§ 17.39.030. Application process.

Prior to the installation of a personal wireless service facility, the owner or occupant, with written permission from the owner of the lot, premises, parcel of land, or building on which a personal wireless service facility is to be installed, shall first obtain city approval, which requires either a conditional use permit (CUP) from the city (in accordance with Chapter 17.68) or an administrative approval by the planning director.

A.

Conditional use permit process requires the following to be submitted to the planning department:

1.

Completed planning service request application including:

a.

Name, address, and telephone number of the applicant(s) and the owner of the lot, premises, parcel of land, or building,

b.

Five-hundred-foot radius map from the boundaries of the parcel of land and a list of corresponding property owners' addresses,

c.

CUP filing fee as established by resolution of the city council. Such fee is collected at the time the completed application is submitted to the city for review;

2.

A plot plan of the lot, premises or parcel of land, showing the exact location of the proposed personal wireless service facility (including all related equipment and cables), exact location, and dimensions of all buildings, parking lots, walkways, solid waste enclosures, etc., and property lines;

3.

Building elevations and roof plan (for building and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides;

4.

Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the personal wireless service facility;

5.

Manufacturer's specifications, including installation specifications, exact location of wiring, materials, color, and any support devices that may be required;

6.

A silhouette or mock-up of the proposed personal wireless service facility including all proposed antenna structures, antennas, and related accessory equipment constructed at least fourteen days prior to the planning commission hearing to assess aesthetic impacts to surrounding land uses and public rights-of-way;

7.

A certified noninterference statement from a licensed engineer stating that the personal wireless service facility will not interfere with the usual and customary transmission or reception of radio, television, etc., services of adjacent land uses;

8.

Certified documentation by a licensed engineer demonstrating that any proposed personal wireless service facility will comply with the most current allowable radiation standards as allowed by the FCC for non-ionizing electromagnetic radiation (NIER) and electromagnetic fields (EMF). In the event that certified documentation cannot be submitted, the city may hire a consultant to evaluate the potential NIER or EMF of the proposed facility. The fee charged by the consultant shall be paid by the applicant. In the event only a preliminary statement is submitted with the application, a final certified statement shall be provided to the city within thirty days after the installation of the personal wireless service facility;

9.

Any other information as deemed necessary in order to grant a conditional use permit may be requested by the city, given the particular circumstances of a request for the installation of a personal wireless service facility;

10.

A building permit issued from the city's building department for any personal wireless service facility approved by the city;

11.

Any conditional use permit application for a personal wireless service facility denied or approved by the planning commission may be appealed to the city council under Chapter 17.68 of this code.

B.

Administrative Approval Process.

1.

Administrative approvals shall be considered on a case-by-case basis and shall only apply to the following types of personal wireless service facilities:

a.

Concealed facilities such as in the case of an indoor facility within an existing structure or a roof-mounted facility located on or behind a parapet wall, a mechanical room or similar structure, such that the facility does not exceed the top of the parapet wall, mechanical room or other similar structure, and is not highly visible from surrounding land uses, as determined by the planning director. Building facade-mounted and/or architecturally integrated facilities shall also be considered for an administrative approval if the facility would not be readily visible from surrounding land uses, as determined by the planning director. Related accessory cabinets and cabling shall also be concealed to the satisfaction of the planning director;

b.

Any request for an administrative approval shall demonstrate compliance with all applicable design guidelines and standards (Sections 17.39.040 and 17.39.050) respectively, as set forth in this chapter. Any application deviating from the design guidelines and standards shall not be eligible for an administrative approval. The planning director may require that a conditional use permit application be filed for a personal wireless service facility that does not meet the above requirements for an administrative approval.

2.

The following processing procedures shall apply for an administrative approval:

a.

An application for an administrative approval shall be made to the planning director in the form of a completed planning service request application, accompanied by a fee. The fee shall be one-half of the cost of a conditional use permit as set forth by resolution of the city council.

b.

The required information as listed for a conditional use permit under subsection A of this section shall also be submitted for an administrative approval with the exception of the following subsections of this section: (A)(9) and (A)(11). Subsection (A)(6) of this section shall be modified to require a silhouette or mock-up to be erected ten days prior to the planning director's decision.

c.

Notice of the application shall be given to all owners of contiguous and adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the planning director. Based on the particular circumstances of a proposed facility, the planning director may require a five-hundred-foot radius map from the boundaries of the parcel of land and a list of corresponding property owner's addresses to notify all property owners within a five-hundred-foot radius of the proposed facility in lieu of only contiguous and adjacent property owners. After receiving a request for an administrative approval for a personal wireless service facility, the planning director shall either grant approval with appropriate conditions or require a conditional use permit application to be filed for planning commission review. In the event that a conditional use permit application is required, the applicant shall pay the remaining portion of fees required for a conditional use permit application. The applicant, all owners of contiguous and adjacent property (or within a five-hundred-foot radius, if applicable) and members of the planning commission and city council shall be mailed a copy of the director's decision. The decision shall be final unless appealed by a party in interest within twenty calendar days of the date of the mailing of the decision.

d.

If an appeal is filed with the planning commission, a fee shall be collected equal to one-half of that required fee for an administrative approval. The commission shall review the decision of the director at its next regular meeting after the appeal is filed. Notice of the meeting shall be mailed to all contiguous and adjacent property owners (or within a five-hundred-foot radius if applicable). The commission, upon reviewing the record of the proceedings before the director and the appeal, shall either sustain, overturn, or modify the director's decision. The decision of the commission shall be final unless appealed to the city council by a party in interest, or appealed by the city council on its own motion, within twenty calendar days of the decision.

(Ord. 629 § 17, 2005; Ord. 587 § 1 (part), 1997)