12.18.040 Wireless telecommunications facility permit requirements.
A. Major Wireless Telecommunications Facilities Permit. All new wireless facilities or collocations or modifications to existing wireless facilities in public right-of-way shall require a major wireless telecommunications facilities permit subject to planning commission approval unless otherwise provided for in this chapter.
B. Administrative Wireless Telecommunications Facilities Permit.
1. An administrative wireless telecommunications facilities permit, subject to the director’s approval, may be issued for new facilities or collocations or modifications to existing facilities that meet all the following criteria:
a. The proposal is not located in any location identified in Section 12.18.170, Location restrictions--Locations requiring an exception.
b. The proposal complies with all applicable provisions in this chapter without need for an exception pursuant to Section 12.18.160, Exceptions.
2. The director may, at the director’s discretion, refer any application for an administrative wireless telecommunications facilities permit to the planning commission for approval.
3. In the event that the director determines that any application submitted for an administrative wireless telecommunications facilities permit does not meet the criteria of this code, the director may convert the application to a major wireless facilities permit application and refer it to the planning commission.
C. Other Permits Required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other city departments, state or federal agencies.
D. Eligible Applicants. Only applicants who have been granted the right to enter the public right-of-way pursuant to state or federal law, or who have entered into a franchise agreement with the city permitting them to use the public right-of-way, shall be eligible for a permit to install or modify a wireless telecommunications facility or a wireless telecommunications collocation facility in the public right-of-way.
E. Speculative Equipment Prohibited. The city finds that the practice of "pre-approving" wireless equipment or other improvements that the applicant does not presently intend to install but may wish to install at some undetermined future time does not serve the public’s best interest. The city shall not approve any equipment or other improvements in connection with a wireless telecommunications facility permit when the applicant does not actually and presently intend to install such equipment or construct such improvements. (Ord. 676 §1(4), 2016).