§ 1511.

DEPARTMENT DETERMINATION

a.

Determination in Writing.

1.

Tentative Approval. A Department tentative approval of an Application for a Tier III Facility Permit shall be in writing and shall set forth the reasons therefor. If a Department tentative approval contains any Conditions, the Conditions shall also be in writing.

2.

Final Determination. A Department final determination to approve or deny an Application for a Personal Wireless Service Facility Site Permit shall be in writing and shall set forth the reasons therefor. If a Department final determination to approve an Application contains any Conditions, the Conditions shall also be in writing.

b.

Tier I or Tier II-A Facility Permit.

1.

Denial. The Department shall issue a final determination denying an Application for a Tier I or Tier II-A Facility Permit within three (3) business days of any of the following events:

A.

The Department making a determination that the Application does not meet the Tier I or Tier II Criteria, as applicable;

B.

The Department’s receipt of a determination from the Department of Public Health that the Application does not comply with the Public Health Compliance Standard; or

C.

If the Department or the Department of Public Health adds any Conditions to its approval of the Application, the Department’s receipt of a notice from the Applicant that it rejects any of those Conditions.

2.

Approval without Conditions. If neither the Department nor the Department of Public Health adds any Conditions to its approval of an Application for a Tier I or Tier II-A Facility Permit, the Department shall issue a final determination approving the Application within three (3) business days of the occurrence of the last of the following events:

A.

The Department making a determination that the Application meets the Tier I or Tier II Criteria, as applicable; or

B.

The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard.

3.

Approval with Conditions. If the Department or the Department of Public Health adds any Conditions to its approval of an Application for a Tier I or Tier II-A Facility Permit, the Department shall issue a final determination approving the Application within three (3) business days of the occurrence of the last of the following events:

A.

The Department making a determination that the Application meets the Tier I or Tier II Criteria, as applicable;

B.

The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard; or

C.

The Department’s receipt of a notice from the Applicant that it accepts all of those Conditions.

c.

Tier II-B or Tier II-C Facility Permit.

1.

Denial. The Department shall issue a final determination denying an Application for a Tier II-B or Tier II-C Facility Permit within three (3) business days of any of the following events:

A.

The Department making a determination that the Application does not meet the Tier II Criteria;

B.

The Department’s receipt of a determination from the Department of Public Health that the Application does not comply with the Public Health Compliance Standard;

C.

The Department’s receipt of a determination from the Planning Department or the Recreation and Park Department that the Application does not meet the applicable Compatibility Standard; or

D.

If any City department that reviewed the Application adds any Conditions to its approval of the Application, the Department’s receipt of a notice from the Applicant that it rejects any of those Conditions.

2.

Approval without Conditions. If no City department reviewing an Application for a Tier II-B or Tier II-C Facility Permit adds any Conditions to its approval of the Application, the Department shall issue a final determination approving the Application within three (3) business days of the occurrence of the last of the following events:

A.

The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard; or

B.

The Department’s receipt of a determination from the Planning Department or the Recreation and Park Department (or both if required) that the Application meets the applicable Compatibility Standard.

3.

Approval with Conditions. If any City department reviewing an Application for a Tier II-B or Tier II-C Facility Permit adds any Conditions to its approval of the Application, the Department shall issue a final determination approving the Application within three (3) business days of the occurrence of the last of the following events:

A.

The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard;

B.

The Department’s receipt of a determination from the Planning Department or the Recreation and Park Department (or both if required) that the Application meets the applicable Compatibility Standard; or

C.

The Department’s receipt of a notice from the Applicant that it accepts all of those Conditions.

d.

Tier III Facility Permit.

1.

Denial. The Department shall issue a final determination denying an Application for a Tier III Facility Permit within three (3) business days of any of the following events:

A.

The Department making a determination that the Application does not meet the Tier III Necessity Standard;

B.

The Department’s receipt of a determination from the Department of Public Health that the Application does not comply with the Public Health Compliance Standard;

C.

The Department’s receipt of a determination from the Planning Department or the Recreation and Park Department (or both if required) that the Application does not meet the applicable Compatibility Standard; or

D.

If any City department reviewing the Application adds any Conditions to its approval of the Application, the Department’s receipt of a notice from the Applicant that it rejects any of those Conditions.

2.

Approval without Conditions.

A.

If no City department reviewing an Application for a Tier III Facility Permit adds any Conditions to its approval of the Application, the Department shall issue a tentative approval of an Application for a Tier III Facility Permit without Conditions within three (3) business days of the occurrence of the last of the following events:

i.

The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard; and

ii.

The Department’s receipt of a determination from the Planning Department or the Recreation and Park Department (or both if required) that the Application meets the applicable Compatibility Standard.

B.

Following the Department’s tentative approval of an Application for a Tier III Facility Permit without any Conditions, the Department shall issue a final determination as follows:

i.

The Department shall require the Applicant to give notice of the tentative approval as required by Section 1512 below; and

ii.

If no protest is timely submitted, the Department shall issue a final determination approving the Application within a reasonable time after the time to file a protest has expired; or

iii.

If a protest is timely submitted, the Department shall issue a final determination approving or denying the Application within a reasonable time after the Director issues a decision under Section 1513(g) below.

3.

Approval with Conditions.

A.

If any City department reviewing an Application for a Tier III Facility Permit adds any Conditions to its approval of the Application, the Department shall issue a tentative approval of the Application with Conditions within three (3) business days of the occurrence of the last of the following events:

i.

The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard;

ii.

The Department’s receipt of a determination from the Planning Department or the Recreation and Park Department (or both if required) that the Application meets the applicable Compatibility Standard; or

iii.

The Department’s receipt of a notice from the Applicant that it accepts all of those Conditions.

B.

Following the Department’s tentative approval of an Application for a Tier III Facility Permit with Conditions, the Department shall issue a final determination as follows:

i.

The Department shall require the Applicant to give notice of the tentative approval as required by Section 1512 below; and

ii.

If no protest is timely submitted, the Department shall issue a final determination approving the Application within a reasonable time after the time to file a protest has expired; or

iii.

If a protest is timely submitted, the Department shall issue a final determination approving or denying the Application within a reasonable time after the Director issues a decision under Section 1513(g) below.

History

(Added by Ord. 12-11, File No. 100041)

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