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01/28/2019 (9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and (10) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. (b) Appeal. (1) Any person adversely affected by the decision of the City Engineer pursuant to this Article may appeal the City Engineer's decision to the City Manager or his or her designee, who may decide the issues de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. (2) Where the City Engineer grants an application based on a finding where denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the City Manager or his or her designee. (3) All appeals must be filed with the City Manager or his or her designee within two (2) business days of the written decision of the City Engineer, unless the City Engineer extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. (4) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. See. 29.105. - GENERAL STANDARDS FOR WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY: (a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this Article and the City's wireless regulations, in addition to the requirements of any other applicable law. (b) Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Article may be waived but only to the minimum extent required to avoid the prohibition or violation. (c) Minimum Standards. Wireless facilities shall be installed and modified in a manner that is consistent with the location preferences and aesthetic standards passed by resolution; minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights- of-way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the public rights of way or any ATTY/ORD.478/CC WIRELESS ORDINANCE EXHIBIT A REV: 12-12-18 VR Page 5 of 11 ORDINANCE NO. 2455 MUFF NO. 301