RES 19-1066 - Laserfiche WebLink

(3) the proposed project would not be located on a prohibited support structure identified in this Policy; (4) the proposed project would be on the most preferred support structure within 350 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred support structure(s) within 350 feet would be technically infeasible; (5) the proposed project complies with all applicable design standards in this Policy; (6) the applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and (7) all public notices required for the application have been given. (d) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Policy is intended to limit the Community Development Director's ability to conditionally approve or deny without prejudice any small cell permit application as may be necessary or appropriate to ensure compliance with this Policy. (e) Decision Notices. Within five calendar days after the Community Development Director acts on a small cell permit application, the Community Development Director shall notify the applicant. If the Community Development Director denies the application (with or without prejudice), the written notice must contain the reasons for the decision. (f) Appeals. Any interested person or entity may appeal the decision by the Community Development Director to the City Manager. Appeals must be filed within seven days after the date of the Community Development Director's decision; provided, however, that appeals from an approval shall not be permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines. The notice of appeal must contain a short and plain statement of the basis for the appeal. The City Manager or his/her designee shall consider the appeal de novo and issue the applicant and the appellant a written decision within 15 calendar days of receipt of the appeal. SECTION 2.5. STANDARD CONDITIONS OF APPROVAL (a) General Conditions. In addition to all other conditions adopted by the Community Development Director for a small cell permit, all small cell permits issued under this Policy shall be automatically subject to the conditions in this Section 2.5(a). 11