evidence from which it
can be fairly argued that the project will have a significant adverse effect on the
environment. The City Council hereby certifies and approves the negative declaration and
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directs that the Notice of Determination be prepared and filed with the County Clerk of the
County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resources
or the ecological habitat upon which wildlife resources depend. The proposed project
exists in an urban environment characterized by paved concrete, roadways, surrounding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. Article X is added to Chapter 33 of the Santa Ana Municipal Code to
read in full as follows:
ARTICLE X
TELECOMMUNICATIONS FACILITIES IN
THE PUBLIC RIGHT OF WAY
SECTIONS
33-230 Purpose and Intent
33-231 Definitions
33-232 Siting Preferences
33-233 Prohibited On Roadway of Public Street
33-234 Dangerous Condition or Obstruction
33-235 Permit Required
33-236 Application Required
33-237 Fee
33-238 Notice of Application Submittal
33-239 Permit Issuance
33-240 Appeal
33-241 Site Selection Guidelines and Criteria
33-242 Visual Impact Guidelines
33-243 Public Safety Guidelines
33-244 Maintenance Standards
33-245 Compliance with Applicable Law and Regulations
33-246 Nonexclusive Use of Public Right of Way
33-247 Director's Guidelines
33-248 Submittals
33-249 Indemnity and Insurance
33-250 Coordination with other Projects
33-251 Installation in Streets Subject to Future Improvement
33-252 Urban Forest
33-253 Permit Non-Compliance; No Waivers
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33-254 Future Changes in the Law
Sec. 33-230. Purpose and Intent.
The City Council finds and determines that it is in the interest of the City of
Santa Ana to establish a process that balances the need for Santa Ana residents to
access wireless communications, the general welfare of Santa Ana residents, and the
requirements of state and federal law, to guide applicants for telecommunication
facilities within or along the public right of way. Accordingly, this article is adopted:
(1) To provide uniform standards for the community desired design,
placement, permitting and monitoring of telecommunication facilities consistent with
applicable state and federal requirements.
(2) To manage the public right of way as to the time, place, and manner in
which it is accessed.
(a) To minimize the environmental and aesthetic impacts of installations in
crowded public rights of way.
(b) To strongly encourage telecommunications facilities to be installed
only as ancillary uses at new and existing sites.
(c) To require installation on arterial rather than local streets when
feasible.
(3) To preserve view corridors, to discourage visual blight and clutter and to
encourage aesthetic placement of telecommunication facilities.
(4) To accommodate public and City use of the public right of way, so as to
permit maintenance of telecommunication facilities, and to minimize disruption to
vehicular traffic and pedestrian flow; and on-street parking.
(5) To minimize unnecessary disruption of the public right of way by
coordinating installations so as to effectively manage use of the public right of way.
(6) To ensure the structural integrity, reliability, performance, safety, quality,
ease of maintenance, and aesthetic integrity of the public right of way.
(7) To ensure that similarly situated public right of way users are treated in a
competitively neutral and non-discriminatory manner while complying
with applicable state and federal requirements.
(8) To ensure compliance with all federal, state, county, and local laws.
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(9) To prevent hazardous conditions along the public right of way.
(10) To manage the long-term use of the public right of way.
Sec. 33-231. Definitions.
For the purpose of this Article, the following words or phrases are defined below:
(a) "Agency" means the City's Public Works Agency.
(b) "Antenna array" means one or more rods, panels, discs, or similar devices
used for the transmission or reception of radio frequency signals, which may include
omni-directional antennas (whip), directional antennas (panel), and parabolic antennas
(dish), but excluding any support structure.
(c) "Director" means the Executive Director of the Public Works Agency or
designee.
(d) "Parkway" means that area between the sidewalk and the curb of any
street, and where there is sidewalk adjacent to the curb, that area between the sidewalk
and the right of way line and where there is no sidewalk, that area between the curb or
edge of the roadway and the right of way line adjacent thereto.
(e) "Permit" means a permit issued pursuant to this Chapter allowing the
placement of a telecommunication facility within a specifically designated portion of
the public right of way.
(f) "Person" means any individual, firm, company, partnership,
corporation, entity, agency, or other organization.
(g) "Primary use" means the main purpose for which a site is developed
and occupied, including the activities that are conducted on the site a majority of the
hours which activities occur, including, but not limited to, a street light or power pole.
(h) "Public sidewalk" means any surface dedicated to the use of
pedestrians by license, easement, operation of law or by grant to the City.
(i) "Public right of way" or "right-of-way" means the area on, below, or
above a city owned or controlled street or alley public right of way and the sidewalk
and/or parkway adjacent thereto.
(j) "Roadway" means that portion of a public street improved, designed or
ordinarily used for vehicular traffic.
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(k) "Shared use" means a site or facility where a wireless provider shares a
telecommunications facility with an existing structure, such as a street light or utility pole
or a similar replacement of an existing structure.
(1) "Significant Gap" means a gap in the telecommunications signal,
including geographic coverage, interference and capacity issues resulting in the
inability of telecommunications users to reliably place, maintain or receive calls.
(m) "Support structure" means a freestanding structure designed and
constructed to solely support an antenna array and that may consist of a monopole,
a self-supporting lattice tower, a guy-wire support tower, or other similar structure.
(n) "Telecommunication Facility" means and includes any wire or line,
antenna, pipeline, pipe, duct, conduit, converter, cabinet, pedestal, meter, tunnel, vault,
equipment, drain, manhole, splice box, surface location marker, pole, structure, utility, or
other appurtenance, property, or tangible thing used to provide telecommunications
and/or video services to the public.
(o) "Work" means all labor, materials, equipment, services, and all other
things necessary for a person to install a telecommunication facility in the public right of
way, including without limitation any changes requested by the City, in accordance with
this Article and all applicable laws and regulations.
Sec. 33-232. Siting Preferences
Whenever possible telecommunication facilities shall be located on feasible sites
outside of and non-adjacent to property zoned or used for residential purposes. To the
extent possible, telecommunications facilities shall be located outside the public right-of-
way. If an alternative site analysis indicates the only feasible site is in the right-of-way
within one hundred forty feet (140) of property zoned or used for residential purposes,
placement may be approved on arterial streets. If facility must be sited on a local street
to fill a significant gap, placement may only be allowed on an existing street light or
utility pole, or a replacement pole located at the same site. For purposes of this section,
feasible sites are sites that 1) are not encumbered by deed restrictions or other legal
impediments that prohibit the installation of telecommunication facilities; 2) are owned or
controlled by an entity that is willing to allow the use of the proposed site for a
telecommunication facility installation; 3) include existing structures (such as street
lights and utility poles) upon which telecommunication facilities can be mounted; 4)
require no new permanent disruptions (i.e. access roads, retaining walls, etc.) that do
not primarily serve the primary use; and 5) where the proposed telecommunication
facility, including accessory cabinets, can be designed, treated or screened in an
aesthetic manner that is in keeping with the surrounding area.
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Sec. 33-233. Prohibited on roadway of public street
No person shall install, use or maintain any telecommunication facility in such a manner
that it impedes travel on the right-of-way, nor shall such installation violate siting
regulations imposed by the California Public Utilities Commission.
Sec. 33-234. Dangerous condition or obstruction
No person shall install, use or maintain any telecommunication facility which in whole or
in part rests upon, in or over any public sidewalk or parkway, when such installation,
use or maintenance endangers or is reasonably likely to endanger the safety of persons
or property, or when such telecommunication facility unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic including any legally parked or
stopped vehicle, the ingress or egress from any residence or place of business, the use
of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining,
permitted street furniture or other objects permitted at or near said location.
Sec. 33-235. Permit Required.
No person shall install or maintain any telecommunication facility which in whole or in
part rests upon the public right of way without first obtaining a permit from the Director
under this Chapter.
Sec. 33-236. Application Required.
Before a permit is issued, a written application must be filed with the Agency on a form
approved by the Director. The application shall contain the following:
1. The name, address and telephone number of both the applicant and the owner
of the telecommunication facility;
2. The name, address and telephone number of the responsible person whom the
City may contact at any time concerning the telecommunication facility;
3. The applicant shall show legal authority to occupy and use for the purpose
mentioned in the application, the streets, alleys, sidewalks or other public
places where the excavation, placement, location or installation of
telecommunication facilities is proposed to be made;
4. A site plan to scale, elevation drawings, before installation photographs
showing the exact location of the proposed telecommunication facility
(including a description of the location in a format compatible with the City's
geographic information system database), including other improvements in
the project area, renderings and/or photo simulations of the installed
telecommunication facility with appurtenances including power meter boxes
and surrounding landscaping elements;
5. At the request of the Director, a photograph and model number of the
telecommunication facility being proposed;
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6. A coverage map indicating the area which will be served by the proposed
telecommunication facility and any significant gap which will be filled by such
installation;
7. A construction plan and schedule, to include start and end dates and phasing,
as required by the Agency, including additional telecommunication facility
locations which the applicant plans to install within five years from the date of
application submittal;
8. Engineering certification demonstrating compliance with all existing RF
emission standards. The technical information submitted must include
support/analysis to justify the proposed location and height of the
telecommunication facility;
9. The applicant shall include a list of names and addresses of all property owners,
as shown on the latest assessment roll of the county assessor, and tenants
within three hundred feet (300') of the exterior boundaries of the proposed site or
location. This list shall be in an approved mailing label format;
10.An alternative site analysis, including a map indicating the address and
Assessor's parcel number of each alternative site within the coverage
objective, a statement of what good faith efforts and measures were taken to
secure each of these alternative sites, why each such site is not
technologically, legally or economically feasible, how and why the proposed
site is essential to meet service demands for the geographic service area and
the citywide network. This information is necessary to determine whether
there will be a significant gap in coverage if the project is not approved or
whether alternatives exist for providing coverage;
11.A non-refundable application and processing fee, in an amount established by
resolution of the City Council to defray the City's costs to process the
application and to inspect the telecommunication facility.
Sec. 33-237. Fee
(a) Processing Fees. The fee for any permit or application required by this
article shall be set by the City Council by resolution from time to time.
(b) Independent Consultant. As reasonably required, the Applicant may be
required to provide an authorization waiver to permit the City to hire an independent
qualified consultant to evaluate any technical aspect of the proposed telecommunication
facility. Any authorization for this purpose shall include an agreement by the applicant to
reimburse the City for all reasonable costs associated with the consultation. Any
proprietary information disclosed to the City or the consultant is hereby deemed not to
be a public record, shall remain confidential, and not be disclosed to any third party
without the express consent of the applicant, except as hereafter required by operation
of law or by court order.
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Sec. 33-238. Notice of Application Submittal
(a) Within five (5) business days of acceptance of a complete application, the
Director shall give or cause notice to be given that the application has been submitted.
The notice shall provide a brief description of the proposed telecommunication facility, a
map indicating the proposed location, information describing the permit review process
including the anticipated action date on the permit request. Notice shall be
accomplished by:
(i) mailing notices to the owners of property located in residential
districts and within 300 feet of the exterior boundaries of the
proposed installation site.
(ii) mailing notices to any neighborhood association representing
residential property located within 300 feet of the exterior
boundaries of the proposed installation site.
(iii) Posting a notice at the proposed installation site on the existing
utility pole, street light or similar structure to be modified or
replaced, or as close thereto as reasonably possible.
(b) Written comments received by the Director shall be considered as part of
the staff review. The comment review period shall be 30 days from the date notice is
provided.
(c) The applicant shall work cooperatively with the City to consider or
otherwise respond to comments received by the Director.
Sec. 33-239. Permit Issuance.
(a) A permit for a telecommunication facility shall be granted, denied or conditionally
granted by the Director within a reasonable time after receiving a completed application
(b) The Director shall issue a permit if the Director makes all of the
following findings:
(1) The proposed telecommunication facility is visually compatible with the
surrounding neighborhoods;
(2) The applicant has demonstrated that the installation will not substantially
interfere with the use of the public right-of-way and existing subterranean infrastructure;
(3) The proposed telecommunication facility complies with all applicable
regulations of the Federal Communication Commission;
(4) The applicant has demonstrated that the proposed site will close a
significant gap in coverage and the proposed site is the least intrusive means of
providing telecommunication services available to the applicant;
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(6) The applicant has coordinated the final siting location of the
telecommunication facility with the Director;
(7) The applicant has posted a performance bond or other security in an
amount rationally related to the cost of removal; and
(8) All notification requirements for the proposed telecommunication facility
have been met.
(c) In granting or denying an application, the Director shall make a written finding
which shall specify all facts relied upon in rendering his decision. A copy of the decision
shall be filed with the City's Public Works Agency and mailed to the applicant and to any
person who has submitted a comment on the proposed application pursuant to Section
33-238 (b), above.
Sec. 33-240. Appeal
Any interested person may appeal the decision of the Director pursuant to chapter 3 of
this Code.
Sec. 33-241. Site Selection Guidelines and Criteria.
(a) The Director may authorize support structures within the public right of way
only with a finding that such support structure is required to fill a significant gap and is
less intrusive than placement on a primary use in terms of visibility, access or
aesthetics.
(b) Traffic Obstruction. The placement of the telecommunication facility shall
not permanently impede vehicular or pedestrian traffic flow;
(c) No modification to above-ground or at-grade telecommunication facilities,
including those related to size, color and shape of the housing, may be made by the
applicant without first having obtained approval of the Director.
(d) To the maximum extent feasible, all appurtenant equipment, including
radio base station, electrical panel, and control panel assembly, shall be placed below
ground. Where feasible, as new technology becomes available, the applicant shall
place an existing or proposed above-ground telecommunication facility below ground.
Sec. 33-242. Visual Impact Guidelines.
(a) Unobtrusive Design. Telecommunication Facilities shall be designed to be
as visually unobtrusive as feasible. Colors and designs must be visually neutral,
integrated and compatible with surrounding buildings and/or uses in the area. Facilities
shall be sited to avoid or minimize obstruction of views from adjacent properties and
otherwise preserve the aesthetic integrity of the public right of way.
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(b) An antenna array shall be installed as a shared use on an existing or
replacement pole and shall not extend over seven feet beyond the top of the pole.
However no telecommunication facility located within 140 feet of a residential property
shall exceed thirty-five (35) feet in height. Additionally, no telecommunication facility
shall exceed sixty (60) feet in height from the ground level as measured from the
nearest street curb.
(c) Camouflaged Design and Screening. When feasible, Applicant shall
use state of the art, well camouflaged designs and screening to minimize visual
impact of the telecommunication facility. For example, the visual impact of a
telecommunication facility may be mitigated by integrating it into existing functional
facilities, by the planting of trees to screen the antenna from adjacent private
properties.
(d) Landscaping. New landscaping and irrigation designs shall be restored
to like or better condition approved by the Director in accordance with the City's
landscaping standards.
1. For telecommunication facilities installed in the public right of way in an
area where no sidewalk exists, the permittee shall install landscaping
immediately surrounding the installation and restore any landscaping
disturbed by the installation. The installed and restored landscaping shall be
consistent with the existing surrounding landscaping.
2. All new landscaping shall be served by an automatic irrigation system
installed, or if existing, modified, to sustain landscaping. If an automatic
irrigation system is not feasible, applicant shall submit a manual irrigation
plan with its application, and guarantee to replace any vegetation that dies
from lack of watering.
(e) No Telecommunication Facility shall be illuminated unless specifically
required by the FAA or other governmental agency for security or clearance
purposes.
(f) Signs and Advertising. No advertising signage or identifying logos shall
be displayed on any telecommunication facility except for small identification,
address, warnings, and other similar information plates. Such information plates
shall be identified in the telecom application and shall be subject to approval by the
Director.
(g) If an applicant proposes to replace a pole in order to accommodate
their telecommunication facility, the pole shall match the appearance of the original
pole to the extent feasible and shall be approved by the Director.
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(h) Historic Structures. The telecommunication facility should not be
located immediately in front of, beside or behind historic resources recognized by
the City pursuant to Chapter 30 of this Code.
Sec. 33-243. Public Safety Guidelines.
(a) Arterial Highway Pedestrian Passage. In public rights of way that are
designated in the Circulation Element of the City's General Plan as "arterial" streets
or highways, and which have an existing sidewalk, the telecommunication facility
should be located on the sidewalk or parkway such that there is a minimum six feet
(6') unobstructed distance between the edge of the cabinet and any private property,
in order to provide sufficient clearance for pedestrians and wheelchairs. If the paved
sidewalk is less than six feet (6') wide, the applicant may propose to construct
additional sidewalk to meet this requirement if possible; provided, however, that a
sufficient length of sidewalk shall be constructed to leave no discontinuities in the
new path of access. The telecommunication facility shall be installed in the public
right of way with a minimum of eighteen (18) inches of unobstructed distance
maintained between the edge of the cabinet and the edge of the curb face
(b) Non-arterial Highway Pedestrian Passage. In public rights of way that
are not designated in the Circulation Element of the City's General Plan as "arterial"
streets or highways, and which have an existing sidewalk, the telecommunication
facility shall be located on the sidewalk or parkway such that there is a minimum four
feet (4') unobstructed distance between the edge of the cabinet and any private
property line, in order to provide sufficient clearance for pedestrians and
wheelchairs. If the paved sidewalk is less than four feet (4') wide, the applicant may
propose to construct additional sidewalk to meet this requirement if possible;
provided, however, that a sufficient length of sidewalk shall be constructed to leave
no discontinuities in the new path of access. The telecommunication facility shall be
installed in the public right of way with a minimum of eighteen (18) inches of
unobstructed distance maintained between the edge of the cabinet and the edge of
the curb face
(c) Non-paved Sidewalks. In public rights of way with no existing sidewalk
pavement, the telecommunication facility shall be located in the parkway such that
there is a minimum four feet (4') unobstructed distance between the edge of the
cabinet and any private property line, in order to provide sufficient clearance for
pedestrians and wheelchairs by one of the following methods:
1. Where there is no curb face, the telecommunication facility shall
be installed in the public right of way with a minimum of four (4) feet of unobstructed
distance between the edge of the cabinet and the edge of the paved street; or
2. Where there is a curb face, the telecommunication facility shall
be installed in the public right of way with a minimum of eighteen (18) inches of
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unobstructed distance between the edge of the cabinet and the edge of the curb
face.
(d) Vehicular Line of Sight and Sight Distance. The telecommunication
facility shall not be located in the "visibility triangle," defined as that portion of both
public and private property located at any corner and bounded by the curb line or
edge of roadway of the intersecting streets and a line joining the points on the curb
or edge of the roadway of the intersection streets forty-five feet (45') from the point
of intersection of the extended curb lines or edges of roadway. The
telecommunication facility shall not be located adjacent to street intersections,
driveways and alley intersections where they would reduce the sight distance for
existing vehicular traffic to less than the distance required by City standards on file
with the Public Works Agency.
Sec. 33-244. Maintenance Standards
All telecommunication facilities subject to this Chapter shall comply with the
following standards:
(a) The applicant shall provide on-going maintenance of its telecommunications
facilities, 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, blemishes and discoloration
5. Graffiti, bills, stickers, advertisements, etc; and
6. Broken and misshapen structural parts.
(b) If an applicant discontinues use or abandons any telecommunication facility,
the applicant shall immediately notify the Director, remove the equipment and
restore the site to the condition it existed prior to installation of the
telecommunication facility in a manner approved by the Director.
(c) All above-ground telecommunications facilities shall be properly maintained in
accordance with the following procedures:
1. All necessary repairs, including graffiti removal, shall be completed
by the applicant within 48 hours after discovery or receipt of
notification of the need for such repairs.
2. The applicant shall provide routine maintenance within 10 working
days after receiving notice of the need for such maintenance.
3. Telecommunications facilities shall be replaced, in kind, within 45
days, if routine or emergency maintenance is not sufficient to return
the equipment to the condition at the time of installation.
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Sec. 33-245. Compliance with Applicable Law and Regulations
This Article is not intended to be the exclusive means of regulating installation of
Facilities in the public right of way and nothing herein is intended to waive any other
applicable City requirements, including but not limited to building permit, storm water
runoff, business license, excavation and undergrounding regulations. The
applicant/permittee shall obtain all permits, licenses, and similar authorizations that are
required by other governmental entities for the installation of its Facilities. The
applicant/permittee must also be and remain in compliance with all applicable statutes,
ordinances, rules, regulations, orders, and decisions issued by any federal, state or
local governmental body or agency, including without limitation those issued by the
California Public Utilities Commission and the Federal Communications Commission.
Sec. 33-246. Nonexclusive Use of public right of way
All permits to construct or place Facilities in the public right of way shall be
nonexclusive. The granting of a permit under this article by the City does not provide
any permittee with an exclusive use of the public right of way.
All telecommunication facilities permitted by this chapter shall, upon the demand of the
Director, be relocated if required by the City to avoid potential conflicts with a proper
governmental use of a street, alley, sidewalk or other public place. All expenses
incurred in relocating shall be paid by the telecommunication facility owner.
Sec. 33-247. Director's Guidelines
To the extent not preempted by applicable laws, the Director may prescribe additional
guidelines covering the location, size and depth of excavations in public streets and
sidewalks as the Director may deem necessary for the public safety and welfare. Where
such guidelines are general in character and are designed to apply to all excavations of
a certain type or nature, they shall be promulgated in writing showing the date of their
enactment, and a copy thereof, duly certified to by the Director shall be kept on file
where they may be made available for public inspection upon the demand of any
person. All Work performed under this Article shall be subject to such guidelines.
33-248. Submittals
Prior to the issuance of any permit, each Applicant shall provide the Agency with
evidence that it has obtained all applicable business licenses, state permits, and other
licenses, as well as insurance in an amount and form specified by the Agency.
Sec. 33-249. Indemnity; insurance
Prior to issuance of any permit under this article, each applicant shall:
(a) Represent, stipulate, contract and agree that such applicant will indemnify
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and hold harmless and defend the City of Santa Ana, its officers and
employees from and against any and all suits, actions, judgments, losses,
costs, demands, claims, expenses (including attorney's fees), damages, and
liabilities of every kind for any and all claims for damage to property, or injury
to, or death of persons arising out of or resulting from the issuance of the
permit or the placement of the telecommunication facility, except to the extent
any damage or injury is due to the gross negligence or willful misconduct of
the City, its officers or employees.
(b) Obtain and file with the Clerk of the Council, and thereafter maintain during
the term of any such permit, certificates evidencing comprehensive general
liability insurance policy or policies, approved as to form by the city attorney,
issued by an insurance company or companies authorized to do business in
the State of California. The City of Santa Ana, its officers and employees shall
be named as additional insureds on said policy or policies. The policy limits of
said insurance policy or policies shall be not less than one million dollars
($1,000,000.00) combined single limit for both bodily injury and property
damage, or equivalent.
Said policy or policies shall also contain a provision that no termination,
cancellation, or change of coverage of insured or additional insured shall be
effective until after twenty (20) days' notice thereof has been given in writing
to the Clerk of the Council.
Sec. 33-250. Coordination with other Projects
To the maximum extent possible and as permitted by law, an Applicant shall design and
schedule its Work so as to coordinate its Work with other persons installing,
constructing, or maintaining Facilities in the public right of way and with the City.
Sec. 33-251. Installation in Streets Subject to Future Improvement
Except in an Emergency or in the case of new service connections to a newly
constructed or substantially remodeled building, a Telecommunication Facility shall not
be installed in areas proposed for future street improvements pursuant to the City's
adopted five year capital improvement plan.
Sec. 33-252. Protection of Urban Forest
The permittee may be requested to retain, at its own cost, a certified arborist to advise
the permittee's contractor doing underground work in the public right of way as to
appropriate locations for underground vaults, conduits and other equipment and root
pruning techniques, if needed, so as to ensure minimal impact to existing trees and
other landscaping materials that are a part of the City's urban forest. The permittee's
arborist shall coordinate their work with the City's Community Forester.
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Sec. 33-253. Permit Non-Compliance; No Waivers
No permittee shall be excused from complying with any of the provisions of this
article by any failure of the City on any one or more occasions to seek, or insist
upon, compliance with any requirements or provisions of this Code. Regardless of
the City's failure to seek compliance on any occasions, such action shall not be
considered a waiver of any requirements of this Code.
Sec. 33-254. Future Changes in the Law
The City's rights under this Article are coextensive with the City's rights under state law
with regard to the use of the public right of way by telecommunication corporations (as
defined by the Public Utilities Code). If future changes to state or federal law authorize
the City to regulate the Utility and its activities within the City and the public rights of
way to a greater degree than is now authorized by this article, nothing in this Article
will be deemed to limit, restrict in any way, or to modify the City's exercise of that
regulatory authority.
Section 3. Any provision of the Code that is inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no further, is hereby
repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of , 2011
Miguel A. Pulido
Mayor
11A-15
lss2/25/11
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11A-16