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(4) the proposed project would be on the most preferred support structure within <br /> 750 feet from the proposed site in any direction or the applicant has <br /> demonstrated with clear and convincing evidence in the written record that any <br /> more-preferred support structure(s) within 750 feet would be technically <br /> infeasible; <br /> (5) the proposed project complies with all applicable design standards in this <br /> Policy; <br /> (6) the applicant has demonstrated that the proposed project will be in planned <br /> compliance with all applicable FCC regulations and guidelines for human <br /> exposure to RF emissions; and <br /> (7) all public notices required for the application have been given. <br /> (d) Conditional Approvals; Denials without Prejudice. Subject to any applicable <br /> federal or California laws, nothing in this Policy is intended to limit the Community <br /> Development Director's ability to conditionally approve or deny without prejudice <br /> any small cell permit application as may be necessary or appropriate to ensure <br /> compliance with this Policy. <br /> (e) Decision Notices. Within five calendar days after the Community Development <br /> Director acts on a small cell permit application, the Community Development <br /> Director shall notify the applicant. If the Community Development Director denies <br /> the application (with or without prejudice), the written notice must contain the <br /> reasons for the decision. <br /> (f) Appeals. Any interested person or entity may appeal the decision by the <br /> Community Development Director to the City Manager. Appeals must be filed <br /> within seven days after the date of the Community Development Director's <br /> decision; provided, however, that appeals from an approval shall not be permitted <br /> when based solely on the environmental effects from radio frequency emissions <br /> that are compliant with applicable FCC regulations and guidelines. The notice of <br /> appeal must contain a short and plain statement of the basis for the appeal. The <br /> City Manager or his/her designee shall consider the appeal de novo and issue the <br /> applicant and the appellant a written decision within 15 calendar days of receipt of <br /> the appeal. . <br /> SECTION 2.5. STANDARD CONDITIONS OF APPROVAL <br /> (a) General Conditions. In addition to all other conditions adopted by the Community <br /> Development Director for a small cell permit, all small cell permits issued under <br /> this Policy shall be automatically subject to the conditions in this Section 2.5(a). <br /> (1) Permit Term. This permit will automatically expire 10 years and one day from <br /> its issuance unless California Government Code § 65964(b) authorizes the City <br /> {00032392;5} page 11 /28 <br /> identified in this Policy; <br /> {00032392;5} page 10 /28 <br />application <br /> within a batch is deemed incomplete, the entire batch shall be automatically <br /> deemed incomplete; (iv) if any application is withdrawn or deemed withdrawn from <br /> a batch, all other applications in the entire batch shall be automatically deemed <br /> withdrawn; and (v) if any application in a batch fails to meet the required findin s <br /> fora proval, the entire batch shall be denied in the manner described in <br /> {00032392;5} page 9/28 <br />rd and all the facts that allow the City to conclude the standard <br /> has been met—bare conclusions not factually supported do not constitute a <br /> {00032392;5} page 6/28 <br />le report(s), adjoining deeds, and underlying <br /> recorded maps to the Director of Engineering/City Engineer, prior to submittal of the first plan <br /> Vesting Tentative Map 8483 Planning Commission <br /> Page 4 of 5 <br />