ORD 2188 - Laserfiche WebLink

SECTION 2. CEQA. Pursuant to California Environmental Quality Act ("CEQA") Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that this Ordinance is not a "project" because its adoption is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the environment. Accordingly, this Ordinance is not subject to CEQA. Even if this Ordinance qualified as a "project"subject to CEQA, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. This Ordinance merely amends the Pleasanton Municipal Code to authorize the adoption of regulations related to WCFs. This Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new WCF or change to an existing WCF would be subject to additional environmental review on a case-by-case basis. Accordingly, the City Council finds that this Urgency Ordinance would be exempt from CEQA under the general rule. SECTION 3. Amending Pleasanton Municipal Code Chapter 18.110. A new section 18.110.010.B is added to the Pleasanton Municipal Code, which reads as follows: B. Special Provisions for Small Wireless Facilities. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(1), as may be amended or superseded, are subject to a permit as specified in City Council Policy, Small Wireless Facilities, which is adopted and may be amended by City Council resolution. All small wireless facilities shall comply with the Policy on Small Wireless Facilities. In the event that the FCC Order adopting said regulations is invalidated by a court of competent jurisdiction or repealed and not replaced, the provisions in this Chapter shall control over the Policy on Small Wireless Facilities. SECTION 4. Conflicts with Prior Ordinances. If the provisions in this Ordinance conflict in whole or in part with any other City regulation or ordinance adopted prior to the effective date of this section, the provisions in this Urgency Ordinance will control. SECTION 5. Noticing.A summary of this ordinance shall be published once within fifteen (15) days after its adoption in "The Valley Times," a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption. SECTION 6. Effective Date. This Urgency Ordinance, pursuant to California Government Code Section 36937(b), shall become effective immediately.