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MACKENZIE & ALBRITTON LLP <br /> 220 SANSOME STREET, 14TH FLOOR <br /> SAN FRANCISCO,CALIFORNIA 94104 <br /> TELEPHONE 415/288-4000 <br /> FACSIMILE 415/288-4010 <br /> SENDER'S EMAIL:JHEARD @MALLP.COM <br /> November 13, 2013 <br /> Via email to <br /> mhoey @cityofpleasantonca.gov <br /> Planning Commission <br /> City of Pleasanton <br /> City Hall <br /> 200 Old Bernal Avenue <br /> Pleasanton, CA 94566 <br /> Re: Proposed amendments to wireless telecommunications ordinance, <br /> November 13, 2013 meeting, agenda item 6.d. <br /> Dear Commissioners: <br /> We write to you on behalf of our client Verizon Wireless regarding the proposed <br /> amendments to Chapter 18.110 of the Pleasanton Municipal Code, titled Personal <br /> Wireless Service Facilities (the"Proposed Amendments"). At the outset, we want to take <br /> this opportunity to commend the City for recognizing that the current ordinance needs to <br /> be improved, and for taking limited steps in that direction. As the staff report candidly <br /> recognizes, the existing, overly restrictive ordinance is the main barrier to meeting the <br /> growing demand for advanced wireless and broadband technologies among Pleasanton <br /> residents and businesses. We do, however, have concerns about the timing and the <br /> content of the Proposed Amendments. <br /> As a preliminary matter, we are concerned about the extremely short notice to our <br /> client regarding this important legislation. Verizon Wireless did not learn of the <br /> Proposed Amendments until two days ago, after an outside consultant forwarded an email <br /> he received from planning staff at 4:30 p.m. last Friday. We therefore suggest that the <br /> Commission delay taking any action on the Proposed Amendments until a later meeting, <br /> in order to allow for more meaningful input from the industry and other stakeholders. <br /> As described below, Verizon Wireless also has significant concerns regarding the <br /> content of the Proposed Amendments,but our comments are in no sense intended to be <br /> exhaustive. Instead, given the limited time for review, we have focused our comments on <br /> a few of our most serious concerns. <br /> Prohibited Zones and Locations <br /> The Proposed Amendments do not address the most fundamental problem with <br /> the existing ordinance: the absolute ban on wireless facilities in large parts of the City. <br /> Specifically, the Proposed Amendments leave in place the ban on facilities in any <br /> residential zone, certain other zones, and in a host of locations, including schools, senior <br />