17.10.110 Special Provisions for Section 6409 Approvals

(a) Applicability. This Section applies to all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409. For all such requests, the applicant shall seek a wireless permit under Section 17.10.040(a), and except for the notice requirements in Section 17.10.050(d), comply with all other requirements in this Chapter and any special Section 6409 requirements as provided in the Design Standards and Application Requirements.

(b) Additional Section 6409 Definitions. In addition to the definitions in Section 17.10.020, the abbreviations, phrases, terms and words used in this Section will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this Section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this Section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

(1) Eligible Support Structure means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended.

(2) Existing means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(5), as may be amended.

(3) Section 6409 request means all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409.

(4) Substantial change or Substantially change means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended.

(c) Required Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way submitted with a written request for approval under Section 6409 as indicated in the application form, shall require approval of a wireless permit under the general standards and procedures of this Chapter, unless specified otherwise or excepted, as well as any additional Section 6409 special provisions as provided in this Section and the Design Standards and Application Requirements.

(d) Additional Required Findings for Section 6409 Request Approval. The city staff may approve or conditionally approve a wireless permit application for a Section 6409 request when the city staff finds that the proposed project meets the approval requirements in this Chapter and the Design Standards and Application Requirements, as well as the following additional required findings:

(1) involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;

(2) does not substantially change the physical dimensions of the existing wireless tower or base station; and

(3) remains in compliance with all applicable FCC RF standards.

(4) Criteria for Denial without Prejudice. Notwithstanding any other provision in this Chapter, and consistent with all applicable federal laws and regulations, the city staff may deny without prejudice any application for a Section 6409 request when the city staff finds that the proposed project:

(A) does not meet the findings required in Section 17.10.110(d);

(B) involves the replacement of the entire eligible support structure; or

(C) violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety.

(e) Appeals. Any applicant may appeal the city staff's written decision to deny without prejudice an application for Section 6409 request to the Director of Public Works within five (5) calendar days of the notice of decision. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within five calendar days from the city staff's written decision and must state in plain terms the grounds for reversal and the facts that support those grounds. The Director of Public Works shall be the appellate authority for all appeals from the city staff's written decision to deny without prejudice an application for section 6409 approval. The Public Works Director shall review the application de novo; provided, however, that the Public Works Director's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The Director of Public Works shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.