2010 JANUARY - Laserfiche WebLink

18.1 10.270 D. Within eight months from the effective date hereof, the zoning administrator shall review the approval for all personal wireless service facilities approved prior to the effective date hereof to determine if they are conforming or nonconforming uses. E. Any personal wireless service facility approved by the city prior to the effective date hereof shall cease Opera- tions within six months of the enactment of the ordinance codified in this chapter and shall be immediately re- moved, unless the personal wireless service facility submits the materials required in subsection A of this section. F. The zoning administrator shall determine which nonconforming uses, including preexisting nonconforming uses as defined in subsection B of this section, are to be submitted to the city council for review. The zoning adminis- trator shall base his or her decision on substantial evidence that the nonconforming use is a threat to the public health, safety and general welfare, and /or materially injurious to the properties or improvements in the vicinity. The city council shall then hold a noticed public hearing. The personal wireless service provider shall be provided written notice, not less than 30 days prior to the hearing, including, with reasonable specificity: (I) the nature of the threat and /or material injury and copies of all of the evidence and materials upon which the zoning administrator based his or her determination, (2) a reasonably as- certainable means to correct the threat and /or material injury, if possible, and (3) a reasonable opportunity to cure the same, if curable, which time period in no event shall be less Than 30 days from the date of notification or such lesser time period as may be warranted by virtue of a public emergency. At the hearing, the city council shall accept evidence from the personal wireless service provider, the public, and any other interested persons in determining whether substantial evidence supports the finding that the noncon- forming use is a threat to the public health, safety and general welfare, and /or materially injurious to the proper- ties or improvements in the vicinity; and if the city council so determines, it shall also determine whether to: I. Require modifications of such personal wireless service facility to eliminate the threat to the public health, safety and general welfare, and /or the material injury to the properties or improvements in the vicinity; 2. Immediately eliminate such personal wireless service facility by paying the provider just compensation pursuant to the procedures set forth in the Eminent Domain Law, California Code of Civil Procedure, Sec- tion 1230.010 et seq.; or 3. Subject such nonconforming use and /or structure to the provisions of Chapter 18.120 of this title, including Table 18.120.060 of this title. G. If the city and the provider voluntarily agree on just compensation to remove the nonconforming facility pursuant to subsection (F)(2) of this section, the city and the provider shall thereafter enter into an agreement for just com- pensation and the removal of the facility. If the parties cannot voluntarily agree, then the detennination of just compensation and the removal of the facility shall be determined under the applicable law. H. The remedies for the removal of nonconforming uses set forth in this section are not exclusive. city retains the right to use any and all other means legally available to remove a nonconforming facility. (Ord. 1743 § 1, 1998) 18.110.270 Length of approvals. A. All approvals for personal wireless service facilities shall be valid for an initial maximum period of five years. An approval may be extended administratively from the initial approval date for a subsequent five years and may be extended administratively every five years thereafter upon the verification of the personal wireless service pro- vider's continued compliance with the findings and conditions of approval under which the application was origi- nally approved. Costs associated with the review process shall be borne by the personal wireless service provider. The zoning administrator may schedule a public hearing at which the zoning administrator may deny the renewal of an approval if he or she finds that: I . The report showing that the personal wireless service facility complies with the current Federal Communi- cations Commission radio frequency standards, as required in subsection 18.110.160(E)(2) of this chapter, has not been submitted to the planning division. (Plrasnnbn Supp. No. 3, 1 -10) 682