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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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031119
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3/6/2019 4:06:34 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/11/2019
DESTRUCT DATE
15Y
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amendment to take effect immediately (on March 11.) This requires a minimum 4/5 <br /> vote of the Councilmembers for the ordinance to take effect immediately. If there are <br /> not enough votes to meet the 4/5 requirement, then staff recommends that the Council <br /> introduce the ordinance at the March 11 meeting. Under this scenario, the second <br /> reading of the ordinance would take place on March 19 and the ordinance would go into <br /> effect thirty days thereafter, or on April 18, 2019. <br /> On February 20, 2019, the Planning Commission held a public hearing on this matter. <br /> After hearing staff's presentation and public comment, the Commission voted to <br /> recommend that the City Council amend the PMC and adopt the Council Policy as <br /> proposed but requested that staff further consider the following three issues before the <br /> item is heard by the Council: 1) removing the requirement for carriers to post a <br /> performance bond; 2) reviewing the language related to concealment of equipment to <br /> provide greater flexibility to carriers; and 3) reviewing the requirement that an applicant <br /> must demonstrate that a proposed project is on the most preferred structure within a <br /> 750 foot radius. (These three items issues are discussed in greater detail below.) <br /> Following the Planning Commission meeting on February 20, staff and/or the City's <br /> outside legal counsel, Tripp May, conferred with industry stakeholders to discuss <br /> flexibility in the Council Policy's aesthetic regulations to better anticipate reasonable <br /> changes in future wireless technology. As a result, staff recommends changes to the <br /> Council Policy based on these discussions in order to balance technical feasibility <br /> issues with the need to preserve the City's aesthetic characteristics. <br /> DISCUSSION <br /> Amendment of the City's Wireless Ordinance <br /> Because small cell wireless technology is relatively new, the City's existing wireless <br /> ordinance (Chapter 18.110) does not explicitly address small wireless facilities. <br /> Accordingly, staff seeks to amend section 18.11.0.010.B of the Pleasanton Municipal <br /> Code to recognize small wireless facilities and regulate those facilities by adopting a <br /> City Council Policy overseeing the permitting of these facilities. <br /> Adoption of Council Policy Regulating Small Wireless Facilities <br /> The purpose of the Council's Small Wireless Facilities Policy (Policy) is to establish <br /> reasonable and comprehensive standards and procedures for the permitting of small <br /> wireless facilities within the City, including but not limited to the siting of facilities, <br /> aesthetics, construction, operation, modification, and removal. The Policy is intended to <br /> promote the community interest of protecting the City's visual character from potential <br /> adverse impacts from facilities while providing access to high quality advanced wireless <br /> technology for the City's residents, businesses, and visitors. The Council should note <br /> that, as a policy rather than an Ordinance, the City may amend or revoke the provisions <br /> more quickly. This approach is recommended by the City's outside counsel due to the <br /> rapid and sometimes unpredictable changes in the federal law. <br /> Page 3of7 <br />
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