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for an effective prohibition and provides that a failure to act within the applicable <br /> timeframe presumptively constitutes an effective prohibition; <br /> WHEREAS, given the rapid and significant changes in federal and State law, the actual <br /> and effective prohibition on moratoria to amend local policies in response to such changes and <br /> the significant adverse consequences for noncompliance with federal and State law, the City <br /> Council desires to amend Pleasanton Municipal Code Chapter 18.110, to allow greater flexibility <br /> and responsiveness to new federal and State laws in order to preserve the City's traditional <br /> authority to the maximum extent practicable (collectively, the "Amendments"); <br /> WHEREAS, on February 20, 2019, the Planning Commission held a duly noticed public <br /> hearing on the Amendments, reviewed and considered the staff report, other written reports, <br /> public testimony and other information contained in the record, and recommended that the City <br /> Council adopt the Amendments; <br /> WHEREAS, on March 11, 2019, the City Council held a duly noticed public hearing on the <br /> Amendments, reviewed and considered the staff report, other written reports, public testimony <br /> and other information contained in the record. <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES <br /> ORDAIN AS FOLLOWS: <br /> SECTION 1. Findings. The City Council finds that: <br /> A. The facts set forth in the recitals in this Ordinance are true and correct and incorporated <br /> by reference. The recitals constitute findings in this matter and, together with the staff <br /> report, other written reports, public testimony and other information contained in the <br /> record, are an adequate and appropriate evidentiary basis for the actions taken in this <br /> Ordinance. <br /> B. The Amendments are consistent with the General Plan, Pleasanton Municipal Code, and <br /> applicable federal and State law. <br /> SECTION 2. CEQA. Pursuant to California Environmental Quality Act ("CEQA") <br /> Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that <br /> this Ordinance is not a "project" because its adoption is not an activity that has the potential for a <br /> direct physical change or reasonably foreseeable indirect physical change in the environment. <br /> Accordingly, this Ordinance is not subject to CEQA. <br /> Even if this Ordinance qualified as a "project" subject to CEQA, the City Council finds that, <br /> pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a <br /> significant impact on the physical environment. This Ordinance merely amends the Pleasanton <br /> Municipal Code to authorize the adoption of regulations related to WCFs. This Ordinance does <br /> not directly or indirectly authorize or approve any actual changes in the physical environment. <br /> Applications for any new WCF or change to an existing WCF would be subject to additional <br /> environmental review on a case-by-case basis. Accordingly, the City Council finds that this <br /> Ordinance would be exempt from CEQA under the general rule. <br /> SECTION 3. Amending Pleasanton Municipal Code Chapter 18.110. A new section <br /> 18.110.010.6 is added to the Pleasanton Municipal Code, which reads as follows: <br />