RES 2026024 - Laserfiche WebLink

wireless facility and the"minimum years" allowed will be measured from the date on which this policy becomes effective. Fair Market Value Minimum Years on Effective Date Allowed less than $50,000 .5 $50,000 to $500,000...... ... .10 greater than $500,000... ... ... 15 The Director may grant a written extension to a date certain when the wireless facility owner shows (i) a good faith effort to cure non-conformance; (ii) the application of this section would violate applicable laws; or(iii)extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Director may not grant any permanent exemption from this section. Nothing in this section is intended to limit any permit term to less than 10 years for any permit granted on or after January 1, 2016. In the event that the amortization required in this section would reduce the permit term to less than 10 years for any permit granted on or after January 1, 2016, then the minimum years allowed will be automatically extended by the difference between 10 years and the number of years since the City granted such permit. Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility. Section 15. SPECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION (a) Preface. The provisions in this Section 15 establish a procedure by which the City may grant an exception to the standards in this policy but only to the extent necessary to avoid conflict with applicable federal or state law. When the applicant requests an exception, the approval authority shall consider the findings in Section 15(b) in addition to the findings required under Section 10(b). Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance. (b) Required Findings. The approval authority shall not grant any limited exception pursuant to this Section 15 unless the approval authority finds all the following: (1) the applicant has provided the approval authority with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; Wireless Telecommunications Facilities Policy (City of Pleasanton) page 35/37