9661.7. - Findings.

A.

In addition to findings necessary to approve a conditional use permit or minor conditional use permit, as applicable, no permit shall be granted for a wireless telecommunications facility or a wireless telecommunications collocation facility unless all of the following findings are made by the reviewing authority:

1.

The proposed facility has been designed and located in compliance with all applicable provisions of this division.

2.

The proposed facility has been designed and located to achieve compatibility with the community.

3.

The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.

4.

Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this division.

B.

In addition to the findings in [subsection] A. above, approval of a permit for a wireless telecommunications facility or a wireless telecommunications collocation facility that will be located in the public right-of-way may be granted only if the following findings are made by the reviewing authority:

1.

The applicant has provided substantial written evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way.

The applicant has demonstrated that the facility will not interfere with the use of the public right-of-way and existing subterranean infrastructure and will not interfere with the city's plans for modification of such location and infrastructure.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.8. - Agreement for facilities on city-owned property or public right-of-way.

A.

No approval granted under this division for locating facilities on city-owned property or in the public rightof-way shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy city-owned property or the public right-ofway, or both, shall be used or maintained. Such agreement shall include, but not be limited to, the following:

1.

Inspection and maintenance requirements.

2.

Indemnification of the city.

3.

Insurance requirements.

4.

Waiver of monetary damages against the city.

5.

Removal, restoration and clean-up requirements.

Requirement to pay possessory interest taxes, if any.

(Ord. No. 11-387, § 7, 8-24-2011)