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improvements in the vicinity; and if the City Council so determines. it shall also <br /> determine whether to: <br /> <br /> 1. Require modifications of such personal wireless service facility to <br /> eliminate the threat to the public health, safety and general welfare. and/or the material <br /> injury to the properties or improvements in the vicinity; <br /> <br /> 2. Immediately eliminate such personal wireless service facility by paying <br /> the provider just compensation pursuant to the procedures set forth in the Eminent <br /> Domain Law, Califomia Code of Civil Procedure, Sections 1230.010 et seq.; or <br /> <br /> 3. Subject such nonconforming use and/or structure to the provisions <br /> of Chapter 18.120 of the Municipal Code, including Table 18.120.060. <br /> <br /> G. If the City and the provider voluntarily agree on just compensation to remove <br /> the non-conforming facility pursuant to Subsection l 8.110.260 .F .2. the City and the <br /> provider shall thereafter enter into an agreement for just compensation and the removal of <br /> the facility. If the parties cannot voluntarily agree. then the determination of just <br /> compensation and the removal of the facility shall be determined under the applicable <br /> law. <br /> <br /> H. The remedies for the removal of nonconforming uses set forth in this Section <br /> l 8.110.260 are not exclusive. City retains the right to use any and all other means legally <br /> available to remove a nonconforming facility. <br /> <br />18.110.270 Length of ApprovaLs <br /> <br /> A. All approvals for personal wireless service facilities shall be valid for an initial <br /> maximum period of five (5) years. An approval may be extended administratively from <br /> the initial approval date for a subsequent five (5) years and may be extended <br /> administratively every five (5) years thereafter upon the verification of the personal <br /> wireless service provider's continued compliance with the findings and conditions of <br /> approval under which the application was originally approved. Costs associated with the <br /> review process shall be borne by the personal wireless service provider. The Zoning <br /> Administrator may schedule a public hearing at which the Zoning Administrator may <br /> deny the renewal of an approval if he or she finds that: <br /> <br /> 1. The report showing that the personal wireless service facility complies with the <br /> current Federal Communications Commission radio frequency standards. as required in <br /> Subsection 18.110. 160.E.2, has not been submitted to the Planning Department. <br /> <br /> 2. The personal wireless service facility fails to comply with the requirements of <br /> this Chapter as they exist at the time of renewal, and the personal wireless service <br /> provider has failed to supply assurances acceptable to the Zoning Administrator that the <br /> facility will be brought into compliance within ninety (90) days. <br /> <br /> R.Z-97-7 Pagg 18 <br /> 5/19/98 <br /> RZ977AgA.sam/RKE <br /> <br /> <br />