20.08.040 Determination by the city.
Recognizing that the city is under no obligation to approve a facilities lease for the use of city property, the city shall attempt to consider and take action on applications for facilities leases within 180 days from the time of reaching a determination of completeness, under ACC 20.08.030. When such action is taken, the director or designee responsible for the property shall issue a written determination granting or denying the lease in whole or in part. If the lease is denied, in whole or in part, the written determination shall include the reason(s) for denial. The decision to grant or deny an application for a facilities lease shall be based upon, but not be limited to, the following criteria:
A. The capacity of the city property to accommodate the applicant’s proposed facilities.
B. The capacity of the city property to accommodate additional utility and telecommunications facilities if the lease is granted.
C. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted.
D. The public interest in minimizing the cost and disruption of construction upon city property.
E. The service and public benefit that applicant will provide to the community and region.
F. The effect, if any, on public health, safety, and welfare if the lease requested is approved.
G. Whether the applicant is in compliance with applicable federal and state telecommunications laws, regulations and policies, including, but not limited to, the registration requirements administered by the Washington Utilities and Transportation Commission.
H. The potential for radio frequency and other interference with existing public and private telecommunications or other facilities located upon the city property.
I. The potential for radio frequency and other interference or impacts upon residential, commercial, and other uses located within the vicinity of the city property.
J. Whether the city’s property zoning supports the proposed land use.
K. Demonstrated ability and commitment to meet city bonding requirements in Chapter 12.24 ACC.
L. Such other factors as may demonstrate that the lease to use the city property does not serve the community interest.
M. Other criteria determined to be necessary or appropriate to the public health, safety, or welfare of the community. (Ord. 6798 § 3 (Exh. C), 2020; Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)