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<br />Wireless Telecommunications Facilities Policy (City of Pleasanton) page 13 / 37 <br /> <br />(6) any required California Environmental Quality Act findings have been made. <br /> <br />(c) Conditional Approvals; Denials without Prejudice. Subject to any applicable <br />federal or state laws, nothing in this policy is intended to limit the approval <br />authority’s (or the appellate authority’s) ability to conditionally approve or deny <br />without prejudice any permit application governed under this policy as may be <br />necessary or appropriate to protect and promote the public health, safety and <br />welfare, and to advance the goals or policies in the general plan and any applicable <br />specific plan, this policy or the Municipal Code. <br /> <br />(d) Decision Notices. Within five calendar days after the approval authority (the <br />Zoning Administrator or Planning Commission) acts on an application or before the <br />shot clock expires (whichever occurs first), the Department shall provide a written <br />notice to the applicant and notify the City Council about such decision. If the <br />approval authority (or appellate authority) denies the application (with or without <br />prejudice), the written notice to the applicant must contain the reasons for the <br />denial. <br /> <br />(e) City Council Call for Review. Within 10 calendar days after the approval authority <br />approves or denies any application under this policy, any member of the City <br />Council may advise the City Clerk in writing that the member wants the appellate <br />authority to review the approval authority’s decision provided that: (1) the <br />provisions of this section shall control over those in Section18.144.010 (City <br />council review) of the Municipal Code; (2) the City Clerk shall schedule the review <br />at a public hearing of the appellate authority; (3) the appellate authority shall hear <br />reviews de novo; (4) the City Clerk shall provide notice of the review hearing <br />pursuant to Section 9(b). The City shall provide a written notice to the applicant <br />about such decision. If the appellate authority denies the application after review <br />(whether by affirmation or reversal), the written notice to the applicant must contain <br />the reasons for the denial. The appellate authority’s decision shall be final and not <br />subject to any further City appeals or petitions for reconsideration . <br /> <br />(f) Appeals. Within 10 calendar days after the approval authority approves or denies <br />any application under this policy, any interested person may file an appeal to the <br />City Council for cause provided that: (1) the appeal provisions in this policy shall <br />control over those in Chapter 18.144 (Appeals) of the Municipal Code; (2) an <br />appeal must be timely and duly filed with the City Clerk on a form provided by the <br />City Clerk, or if no such form is available, in a writing that states in plain terms the <br />grounds for appeal and the facts that support those grounds; (3) appeals from an <br />approval shall not be permitted when based on reasons otherwise compliant under <br />this policy, including appeals based on the environmental effects from RF <br />emissions that are compliant with applicable FCC regulations and guidelines ; (4) <br />the City Council shall hear appeals de novo; and (5) the City Clerk shall provide <br />notice of the appeal hearing pursuant to Section 9(b). The City shall provide a <br />written notice to the applicant about such decision. If the City Council denies the <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5