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<br />Personal Wireless Facilities Ordinance (City of Pleasanton) <br />Chapter 18.110 page 5 / 8 <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />DOES HEREBY ORDAIN AS FOLLOWS: <br /> <br />SECTION 1. FINDINGS. The City Council finds that: (a) the facts set forth in the <br />recitals in this Ordinance are true and correct and incorporated by reference; (b) the recitals <br />constitute findings in this matter and, together with the staff report, other written reports, public <br />testimony and other information contained in the record, are an adequate and appropriate <br />evidentiary basis for the actions taken in this Ordinance; (c) the provisions in this Ordinance and <br />PMC Chapter 18.110 are consistent with the Pleasanton General Plan, the PMC and applicable <br />federal and state law; and (d) neither this Ordinance nor PMC Chapter 18.110 will be detrimental <br />to the public interest, health, safety, convenience or welfare. <br /> <br />SECTION 2. AMENDMENT OF PMC CHAPTER 18.110. The City Council does <br />hereby repeal and replace PMC Chapter 18.110 (Personal Wireless Service Facilities) to read as <br />set forth in Exhibit A. <br /> <br />SECTION 3. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, <br />phrase or term (each a “Provision”) in this Ordinance or PMC Chapter 18.110, or any <br />Provision’s application to any person or circumstance, is held illegal, invalid or unconstitutional <br />by a court of competent jurisdiction, all other Provisions not held illegal, invalid or <br />unconstitutional, or such Provision’s application to other persons or circumstances, shall not be <br />affected. The City Council declares that it would have passed this Ordinance and amended PMC <br />Chapter 18.110 and each Provision therein, whether any one or more Provisions be declared <br />illegal, invalid or unconstitutional. <br /> <br />SECTION 4. CEQA. If this Ordinance qualifies as a “project” subject to California <br />Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources <br />Code § 21065, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is <br />no possibility that this project will have a significant impact on the physical environment. This <br />Ordinance amends PMC Chapter 18.110 in a manner that complies with federal and state <br />regulations. This Ordinance does not directly or indirectly authorize or approve any actual <br />changes in the physical environment. Applications for any new wireless facility or change to an <br />existing wireless facility would be subject to additional environmental review on a case-by-case <br />basis. Accordingly, the City Council finds that this Ordinance is exempt from CEQA under the <br />general rule. <br /> <br />SECTION 5. POSTING/PUBLISHING OF NOTICE. A summary of this ordinance <br />shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a <br />newspaper of general circulation published in the City of Pleasanton, and the complete ordinance <br />shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its <br />adoption. <br /> <br />SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) <br />days after the date of its passage and adoption. <br /> <br />[Signatures to follow on next page.] <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5