2010 JANUARY - Laserfiche WebLink

683 18.110.280 2. The personal wireless service facility fails to comply with the requirements of this chapter as they exist at the time of renewal, and the personal wireless service provider has failed to supply assurances acceptable to the zoning administrator that the facility will be brought into compliance within 90 days. 3. The personal wireless service provider has failed to comply with the conditions of approval imposed. 4. The personal wireless service facility has not been properly maintained. 5. The personal wireless service provider has not agreed in writing to upgrade the personal wireless service facility within six months to minimize the facility's adverse visual impact to the greatest extent permitted by the technology that exists at the time of renewal. The zoning administrator shall determine if a new technology shall further minimize a facility's adverse visual impact and if a facility shall be required to be upgraded. A personal wireless service facility shall not be upgraded unless it shall continue to comply with the requirements of this chapter as they exist at the time of renewal. Notwithstanding the foregoing, no public hearing to schedule a denial of an extension pursuant to this section shall be calendared until the zoning administrator has first provided a written notice to the personal wireless ser- vice provider including with reasonable specificity: (a) the nature of the deficiency or violation; (b) a reasonably ascertainable means to correct such deficiency or violation; and (c) a reasonable opportunity to cure the same if the deficiency or violation is curable, which time period in no event shall be less than 30 days from the date of notification or such lesser period as may he warranted by virtue of a public emergency. B. If an approved personal wireless service facility meets the requirements of this chapter but it is no longer allowed in its applicable zoning district, the personal wireless service facility shall be permitted to remain for five years from the date of the facility's next approval renewal, or until such time as the lessor's lease, including renewals, with the property expires, or the city council takes action pursuant to Section 18.110.260(F) of this chapter. A nonconforming personal wireless service facility shall not be altered or modified unless approved by the zon- ing administrator subject to a determination that the alteration or modification will cause the personal wireless service facility to be in greater conformance with this chapter. C. The zoning administrator's decision to deny a renewal may be appealed as described in Section 18.144.050 of this title. D. At the zoning administrator's request, the personal wireless service provider shall provide a written summary certifying the commencement date and expiration date of any lease, license, property right, or other use agree- ment for the personal wireless service facility, including any options or renewal terms contained therein. F. An approval for a personal wireless service facility may be modified or revoked by the planning commission as described in Section 18.1 10.030 of this chapter. This section does not apply to preexisting legal nonconforming uses. (Ord. 2000 § 1, 2009; Ord. 1743 § 1, 1998) 18.110.280 Change in federal or state regulations. All personal wireless service facilities shall meet the current standards and regulations of the Federal Communi- cations Commission, the California Public Utilities Commission, and any other agency of the federal or state govern- ment with the authority to regulate personal wireless service providers. If such standards and regulations are changed, the personal wireless service provider shall bring its facilities into compliance with such revised standards and regula- tions within 90 days of the effective date of such standards and regulations, unless a more stringent compliance sched- ule is mandated by the controlling federal or stale agency. Failure to bring personal wireless service facilities into com- pliance with such revised standards and regulations shall constitute grounds for the immediate removal of such facili- ties at the personal wireless service provider's expense. (Ord. 1743 § 1, 1998) 18.110.290 Indemnity and liability. A. The personal wireless service provider shall defend, indemnify and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project, unless such claim, action, or proceeding is based on the city's negligence or misconduct, when such claim or action is (Pleasanton Supp No. 3, 1 -10)