Laguna Niguel City Council
July 19, 2022

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: July 19, 2022
SUBJECT: Introduction of Ordinance No. 2022-218, Amending Title 7, Highways, Rights-of-Way, and Vehicles, of the Laguna Niguel Municipal Code.

RECOMMENDATION
Staff recommends that the City Council:

1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022- 218 by title:

ORDINANCE NO. 2022-218

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL AMENDING TITLE 7 OF THE LAGUNA NIGUEL MUNICIPAL

CODE, ESTABLISHING REGULATIONS FOR COMMUNICATION

FACILITIES IN THE PUBLIC RIGHTS-OF-WAY, AND FINDING THIS

ORDINANCE TO BE EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

2. Direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the August 2, 2022 City Council Meeting and adopt the Ordinance at that meeting;

3. Adopt Resolution No. 2022-1403, Adopting a Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-of-Way; and,

4. Adopt Resolution No. 2022-1404, Establishing and Adopting Fees and Charges for Communication Facilities in the Public Rights-of-Way.

BACKGROUND
On March 1, 2022, the City Council adopted the most recent update to the Laguna Niguel 2050 Strategic Plan. The update identified goals for Economic and Community

Development including refining regulations for communication facilities to bring pertinent sections of the Laguna Niguel Municipal Code (LNMC) into compliance with state and federal laws. The proposed ordinance and resolutions address such matters as related to communication facilities within the public rights-of-way.

Local authority over communication facilities is limited by the Federal Telecommunications Act of 1996, which imposes substantive and procedural limitations on the traditional zoning authority of local governments. At the State level, the California Public Utilities Commission (CPUC) regulates the communications industry, also granting rights under the Public Utilities Code and Government Code. Under State law, telephone corporations have a statewide franchise to access the public rights-of-way, subject to health, safety, and local aesthetic regulations.

Previous City actions for communication facilities in the public rights-of-way include the 2008 adoption of regulations establishing an over-the-counter approval process subject to compliance with City design standards for streetlight-mounted facilities and execution of a "Communication Facilities Lease Agreement." In 2010, the City Council made a minor modification to the design standards to accommodate slightly larger antennas.

Subject to these provisions, 16 streetlight-mounted facilities have been constructed and are currently in operation in Laguna Niguel.

In 2019, a Report and Order was issued by the Federal Communications Commission (FCC), which further addresses the placement of communication facilities in the public rights-of-way. The Report and Order limits the ability of local agencies to regulate the use of their rights-of-way by expanding the legal standard as to whether a local regulation "effectively prohibits" the provision of telecommunications services or personal wireless services. The Report and Order also established new review periods (or "shot clocks") for a limited category of communication facility applications known as "small wireless facilities," which as their name would suggest are more limited in scope and function than traditional, larger facilities.

As proposed, the ordinance and resolutions presented for City Council consideration create a streamlined, over-the-counter review and approval process for location of these small wireless facilities within the City's public rights-of-way, thereby eliminating an existing gap in the City's regulatory framework and achieving consistency with applicable state and federal regulations.

ANALYSIS
State and federal regulations substantially limit the ability of local governments to regulate communication facilities, and also the associated timeframe for review and approval. Of specific note, local governments are preempted from regulating any such facilities on the basis of antenna emissions beyond verification that relevant federal standards are adhered to. However, local governments retain the ability to regulate the aesthetics of facilities, including location, compatibility with surrounding uses, spacing, and overall size of the facility, provided any such requirements are reasonable (i.e., technically feasible) and published in advance.

A brief summary of the proposed regulations for communication facilities (i.e., small wireless facilities) in the public rights-of-way is as follows:
• Ordinance No. 2022-218 (Attachment A). Amends LNMC Title 7 (Highways, Rights-of-Way, and Vehicle) establishing general regulations for communication facilities (i.e., small wireless facilities) in the public rights-of-way. • Resolution No. 2022-1403 (Attachment B). Establishes specific regulations for communication facilities (i.e., small wireless facilities) in the public rights-of-way through adoption of the "Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-of- Way." Pursuant to the Policy, communications facilities would be required to obtain a rights-of-way Communication Facilities Permit demonstrating compliance with applicable design standards. Standards of note call for facilities to maintain a minimum distance of 150 feet from any residential dwelling, exhibit a low-profile streetlight design, and limit facility locations to arterial roadways. To the extent necessary to avoid conflict with applicable state and federal laws, the Policy also includes an Administrative Variance process.

Approximately 90 percent of streetlight poles in the City's public rights-of-way are owned and operated by either San Diego Gas and Electric (SDG&E) or Southern California Edison (SCE). Any communication facilities proposed on such structures would also be required to obtain local utility approval. In addition to the rights-of-way Communication Facilities Permit, for the remaining 10% of streetlight poles owned and operated by the City, a form license agreement that provides the terms and conditions for use of City property would be required. • Resolution No. 2022-1404 (Attachment C). Establishes a fee for a rights-of-way Communication Facilities Permit of $1,600 to offset City costs related to application review and permit issuance. The fee reflects typical costs to process an application. Should the fee collected be inadequate for a particular project, additional funds will be required as necessary to fully cover City costs to process the application.

In addition to obtaining a Communication Facilities Permit as noted above, any proposed communication facilities in the public rights-of-way would also be required to obtain approval of a City Building Permit and Encroachment permit subject to the City's standard processes and fees.

ALTERNATIVES CONSIDERED
The City Council may decide not to amend Title 7 of the LNMC. Such action would fail to address current state and federal law requirements applicable to City regulation of communication facilities. Additionally, failure to address such requirements will leave the City vulnerable to lawsuits by its carriers, along with incurring costs associated with defending such lawsuits. The City Council may also decide to direct staff to return with a revised ordinance and/or resolution(s) to be presented at a future City Council meeting.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on the whole record before it, the City Council finds that Ordinance No. 2022-218 and Resolution No. 2022-1403 are exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines, covering activities with no possibility of having a significant effect on the environment. • The Ordinance and Resolution adopt local regulations in a manner that complies with federal regulations.

The Ordinance and Resolution do not directly or indirectly authorize or approve any actual changes in the physical environment. Permit applications for any communication facility would be subject to additional environmental review on a case-by-case basis.

In addition, the City of Laguna Niguel has determined that this Ordinance and Resolution are categorically exempt pursuant to Section 15301 of the CEQA Regulations applicable to minor alterations of existing governmental and/or utility-owned structures and/or Section 15303 applicable to new construction or conversion of small structures.

Concerning Resolution No. 2022-1404, the City Council finds that there is no possibility that the adoption of fees will have a significant effect on the environment. Accordingly, the proposed Resolution is not subject to the requirements of CEQA pursuant to Section 15273(a), Rates, Tolls, Fares, and Charges, of the CEQA Guidelines, which states that "CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits," or Sections 15061(b)(3) and 15378 of Division 6 of Title 14 of the California Code of Regulations.

FISCAL REVIEW
As proposed, all permit services or other activities rendered by the City in connection with Ordinance No. 2021-218 and Resolution Nos. 2022-1403 and 2022-1404 would be covered by fees charged to the application. Accordingly, staff anticipates no fiscal impact as a result of the adoption of Ordinance No. 2021-218 and Resolution Nos. 2022-1403 and 2022-1404.

LEGAL REVIEW
Ordinance No. 2022-218 and Resolution Nos. 2022-1403 and 2022-1404 were approved by the City Attorney's Office as to form.

CONCLUSION
Staff recommends that the City Council:

1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022- 218 by title:

ORDINANCE NO. 2022-218

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL AMENDING TITLE 7 OF THE LAGUNA NIGUEL MUNICIPAL

CODE, ESTABLISHING REGULATIONS FOR COMMUNICATION

FACILITIES IN THE PUBLIC RIGHTS-OF-WAY, AND FINDING THIS

ORDINANCE TO BE EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

2. Direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the August 2, 2022 City Council Meeting and adopt the Ordinance at that meeting;

3. Adopt Resolution No. 2022-1403, Adopting a Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-of-Way; and,

4. Adopt Resolution No. 2022-1404, Establishing and Adopting Fees and Charges for Communication Facilities in the Public Rights-of-Way.

Jamas Retornam Never I. Samis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
seballe do Fox Im
Jonathan Orduna John Morgan
Community Development Director Development Services Manager Amber Gregg
Contract Planner
Attachments:

A. Ordinance No. 2022-218, Laguna Niguel Municipal Code Amendment (Title 7) B. Resolution No. 2022-1403, Communication Facilities Policy C. Resolution No. 2022-1404, Communication Facility Permit Fees

ATTACHMENT A
Ordinance No. 2022-218, Laguna Niguel Municipal Code
Amendment (Title 7)
ORDINANCE NO. 2022-218
ORDINANCE OF THE CITY OF LAGUNA NIGUEL AMENDING TITLE 7

OF THE LAGUNA NIGUEL MUNICIPAL CODE, ESTABLISHING

REGULATIONS FOR COMMUNICATION FACILITIES WITHIN THE

PUBLIC RIGHTS-OF-WAY, AND FINDING THIS ORDINANCE TO BE

EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
The City Council of the City of Laguna Niguel does hereby ordain as follows:

SECTION 1. Findings:
(a) On September 26, 2018, the Federal Communications Commission ("FCC) adopted its Declaratory Ruling and Third Report and Order ("Report and Order") relating "
to the placement of a category of communication facilities called "small wireless facilities.

The Report and Order went into effect on January 14, 2019. (b) The Report and Order purports to limit local authority over providers of personal wireless services or telecommunications services that utilize public rights of way and public infrastructure, including infrastructure of the City of Laguna Niguel, to install "small wireless facilities". The Report and Order further limits local fees for use of public rights-of-way and public infrastructure to cost-based non-recurring and recurring fees.

The ability of local agencies to regulate use of their rights-of-way is substantially limited under the Report and Order.
(C) Notwithstanding the limitations imposed by the Report and Order, following the Ninth Circuit's decision in City of Portland v. United States, local agencies retain the ability to regulate the aesthetics of facilities, including location, compatibility with surrounding facilities, spacing, and overall size of the facility, provided the aesthetic requirements are reasonable (i.e., technically feasible) and published in advance. (d) It is the intent of the City Council in adopting this Ordinance to amend regulations of the City that conflict with the Report and Order, consistent with State and federal decisional law, and to establish consistent regulations governing deployment of communication facilities in order to more fully protect the public health, safety, and welfare. The City Council declares that it adopts this Ordinance with the understanding that the City expressly reserves all rights to re-enact and/or establish new regulations consistent with State and federal law as it existed prior to adoption of the Report and Order in the event the Report and Order is invalidated, modified, or limited in any way. (e) On July 19, 2022, the City Council conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance.

SECTION 2. The City Council hereby amends Division 1 (General Provisions) of Title 7 (Highways, Rights-of- Way, and Vehicle) of the Laguna Niguel Municipal Code by -1-
2689119v1
adding a new Article 8 (Citywide Regulation of Communication Facilities) to read as follows:
"ARTICLE 8 - REGULATION OF COMMUNICATION FACILITIES IN THE

PUBLIC RIGHTS-OF-WAY
Sec. 7-1-140 - Compliance with the City Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-Of-Way.

Notwithstanding any provision of the Laguna Niguel Municipal Code to the contrary, all communication facilities that qualify as "small wireless facilities" under 47 C.F.R. § 1.6002(I), as may be amended or superseded, that are proposed to be located within the City, including any public rights of way, are subject to the requirements of the "Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-Of-Way", as adopted by City Council resolution and amended from time to time, and all such communication facilities must comply with that Policy.

Sec. 7-1-141 - Violations. Failure to comply with the Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-Of-Way constitutes a violation of this Article and this Code. Any violation shall be and hereby is declared a public nuisance and may be subject to summary abatement and citations as set forth the Laguna Niguel Municipal Code, remedies provided under California Code of Civil Procedure Section 731, California Government Code Section 38773, and/or any other remedy available to the City.

Sec. 7-1-142 - Conflicting provisions superseded. The provisions of this Article shall govern and supersede any conflicting provisions of the Laguna Niguel Municipal Code with respect to the permitting and regulation of such communication facilities within the City, including communication facilities in the public rights of way.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City of Laguna Niguel has determined that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines, covering activities with no possibility of having a significant effect on the environment. This Ordinance adopts local regulations in a manner that complies with federal regulations. This Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment. Permit applications for any communication facility would be subject to additional environmental review on a case-by- case basis. In addition, the City of Laguna Niguel has determined that this Ordinance is categorically exempt pursuant to Section 15301 of the CEQA Regulations applicable to minor alterations of existing governmental and/or utility-owned structures. -2-
2689119v1
SECTION 4. The City Council finds and declares that it is adopting this Ordinance in order to more fully protect and preserve the public health and safety with respect to City rights-of-way in light of the adoption of the Report and Order. Notice is hereby given to any and all persons or entities obtaining a permit pursuant to the Laguna Niguel Municipal Code as amended herein, that the City expressly reserves any and all rights it possessed prior to the adoption of the Report and Order concerning its authority to regulate its public rights-of-way. In the event the Report and Order is invalidated, modified, or limited in any way, the City Council reserves the right, subject to applicable laws and reasonable notice and due process, to modify the terms and conditions applicable to any permit issued hereunder including, but not limited to, the term, fees charged, and scope of any future wireless deployments within the City's rights-of-way.

SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of the Article adopted by this Ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the Article. The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

SECTION 6. CITY CLERK CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this _day of _ 2022.

Elaine Gennawey, Mayor
ATTEST:

Marissa Asistin, City Clerk
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2689119v1

ATTACHMENT B
Resolution No. 2022-1403, Communication Facilities Policy RESOLUTION NO. 2022-1403

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA NIGUEL, CALIFORNIA ADOPTING A POLICY

REGARDING PERMITTING REQUIREMENTS AND

DEVELOPMENT STANDARDS FOR COMMUNICATION

FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, on September 26, 2018, the Federal Communications Commission ("FCC"') adopted its Declaratory Ruling and Third Report and Order ("Report and Order") relating to placement of a category of communication facilities called "small wireless facilities" in the City, including public rights-of-way; and WHEREAS, the Report and Order purports to limit local authority over providers of personal wireless services or telecommunications services that utilize public rights-of- way and public infrastructure, including infrastructure of the City of Laguna Niguel, to install "small wireless facilities." The Report and Order further limits local fees for use of public rights-of-way and public infrastructure to cost-based non-recurring and recurring fees. The ability of local agencies to regulate use of their rights-of-way is substantially limited under the Report and Order; and
WHEREAS, notwithstanding the limitations imposed on local regulation of small wireless facilities in public rights-of-way by the Report and Order, following the Ninth Circuit Court of Appeals decision in City of Portland v. United States, local agencies retain the ability to regulate the aesthetics of facilities, including location, compatibility with surrounding facilities, spacing, and overall size of the facility, provided the aesthetic requirements are reasonable (i.e., technically feasible) and published in advance; and WHEREAS, the City previously adopted Resolution No. 2008-939 and Resolution No. 2010-1011 that provided development standards and a form lease agreement for wireless telecommunication facilities in the public right-of-way, and the City now seeks to update them for compliance with the recent changes in law; WHEREAS, pursuant to the authority retained by the City under California state law and applicable federal law, the City Council has amended the Laguna Niguel Municipal Code to require all communication facilities that qualify as small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(I), as may be amended or superseded, to comply with the requirements of a policy adopted by resolution of the City Council entitled "Policy Regarding Permitting Requirements And Development Standards For Communication Facilities Within The Public Rights-Of-Way".

WHEREAS, on July 19, 2022, the City Council conducted and concluded a duly noticed public hearing concerning the adoption of this Resolution. 2689095
NOW THEREFORE, the City Council of the City of Laguna Niguel hereby resolves as follows:

SECTION 1. FINDINGS. The City Council finds each of the facts in the preceding recitals to be true and correct.

SECTION 2. PRIOR RESOLUTIONS. In the event of any conflict between the provisions of City Council Resolution Nos. 2008-939 and 2010-1011, and the provisions of the Policy adopted in Section 3, below, the Policy adopted in Section 3, below, shall govern. Notwithstanding the foregoing, any existing agreement or approval authorized in accordance with Resolution No. 2008-939 or Resolution No. 2010-1011 shall remain in full force and effect subject to the terms of the applicable agreement or approval.

SECTION 3. POLICY ADOPTED. The City Council of Laguna Niguel hereby adopts the "Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-Of-Way" set forth in Exhibit "A" to this Resolution, and which is incorporated by reference herein.

SECTION 4. MUNICIPAL FACILITY LICENSE AGREEMENT FORM ADOPTED.

The City Council of Laguna Niguel hereby adopts the Municipal Facility License Agreement form set forth in Exhibit "B" to this Resolution, and which is incorporated by reference herein. The City Council further authorizes the City Manager and the City Attorney to (i) negotiate and execute such licenses for the installation of communication facilities on City-owned municipal facilities in the public rights-of-way and (ii) make changes to the form license that do not substantially alter the rights and duties of the parties to the license and make other non-substantive changes that, in the judgment of the City Manager and City Attorney, are in the best interests of the City.

SECTION 5. CONFLICTING PROVISIONS SUPERSEDED. The provisions of this Resolution shall govern and supersede any conflicting resolutions with respect to the regulation or leasing and licensing of communication facilities in the public rights-of-way.

SECTION 6. CEQA. The City of Laguna Niguel has determined that the adoption of this Resolution is exempt from review under the California Environmental Quality Act ('CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to CEQA Guidelines Section 15061(b)(3) covering activities with , no possibility of having a significant effect on the environment. This Resolution adopts local regulations in a manner that complies with federal regulations. This Resolution does not directly or indirectly authorize or approve any actual changes in the physical environment. Permit for any communication facility would be subject to additional environmental review on a case-by- case basis. In addition, the City of Laguna Niguel has determined that this Resolution is categorically exempt pursuant CEQA Guidelines Section 15301 applicable to minor alterations of existing governmental and/or utility-owned structures and/or Section 15303 applicable to new construction or conversion of small structures. 2689095
effective onTo a tie date of rinan No. 022-218 shall become operative and SECTION 8. CITY CLERK CERTIFICATION. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this _ _day of _ 2022:

Elaine Gennawey, Mayor
ATTEST:

Marissa Asistin, City Clerk
2689095

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE )SS

LAGUNA NIGUEL )
1, Marissa Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Resolution No. 2022-1403 which was adopted at a regular meeting of the City Council of the City of Laguna Niguel, California, held on July 19, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Marissa Asistin, City Clerk
2689095

EXHIBIT A

CITY OF LAGUNA NIGUEL

POLICY REGARDING PERMITTING REQUIREMENTS AND

DEVELOPMENT STANDARDS FOR COMMUNICATION FACILITIES WITHIN THE

PUBLIC RIGHTS-OF-WAY
Table of Contents Page No.

Section:

1. GENERAL PROVISIONS 1

1.1. Purpose and Intent 1

1.2 Definitions 3
2 COMMUNICATION FACILITIES 6

2.1 Applicability; Required Permits and Approvals 6

2.2 Communication Facility Permit Application Requirements 7

2.3 Communication Facility Permit Application Submittal and 11 Completeness Review

2.4 Approvals and Denials 14

2.5 Standard Conditions of Approval 15

2.6 Location Requirements 22

2.7 Design Standards 24

2.8 Administrative Variance 31

2.9 Pre-Approved Designs 32
3 VIOLATIONS 33
SECTION 1. GENERAL PROVISIONS
SECTION 1.1. PURPOSE AND INTENT
On September 27, 2018, the Federal Communications Commission ("FCC") adopted its Declaratory Ruling and Third Report and Order, FCC 18-133 (the 1 2690162
"Report and Order"), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. The regulations adopted in the Report and Order significantly curtail local authority over wireless and wireline communication facilities reserved to State and local governments under sections 253 and 704 in the federal Telecommunications Act. Notwithstanding the limitations imposed on local regulation of communication facilities in public rights-of-way by the Report and Order, following the Ninth Circuit Court of Appeals decision in City of Portland v.

United States, local agencies retain the ability to regulate the aesthetics of communication facilities, including location, compatibility with surrounding facilities, spacing, and overall size of the facility, provided the aesthetic requirements are reasonable (i.e. technically feasible) and published in advance.

Although the provisions of the Report and Order may be further modified by judicial decisions, the City recognizes the practical reality that failure to comply with those portions of the Report and Order that remain in effect will likely result in greater harm to the City's interests than if the City ignores the FCC's ruling.

Accordingly, the City Council adopts this Policy ("Policy") as a means to accomplish such compliance that can be quickly amended or repealed in the future without the need to amend the City's Municipal Code. (b) The City of Laguna Niguel intends this Policy to establish reasonable, uniform and comprehensive standards and procedures for communication facilities that qualify as small wireless facilities, including deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's rights- of-way, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this Policy are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits from advanced wireless services with local values, which include without limitation the aesthetic character of the City. This Policy is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interests is maintained; (2) protecting the City's visual character from potential adverse impacts and/or visual blight created or exacerbated by communication facilities and related communications infrastructure; (3) protecting and preserving the City's environmental resources; (4) protecting and preserving the City's public rights-of-way and municipal infrastructure located within the City's public rights-of-way; and (5) promoting access to high-quality, advanced wireless services for the City's residents, businesses and visitors.
(c) This Policy is intended to establish clear procedures for application intake and completeness review. The City Council finds that chronically incomplete applications significantly contribute to unreasonable delay and create barriers to infrastructure deployment. Chronically incomplete applications unfairly prejudice other applicants who may be prepared to submit complete applications for 2 2690162
infrastructure in the same or substantially the same location. Chronically incomplete applications also unfairly prejudice the City's ability to act on such applications within the "presumptively reasonable" timeframes established by the FCC. The provisions in this Policy afford applicants and City staff opportunities for direct, real-time communication about completeness issues to mitigate incomplete applications prior to submittal. The provisions in this Policy also encourage applicants to timely respond to incomplete notices.
(d) This Policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law.
(e) The City may update this Policy periodically to account for amendments to the policies or changes in State and federal laws. This Policy document contains procedures, requirements, formats, and methodologies that apply to a vast majority of projects; however, there may be unique circumstances where the Community Development Director may use their discretion to deviate from this Policy if necessary to comply with State or federal law. Additionally, this Policy is not intended to be exhaustive and therefore the City reserves the right to request additional project specific information in its evaluation that may not be identified or described in this Policy. The Community Development Director may also adopt Policymental policies and procedures to further implement the provisions of this SECTION 1.2. DEFINITIONS
(a) Undefined Terms. Undefined phrases, terms or words in this Policy will have their ordinary meanings, unless otherwise defined in 47 C.F.R. Section 1.6002, or herein. If any definition assigned to any phrase, term or word in this Section 1.2 conflicts with any federal or state-mandated definition, the federal or state- mandated definition will control.
3 2690162
(b) Defined Terms.
(1) "Accessory equipment" means the same as "antenna equipment" as defined by FCC in 47 C.F.R. § 1.6002(c), as may be amended or superseded, including equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. (2) "Amateur station" means the same as defined by the FCC in 47 C.F.R. § 97.3, which defines the term as "a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications." This term includes amateur radio antennas and related facilities used for amateur radio services.
(3) "Antenna" means the same as defined by the FCC in 47 C.F.R. §

1.6002(b), as may be amended or superseded, including an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services.
(4) "Approval authority" means the City official(s) or designee responsible for reviewing applications for communication facility permits and vested with the authority to approve, conditionally approve or deny such applications as provided in this Policy.
(5) "Collocation" means the same as defined by the FCC in 47 C.F.R. §

1.6002(g), as may be amended or superseded, including mounting or installing an antenna facility on a pre-existing structure; and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
(6) "Communication facility" means the same as "small wireless facilities" as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded.
(7) "Concealed" or "concealment" means stealth and camouflaging techniques that integrate the transmission equipment into the underlying support structure and/or the surrounding natural and/or built environment such that the equipment would look like something other than a wireless facility.
(8) "CPUC" means the California Public Utilities Commission. 4 2690162
(9) "Decorative pole" means any pole that includes decorative or ornamental features and/or materials intended to enhance the appearance of the pole. Decorative or ornamental features include, but are not limited to, fluted poles, ornate luminaires and artistic embellishments. Cobra head luminaires and octagonal shafts made of concrete or crushed stone composite material are not considered decorative or ornamental.
(10) "FCC" means the Federal Communications Commission or its duly appointed successor agency.
(11) "FCC Shot Clock" means the presumptively reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended or superseded. (12) "Ministerial permit" means any City-issued non-discretionary permit required to commence or complete any construction or other activity subject to the City's jurisdiction. Ministerial permits may include, without limitation, any building permit, construction permit, electrical permit, encroachment permit, excavation permit, traffic control permit and/or any similar over-the-counter approval issued by the City's departments.
(13) "OTARD" means any "over-the-air reception device" subject to 47 C.F.R. §§ 1.4000 et seq., which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.
(14) "Personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, including commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
(15) "Personal wireless service facilities" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded, including facilities for the provision of personal wireless services. (16) "Public right-of-way" means any land which has been reserved for or dedicated to the City for the use of the general public for public road purposes, including streets, sidewalks and unpaved areas. (17) "RF" means radio frequency or electromagnetic waves. 5 2690162
(18) "SCJPC" means the Southern California Joint Pole Committee. (19) "Section 6409" means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded. (20) "Small wireless facility" or "small wireless facilities" means the same as defined by the FCC in 47 C.F.R. § 1.6002(1), as may be amended or superseded.
(21) "Utility provider" means a CPUC approved provider of electrical power, natural gas, or other public utility. Southern California Edison and Southern California Gas Company are utility providers. (22) "Wireless facilit(ies)" means wireless facility as defined in California Government Code Section 65850.6(d)(2).

SECTION 2. COMMUNICATION FACILITIES
SECTION 2.1. APPLICABILITY; REQUIRED PERMITS AND APPROVALS (a) Applicable Facilities. Except as expressly provided herein, the provisions of this Policy are applicable to all existing communication facilities that qualify as small wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy communication facilities within the City's public rights-of-way. (b) Required Permit. A communication facility permit, subject to the approval authority's prior review and approval, is required for any applicable communication facility in the public rights-of-way.
(c) Request for Approval Pursuant to Section 6409. Requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (H.R. 3630, P.L. 112-96) are not subject to this Policy, but shall be reviewed in accordance with Section 6409. (d) Other Permits and Approvals. In addition to a communication facility permit, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any ministerial permits and/or other approvals issued by other City departments or divisions, approval by the electrical utility provider for utility pole attachments : in compliance with SCJPC pole attachment rules. All applications for ministerial permits submitted in connection with a proposed communication facility must contain a valid communication facility permit issued 6 2690162
by the City for the proposed facility. Any application for any ministerial permits) submitted without such communication facility permit may be denied without prejudice. Furthermore, any communication tacility permit granted under this Policy shall remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals.
(e) Exemptions. Notwithstanding anything in this Policy to the contrary, this Policy shall not be applicable to the following:
(1) any wireless facility operated by the City for public purposes; (2) any wireless facility installed completely indoors and used to extend personal wireless services into a business or subscriber's private residence, such as a femto cell or indoor distributed antenna system; (3) OTARD antennas;
(4) antennas and related transmission equipment used in connection with a duly authorized amateur station; or
(5) any wireless facility or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D.
(6) any other wireless facility where any regulation by the City is entirely preempted by State or federal law.
(f) Administrative Orders and Regulations. In addition to the requirements of this Policy, the City Council authorizes the approval authority to adopt such orders or regulations as the approval authority deems necessary or appropriate to protect and maintain public health, safety, welfare and convenience. All communication facilities must conform to all applicable orders and regulations issued by the approval authority, unless the approval authority, in its discretion, grants a prior written waiver to deviate, in whole or in part, any such order or regulation. Waivers by the approval authority shall be considered approved or denied on a competitively neutral and nondiscriminatory basis. The approval authority shall develop and publish guidelines to implement any waivers authorized by this section.

SECTION 2.2. COMMUNICATION FACILITY PERMIT APPLICATION

REQUIREMENTS
(a) Application Contents. All applications for a communication facility permit must, at a minimum, include all the information and materials required in this subsection (a).
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(1) Application Form. The applicant shall submit a complete, duly executed communication facility permit application using the then-current City form which must include the information described in this subsection (a).

Unless agreed to in advance in writing by the City, any and all applications and submittals must be addressed to the approval authority. (2) Application Fee. The applicant shall submit the applicable communication facility permit application fee (non-recurring) as established by City Council resolution. Batched applications must include the applicable communication facility permit application fee for each communication facility in the batch.

The permit application fee is based on a typical application review of a facility. Should an application review take longer than typical due to unforeseen complexities, and the fee be inadequate for capturing the costs related to application review, the original fee shall be treated as a deposit and additional deposits shall be required until the cost of processing the application is recovered. If no permit application fee has been adopted, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the City to reimburse the City for its reasonable costs incurred in connection with the application within 10 business days after the City issues a written demand for reimbursement. Should the deposit be inadequate an additional deposit shall be required. If the deposit exceeds the actual costs, the difference will be returned to the applicant. (3) Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project and project site, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features.

The construction drawings must: (i) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (ii) identify all structures within 250 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's plan for electric and data backhaul utilities, either as approved by the applicable utility provider or in a preliminary form if an approved plan is not yet available, which shall include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, CPUC regulations and orders including, but not limited 8 2690162
to, CPUC General Order 95 and 128, and the SCJPC pole attachment rules.
(4) Site Plan. The applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer or land surveyor.

The survey must identify and depict all existing boundaries, encroachments, buildings, walls, fences and other structures within 75 feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (i) all private properties and property lines; (iii) above and below-grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vi) benches, trash cans, mailboxes, kiosks and other street furniture; and (vili) existing trees, planters and other landscaping features. (5) Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed communication facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. At least one simulation must depict the communication facility from a vantage point approximately 50 feet from the proposed support structure or location. (6) Project Narrative and Justification. The applicant shall submit a written statement that explains in plain factual detail why the proposed communication facility qualifies as a "small wireless facility" as defined by the FCC in 47 C.F.R. § 1.6002(I). A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met. Bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include (i) whether and why the proposed support is a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why the proposed communication facility meets each required finding as provided in Section 2.4 of this Policy.
(7) RF Compliance Report. The applicant shall submit an RF exposure compliance report that certifies that the proposed communication facility, as well as any collocated communication facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer. The RF report must include the actual frequency and power levels (in watts effective radiated power) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas 9 2690162
with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. (8) Regulatory Authorization. The applicant shall submit evidence of the applicant's regulatory status under federal and California law. As an illustration and not as a limitation, such evidence may include the applicant's certificate of public convenience and necessity ("PCN") or wireless identification registration ("WIR"). To the extent that the applicant has received an environmental approval prior to submitting the application, the applicant shall submit the approved mitigated negative declaration, or other, formal environmental approval, to provide the services and construct the communication facility proposed in the application.
(9) Municipal Facility License Agreement. When the installation is proposed on a City-owned structure, the City requires the applicant to enter into the City-adopted form of municipal facility license agreement for the rights to use the subject structure. In such cases, the City may require and the applicant shall submit a partially-executed license agreement on a form prepared by the City that states the terms and conditions for such use by the applicant. No changes shall be permitted to the City's form license agreement except as may be approved by the City. Any unpermitted changes to the City's form license agreement shall be deemed a basis to deem the application incomplete. Refusal to accept the terms and conditions in the City's license agreement shall be an independently sufficient basis to deny the application. The City may, but is not required to, enter into a master agreement upon an applicant's request, when multiple facilities are proposed.
(10) Property Owner's Authorization. The applicant must submit a written authorization signed by the non-City property owner that authorizes the applicant to submit a permit application in connection with the subject property and, if the communication facility is proposed on a utility provider- owned support structure, including support structures owned by the electrical utility, submit a written final utility design authorization from the utility. If required by the SCJPC for a pole attachment, the applicant must provide sufficient information to the electrical utility to permit it to file a Notice of Intention to Place Wireless Antenna.
(11) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by an engineer licensed by the State of California for the proposed communication facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City's noise regulations. The acoustic analysis must also include an analysis of the manufacturers' specifications for all noise- 10 2690162
emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer(s) that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits.
(12) Justification for Non-Preferred Location or Structure. If a facility is proposed anywhere other than the most preferred location or the most preferred structure as described in Section 2.6, the applicant shall demonstrate with clear and convincing written evidence all of the following:
(A) A clearly defined technical service objective and a map showing areas that meets that objective; and
(B) A technical analysis that includes the factual reasons why a more preferred location(s) and/or more preferred structure(s) is not technically feasible.

Bare conclusions that are not factually supported do not constitute clear and convincing written evidence. To the extent that the applicant seeks an administrative variance pursuant to Section 2.8, the applicant shall also demonstrate that the application meets the required findings for an administrative variance.
(b) Additional Requirements. The City Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed under this Policy. All such requirements and materials must be in written form and be published in writing and/or on the City's website to provide all interested parties with prior notice.

SECTION 2.3. COMMUNICATION FACILITY PERMIT APPLICATION

SUBMITTAL AND COMPLETENESS REVIEW
(a) Requirements for a Duly Filed Application. Any application for a communication facility permit will not be considered duly filed unless submitted in accordance with the requirements in this subsection (a). (1) Submittal Appointment. Unless the City establishes an alternative submittal procedure pursuant to Section 2.3(c), all applications must be submitted to the City at a pre-scheduled appointment with the approval authority. Potential applicants may generally submit either one application or up to five separate applications together as a batched application per appointment. Potential applicants may schedule successive appointment:
for multiple applications whenever feasible and not prejudicial to othe applicants for any other development project. The approval authority shall use reasonable efforts to offer an appointment within five working days after 11 2690162
the approval authority receives a written request from a potential applicant.

Any purported application received without an appointment, whether delivered in-person, by mail or through any other means, shall not be considered duly filed, whether the City retains, returns or destroys the materials received.
(2) Pre-Submittal Conferences. The City encourages, but does not require, potential applicants to schedule and attend a pre-submittal conference with the approval authority for all proposed projects that involve communication facilities. A voluntary pre-submittal conference is intended to streamline the review process through informal discussion between the potential applicant and staff that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. (b) Applications Deemed Withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this Policy will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the approval authority within sixty (60) calendar days after the approval authority deems the application incomplete in a written notice to the applicant. As used in this subsection (b), a "substantive response" means a response that includes the materials identified as incomplete or missing, in the approval authority's notice. The approval authority, in the approval authority's discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 60th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.
(c) Additional Procedures. The City Council authorizes the approval authority to establish other reasonable rules and regulations for duly filed applications, which may include without limitation regular hours for appointments with applicants, as the approval authority deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. (d) Federal Shot Clocks. Applications shall be processed in compliance with the following federally established timelines:
(1) Subject to tolling provisions in this subsection "d", the City shall have sixty (60) days from the date of receipt of an application for a small wireless facility permit to collocate one or more small wireless facilities on a 12 2690162
structure, within which to act on the application. The foregoing period shall be ninety (90) days for applications to install one or more small wireless facilities involving no collocation, or where small wireless facilities identified in the application will be both collocated and not collocated. (2) Unless otherwise agreed upon in writing by the applicant and City, for an initial application to install one or more small wireless facilities, if the City notifies the applicant on or before the 10th day after submission that the application is materially incomplete, and identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the time for the City to act on the application is tolled, and the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the City to render the application complete. (3) For any resubmitted application following the City's notice of deficiency, the time for the City to act on the application shall be tolled for the number of days from:
(A) The day after the date when the City notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and identifies the missing documents or information that need to be submitted based on the City's original request under subsection "(d)(2)", above, until;
(B) The date when the applicant submits all the documents and information identified by the City to render the application complete, provided the notice pursuant to subsection "(d)(3)(A)", above is served on or before the 10th day after the date when the applicant makes a supplemental submission in response to the City's request under subsection "(d)(2)", above.
(4) The "shot clock date" or starting date for a small wireless facility application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified in this subsection "d", provided, that if the date calculated in this manner is a local, State, or federal holiday within the City or State ("legal holiday"), the shot clock date is the next business day after such date. The term "business day" means any week day that is not a legal holiday of the City or State.
(5) Timelines for processing applications for installation on any utility owned pole, including poles owned by the electrical utility, shall be governed by applicable FCC, CPUC, and/or SCJPC rules.
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SECTION 2.4. APPROVALS AND DENIALS
(a) Review by Approval Authority. The approval authority shall review a complete and properly filed application for a communication facility and may act on such application without prior notice or a public hearing.
(b) Required Findings. The approval authority may approve or conditionally approve a complete and duly filed application for a communication facility permit when the approval authority finds:
(1) The proposed project meets the definition for a "small wireless facility" as defined by the FCC;
(2) The proposed facility would be in the most preferred location and on the most preferred support structure; or the proposed facility is in a less preferred location or on a less preferred support structure and the applicant has demonstrated through a meaningful comparative analysis that no more preferred location or support structure would be technically feasible and potentially available;
(3) The proposed facility complies with all applicable design and location standards in this Policy, the Laguna Niguel Municipal Code and any other applicable regulations;
(4) The applicant has shown that it can obtain any wireline communications and electrical service connections necessary to operate the communication facility and the project plans show the proposed route for all such connections between their source and the communication facility; (5) The applicant has demonstrated that the proposed project will be in compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions.
(c) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws and judicial decisions, nothing in this Policy is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any communication facility permit application as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, the Code, and/or this Policy.
(d) Decision Notices. Within five calendar days after the approval authority acts on a communication facility permit application or before the applicable FCC Shot Clock expires (whichever occurs first), the approval authority shall notify the applicant by written notice. If the approval authority denies the application (with or without prejudice), the written notice must contain the reasons for the decision. 14 2690162
(e) Appeals. Notwithstanding any provision in the Laguna Niguel Municipal Code to the contrary, any decision by the approval authority shall be final and not subject to any administrative appeals.

SECTION 2.5. STANDARD CONDITIONS OF APPROVAL
(a) General Conditions. In addition to all other conditions adopted by the approval authority, permits issued under this Policy shall be automatically subject to the conditions in this subsection (a).
(1) Permit Term. Unless otherwise provided in a written agreement, the permit will automatically expire ten (10) years and one day from its issuance unless California Government Code § 65964(b) or other state or federal law authorizes the City to establish a shorter term for public safety or other reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this communication facility, which includes without limitation any permits or other approvals deemed- granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.
(2) Permit Renewal. Within one (1) year before the expiration date of the permit, the permittee may submit an application and fee for permit renewal.

To be eligible for renewal, the permittee must demonstrate that the subject communication facility is in compliance with all the conditions of approval associated with this permit and all applicable provisions in the Laguna Niguel Municipal Code and this Policy that exist at the time the decision whether to renew the permit is rendered. The approval authority shall have discretion to modify or amend the conditions of approval for permit renewal on a case-by-case basis as may be necessary or appropriate to ensure compliance with this Policy. Upon renewal, this permit will automatically expire ten (10) years and one day from its issuance.
(3) Post-Installation Certification. Within sixty (60) calendar days after the permittee commences full, unattended operations of a communication facility approved or deemed-approved, the permittee shall provide the approval authority with documentation reasonably acceptable to the approval authority that the communication facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, and site photographs.
(4) Build-Out Period. Each communication facility permit will automatically expire one (1) year from the approval date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved communication facility, which includes without limitation any 15 2690162
construction or other permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the communication facility or its use. If this build-out period expires, the City will not extend the build-out period, but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.
(5) Site Maintenance. 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 construction drawings and all conditions of the communication facility permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee shall be subject to the provisions of Laguna Niguel Municipal Code Title 11, Division 8, Article 6 to remove or remediate any graffiti or other vandalism at the site. (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 communication facility or any use or activities in connection with the use authorized by the communication facility 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. No failure or omission by the City to timely notice, prompt or enforce compliance with any applicable provision in the Laguna Niguel Municipal Code, this Policy, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Laguna Niguel Municipal Code, this Policy, any permit, any 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 unreasonable, 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 on or about 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 work hours authorized by the Laguna Niguel Municipal Code.

The restricted work hours in this condition will not prohibit any work required to prevent any actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal 16 2690162
government agency or official with authority to declare a state of emergency within the City. The approval authority may issue a stop work order for any activities that violate this condition in whole or in part. (8) Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the permitted improvements and equipment. City's officers, officials, staff, agents, contractors or other designees 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. The permittee expressly waives any claims and releases the City in advance from any and all liabilities for such actions taken by the City as authorized herein. The permittee, if present, may observe the City's officers, officials, staff, contractors or other designees while any such inspection or emergency action occurs.
(9) Permittee's Contact Information. Within ten (10) days from the final approval, the permittee shall furnish the City with accurate and up-to-date contact information for a person responsible for the communication facility, which includes without limitation such person's full name, title, direct telephone number, 24/7 emergency telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and promptly provide the City with updated contact information if either the responsible person or such person's contact information changes.
(10) Indemnification and assumption of risk. To the maximum extent permitted by law, the permittee shall defend, indemnify and hold the City, and the a City Council and the City's boards, commissions, agents, contractors, officers, officials, employees and volunteers collectively, the "indemnitees"), harmless with respect to any and all (i) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, stop notices, demands, lawsuits, writs and other actions proceedings ("claims) brought against any of the indemnitees to challenge, attack, seek to modify, set aside, void or annul the City's approval of this permit, and (i) other claims of any kind or form, whether for personal or bodily injury, death or property damage, that arise from or in connection with the permittee's or its agents' directors', officers', employees', , contractors', ', subcontractors', ', licensees' or customers' acts or omissions in connection with this communication facility permit or the communication facility. In the event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee who shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the 17 2690162
City's defense, and the permittee shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this section are a material consideration that motivates the City to approve this communication facility permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this communication facility permit.

The permittee understands and agrees that by locating its communication facility in the public rights-of-way, there is a real risk that some or all its facility may be damaged or destroyed. By accepting the communication facility permit and locating its facility in the public right-of-way, the permittee nevertheless expressly and knowingly assumes all such potential risks, including all costs of repair and replacement, to the extent such damage or destruction is caused by the acts or omissions of any third party, or by City agents when acting pursuant to Section 2.5(a)(8), above. (11) Performance bond to remove communication facilities within public rights-of-way. Before the City issues any construction permits required to commence construction in connection with this permit, the permittee shall post a performance bond from a surety in a form acceptable to the approval authority in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in communication facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, • denies, yes, tors uniss tabi utilities, cabinets, mounts, brackets, footings and foundations, whether above ground or below ground, constructed or installed in connection with the communication facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws and substantially to their original condition. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the approval authority shall take into consideration any information provided by the permittee regarding the cost to remove the communication facility to a standard compliant with applicable laws. The permittee shall identify the surety or bond company and provide the draft or proposed performance bond for review upon the City's request. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject communication facility in accordance with this condition.
(12) Permit Revocation. The approval authority may recall this approval for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this approval after notice and 18 2690162
an opportunity to cure the violation is provided to the permittee. If the noncompliance thereafter continues, the approval authority may initiate permit revocation proceedings in accordance with Laguna Niguel Municipal Code section 9-1-113.9. Notwithstanding the preceding sentence, the City Council shall have the authority to make a final decision in the permit revocation proceeding in the first instance or on appeal. (13) Records retention requirements for all communication facilities within public rights-of-way. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the permitted communication facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicting provisions in the permittee's electronic copies, and complete originals will control over all other copies in any form.
(14) Abandoned Communication Facilities. A communication facility shall be deemed abandoned if not operated for any continuous six-month period.

Within 90 days after a communication facility is abandoned or deemed abandoned, the permittee shall completely remove the communication facility and all related improvements and shall restore all affected areas to their original condition to the satisfaction of the approval authority and compliant with all applicable laws, which includes without limitation the Laguna Niguel Municipal Code. In the event that the permittee does not comply with the removal and restoration obligations under this section within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee shall be liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. (15) Landscaping. To the satisfaction of the approval authority, the permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only workers under the supervision of a licensed arborist shall be used to install the replacement trees). Any replacement tree must be substantially the same size, and same species, 19 2690162
as the damaged tree unless otherwise approved in writing by the approval authority. The permittee shall, at all times, be responsible to maintain any replacement landscape features, and to maintain all plants, shrubs and trees in a healthy, thriving condition.
(16) Cost reimbursement applicable to communication facilities within public rights-of-way. The permittee acknowledges and agrees that (i) the permittee's request for authorization to construct, install and/or operate the communication facility will cause the City to incur costs and expenses; (i) the permittee shall be responsible to reimburse the City for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and monitoring, and any other recurring and non-recurring costs reasonably related to or caused by the request for authorization and the permit to construct, install and/or operate the communication facility; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse City for all such costs ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs; and (iv) the City shall have the right to withhold any permits or other approvals in connection with the communication facility until and unless any outstanding costs have been reimbursed to the City by the permittee. (17) Future undergrounding programs applicable to communication facilities within public rights-of-way. Notwithstanding any term remaining on any communication facility permit, if other utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the permittee's communication facility is located, the permittee must also underground its equipment, except the antennas and any approved electric meter or related electric- service equipment required by the utility provider to remain above ground, at approximately the same time, and in compliance with all applicable CPUC orders, rules, and regulations. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition; provided, however, that the approval authority may approve an alternative stealth/concealment plan for such equipment that complies with the City's then current design regulations. Communication facilities installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a utility provider's pole, or streetlight that complies with the City's standards and specifications. Such undergrounding shall occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the CPUC for undergrounding costs.
(18) Electric meter upgrade requirements applicable to communication facilities within public rights-of-way. If the communication facility 20 2690162
includes a separate or ground-mounted electric meter pedestal and the electrical utility adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and/or other ministerial permits) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.
(19) Rearrangement and relocation requirements applicable to communication facilities within public rights-of-way. The permittee acknowledges that the City, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the City (collectively, "City work"). The City reserves the right to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in this communication facility permit.

If the Public Works Director determines that any City work will require the permittee's communication facility located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's communication facility within a reasonable time after the Public Works Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's communication facility without prior notice to permittee when the Public Works Director determines that the City work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs is mailed to the permittee. (20) Underground Service Alert. The permittee shall maintain and keep current its membership in DigAlert throughout the term of any small cell permit granted under this Policy. Prior to any excavation performed in the streets, the permittee shall observe and perform all notice and other obligations required under applicable laws, which includes, without limitation, California Government Code § 4216, et seq., as may be amended or superseded. 21 2690162
(21) City's Standing Reserved. The City's grant or grant by operation of law of a permit pursuant to this Policy does not waive, and shall not be construed to waive, any standing by the City to challenge any (i) FCC rules or regulations that interpret the Telecommunications Act, the Spectrum Act or (i) any permit issued pursuant to this Policy.
(22) Successors and Assigns. The conditions, covenants, promises and terms contained in this permit will bind and inure to the benefit of the City and permittee and their respective successors and assigns.
(23) Severable Conditions. If any provision in these conditions or such provision's application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: (A) such provision or its application to such person, entity or circumstance will be deemed severed from this permit; (B) all other provisions in this permit or their application to any person, entity or circumstance will not be affected; and (C) all other provisions in this permit or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law.
(b) Modified Conditions. The City Council authorizes the approval authority to modify, add or remove conditions to any permit as the approval authority deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions in Section 2.5(a) to the particular facts and circumstances associated with the deployment; and/or (3) memorialize any changes to the proposed deployment need for compliance with the Municipal Code, the Zoning Code, this policy, generally applicable health and safety requirements and/or any other applicable laws.

SECTION 2.6. LOCATION REQUIREMENTS
(a) Preface to Location Requirements. To better assist applicants and decisionmakers understand and respond to the community's aesthetic preferences and values, subsections (b) and (c) set out listed preferences for locations and support structures to be used in connection with communication facilities in an ordered hierarchy. Applications that involve less-preferred locations or structures may be approved so long as the applicant demonstrates that either (1) no more preferred locations or structures would be technically feasible as supported by clear and convincing documentary evidence provided to the approval authority.

Subsection (d) identifies "prohibited" support structures on which the City shall not approve any communication facility permit application including any application filed by any competitor or potential competitor.
(b) Locational Preferences in the Public Rights-of-Way. The City prefers communication facilities to be installed at least 150 feet from any residential 22 2690162
dwelling unit in locations, ordered from most preferred to least preferred, as follows:
(1) any location abutting a non-residential zone or non-residential Specific Plan designation; along arterial streets, then collector streets, then local streets;
(2) if abutting a residential zone, along arterial streets, then collectors; (3) if located in a residential area, a location that is as far as possible from any residential dwelling unit.
(0) Support Structures in Public Rights-of-Way. The City prefers communication tacilities to be installed on support structures in the public rights-of-way, ordered from most preferred to least preferred, as follows:
(1) Existing or replacement streetlight poles;
(2) Existing or replacement wood utility poles;
(3) New, non-replacement streetlight poles.
(d) Prohibited Support Structures in Public Rights-of-Way. The City prohibits communication facilities to be installed on the following support structures:
(1) Decorative poles;
(2) Signs;
(3) Any utility pole scheduled for removal or relocation within 12 months from the time the approval authority acts on the communication facility permit application;
(4) New, non-replacement wood poles;
(5) Poles within street medians;
(6) Traffic signals and related structure.
(e) Replacement Pole Locations. All replacement poles must be:
(1) located as close to the removed pole's location as possible; (2) aligned with the other existing poles along the public rights-of-way; and 23 2690162
(3) compliant with all applicable standards and specifications issued by the City, which may include, without limitation, requirements related to aesthetics, materials and safety.

SECTION 2.7. DESIGN STANDARDS
(a) General Standards.
(1) Stealth/Concealment. All communication facilities must be stealth to the maximum extent feasible with concealment elements, measures and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.
(2) Noise. Noise emitted from communication facilities and all accessory equipment and transmission equipment must comply with all applicable City noise control standards.
(3) Least Visible Equipment. The applicant must use the smallest and least visible antennas and accessory equipment possible to accomplish the coverage objectives.
(4) Lights. Communication facilities shall not include any lights that would be visible from publicly accessible areas, except as may be required under Federal Aviation Administration, FCC, other applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas and residential structures. Any light beacons or lightning arresters shall be included in the overall height calculation. The provisions in this subsection (a)(4) shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under this Policy.

All new or replacement street lights and street light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public rights-of-way in a manner consistent with any other standards and specifications as identified or required by the approval authority.
(5) Landscape Features. Communication facilities shall not displace any other existing landscape features unless first approved by the approval authority and the applicant submits and adheres to a landscape maintenance plan.

The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed, and the landscape plan must identify proposed landscaping by species type, size and location. Landscaping and landscape maintenance must be performed in accordance with all applicable provisions of the Laguna Niguel Municipal Code. Landscape maintenance may be performed by the City at the applicant's cost and expense.
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(6) Site Security Measures. Communication facilities may incorporate reasonable and appropriate site security measures, such as locks and anti- climbing devices, to prevent unauthorized access, theft or vandalism. The approval authority shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on communication facilities shall be constructed from or coated with graffiti-resistant materials.
(7) Fire Safety. All communication facilities shall include (A) a power shut off immediately accessible to fire service personnel, through a Knox box or similar rapid-access system, upon arrival at the scene of a fire and/or anticipated power surge due to power being turned off or on for any reason; (B) surge protection devices capable of mitigating a direct or partial direct lightning discharge; (C) surge protection devices capable of mitigating significant electrical disturbances that may enter the communication facility via conductive cables; (D) at least one-hour fire resistant interior surfaces to be used in the composition of all structures; and (E) monitored automatic fire notification and suppression systems for all communication facilities. (8) Signage; Advertisements. All communication facilities must include signage or a tamper proof tag not to exceed one (1) square feet in sign area that accurately identifies the site owner/operator, the owner/operator's site name or identification number and a toll-free, 24/7 emergency number to the owner/operator's network operations center. Communication facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC, Occupational Safety and Health Administration or other United States governmental agencies for compliance with RF emissions regulations. (9) Compliance with Health and Safety Regulations. All communication facilities shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions and compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.).
(10) CPUC and SCJPC Rules, Regulations, and Orders. Communication facilities must comply with all applicable rules, regulations and orders of the CPUC, as the same may be amended or superseded from time to time. Such CPUC rules, regulations and orders include, but are not limited to, General Order 95 and 128 which establish minimum separation from electrical lines. Communication facilities proposed to be attached to poles owned or operated by the electrical utility, must also comply with all applicable rules and regulations of the SCJPC.
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(b) Communication Facilities.
(1) Antennas.
(A) Concealment. All antennas and associated mounting equipment, hardware, cables, or other connecters must be completely concealed within an opaque antenna shroud, radome, or other enclosure approved by the approval authority. The antenna shroud or radome must be painted a flat, non-reflective color to match the underlying support structure.
(B) Antenna Volume. Each individual antenna may not exceed three cubic feet in volume.
(C) Placement. Antennas should be placed above the pole, unless the approval authority finds that an alternative placement results in an aesthetically superior design based on site-specific circumstances. (D) Overall Height. No antenna may extend more than 5.5 feet above the support structure plus any minimum separation between the antenna and other pole attachments required by applicable health and safety regulations. No new support structure, including the antenna(s), may exceed 35 feet in overall height.
(2) Accessory Equipment.
(A) Installation Preferences. All non-antenna accessory equipment shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in underground; (ii) within the pole-top antenna shroud as shown in Exhibit 1; (iii) side-mounted to the pole; (iv) within the pole or support structure; (v) integrated into the base of the pole or support structure; or (vi) ground-mounted in a concealed manner. Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates that no more preferred installation location would be technically feasible as supported by clear and convincing documentary evidence provided to the approval authority.
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Exhibit 1
(B) Undergrounded Accessory Equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Vault lids shall not exhibit logos or commercial advertisements. Applicants shall not be permitted to install an underground vault in a location that: (i) vould cause any existing tree to be materially damaged or displacer г (i) does not comply the City's minimum sidewalk standards and applicable law, which includes without limitation compliance with the ADA.
(C) Pole-Mounted Accessory Equipment. All pole-mounted accessory equipment that is not installed within the pole-top antenna shroud must be installed flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flush- mounted equipment, the maximum separation permitted between the accessory equipment and the pole shall be the minimum separation required by such regulations. All pole-mounted equipment and required or permitted signage must be placed and 27 2690162
oriented away from adjacent sidewalks and structures. Pole- mounted equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. All cables, wires and other connectors must be routed through conduits within the pole, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying support structure. Exposed cables or wires are prohibited.
(D) Base-Mounted Accessory Equipment. All base-mounted
accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base- mounted equipment must be concealed from public view.
(E) Ground-Mounted Accessory Equipment. The approval authority shall not approve any ground-mounted accessory equipment including, but not limited to, any utility or transmission equipment, pedestals, cabinets, panels or electric meters, unless specific and unique conditions of the site would make ground mounting less aesthetically and visually intrusive to public view, than an otherwise preferred location, as documented in writing by the approval authority. On collector roads and local roads, the city prefers ground- mounted accessory equipment to be concealed as follows: (i) within a landscaped parkway or similar location, behind or among new/existing landscape features and painted or wrapped in flat natural colors to blend with the landscape features; and (ii) if landscaping concealment is not technically feasible, disguised as other street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans and information kiosks. On arterial roads outside underground utility districts, ground-mounted accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing ground- mounted accessory equipment cabinets.
(F) Accessory Equipment Volume. All accessory equipment associated with a communication facility authorized by the approval authority to be installed above ground level shall not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a residential district; or (ii) seventeen (17) cubic feet in volume if installed in a non- residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non- 28 2690162
antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground. (3) Streetlights. The City may require applicants that propose to install communication facilities on an existing streetlight to remove and replace the existing streetlight with one substantially similar to the design(s) for communication facilities on streetlights described in any and all applicable City and/or electrical utility policies and standards, as applicable. To mitigate any material changes in the streetlighting patterns, the replacement pole must: (A) be located as close to the removed pole as possible; (B) be aligned with the other existing streetlights; and (C) include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole. All antennas must be installed above the pole within a single, canister style shroud or radome that tapers to the pole. (4) Wood Utility Poles. To the extent permitted or allowed by the SCJPC pole attachment rules or regulations, applicants that propose to install communication facilities on an existing wood utility pole must install all antennas in a radome above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side- mounted antennas on a stand-off bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the radome and stand-off bracket. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations. (5) New, Non-Replacement Poles. Applicants that propose to install a communication facility on a new, non-replacement pole must install a new streetlight substantially similar to the City's and/or electrical utility's standards and specifications but designed to accommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location. If there are no existing streetlights in the immediate vicinity, then, subject to approval of the approval authority and electrical utility, if applicable, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not exceed twelve (12) inches and any base enclosure diameter shall not exceed sixteen (16) inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canister style shroud or radome that tapers to the pole. (6) Encroachments over Private Property. Communication facilities may not encroach onto or over any private or public property outside the public rights-of-way without the property owner's prior written consent. 29 2690162
(7) Backup Power Sources. The approval authority may approve secondary or backup power sources on a case-by-case basis. The approval authority shall not approve any permanent backup power generators within the public rights-of-way; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials.
(8) Obstructions; Public Safety and Circulation. Communication facilities and any associated equipment or improvements shall not physically interfere with or impede access to any: (A) worker access to any above- ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (B) access to any public transportation 10 provembic vehicles, shelters, street furniture or other improvements at any public transportation stop; (C) worker access to above-ground or underground infrastructure owned or operated by any public or private utility agency; (D) fire hydrant or water valve; (E) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or (F) access to any fire escape.

Authorized above ground improvements must be setback a minimum of 2 feet from existing or planned sidewalks, trails, curb faces or road surfaces. (9) Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated communication facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be routed through and concealed from view within: (A) internal risers or conduits if on a concrete, composite or similar pole; or (B) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the proiect cost.
(10) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.
(11) Electric Meters. Communication facilities shall use flat-rate electric service or other method that obviates the need for a separate above- grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter. The approval authority shall not approve 30 2690162
a separate ground-mounted electric meter pedestal unless required by the electrical utility.
(12) Street Trees. To preserve existing landscaping in the public rights-of-way, all work performed in connection with communication facilities shall not cause any street trees to be trimmed, damaged or displaced. If any street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain comparably sized replacement trees approved by the approval authority at the site for the duration of the permit term.
(13) Lines of Sight. No communication facility shall be located so as to obstruct pedestrian or vehicular lines-of-sight or sight distance, or in any other location determined by the cily's trafic engineer as creating any risk to the SECTION 2.8. ADMINISTRATIVE VARIANCE.
(a) Preface. The provisions in this section establish a procedure by which the City may grant an administrative variance to the standards in this Policy but only to the extent necessary to avoid conflict with applicable federal or state law. Each administrative variance is specific to the facts and circumstances in connection with each application. The applicant shall have the burden to prove to the approval authority that an administrative variance should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant's request for an administrative variance. An administrative variance granted in one instance shall not be deemed to create a presumption or expectation that an administrative variance will be granted in any other instance.
(b) Required Findings. The approval authority shall not grant any administrative variance pursuant to this section unless the approval authority finds all the following:
(1) the applicant has provided the approval authority with a reasonable and clearly defined technical service objective to be achieved by the proposed communication facility;
(2) the applicant has provided the approval authority with a detailed written statement that explains why: (A) a denial based on the application's noncompliance with a specific provision or requirement would violate federal law, state law or both; or (B) a provision in this Policy, as applied to the applicant, would violate any rights or privileges conferred on the 31 2690162
(3) the applicant has provided the approval authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed communication facility cannot be deployed in compliance with the applicable provisions in this Policy, the Laguna Niguel Municipal Code and any other applicable regulations;
(4) the applicant has provided the approval authority with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed communication facility;
(5) the applicant has demonstrated that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed communication facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive facilities dispersed throughout the intended service area; and (6) the administrative variance is narrowly tailored such that any deviation from this Policy is only to extent necessary for compliance with federal or state law.

SECTION 2.9. PRE-APPROVED DESIGNS
(a) Preface. To expedite the review process and encourage collaborative designs among applicants and the City, the City Council authorizes the approval authority to designate one or more pre-approved designs for communication facilities. This section sets out the process to establish or repeal a pre-approved design and the expedited review procedures and findings applicable to these applications. (b) Adoption. The approval authority, in the approval authority's discretion, may establish a pre-approved design when the approval authority finds that a proposed pre-approved design would be (i) in substantial conformance with the applicable development standards in this Policy and (ii) compatible with the areas in which the pre-approved design would be avallable. Ine approval authority shall post a public notice at City Hall and on the City's website. The notice must generally describe the pre-approved design, include a photograph or photo simulation, specify whether the pre-approved design would be limited or restricted in any areas. The pre-approved design shall become effective 15 days from the notice required in this section. A decision by the approval authority not to adopt a proposed pre-approved design or the approval authority's failure to act on a request for a proposed pre-approved design is not appealable. 32 2690162
(c) Repeal. The approval authority may repeal any pre-approved design by notice posted at City Hall and on the City's website. The repeal shall be immediately effective. The approval authority's repeal, refusal to repeal or failure to act on a request to repeal a pre-approved design is not appealable. (d) Nondiscrimination. An established pre-approved design may be used by any applicant, whether the applicant originally initiated the pre-approval process or not.

The approval authority's decision to adopt a pre-approved design expresses no preference or requirement that applicants use the specific vendor or manufacturer that fabricated the design depicted in the pre-approved plans. Any other vendor or manufacturer that fabricates a communication facility to the standards and specifications in the pre-approved design with like materials, finishes and overall quality shall be acceptable as a pre-approved design.
(e) Modified Findings for Approval. For any complete permit application using a pre-approved design, the approval authority shall presume that the proposed project complies with the findings required under Sections 2.4(b)(1) and 2.4(b)(3).

No such presumption shall be applicable to the required findings under Sections

2.4(b)(2) and 2.4(b)(4)-(5).

SECTION 3. VIOLATIONS
Any use or condition caused or permitted to exist that violates any provision in this Policy shall be and hereby is declared a public nuisance and may be subject to summary abatement and citations as set forth the Laguna Niguel Municipal Code, remedies provided under California Code of Civil Procedure Section 731, California Government Code Section 38773, and/or any other remedy available to the City. 33 2690162

EXHIBIT B

MUNICIPAL FACILITY LICENSE AGREEMENT
THIS MUNICIPAL FACILITY LICENSE AGREEMENT (the "Agreement") is dated as of (the date fully executed by all parties, referred to herein as "Effective Date"), and entered ixie by and betweens, e _, a California municipal corporation (the "Licensor"), and a ("Licensee").

Recitals
A. WHEREAS, the Licensor is the owner of certain Municipal Facilities (as defined in Section 1.5, below) located in the Rights-of-Way (as defined in Section 1.10 below) of the City of _('City"); and
WHEREAS, Licensee, or wireless carriers who have retained Licensee, are authorized to conduct business as a telephone corporation in the State of California; and
C. WHEREAS, Licensee desires to use space on certain of the Licensor's Municipal Facilities in the Rights-of-Way for construction, operation and maintenance of its Network (as defined in Section 1.6, below) serving Licensee's customers and utilizing Equipment (as defined in Section 1.1, below), permitted by the Federal Communications Commission ("FCC") and in accordance with FCC rules and regulations; and WHEREAS, for the purpose of operating the Network, Licensee wishes to locate, place, attach, install, operate, control, and maintain Equipment on the Municipal Facilities in the Rights-of-Way, owned by the Licensor; and WHEREAS, Licensee is willing to compensate the Licensor in exchange for the right to use and physically occupy portions of the Municipal Facilities in the Rights-of-Way.

Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions:

1. DEFINITIONs. The following definitions shall apply generally to the provisions of this Agreement:

1.1. "Equipment" means the equipment cabinets, antennas, utilities and fiber optic cables, wires, and related equipment, whether referred to individually or collectively, to be installed and operated by Licensee under a particular Supplement. - 1-
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1.2. "Information Service(s)" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information and content via telecommunications, and includes electronic publishing, as the same may evolve over time.

1.3. "Laws" means any and all applicable statutes, codes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or other requirements of the Licensor or other governmental agency having joint or several jurisdiction over the parties to this Agreement as such laws may be amended from time to time.

1.4. "License Fee" means the compensation paid under any Supplement for use of the Municipal Facilities.

1.5. "Municipal Facilities" means Licensor-owned street light, traffic control, banner, or other poles, lighting fixtures, or electroliers located within the ROW and may refer to such facilities in the singular or plural, as appropriate to the context in which used. The term includes Replacement Facilities referred to in Section 4.1.3.

1.6. "Network" or collectively "Networks" means the telecommunication network operated by Licensee to serve its customers, which includes but is not limited to, all Equipment.

1.7. "Person" means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.

1.8. "PUC" means the California Public Utilities Commission.

1.9. "Right(s)-of-Way" or "ROW" means the improved or unimproved surface or subsurface of any public street, or similar public way of any nature, dedicated or improved for vehicular, bicycle, and/or pedestrian related use. Right-of-Way includes public streets, roads, lanes, alleys, sidewalks, medians, parkways, public utility easements and landscaped lots. The Public Right-of-Way does not include private streets.

1.10. "Transfer" means any transaction in which the rights and/or obligations held by Licensee under this Agreement or a Supplement are transferred, directly or indirectly, in whole or in part to a party other than Licensee.

1.11. "Supplement" shall mean each separate authorization, granted by Licensor to Licensee with regard to a specific Equipment installation, the form of which is attached hereto as Exhibit A, which shall be subject to the terms and conditions of this Agreement.
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1.12. "Telecommunications Service(s)" or "Services" has the same meaning as that term is defined in the United States Code, 47 U.S.C. 153 (53) or any other use authorized by and licensed to Licensee by the FCC.

2. TERM; SuPPLEMENT TerM.

2.1. Term. The initial term of this Agreement shall be for a period of ten (10) years (the "Initial Term"), commencing on the Effective Date and ending on the tenth anniversary thereof, unless sooner terminated as stated herein. Provided that Licensee is not in default of the Agreement or any Supplement following written notice and the expiration of any applicable cure period, this Agreement shall be automatically renewed for successive five (5) year renewal terms (each, a "Renewal Term"), unless either party gives the other party written notice of the intent not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or any Renewal Term, as applicable.

The Initial Term and all Renewal Terms shall be collectively referred to herein as the

2.2. Supplement Term. Unless otherwise specified in a Supplement, the initial term for each particular Supplement shall begin on its effective date ("Supplement Effective Date") and shall end on the tenth anniversary thereof, unless such individual Supplement is earlier terminated or this Agreement is extended or terminated, as provided for herein (the "Supplement Term"). All of the provisions of this Agreement shall be in effect during the Supplement Term. The expiration or termination of the Agreement under Section 2.1 shall immediately terminate all Supplements which have been in effect for ten (10) years or longer. For any Supplement that has not been in effect for a minimum of at least ten (10) years, said Supplement shall survive the termination of the Agreement only in the event that the Supplement has not been effective for at least (six) years. In which case, said Supplement shall survive for a minimum of six (6) years after the effective date and shall automatically terminate thereafter. Licensor's acceptance of any payment of fees shall not effect the termination date or survival of any Supplement.

2.3. Holding Over. Any holding over by Licensee, after expiration or six (6) months after Licensor's notice of intent not to renew (hereinafter "non-renewal"), shall not be considered as a renewal or extension of this Agreement. Notwithstanding anything to the contrary in this Agreement and any associated Supplement, the occupancy of each location after expiration or non-renewal shall continue, and all other terms and conditions of this Agreement shall continue in full force and effect; provided, however, Licensor shall have the right to apply a reasonable increase in rent to bring the rent to fair market value.. Upon expiration or non-renewal of this Agreement, the parties will negotiate in good faith the terms of a successor agreement. If the parties have not reached agreement after six (6) months of good faith negotiations, Licensor may thereafter terminate the holdover with one hundred and eighty (180) days written notice which can only be extended by mutually agreement of both parties in writing.

Calculation of all prorated rents under this section shall be based on a 30-day month. - 3-
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Notice of any permitted increase in rent under this section shall be given in writing at least thirty (30) days prior to becoming effective.

3. REPRESENTATION CONCERNING SERVICES; NO AUTHORIZATION TO PROVIDE OTHER SERVICES. Licensee represents, warrants and covenants that its Equipment installed pursuant to this Agreement and each Supplement will be utilized solely for providing the Telecommunications Services and any Information Services that may be provided over the Network, and Licensee is not authorized to and shall not use its Equipment to offer or provide any other services not in furtherance of providing such Telecommunications Services and Information Services. At any time that Licensee or the wireless carriers) that have retained Licensee utilizes its Equipment for purposes other than those permitted by this Section 3, the Licensor shall have the option, in its sole discretion and upon six (6) months' written notice and opportunity to cure to Licensee, to terminate this Agreement and to require the removal of Licensee's Equipment from the ROW and from Municipal Facilities, including the cost of any site remediation, at no cost to the Licensor, without any liability to Licensee related directly or indirectly to such termination.

4. SCOPE OF AGREEMENT. Licensee may only use Municipal Facilities pursuant to an approved Supplement. Any and all rights expressly granted to Licensee under this Agreement, which shall be exercised at Licensee's sole cost and expense, shall be subject to the prior and continuing right of the Licensor under applicable Laws to use any and all parts of the Municipal Facilities and ROW exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Municipal Facilities and ROW as of the date of the individual Supplement.

4.1. Attachment to Municipal Facilities. Subject to the conditions herein, the Licensor hereby authorizes and permits Licensee to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment on identified Municipal Facilities located in the ROW for the purposes of operating the Network and allowing for the provision of Telecommunications Services and Information Services.

4.1.1. Licensee will submit to the authorized representative of the Licensor an application substantially in the form of Exhibit B ("Application") hereto including a proposed design for any proposed Equipment installations that identifies both the Equipment and the Municipal Facilities Licensee proposes to use. One Application is required per Municipal Facility.

4.1.2. Licensor, in its reasonable discretion, may approve, approve with conditions, or disapprove an Application, provided however, Licensor shall take reasonable steps to notify Licensee of the specific deficiencies in any Application and take reasonable steps to approve or reject each Application in accordance with Federal and State law. Any approved Equipment shall be included as part of the applicable - 4-
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Supplement. Upon approval of an acceptable Application, City will execute the corresponding Supplement executed by Licensee, which will be effective as of the date thereof.

4.1.3. If Licensee submits an Application to use a Municipal Facility that is structurally inadequate to accommodate its proposed Equipment, Licensee may at its sole cost and expense replace the Municipal Facility (a "Replacement Pole") with one that is acceptable to and approved by the Licensor as part of the applicable Supplement, or alternatively, if requested by Licensee and agreed to by Licensor, Licensor will replace the Municipal Facility with the Replacement Pole at Licensee's cost (which shall first be approved by Licensee). Licensee shall dedicate ownership of such Replacement Pole to the Licensor and transfer any applicable manufacturers' warranties. In the event a Replacement Pole that is among the standard pole types used by Licensor ("Standard Replacement Pole") needs to be replaced, Licensor will replace the damaged Standard Replacement Pole at Licensee's expense (which shall be limited to Licensor's reasonable costs), and coordinate with Licensee so that Licensee may reattach any Equipment. In the event a Replacement Pole that is of a specialized design (a "Non-Standard Replacement Pole") needs to be replaced, Licensor may elect to make emergency repairs or clear the Non-Standard Replacement Pole from the Right-of-Way, but Licensee is otherwise responsible for replacing the Non-Standard Replacement Pole with a replacement from its own inventory. In this case (when a Non-Standard Replacement Pole) needs to be replaced, Licensor will notify Licensee as soon as practicable at

4.1.4. Prior to the Licensor accessing or performing any work on a Municipal Facility on which Licensee has installed Equipment, the Licensor may require Licensee to deactivate such Equipment if any of Licensor's employees or agents must move closer to the Equipment than the recommended one-foot minimum distance. In such case, Licensor will contact Licensee at the contact telephone number referenced in Section 14.3 herein to request immediate deactivation. Further, Licensee shall install a disconnect device at each Municipal Facility on which it installs Equipment pursuant to a Supplement so that in case of emergency, Licensor may disconnect such Equipment from its power source and safely shut it down in the event there is not sufficient time to contact Licensee to request shut down; provided that Licensor shall provide notice to Licensee of such power-down as soon as practicable after the emergency. Licensee shall provide training to Licensor's staff on disconnecting the Equipment.

4.1.5. Licensee is solely responsible for procuring electricity for its Equipment and Network and directly paying its chosen electricity provider for such services. The Licensor is not responsible for managing Licensee's electricity needs, payments, or for supplying electricity to the Equipment or Network. Where possible when deploying, Licensee shall procure from an electric utility unmetered electricity services.

4.2. Proprietary Capacity. Licensee acknowledges and agrees that Licensor is entering into this Agreement and any Supplements solely in its capacity as a property - 5-
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owner of Municipal Facilities in the ROW and not in its capacity as a regulatory agency.

Nothing in this Agreement shall limit in any way Licensee's obligation to obtain any required regulatory approvals from any City department, board or commission or other activities involving use of the Municipal Facilities in the ROW. All work performed pursuant to the rights granted by this Agreement is subject to the prior review and approval of the City in accordance with its customary and permitting procedures (see, Section 6.2 below).

4.3. No Interference. Licensee acknowledges and agrees that the primary purpose of the Municipal Facilities is to serve the Licensor and the public. Licensee in the performance and exercise of its rights and obligations under this Agreement shall not interfere in any manner with Licensor's own primary service requirements or the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities owned by the Licensor, electroliers, cable television, location monitoring services, public safety and other then existing telecommunications equipment, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable laws or this Agreement. Licensor will confer with Licensee to determine proper antenna separation so as to avoid and/or eliminate any interference with their respective operations. If such interference should occur, Licensee shall discontinue using the Equipment, methodology or technology that causes the interference, except for brief tests necessary for the elimination of the interference, until such time as Licensee takes corrective measures to eliminate such interference. In the event that such interference does not cease within forty-eight (48) hours after Licensee receives written notice from Licensor, Licensee acknowledges that continuing interference may cause irreparable injury and harm, and therefore, in addition to any other remedies, and without limitation of any other remedy, Licensor shall be entitled to seek temporary and permanent injunctions against the breach of this Subsection.

Notwithstanding the foregoing, Licensor agrees to work in good faith with Licensee to resolve any interference to or by Licensee.

4.4. Permits; Default. In addition to any other remedies available hereunder, whenever Licensee is in default of this Agreement or an applicable Supplement, after notice and applicable cure periods, Licensor may deny further encroachment, excavation or similar permits for work in connection with installations under this Agreement until such time as Licensee cures all of its defaults.

4.5. Compliance with Laws. Licensee shall comply with all applicable laws in the exercise and performance of its rights and obligations under this Agreement.

4.6. Nonexclusive Use Rights. Notwithstanding any other provision of this Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement shall be non-exclusive, and shall be subject and subordinate to (1) the continuing right of the Licensor to use, and to allow any other person or persons to use, - 6-
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any and all parts of the ROW or Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title (collectively, "Encumbrances") which may affect the ROW or Municipal Facilities now or at any time during the term of this Agreement, including, without limitation any Encumbrances granted, created or allowed by the Licensor at any time.

Licensor agrees, however, that it in approving other applicants a similar license for access to and use of any Municipal Facility, or for the Licensor's own use, Licensor will notify Licensee of said approval. Both Parties agree to notify the other of known potential interference with underground installation or any other interference which may impact the use of the Municipal Facility, Network or Equipment.

5. COMPENSATION. Licensee shall be solely responsible for the payment of all fees in connection with Licensee's performance under this Agreement, including those set forth below.

5.1. License Fee. In order to compensate the Licensor for Licensee's deployment of Equipment on any Municipal Facilities within the ROW, Licensee shall pay the total License Fee to the Licensor for each Municipal Facility used by Licensee, on an annual basis, in an amount equal to: ($ _). The License Fee under all Supplements shall be subject to annual adjustment as provided in Subsection 5.2 below. Any new Supplements entered into during a given year shall commence at the License Fee, as adjusted by Section 5.2 below to reflect the then- current rate.

5.2. Annual License Fee Adjustment. Effective on the first anniversary of the Effective Date, and continuing annually thereafter during the Term, the License Fee for the then existing Supplement(s) shall be increased by percent _%), over the License Fee paid for the immediately preceding year.

5.3. Payment.

5.3.1. Licensee shall make the first payment of License Fee under any Supplement within forty-five (45) days of the Supplement Effective Date. The amount of the first payment of License Fee for any Supplement shall be prorated to cover the period from the Supplement Effective Date of the applicable Supplement to the next anniversary of the Effective Date of this Agreement. Thereafter, License Fee shall be paid in advance for each Municipal Facility used on or before each anniversary of the Effective Date. Acceptance by Licensor of any payment of the License Fee shall not be deemed a waiver by Licensor of any breach of this Agreement occurring prior thereto, nor will the acceptance by Licensor of any such payment preclude Licensor from later establishing that a greater amount was actually due or from collecting any balance that is due. As a prerequisite to the payment of License Fee, Licensor hereby agrees to provide to Licensee certain documentation (the "License Documentation") evidencing Licensor's interest in, and right to receive payments under, this Agreement, including without limitation: (i) a complete and fully executed Internal Revenue Service Form W-9, - 7-
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or equivalent, in a form acceptable to Licensee, for any party to whom License Fee payments are to be made pursuant to this Agreement; and (i) other documentation requested by Licensee in Licensee's reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from Licensee, Licensor agrees to provide updated License Documentation in a form reasonably acceptable to Licensee.

5.3.2. The License Fee shall be paid by check made payable to the City and mailed or delivered to the Department, at the address provided for in Section 10 below. The place and time of payment may be changed at any time by Licensor upon thirty (30) days' written notice to Licensee. Mailed payments shall be deemed paid upon the date such payment is officially postmarked by the United States Postal Service. If postmarks are illegible to read, the payment shall be deemed paid upon actual receipt. Licensee assumes all risk of loss and responsibility for late payment charges if payments are made by mail. Notwithstanding the foregoing, upon agreement of the parties, Licensee may pay the License Fee by electronic funds transfer and if agreed, the Licensor will provide to Licensee bank routing information for such purpose upon request of Licensee.

5.4. Delinquent Payment. If Licensee fails to pay any amounts due pursuant to this Agreement within forty-five (45) days from the due date, Licensee will pay, in addition to the unpaid fees, a sum of money equal to _ _ percent (%) of the amount due, including penalties and accrued interest, for each month and/or fraction thereof during which the payment is due and unpaid.

5.5. Additional Remedies. The late fee set forth in Section 5.4 above is not exclusive, and does not preclude the Licensor from pursuing any other or additional remedies in the event that payments become overdue by more than 30 days.

6. CONSTRUCTION. Licensee shall comply with all applicable federal, state, and local codes related to the construction, installation, operation, maintenance, and control of Licensee's Equipment installed on Municipal Facilities. Except as otherwise provided in Section 6.6, Licensee shall not attach, install, maintain, or operate any Equipment on Municipal Facilities without the prior written approval of an authorized representative of the Licensor for each location as evidenced in a signed Supplement. Licensee shall keep the Municipal Facilities free and clear from any liens arising out of any work performed, material furnished, or obligations incurred by or for Licensee.

6.1. Installation and Operation. Upon the completion of each installation, Licensee must promptly furnish to Licensor a current list and map that identifies the exact location of the Equipment in or on the Municipal Facility. That information must be provided in a format that is compatible with Licensor's information technology, including but not limited to ESRI compatible GIS shapefiles.

6.2. Obtaining Required Permits. Licensee acknowledges that in addition to a signed Supplement, each installation of Equipment shall also be subject to then- - 8-
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current City permitting requirements as set out in the City's Municipal Code. Licensee agrees to comply with the current applicable ordinances regarding such installations as well as any future regulations that may be adopted by the City respecting such installations. Licensee shall apply for the appropriate permits and pay any standard and customary permit fees.

6.3. Relocation and Displacement of Equipment. This Agreement creates no right in Licensee to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act or under any existing or future law upon any termination of tenancy. Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor's direction and upon () days' prior written notice to Licensee, relocate such Equipment at Licensee's sole cost and expense whenever Licensor reasonably determines that the relocation Is the constion,
needed for any of the following purposes: (a) if required for the construction, modification, completion, or relocation of a Licensor or other public agency project; (b) because the Equipment is interfering with or adversely affecting proper operation of Licensor-owned Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor within the ) days, Licensor shall be entitled to remove or relocate the Equipment at Licensee's sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee's property after removal within forty-five (45) days of the date of a written demand for this payment from the Licensor. To the extent the Licensor has actual knowledge thereof, the Licensor will attempt promptly to inform Licensee of the displacement or removal of any Municipal Facility on which any Equipment is located. If the Municipal Facility is damaged or downed for any reason, and as a result is not able to safely hold the Equipment, the Licensor will have no obligation to repair or replace such Municipal Facility for the use of Licensee's Equipment. Licensee shall bear all risk of loss as a result of damaged or downed Municipal Facilities pursuant to Section 6.9 below, and may choose to replace such Municipal Facilities pursuant to the provisions of Section 4.1.3 above. Licensee and Licensor shall cooperate to the extent possible to assure continuity of service by Network during relocation of Equipment.

6.4. Relocations at Licensee's Request. In the event Licensee desires to relocate any Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use its best efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. Licensee shall be liable for all costs of relocation, including any costs which Licensor may incur.

6.5. Damages Caused by Licensee. Licensee shall, at its sole cost and expense and to the satisfaction of the Licensor: (a) remove, repair or replace any of its Equipment that is damaged or becomes detached; and/or (b) repair any damage to - 9-
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ROW, Municipal Facilities or other property, whether public or private, caused by Licensee, its agents, employees or contractors in their actions relating to attachment, operation, repair or maintenance of Equipment. If Licensee does not remove, repair or replace such damage to its Equipment or to ROW, Municipal Facilities or other property, the Licensor shall have the option, upon thirty (30) days' prior written notice to Licensee, to perform or cause to be performed such removal, repair, or replacement on behalf of Licensee and shall charge Licensee for the actual costs incurred by the Licensor. If such damage causes an imminent public health or safety emergency, as reasonably determined by the Licensor, the Licensor may immediately perform reasonable and necessary repair or removal work on behalf of Licensee and will notify Licensee as soon as practicable; provided, no such repair work may only involve reattachment of Licensee's Equipment to a pole or repair of the pole itself, and shall not include any technical work on Licensee's Equipment. Upon the receipt of a demand for payment by the Licensor, Licensee shall within forty-five (45) days of such receipt reimburse the Licensor for such costs. The terms of this provision shall survive the expiration, completion or earlier termination of this Agreement.

6.6. Change in Equipment. Subsequent to the original installation of Licensee's Equipment, Licensee may make modifications to, replace, alter, enhance, or upgrade the Equipment, so long as such modification, replacement, alteration, enhancement, or upgrade does not increase pole loading beyond the pole loading that was established in the approved Supplement, or involve placement of equipment outside the area designated in the approved Supplement, and will not change the appearance or aesthetic compatibility with the surrounding infrastructure, provided written notice to Licensor is given sixty (60) days prior to any change to the approved Equipment. Any modification that would involve increasing the pole loading beyond what was established in the approved Supplement (such modified Equipment hereinafter called "Nonpermitted Equipment") or change in the appearance or aesthetic compatibility with the surrounding infrastructure shall require Licensee to submit a new application for such Nonpermitted Equipment. Any approval of an application for Nonpermitted Equipment shall take the form of an amendment to the applicable Supplement. In addition to any other submittal requirements for such application, and if requested by Licensor, Licensee shall provide "load" (structural) calculations for all Municipal Facilities upon which it intends to install Nonpermitted Equipment, notwithstanding original installation or by way of Equipment type changes.

6.7. Termination of a Supplement. Licensee shall have the right to terminate any Supplement on thirty (30) days' notice to Licensor. In the event of such termination, removal of Equipment associated with the terminated Supplement shall be governed by Section 6.8 below and Licensor shall retain any License Fee paid. Licensor shall have the right to terminate any Supplement if Licensor determines the covered Equipment has been inoperative, and therefore abandoned, for one hundred and eighty (180) consecutive days, and Licensee does not provide an adequate explanation or commence to cure within thirty (30) days following notice. - 10-
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6.8. Removal of Equipment. Within ninety (90) days after the expiration or earlier termination of a Supplement, Licensee shall promptly, safely and carefully remove the Equipment covered by the terminated or expired Supplement from the applicable Municipal Facility and ROW. Within ninety (90) days after the expiration or earlier termination of the Agreement, Licensee shall promptly, safely and carefully remove all Equipment from all the applicable Municipal Facilities and ROW. If Licensee fails to complete this removal work pursuant to this Section, then the Licensor, upon written notice to Licensee, shall have the right at the Licensor's sole election, but not the obligation, to perform this removal work and charge Licensee for the actual costs and expenses, including, without limitation, reasonable administrative costs. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee's property after removal within forty-five (45) days of the date of a written demand for this payment from the Licensor. After the Licensor receives the reimbursement payment from Licensee for the removal work performed by the Licensor, the Licensor shall promptly make available to Licensee the property belonging to Licensee and removed by the Licensor pursuant to this Section at no liability to the Licensor. If the Licensor does not receive reimbursement payment from Licensee within such forty-five (45) days, or if Licensor does not elect to remove such items at the Licensor's cost after Licensee's failure to so remove pursuant to this Section, or if Licensee does not remove Licensee's property within thirty (30) days of such property having been made available by the Licensor after Licensee's payment of removal reimbursement as described above, any items of Licensee's property remaining on or about the ROW, Municipal Facilities, or stored by the Licensor after the Licensor's removal thereof may, at the Licensor's option, be deemed abandoned and the Licensor may dispose of such property in any manner by allowed for by Law.

Alternatively, the Licensor may elect to take title to abandoned property, and Licensee shall submit to the Licensor an instrument satisfactory to the Licensor transferring to the Licensor the ownership of such property. The provisions of this Section shall survive the expiration or earlier termination of this Agreement.

6.9. Risk of Loss. Licensee acknowledges and agrees that Licensee, subject to the terms of this Agreement bears all risks of loss or damage or relocation or replacement of its Equipment and materials installed in the ROW or on Municipal Facilities pursuant to this Agreement from any cause, and the Licensor shall not be liable for any cost of replacement or of repair to damaged Equipment, including, without limitation, damage caused by the Licensor's removal of the Equipment, except to the extent that such loss or damage was caused by the willful misconduct or negligence of the Licensor, including, without limitation, each of its elected officials, department directors, managers, officers, agents, employees, and contractors, subject to the limitation of liability provided in Section 7.3 below.

6.10. Access. Prior to Licensee accessing its Equipment for non-emergency purposes at any time, Licensee shall provide email notice to the Licensor at the following email address: In the event of an emergency at any time, Licensee will, if time permits, attempt to provide prior telephonic notice to the Licensor at the following telephone number:
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7. INDEMNIFICATION AND WAIVER. Licensee agrees to indemnify, defend, protect, and hold harmless the Licensor, its council members, officers, employees, agents and contractors from and against any and all claims, demands, losses, including pole warranty invalidation, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense to the extent arising from, resulting from or caused by Licensee's activities undertaken pursuant to this Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the Licensor, its Licensor council members, officers, employees, agents, or contractors.

To the extent permitted by law, Licensor agrees to indemnify, defend, protect, and hold harmless Licensee, its officers, employees, agents and contractors from and against any and all claims, demands, losses, including pole warranty invalidation, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense to the extent arising from, resulting from or caused by Licensor's activities undertaken pursuant to this Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the Licensee, its officers, employees, agents, or contractors.

7.1. Waiver of Claims. Licensee waives any and all claims, demands, causes of action, and rights it may assert against the Licensor on account of any loss, damage, or injury to any Equipment or any loss or degradation of the Telecommunications Services or Information Service as a result of any event or occurrence which is beyond the reasonable control of the Licensor.

7.2. Waiver of Subrogation. Each party hereto hereby waives and releases any and all rights of action for negligence against the other party hereto which may hereafter arise on account of damage to Equipment, Municipal Facilities or to the ROW, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the first party. This waiver and release shall apply between the parties and they shall also apply to any claims under or through th result of an has seed liso either party as a result of any asserted right of subrogation. All such policies of insurance obtained by either party hereto concerning the Municipal Facilities, Equipment or the ROW shall waive the insurer's right of subrogation against the other party hereto.

7.3. Limitation on Consequential Damages. Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
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8. PERFORMANCE BOND. In order to secure the performance of its obligations under this Agreement, Licensee will provide the following security instrument to the Licensor:

8.1. Performance Bond. Prior to the commencement of any work under this Agreement, Licensee must provide a performance bond running to the Licensor in the sum of for each Supplement or such other amount as the parties mutually agree to and memorialize in the applicable Supplement. The performance bond is conditioned upon the faithful performance by Licensee of all the terms and conditions of this Agreement and upon the further condition that if Licensee fails to comply with any terms or conditions governing this Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the Licensor as a result, including the full amount of any compensation, indemnification, or costs of removal or abandonment of Licensee's property, plus costs and reasonable attorneys' fees up to the full amount of the performance bond. Licensee will keep the performance bond in place during the term of this Agreement.

8.2. Assessment of the Bond. Upon Licensee's failure to pay the Licensor any amount owing under this Agreement, the performance bond may be assessed by the Licensor for purposes including, but not limited to:
(a) Reimbursement of costs borne by the Licensor to correct violations of the Agreement not corrected by Licensee, after Licensor provides notice and a reasonable opportunity to cure such violations. This shall include but not be limited to removal of Equipment.
(b) To provide monetary remedies or to satisfy damages assessed against Licensee due to a material breach of this Agreement.

8.3. Restoration of the Bond. Licensee must deposit a sum of money or a replacement instrument sufficient to restore the performance bond to its original amount within 30 days after written notice from the Licensor that any amount has been recovered from the performance bond. Failure to restore the bond to its full amount recovered within 30 days will constitute a material breach of this Agreement. Licensee will be relieved of the foregoing requirement to replenish the bond during the pendency of an appeal from the Licensor's decision to draw on the performance bond.

8.4. Required Endorsement. The performance bond is subject to the approval of the Licensor and must contain the following endorsement:
"This bond may not be canceled until sixty (60) days after receipt by the Licensor, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew."
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8.5. Reservation of Licensor Rights. The rights reserved by the Licensor with respect to the performance bond are in addition to all other rights and remedies the Licensor may have under this Agreement or any other law.

8.6. Admitted Surety Insurer. The surety supplying the bond shall be an "admitted surety insurer" ", as defined in Code of Civil Procedure Section 995.120 and authorized to do business in the State of California.

8.7. Cash Deposit. In lieu of obtaining a performance bond, Licensee shall have the right to instead deposit a cash deposit with Licensor securing Licensee's obligations under this Agreement.

9. INSURANCE. Licensee shall obtain and maintain at all times during the term of this Agreement Commercial General Liability insurance, per form ISO CGL 00 01 or equivalent, with a limit of _ per occurrence for bodily injury and property damage and ($_ _ general aggregate including premises- operations, contractual liability, personal injury and products completed operations; and Commercial Automobile Liability insurance covering all owned non-owned and hired vehicles with a limit of - ($ _ each accident for bodily injury and property damage. Licensee may self-insure any of the required coverage. The Commercial General Liability insurance policy shall include the Licensor, its commission members, officers, and employees as additional insured as respects any covered liability arising out of Licensee's performance of work under this Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Upon receipt of notice from its insurer Licensee shall use its best efforts to provide the Licensor with thirty (30) days prior written notice of cancellation or non-renewal of any required coverage that is not replaced. Licensee shall be responsible for notifying the Licensor of such change or cancellation.

9.1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, Licensee shall file with the Licensor the required certificate(s) of insurance with blanket additional insured endorsements, which shall state the following:
(a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) that Licensee's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the Licensor may possess, including any self-insured retentions the Licensor may have; and any other insurance the Licensor does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and - 14-
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that Licensee's Commercial General Liability insurance
policy waives any right of recovery the insurance company may have against the Licensor.

The certificate(s) of insurance with endorsements and notices shall be mailed to the Licensor at the address specified in Section 10 below.

9.2. Workers' Compensation Insurance. Licensee shall obtain and maintain at all times during the term of this Agreement statutory workers' compensation and employer's liability insurance in the amount of _ per accident / per disease, per employee / per disease, policy limit and shall furnish the Licensor with certificate showing proof of such coverage.

Insurer Criteria. Any insurance provider of Licensee shall be eligible to do business in the State of California and shall carry a minimum rating assigned by A.M.

Best & Company's Key Rating Guide of "A-" Overall and a Financial Size Category of "VII."

9.4. Severability of Interest. "Severability of interest" or "separation of insureds" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies.

10. NOTICES.

10.1. Method and Delivery of Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; or (b) by means of prepaid overnight delivery service, addressed as follows:

If to the Licensor:

City Hall, Finance Department
[INSERT ADDRESS]
Attn:

Email:
-
If to Licensee: [Licensee ADDRESS]

10.2. Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. - 15-
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11. DEFAULT; CURE; REMEDIES.

11.1. Licensee Default and Notification. Except for causes beyond the reasonable control of Licensee, if Licensee fails to comply with any of the material conditions and obligations imposed hereunder, and if such failure continues for more than thirty (30) days after written demand from the Licensor to commence the correction of such noncompliance on the part of Licensee, the Licensor shall have the right to revoke and terminate this Agreement, if such failure is in relation to the Agreement as whole, or any individual Supplement, if such failure is in connection solely with such Supplement, in addition to any other rights or remedies set forth in this Agreement or provided by law.

11.2. Cure Period. If the nature of the violation is such that it cannot be fully cured within thirty (30) days due to circumstances not under Licensee's control, the period of time in which Licensee must cure the violation shall be extended for such additional time reasonably necessary to complete the cure, provided that: (a) Licensee has promptly begun to cure; and (b) Licensee is diligently pursuing its efforts to cure.

The Licensor may not maintain any action or effect any remedies for default against Licensee unless and until Licensee has failed to cure the breach within the time periods provided in these Sections 11.1 and 11.2.

11.3. Licensor Default. If Licensor breaches any covenant or obligation of Licensor under this Agreement in any manner and if Licensor fails to commence to cure such breach within thirty (30) days after receiving written notice from Licensor specifying the violation (or if Licensor fails thereafter to diligently prosecute the cure to completion), then Licensee may enforce any and all of its rights and/or remedies provided under this Agreement or by law or it may (although it shall not be obligated to) cure Licensor's breach and/or perform Licensor's obligations (on Licensor's behalf and at Licensor's expense) and require Licensor to reimburse to Licensee all reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with such cure and/or performance.
120 SUCCESSOrS 12. ASSIGNMENT. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties. Except as otherwise provided in this Agreement, neither party shall assign this Agreement or its rights or obligations to any firm, corporation, individual, or other entity, without the written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon thirty (30) days' written notice, either party may assign this Agreement or its rights or obligations to (a) any entity that controls, is controlled by, or is under common control of a party; or (b) with respect to Licensee only, in connection with the sale or other transfer of substantially all of Licensee's stock, or Licensee's assets in the FCC market area where the Equipment is located.

Upon notification to Licensor by Licensee of any assignment, Licensee will be relieved of all future performance, liabilities and obligations under this Agreement to the extent such assignment renders said liabilities or obligations terminated. - 16-
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13. RECORDS; AUDITS.

13.1. Records Required by Code. Licensee will maintain complete records pursuant to all applicable Laws.

13.2. Additional Records. The Licensor may require such additional reasonable non-confidential information, records, and documents from Licensee from time to time as are appropriate in order to reasonably monitor compliance with the terms of this Agreement.

13.3. Production of Records. Licensee shall provide such records within twenty (20) business days of a request by the Licensor for production of the same unless additional time is reasonably needed by Licensee, in which case, Licensee shall have such reasonable time as needed for the production of the same. If any person other than Licensee maintains records on Licensee's behalf, Licensee shall be responsible for making such records available to the Licensor for auditing purposes pursuant to this Section.

14. MISCELLANEOUS PrOVISIONS. The provisions that follow shall apply generally to the obligations of the parties under this Agreement.

14.1. Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement.

14.2. Severability of Provisions. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Agreement. Each party hereby declares that it would have entered into this Agreement and each provision hereof regardless of whether any one or more provisions may be declared illegal, invalid, or unconstitutional.

14.3. Contacting Licensee. Licensee shall be available to the staff employees of any Licensor department having jurisdiction over Licensee's activities 24 hours a day, seven days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. The Licensor may contact by telephone the Licensee's network control center operator at telephone number

14.4. Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in a court of - 17-
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competent jurisdiction in Orange County, California, without waiver of any right of removal.

14.5. Attorneys' Fees. Should any dispute arising out of this Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys' fees.

14.6. "AS IS" condition of Municipal Facilities. Municipal Facilities licensed to Licensee pursuant to this Agreement are licensed to and accepted by Licensee "as is" and with all faults. The Licensor makes no representation or warranty of any kind as to the present or future condition of or suitability of the Municipal Facilities for Licensee's use and disclaims any and all warranties express or implied with respect to the physical, structural, or environmental condition of the Municipal Facilities and the merchantability or fitness for a particular purpose. Licensee is solely responsible for investigation and determination of the condition and suitability of any Municipal Facility for Licensee's intended use. In the event that Licensee determines that any Municipal Facility is not in compliance with Cal OSHA rules and regulations, General Orders 95 and 128 and other applicable laws, Licensee shall notify Licensor in writing of such fact prior to commencing any work or performance involving or related to said Municipal Facility and shall inform Licensor of any and all corrective action necessary to comply with said rules and regulations. Upon notice of non-compliance, City shall comply with the compliance requirements of Cal OSHA rules and regulations, General Orders 95 and 128 and other applicable laws.

14.7. Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the party's respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in Section 4.2 above. This Agreement shall not be revocable or terminable except as expressly permitted herein.

14.8. Amendment of Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties.

14.9. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. In witness whereof, and in order to bind themselves legally to the terms and conditions of this Agreement, the duly authorized representatives of the parties have executed this Agreement as of the Effective Date.

14.10. Non-Exclusive Remedies. No provision in this Agreement made for the purpose of securing enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the - 18-
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enforcement of said terms and conditions, but the remedies herein provided are deemed to be cumulative.

14.11. No Third-Party Beneficiaries. It is not intended by any of the provisions of this Agreement to create for the public, or any member thereof, a third-party beneficiary right or remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Agreement. The duties, obligations, and responsibilities of the Licensor with respect to third parties shall remain as imposed by state law.

14.12. Construction of Agreement. The terms and provisions of this Agreement shall not be construed strictly in favor of or against either party, regardless of which party drafted any of its provisions. This Agreement shall be construed in accordance with the fair meaning of its terms.

14.13. Effect of Acceptance. Licensee (a) accepts and agrees to comply with this Agreement and all applicable federal, state and local laws and regulations; (b) agrees that this Agreement was entered into pursuant to processes and procedures consistent with applicable law; and (c) agrees that it will not raise any claim to the contrary or allege in any claim or proceeding against the Licensor that at the time of acceptance of this Agreement any provision, condition or term of this Agreement was unreasonable or arbitrary, or that at the time of the acceptance of this Agreement any such provision, condition or term was void or unlawful or that the Licensor had no power or authority to make or enforce any such provision, condition or term.

14.14. Time is of the Essence. Time is of the essence with regard to the performance of all of Licensee's obligations under this Agreement.

14.15. Tax Notice. Licensor hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Licensee acknowledges, that this Agreement may create a possessory interest and Licensee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107. Licensee shall pay, when due, all real and personal property taxes, fees and assessments, assessed against the area licensed and the Equipment. [signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be legally executed in duplicate effective as of the Effective Date as defined in the introductory paragraph to this Agreement.

Licensor:

CITY OF
By:

Name:

Title:_
ATTEST:
_ Clerk

APPROVED AS TO FORM

CITY ATTORNEY'S OFFICE
BY:

City Attorney
Licensee:

By:-
Name:

Title:

Exhibits:

Exhibit A - Supplement
Exhibit B - Application
- 20-
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EXHIBIT A

FORM OF SUPPLEMENT

SUPPLEMENT
This Supplement ("Supplement"), is approved by Licensor this _ day of (the date executed by all parties, referred herein as
"Supplement Effective Date").

Supplement. Licensee has submitted an application for approval to use a Municipal Facility pursuant to that certain Municipal Facility License Agreement between Licensor and Licensee dated _ 20_ ("Agreement"). Licensor has reviewed the application and grants approval subject to the terms of this Supplement.

All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement.

In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein.

Licensed Area Description and Location. Licensee shall have the right to use the space on the specific Municipal Facility (the "Licensed Area") depicted in Attachment 1 attached hereto to install Equipment as further listed in Attachment 2 attached hereto.

Equipment. The Equipment to be installed at the Licensed Area is described and depicted in Attachment 1.

4. Term. The term of this Supplement shall commence on the Supplement Effective Date and continue for in the life of the Agreement, as described in Paragraph 2 of the Agreement. Per paragraph 2.2, for all Supplements not in existence for at least 6 years, said Supplement shall survive the termination of the Agreement for 6 years from the Supplement Effective Date, and shall automatically terminate thereafter.

License Fee. The initial License Fee for this Supplement shall be as follows per year: _. License Fee is subject to annual increase as
provided in Paragraph 5.2 of the Agreement, and is payable in accordance with Paragraph 5.1.

Performance Bond. The amount of the Performance Bond shall be

7. Miscellaneous.
[signature page follows]
A-1
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be legally executed in duplicate, effective upon execution by all parties.

Licensor:

By:_
Name:

Title:

Date:

Licensee:

By:

Name:

Title:

Date:

Attachments:

Attachment 1 - Licensed Area
Attachment 2 - Equipment List and Description
A-2
Attachment 1
Licensed Area
[site plan showing licensed area of applicable Municipal Facility and showing proposed Equipment installation]
A-3
Attachment 2
Equipment List and Description
A-4

EXHIBIT B

APPLICATION TO USE MUNICIPAL FACILITY
Applicant: Date:

Licensee: Applicant/License#:

Type of Alteration Equipment Equipment Equipment
Municipal Required Weights Dimensions
Facility (provide both (1) the
overall height of Municipal
Facility with added
Equipment; and (2) the
height of individual
Equipment)
[street light] [Pole
[traffic light] Reinforcement]
[other, specify] [Pole
Replacement]
[Nonel
APPLICANT SHALL PROVIDE THE FOLLOWING AS APPLICABLE:
• Site plan and engineering design and specifications for installation of Equipment, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modification, and ADA compliance.
• Include a load bearing study that determines whether the pole requires reinforcement or replacement in order to accommodate attachment of proposed Equipment.
• If the proposed installation will require reinforcement or replacement of an existing pole, provide applicable design and specification drawings. • The number, size, type and proximity to the facilities of all communications conduits) and cables to be installed
• Description of the utility services required to support the facilities to be installed. • List of the contractors and subcontractors, and their contact information, authorized to work on the project.

APPLICANT REPRESENTATIVE:

PRINT NAME:

TITLE:

B-1

ATTACHMENT C
Resolution No. 2022-1404, Communication Facility
Permit Fees
RESOLUTION NO. 2022-1404

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

NIGUEL ESTABLISHING AND ADOPTING FEES AND

CHARGES FOR COMMUNICATION FACILITIES IN THE PUBLIC

RIGHTS-OF-WAY

THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL DOES HEREBY DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:

WHEREAS, the City of Laguna Niguel ("City") is empowered to impose reasonable tees, rates, and charges for municipal services and regulatory programs. California Government Code Sections 50030 and 66000 et seq. authorize the City to adopt fees for municipal services, provided such fees do not exceed the cost to the City for providing the services. Periodically, the City Council determines that fees, rates, and charges should cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City.

WHEREAS, pursuant to the Federal Communications Commission ("FCC") Declaratory Ruling and Third Report and Order in WT Docket No. 17-79, WC Docket No. 17-84, local government fees in connection with applications for certain communication facilities must represent a reasonable approximation of the local government's objectively reasonable costs, and are non-discriminatory.

WHEREAS, the City has heretofore established various schedules of rates, fees and charges for services provided by the City, including fees for processing administrative permits, the costs reasonably borne by the City in providing such services, the beneficiaries of such services, and the revenues produced by those paying fees and charges for the services. The latest of the development processing and permit fees was adopted on February 2, 1999, by Resolution No. 99-542.

WHEREAS, the City conducted an analysis of the services and related costs associated with the services necessary for processing Communication Facility Permits, including new, amended and renewal permits. This includes, without limitation, costs related to application review, permit issuance, site inspection and monitoring, and any other recurring and non-recurring costs reasonably related to, or caused by, the request for authorization and the permit to construct, install, and/or operate a communication facility.

The results of this analysis determined that such services and costs are equivalent to those related to the processing of an administrative minor conditional use permit,and were constant over all Communication Facility permit application types including new, amended, and renewal. The previous study and additional analysis set forth a mechanism to ensure that fees adopted by the City do not exceed the reasonable estimated cost for providing the services for which the fees are charged.

WHEREAS, A one-eighth page notice of this public hearing item describing the project, date, time and location of the hearing was advertised twice, seven (7) days apart, in the Orange County Register - Coastal Current News (formerly Laguna Niguel News) at 1 least 10 days prior to the hearing date of July 19, 2022. A notice was also posted at City Hall and on the City's website.

WHEREAS, the City Council finds and determines that there is no possibility that the adoption of fees Will have a significant effect on the environment. Accordingly, this Resolution is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15273(a). Rates, Tolls, Fares, and Charges, of the California Environmental Quality Act (CEQA) Guidelines, which states that "CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits," or Sections 15061(b)(3) and 15378 of Division 6 of Title 14 of the California Code of Regulations. In addition, the adoption of this Resolution approves and sets forth a procedure for establishing reasonable costs, fines, and penalties for the purpose of meeting increased operating expenses of City departments and is, therefore, exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et seq.) pursuant to Public Resources Code Section 21080(b)(8)(A) and Section 15273(a)(1) of Division 6 of Title 14 of the California Code of Regulations.

WHEREAS, after conducting a duly noticed public meeting on July 19, 2022, the City Council hereby determines that the proposed fee of $1,600.00 is the estimated cost reasonably borne or a substantial portion of the actual cost of the services provided by the City, as described herein.

NOW, THEREFORE BE IT RESOLVED, based upon the foregoing, the City Council hereby establishes the fee for a Communication Facilities Permit, new and renewal, processed pursuant to Section 7-1-140 of the Laguna Niguel Municipal Code, to be $1,600.00. The permit application fee is based on the City's fully burdened, minimum cost to process a typical application for a communications facility, as defined. Should an application review take longer than typical due to unforeseen complexities, and the fee be inadequate for capturing the costs related to application review, the original fee shall be treated as a deposit and additional deposits shall be required until the cost of processing the application is recovered. The City Council hereby finds that the fee will not exceed the PASSED, APPROVED AND ADOPTED this 19th day of July, 2022.

Elaine Gennawey, Mayor
2 ATTEST:

Marissa Asistin, City Clerk

CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF ORANGE

LAGUNA NIGUEL
1, Marissa Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Resolution No. 2022-1404 which was adopted at a regular meeting of the City Council of the City of Laguna Niquel. California, held on July 19, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Marissa Asistin, City Clerk
3