(A) Findings required for all applications. No permit shall be shall be approved or conditionally approved for any wireless telecommunications facility or wireless telecommunications collocation facility subject to this chapter unless all of the following findings are made by the Director:
(1) All notices required for the proposed deployment have been given by the applicant.
(2) The applicant has provided substantial written evidence supporting the applicant’s claim that it has the right to enter and use the PROW pursuant to state or federal law, or the applicant has entered into a franchise or other agreement with the city permitting them to enter and use the PROW.
(3) The applicant has demonstrated that the WTF complies with all applicable dimensions, slope, configuration, design, aesthetic and development standards required by this chapter.
(4) General landscaping considerations as outlined in this chapter or the rules and guidelines, when applicable, have been complied with to complement the facility, structures and antenna, provide an attractive environment and preserve natural features and elements.
(5) The applicant has demonstrated that the WTF will not interfere with access to or the use of the PROW, existing subterranean infrastructure, or the city’s plans for modification or use of such PROW location and infrastructure.
(6) The applicant has demonstrated that the WTF will not cause any interference with city or other governmental emergency operations, as evidenced by competent evidence.
(7) The proposed WTF has been designed to minimize its visual and environmental impacts, including but not limited to through the utilization of stealth technology and concealment elements in accordance with the requirements of this section and the rules and guidelines that are published on the city’s website.
(8) The applicant has demonstrated that the proposed WTF is in compliance with all federal and/or state requirements, including but not limited to, FCC and CPUC requirements, and to all applicable RF emissions standards and all other requirements of any federal and/or state agency.
(9) The applicant has demonstrated that the proposed WTF complies with all noise standards and limits imposed by this section or the permit.
(10) The applicant has demonstrated that the proposed WTF has been designed and located in compliance with all applicable provisions of this chapter and all applicable Construction Codes.
(11) The proposed WTF has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.
(12) The applicant has submitted a statement of its willingness agreement to allow other carriers to collocate on the proposed WTF wherever technically and economically feasible and where collocation would not harm community compatibility.
(13) The proposed WTF conforms with all applicable provisions of this section and federal and state law.
(14) The findings required by this division shall be in addition to any other findings required for approval of a ministerial permit under this code.
(B) Additional findings for facilities not collocated. To approve a wireless telecommunications antenna that is not collocated with other existing or proposed WTFs or a new or replacement ground-mounted antenna, monopole, or lattice tower, the Director shall be required to also find that collocation or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:
(1) Would have more significant adverse effects on views or other environmental considerations;
(2) Would impair the quality of service to the existing facility; or
(3) Would require existing WTFs at the same location to go off-line for a significant period of time.
(C) Required findings for EFP approval.
(1) The Director shall approve or conditionally approve an application for an EFP pursuant to Section 6409(a) and this section if the Director makes all of the following findings:
(a) The applicant has provided all forms, notices, information, materials, and documentation for the proposed facility required by this section;
(b) The proposed facility is for the collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;
(c) The proposed facility does not constitute a substantial change to the physical dimensions of the existing wireless tower or base station, as defined in § 12.52.020; and
(d) The proposed facility otherwise qualifies as an eligible facility under then-existing provisions of Section 6409(a).
(2) Criteria for denial. In addition to any other alternative recourse permitted under federal law, and consistent with all applicable federal laws and regulations, the Director may deny without prejudice an application for approval of an EFP when the Director finds that the proposed facility:
(a) Violates any legally enforceable standard or permit condition related to compliance with generally applicable disability access, Construction Codes, and/or other traffic, public health and safety codes;
(b) Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect;
(c) Involves the replacement of the entire support structure; or
(d) Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.
(3) Denial without prejudice. Any denial of an eligible facility request shall be without prejudice to the applicant or the facility. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for an eligible facilities request as appropriate.
(4) Deemed approved.
(a) If the city fails to act on an EFP application within the 60-day review period referenced in § 12.52.050(F)(2) (subject to any tolling pursuant to written agreement or notice of incomplete application pursuant to § 12.52.050(G)(2)), the applicant may provide the city written notice that the time period for acting has lapsed.
(b) An EFP deemed approved pursuant to Section 6409(a) shall comply with all applicable Construction Codes, traffic, or other health and safety requirements of the code deemed applicable by the Director, including, without limitation, obtaining an encroachment permit from the city and any authorization or permit needed by the owner of the facility or pole.
(5) Effect of changes to federal law. This division does not and shall not be construed to grant any rights beyond those granted by Section 6409(a) and its implementing federal regulations. In the event Section 6409(a) or applicable regulations are stayed, amended, revised or otherwise not in effect, no modifications to an eligible facility shall be processed or approved under this division (C) or any other provision of this code.
(Ord. 2021-09 § 5 (part), 2021)