5.38.110 Master permit approval.
A. The City Council shall review the master permit application as follows:
|
Permit Procedure |
Requirement Status |
|---|---|
|
Optional Pre-Application Meeting |
Yes |
|
Notice of Application |
Yes |
|
Comment Period |
14 days |
|
Recommendation By |
None |
|
Pre-Decision Open-Record Hearing |
Yes, before City Council |
|
Closed-Record Decision Hearing |
No |
|
Decision By |
City Council |
|
Notice of Decision |
Yes |
B. In the event the Council finds that the master permit application conforms to the requirements of this chapter and the criteria for approval set forth in subsection C of this section, the Council must approve the master permit, and may impose conditions that are reasonably necessary to protect the public health, welfare, and safety and to mitigate any impacts resulting from the use. The Council will provide the reasons for a denial in writing, supported by substantial evidence contained in the written record based on the criteria set forth below. Following approval, the applicant and the Council must enter into a written agreement setting forth the particular terms under which the applicant has been granted the right to occupy and use the public ways of the city.
C. In evaluating a master permit application under this chapter, the Council will, consistent with federal and state law, examine the following criteria:
1. Whether all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies have been obtained by the applicant;
2. The capacity of the public right-of-way to accommodate additional utility and wireless telecommunications facilities if the master permit is granted;
3. The effect, if any, on public health, safety and welfare if the master permit is granted;
4. The availability of reasonable alternate routes and/or locations in the right-of-way for the proposed facilities;
5. Whether denial of the use of the right-of-way would materially inhibit or limit the ability of the service provider to compete in a fair and balanced regulatory environment.
6. Applicable federal, state, and local statutes, regulations, ordinances, and policies related to utility, wireless telecommunications, and other facilities, including city construction standards;
7. Such other factors as may demonstrate that the grant to use the public right-of-way will serve the community interest;
8. The duration of a master permit is five years unless revoked or modified under the provisions of this chapter;
9. No master permit granted under this chapter confers any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the city for delivery of wireless services or any other purposes. Further, no master permit may be construed as a right, title or interest in the public ways, but is the right solely to use and occupy the public rights-of-way for the limited purposes and terms stated within the grant. No master permit may be construed as a warranty of title. (Ord. 3039 § 2, 2019)