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CCMIN121713
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CCMIN121713
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CITY CLERK
CITY CLERK - TYPE
MINUTES
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12/17/2013
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a minimum of 300 feet from the uses previously described. The distance refers to the <br /> structure itself, rather than the property line described in the current ordinance. It should <br /> also be noted that this amendment specifies public or private schools for children whereas <br /> the current ordinance does not make such a distinction and applies to all learning <br /> institutions, including trade schools and the new University of San Francisco extension. <br /> 2) Agricultural or Public and Institutional Zones — Carriers are encouraged but not required to <br /> conceal facilities. Again, facilities may not be located within 300 feet of the uses described. <br /> 3) Iron Horse Trail between Santa Rita Road and Mohr Avenue — Staff believes this to be an <br /> appropriate location for facilities because, although it has no zoning designation, it is <br /> bordered on either side by predominately industrial properties. Camouflaged facilities may <br /> not be located within 300 feet of an existing dwelling unit. <br /> 4) Water tank sites — Allows facilities on or adjacent to parcels housing a City water tank. <br /> Carriers are encouraged to conceal, but at minimum must camouflage, facilities. Facilities <br /> must be located within 200 feet of the City water tank and at least 200 feet from any existing <br /> dwelling unit. The benefits of such location are that it may provide a means to close a <br /> significant coverage gap in sections of town that do not contain any of the allowed zoning <br /> districts. Southeast Pleasanton, which is zoned almost entirely residential, is one such <br /> example. Location at a water tank site also provides lease revenue for the City and allows <br /> the City, as the landlord, a greater degree of aesthetic control. <br /> In order to comply with state or federal law, staff has included language that allows the decision making <br /> body to grant an exception to any requirements of the ordinance including locational priorities if the <br /> applicant can show that strict compliance with the code would violate state or federal law. <br /> Another key change to the ordinance relates to the application requirements, which staff has amended <br /> to clarify that applicants shall pay for peer review and to change the length of permit approval from 10 <br /> to 5 years. Staff has also proposed changing the public noticing requirement from 600 feet to 300 feet <br /> to be consistent with what state law requires and the City's own 300 foot buffer zone and eliminating <br /> the noticing requirement for concealed facilities. <br /> Separate from the wireless ordinance, staff is proposing changes to 8 sections of the Zoning Ordinance <br /> that prohibit certain uses from locating within 300 feet of a wireless facilities. These are outlined in <br /> Exhibit D. These changes would remove that ban and allow businesses to choose where they wish to <br /> locate, regardless of proximity to wireless facilities. <br /> Councilmember Narum asked, if with regards to this last amendment, the burden would be on the <br /> business owner to determine their proximity to a wireless facility. <br /> Ms. Harryman explained that there are no disclosure requirements and the business owner would have <br /> to request that information of staff. Because wireless facilities are legally allowed to be located there <br /> (and in residential districts in most cities) by federal law, there is no liability associated with <br /> nondisclosure. <br /> Vice-Mayor Cook-Kallio asked if any other jurisdictions use the same 300 foot buffer. <br /> Ms. Harryman said that while she was not aware of any and that all surrounding cities do allow facilities <br /> in residential zones, it is not the first priority location. <br /> Mayor Thorne asked whether the 300 foot buffer is based on any scientific standards, noting that the <br /> health effects of RF exposure were debunked years ago. <br /> City Council Minutes Page 15 of 20 December 17,2013 <br />
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