RES 2026024 - Laserfiche WebLink

(3) violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety. (d) Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this policy is intended to limit the approval authority's authority to conditionally approve an application for an EFR Approval to protect and promote the public health and safety. (e) Decision Notices. Within five days after the approval authority acts on an application for an EFR Approval, the approval authority shall send a written notice to the applicant. If the approval authority denies the application, the written notice to the applicant must contain (1) the reasons for the decision; (2) a statement that denial will be without prejudice; and (3) instructions for how and when to file an appeal if the applicant so chooses. (f) Appeals. Any applicant may appeal the approval authority's written decision to deny without prejudice an application for EFR Approval to the City Manager provided that: (1) an appeal notice must be filed with the City Clerk within seven calendar days from the date of the approval authority's decision; (2) an appeal must be timely and duly filed with the City Clerk on a form provided by the City Clerk, or if no such form is available, in a writing that states in plain terms the grounds for appeal and the facts that support those grounds; and (3) the City Manager shall consider appeals de novo without notice or a public hearing; provided, however, that the City Manager's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this policy and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further City appeals or petitions for reconsideration. No persons or entities other than the applicant may initiate the appeal process described in this section; however, nothing in this section is intended to prevent or discourage any interested persons or entities from providing the City with information that may be used to initiate permit revocation proceedings. Section 10. STANDARD CONDITIONS FOR APPROVED PERMITS (a) Standard Conditions. Except as may be authorized in Section 10(b), all EFR Approvals issued under this policy or deemed granted or deemed approved by the operation of law shall be automatically subject to the conditions in this Section 10(a) and these conditions shall be deemed to be incorporated by reference into such EFR Approvals. (1) Permit Term. The City's grant or any approval deemed granted by operation of law of an EFR Approval constitutes a federally-mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or Eligible Facilities Requests Policy (City of Pleasanton) page 14/26