§ 1514.

NOTICE OF FINAL DETERMINATION

a.

Approval. The Department shall provide notice of a final determination to approve an Application for a Personal Wireless Service Facilities Site Permit.

1.

Notice Required.

A.

The Department shall promptly mail a notice of final determination to approve an Application for a Personal Wireless Service Facility Site Permit to both the Applicant and to any neighborhood association identified by the Planning Department for any neighborhood within three hundred (300) feet of the approved Personal Wireless Service Facility.

B.

If a hearing was held on an Application for a Tier III Facility Permit, the Department shall promptly mail a notice of final determination to approve an Application for a Personal Wireless Service Facility Site Permit to any Person who either filed a protest, submitted evidence, or appeared at the hearing, and whose name and address are known to the Department.

C.

The Department shall require an Applicant for a Personal Wireless Service Facility Site Permit to promptly post notice of a Department final determination to approve an Application for a Personal Wireless Service Facility Site Permit in conspicuous places throughout the block face where the approved Personal Wireless Service Facility is to be located and to provide the Department with evidence, as the Department may require, of compliance with this requirement.

2.

Contents and Form of Notice. A notice of final determination to approve an Application for a Personal Wireless Service Facility Site Permit shall contain such information, and be in such form, as the Department reasonably requires in order to inform the general public of the approved Application. At a minimum, the notice of final determination shall:

A.

Provide a description and a photo-simulation of the approved Personal Wireless Service Facility;

B.

Summarize the determinations of the City departments that were necessary for the approval of the Application, including any Conditions added by any City departments that were accepted by the Applicant;

C.

State that any Person may file an appeal of the approval of the Application with the Board of Appeals within fifteen (15) days after the date that all notices required by Section 1514(a) above have been provided;

D.

Describe the procedure for submitting a timely appeal;

E.

Specify the applicable grounds for appealing the approval of the Application under this Article 25; and

F.

Explain how any interested Person may obtain additional information and documents related to the Application.

b.

Denial. The Department shall provide notice of a final determination to deny an Application for a Personal Wireless Service Facilities Site Permit.

1.

Notice Required. The Department shall promptly mail a notice of final determination to deny an Application for a Personal Wireless Service Facility Site Permit to the Applicant.

2.

Contents of Notice. A notice of final determination to deny an Application for a Personal Wireless Service Facility Site Permit shall at a minimum:

A.

Summarize the determinations of any City departments that were necessary for the denial of the Application, including any Conditions added by any City departments that were rejected by the Applicant.

B.

State that the Applicant may file an appeal of the denial of the Application with the Board of Appeals within fifteen (15) days of the Department’s mailing of the notice.

C.

Describe the procedure for submitting a timely appeal; and

D.

Specify the applicable grounds for appealing the denial of the Application under this Article 25.

History

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

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