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RES 19-1066
City of Pleasanton
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RES 19-1066
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
3/11/2019
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(11) [Reserved] <br /> (12) Permit Revocation. Any permit granted under this Policy may be revoked in <br /> accordance with the provisions and procedures in this condition. The <br /> Community Development Director may initiate revocation proceedings when <br /> the Community Development Director has information that the facility may not <br /> be in compliance with all applicable laws, which includes without limitation, any <br /> permit in connection with the facility and any associated conditions with such <br /> permit(s). Before the Community Development Director may conduct a public <br /> hearing to revoke any permit granted under this Policy, the Community <br /> Development Director must issue a written notice to the permittee that specifies <br /> (i) the facility; (ii) the violation(s) to be corrected; (iii) the timeframe in which the <br /> permittee must correct such violation(s); and (iv) that, in addition to all other <br /> rights and remedies the City may pursue, the City may initiate revocation <br /> proceedings for failure to correct such violation(s). A permit granted under this <br /> Policy may be revoked only by the City Council after a duly noticed public <br /> hearing. The City Council may revoke a permit when it finds substantial <br /> evidence in the written record to show that the facility is not in compliance with <br /> any applicable laws, which includes without limitation, any permit in connection <br /> with the facility and any associated conditions with such permit(s). Any decision <br /> by the City Council to revoke or not revoke a permit shall be final and not <br /> subject to any further appeals. Within five business days after the City Council <br /> adopts a resolution to revoke a permit, the Community Development Director <br /> shall provide the permittee with a written notice that specifies the revocation <br /> and the reasons for such revocation. <br /> (13) Record Retention. Throughout the permit term, the permittee must maintain a <br /> complete and accurate copy of the written administrative record, which includes <br /> without limitation the small cell permit application, small cell permit, the <br /> approved plans and photo simulations incorporated into this approval, all <br /> conditions associated with this approval, any ministerial permits or approvals <br /> issued in connection with this approval and any records, memoranda, <br /> documents, papers and other correspondence entered into the public record in <br /> connection with the small cell permit (collectively, "records"). If the permittee <br /> does not maintain such records as required in this condition, any ambiguities <br /> or uncertainties that would be resolved by inspecting the missing records will <br /> be construed against the permittee. The permittee shall protect all records from <br /> damage from fires, floods and other hazards that may cause deterioration. The <br /> permittee may keep records in an electronic format; provided, however, that <br /> hard copies or electronic records kept in the City's regular files will control over <br /> any conflicts between such City-controlled copies or records and the <br /> permittee's electronic copies, and complete originals will control over all other <br /> copies in any form. The requirements in this condition shall not be construed to <br /> create any obligation to create or prepare any records not otherwise required <br /> to be created or prepared by other applicable laws. Compliance with the <br /> 15 <br />
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