1999 MAY - Laserfiche WebLink

18.110.270 5. The personal wireless service pro- vider has not agreed in writing to upgrade the personal wireless service facility with- in six (6) months to minimize the facility's adverse visual impact to the greatest extent permitted by the technolo- gy 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 re- newal. 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 service provider includ- ing 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 thirty (30) days from the date of notification or such lesser period as may be warranted by virtue of a public emer- gency. 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 (5) 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 ex- pires, or the City Council takes action pursuant to subsection 18.110.260E of this Chapter. A nonconforming personal wireless service facility shall not be altered or modified unless approved by the Zoning 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 re- quest, the personal wireless service pro- vider shall provide a written summary certifying the commencement date and expiration date of any lease, license, property right, or other use agreement for the personal wireless service facility, including any options or renewal terms contained therein. E. An approval for a personal wireless service facility may be modified or re- voked by the Planning Commission as described in Section 18.110.030 of this Chapter. F. This Section does not apply to pre- existing legal nonconforming uses. (Ord. 1743 § 1, 1998) 18.110.280 Change In Federal Or State Regulations: All personal wireless service facilities shall meet the current standards and reg- ulations of the Federal Communications Commission, the California Public Utili- 616-17 (Pleasanton 5-99)