13.16.090 Small cell modification permit.
A. Small Cell Modification Permit Required. A small cell modification permit is required prior to (1) replacing transmission equipment at a permitted small cell facility that increases the overall volume or height of the small cell facility or (2) adding new transmission equipment to a permitted small cell facility.
B. Application. The director shall specify, in writing, application submittal requirements and provide official application forms. The director may waive specific submittal requirements determined to be unnecessary for review of any particular application. The director may require additional material when the director determines such material is needed to adequately assess the proposed project.
C. Application Fee. All applications for small cell permits pursuant to this chapter shall be accompanied by a reasonable application fee in an amount to be determined by city council by periodic resolution to cover the city’s costs in processing the application, including application review, permit issuance and facility inspection.
D. Completeness Review. The department shall notify the applicant within 10 business days of receiving the application whether the application is complete.
1. If the application is complete, the department shall process the application in accordance with this section.
2. If the application is incomplete, the department shall provide the applicant with a written statement listing the additional information that is needed to make the application complete and the basis for requiring the submission of such information. The department shall not process an application until the applicant has submitted all of the required information.
3. The department may issue additional notices that an application is incomplete if any supplemental submittal does not contain all of the information requested by the department in the original notice of incompleteness. The department shall issue any such additional notices within 10 business days of receipt of the supplemental submission to which such additional notice pertains.
E. Action on Permit. The department shall issue its final decision within the following time frames:
1. The department shall approve a modification application that constitutes an “eligible facilities request” (as defined in this chapter) within 60 days of submittal of the application, subject to tolling, unless another time period is agreed to in writing. If the modification application constitutes an eligible facilities request and the department has not issued a final decision approving or denying the application within 60 days of submittal, accounting for any tolling, the applicant may notify the department in writing that the permittee has deemed the application granted. Absent such a notice, the applicant may not claim the application has been deemed granted.
2. The department shall approve, condition or deny all other modification applications within 90 days of submittal of the application, subject to tolling, unless another time period is agreed to in writing. The department’s determination shall be based upon whether the proposed modified facility complies with the requirements of this chapter.
3. Tolling. The applicable time period shall commence on the date of submission of the original modification application, whether or not complete; provided, that the running of the applicable time period shall be tolled upon timely issuance by the department of a notice that the application is incomplete. The review period shall restart on the date that the applicant has provided the department with all of the information required for a complete application. [Ord. 2018-09-014 § 1].