§ 1520.

RENEWAL

a.

Renewal Permitted. At the end of the term set forth in Section 1519 above, the Department may renew a Personal Wireless Service Facility Site Permit for the identical Personal Wireless Service Facility at the same permitted location for four (4) additional two (2)-year terms.

b.

Renewal Application Required. A Permittee seeking to renew a Personal Wireless Service Facility Site Permit must file a renewal Application with the Department prior to the end of the existing term. The renewal Application shall include a written report from a certified engineer confirming that the permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.

c.

Approval of Renewal Application.

1.

Approval Required. The Department shall approve a renewal Application using the existing equipment at the same permitted location provided that, since the commencement of the Permit term as set forth in Section 1519 above, there have been no changes to: (A) Applicable Law that would allow the Department to deny a new Application for a Personal Wireless Service Facility Site Permit for the identical Personal Wireless Service Facility at the permitted location; or (B) readily available technology for Personal Wireless Service Facilities that would make it feasible for the Applicant for a renewal Permit to replace the existing equipment with less visually obtrusive equipment.

2.

Denial Required. The Department shall deny a renewal Application if the Permittee fails to provide the Department with a written report from a certified engineer confirming that the permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.

d.

Referral to Other Departments. The Department shall refer a renewal Application to other City departments for review before approving or denying the Application under the following circumstances.

1.

Department of Public Health. If Applicable Law with respect to human exposure to radio frequency emissions has changed since the date of the approval of the original Application for a Personal Wireless Service Facility Site Permit, the Department shall refer the renewal Application to the Department of Public Health for further review. The Department may not renew the Permit unless the Department of Public Health makes a determination that the Application satisfies the Public Health Compliance Standard and/or other Applicable Law related to human exposure to radio frequency emissions.

2.

Planning Department and Recreation and Park Department.

A.

If a renewal Application is for a Personal Wireless Service Facility that is in a location that was not a Planning Protected, Zoning Protected, or Park Protected Location on the date of the approval of the original Application for a Personal Wireless Service Facility Site Permit, the Department shall determine whether changes to Applicable Law since that date have made the location a Planning Protected, Zoning Protected, or Park Protected Location. If so, the Department shall refer the renewal Application to the appropriate City department for review under any Compatibility Standard that did not apply to the original Application.

B.

The Department may also exercise its discretion to refer a renewal Application to the Planning Department and/or Recreation and Park Department if the location of the Personal Wireless Service Facility is in the Immediate Vicinity of a Planning Protected, Zoning Protected, or Park Protected Location, whether or not the Department referred the original Application to the applicable City department.

C.

If the Department refers a renewal Application to the Planning Department and/or Recreation and Park Department under this Section, the Department shall not renew the Permit unless the Planning Department and/or Recreation and Park Department recommends approval under the newly applicable Compatibility Standard.

e.

Applicability of Other Provisions of this Article. The other provisions of this Article 25 related to approval of an Application for a Personal Wireless Service Facility Site Permit shall only apply to the Department’s review of a renewal Application if the Department refers a renewal Application to the Planning and/or Recreation and Park Departments. These provisions shall include, but are not limited to, Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above).

History

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

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