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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 Urgency Ordinance are true and correct and <br /> incorporated by reference. The recitals constitute findings in this matter and, together with <br /> the staff report, other written reports, public testimony and other information contained in <br /> the record, are an adequate and appropriate evidentiary basis for the actions taken in this <br /> Urgency Ordinance. <br /> B. The Amendments are consistent with the General Plan, Pleasanton Municipal Code, and <br /> applicable federal and State law. <br /> C. The City Council finds that the public health need of the community is met by the <br /> immediate adoption of the Policy on Small Wireless Facilities since wireless <br /> communications facilities are aesthetically displeasing and out of harmony with the <br /> character of this community so as to constitute visual blight which reduces the quality of <br /> life within the community to the extent that the overall public health is detrimentally <br /> affected. Given the short time the City has to process applications for small wireless <br /> communication facilities, there is an immediate need for such Policy. <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 Urgency Ordinance is not a "project" because its adoption is not an activity that has the <br /> potential for a direct physical change or reasonably foreseeable indirect physical change in the <br /> environment. Accordingly, this Urgency Ordinance is not subject to CEQA. <br /> Even if this Urgency Ordinance qualified as a "project" subject to CEQA, the City Council finds <br /> that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have <br /> a significant impact on the physical environment. This Urgency Ordinance merely amends the <br /> Pleasanton Municipal Code to authorize the adoption of regulations related to WCFs. This <br />