ORD 2188 - Laserfiche WebLink

• On September 26, 2018, the FCC adopted a declaratory ruling and report and order that, among other things, creates a new regulatory classification for small wireless facilities, requires State and local governments to process applications for small wireless facilities within 60 days or 90 days, establishes a national standard for an effective prohibition and provides that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition; WHEREAS, given the rapid and significant changes in federal and State law, the actual and effective prohibition on moratoria to amend local policies in response to such changes and the significant adverse consequences for noncompliance with federal and State law, the City Council desires to amend Pleasanton Municipal Code Chapter 18.110, to allow greater flexibility and responsiveness to new federal and State laws in order to preserve the City's traditional authority to the maximum extent practicable (collectively, the "Amendments"); WHEREAS, on February 20, 2019, the Planning Commission held a duly noticed public hearing on the Amendments, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record, and recommended that the City Council adopt the Amendments; WHEREAS, on March 11, 2019, the City Council held a duly noticed public hearing on the Amendments, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance. B. The Amendments are consistent with the General Plan, Pleasanton Municipal Code, and applicable federal and State law. C. The City Council finds that the public health need of the community is met by the immediate adoption of the Policy on Small Wireless Facilities since wireless communications facilities are aesthetically displeasing and out of harmony with the character of this community so as to constitute visual blight which reduces the quality of life within the community to the extent that the overall public health is detrimentally affected. Given the short time the City has to process applications for small wireless communication facilities, there is an immediate need for such Policy.