A. Review and Notice. Applications submitted to the city will be promptly processed and reviewed. Applicants will be notified of incomplete applications as promptly as possible. After an application has been deemed incomplete, in order to proceed further in the application process, applicants shall provide such supplemental information to address the incompleteness or insufficiencies identified in the city's notice.
1. An application for a Small Cell Attachment Permit shall be reviewed by the Zoning Administrator, or such other person designated by the City Manager.
2. Following determination of a complete application, the applicant shall mail "Notice of Application to Install Small Cell Wireless Facility" to all properties, and the owners of such property, within five hundred (500) feet of the proposed site(s). The applicant shall also schedule a neighborhood outreach meeting involving residents and businesses within the radius area as described in this subsection within two (2) weeks of submittal of an application. Applicant shall submit an affidavit to the Zoning Administrator that the mailing of notice and community meeting occurred as required by this subsection.
3. If the Zoning Administrator determines that a complete application meets the requirements of this chapter, the Zoning Administrator shall schedule a public hearing regarding the application, at which time any interested persons may provide comment on the application. Notice of the hearing shall be provided in accordance with the requirements of Section 17.10.050, except that notice shall be sent to the all properties and the owners of such property within five hundred (500) feet. In addition, applicant shall be responsible for providing the Zoning Administrator with postage prepaid envelopes addressed to all properties, and the owners of such property, within five hundred (500) feet.
4. After the conclusion of the public hearing, the Zoning Administrator shall determine whether the application(s) meet(s) the requirements of this chapter, and any other requirements established by the City Council, and shall approve applications that comply with all such requirements. The Zoning Administrator shall provide notice of the decision in the same manner as required by subsection (hearing shall be provided in accordance with the requirements of Section 17.77.070(A)(3)). Applicant shall be responsible for providing the Zoning Administrator with postage prepaid envelopes addressed to all properties, and the owners of such property, within five hundred (500) feet.
B. Pre-Submittal Actions. To ensure complete submissions, applicant(s) for small cell wireless facilities are encouraged to complete the following tasks prior to the Zoning Administrator scheduling a public hearing regarding an application:
1. Participate in a pre-submittal meeting with city staff.
2. Schedule a Neighborhood Outreach meeting involving residents and businesses within the radius area as described in section A above.
C. Financial Assurances. Prior to obtaining a permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.
D. Permit Approval and Installation. No small cell wireless facility shall be installed unless and until the city has issued a Small Cell Attachment Permit, an encroachment permit and building permit for that particular small cell wireless facility.
E. Modification of Requirements. The City Council may waive or modify requirements of this chapter if denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of state or federal law. The applicant shall have the burden of proving that the denial would result in such a violation. (Ord. 2019-03 § 7, 2019)