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1999 MAY
City of Pleasanton
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1999 MAY
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1/20/2009 2:08:10 PM
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CITY CLERK
CITY CLERK - TYPE
CODE SUPPLEMENTS
DOCUMENT DATE
5/1/1999
DOCUMENT NO
1999 MAY
DOCUMENT NAME
SUPPLEMENT NO 8
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18.110.260 <br />ous to the properties or improvements in <br />the vicinity; and if the City Council so <br />determines, it shall also determine wheth- <br />er to: <br />1. Require modifications of such per- <br />sonal wireless service facility to eliminate <br />the threat to the public health, safety and <br />general welfare, and/or the material injury <br />to the properties or improvements in the <br />vicinity; <br />2. Immediately eliminate such personal <br />wireless service facility by paying the <br />provider just compensation pursuant to <br />the procedures set forth in the Eminent <br />Domain Law, California Code of Civil <br />Procedure, section 1230.010 et seq.; or <br />3. Subject such nonconforming use <br />and/or structure to the provisions of <br />Chapter 18.120 of this Title, including <br />Table 18.120.060 of this Title. <br />G. If the City and the provider volun- <br />tarily agree on just compensation to re- <br />move the nonconforming facility pursuant <br />to subsection F2 of this Section, the City <br />and the provider shall thereafter enter into <br />an agreement for just compensation and <br />the removal of the facility. If the parties <br />cannot voluntarily agree, then the deter- <br />mination of just compensation and the <br />removal of the facility shall be deter- <br />mined under the applicable law. <br />H. The remedies for the removal of <br />nonconforming uses set forth in this Sec- <br />tion are not exclusive. City retains the <br />right to use any and all other means legal- <br />ly available to remove a nonconforming <br />facility. (Ord. 1743 § 1, 1998) <br />18.110.270 Length Of Approvals: <br />A. All approvals for personal wireless <br />service facilities shall be valid for an <br />initial maximum period of five (5) yeazs. <br />An approval may be extended administra- <br />tively from the initial approval date for a <br />subsequent five (5) years and may be <br />extended administratively every five (5) <br />yeazs thereafter upon the verification of <br />the personal wireless service provider's <br />continued compliance with the findings <br />and conditions of approval under which <br />the application was originally approved. <br />Costs associated with the review process <br />shall be borne by the personal wireless <br />service provider. The Zoning Administra- <br />tor may schedule a public hearing at <br />which the Zoning Administrator may <br />deny the renewal of an approval if he or <br />she finds that: <br />1. The report showing that the personal <br />wireless service facility complies with the <br />current Federal Communications <br />Commission radio frequency standazds, as <br />required in subsection 18.110.160E2 of <br />this Chapter, has not been submitted to <br />the Planning Department. <br />2. The personal wireless service facility <br />fails to comply with the requirements of <br />this Chapter as they exist at the time of <br />renewal, and the personal wireless service <br />provider has failed to supply assurances <br />acceptable to the Zoning Administrator <br />that the facility will be brought into com- <br />pliance within ninety (90) days. <br />3. The personal wireless service pro- <br />vider has failed to comply with the condi- <br />tions of approval imposed. <br />4. The personal wireless service facility <br />has not been properly maintained. <br />(Pleasanton 5-99) 616-16 <br />
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