PC-2019-02 - Laserfiche WebLink

RESOLUTION NO. PC-2019-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANTON RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING CHAPTER 18.110 OF THE PLEASANTON MUNICIPAL CODE AND RECOMMENDING ADOPTION OF A COUNCIL POLICY REGULATING SMALL WIRELESS FACILITIES [P19-0027] WHEREAS, 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, on February 20, 2019, the Planning Commission held a duly noticed public hearing on the proposed ordinance amendment to Chapter 18.110 of the Pleasanton Municipal Code and a new policy regulating small wireless facilities, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record; NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Pleasanton, based on the entire record of proceedings, including the oral and written staff reports and all public comment and testimony, that: A. The Planning Commission hereby recommends that the City Council amend Chapter 18.110 of the Municipal Code and adopt a new policy regulating small wireless facilities based on the following: 1 . Recent changes in federal law limit local governments from exercising full zoning controls over small wireless facilities. Although these new regulations are subject to a pending legal challenge, the regulations are currently in partial effect and failure to comply at this time may result in an even more significant loss of local control. The proposed code amendment would comply with the recent changes in federal law by providing reasonable aesthetic regulations and a review and approval process for such facilities within the City of Pleasanton that is consistent with the new, shorter timeframes to act on a permit application. (The recommended amendment to Chapter 18.110 of the Municipal Code is included as Exhibit A, attached hereto.) 2. The proposal to the City Council includes the adoption of a new City Council policy that would include design and operational standards for small wireless facilities that would provide the maximum amount of local control legally established for the regulation of small wireless facilities. (The recommended Policy on Small Wireless Facilities is included as Exhibit B, attached.) B. The proposed code amendment is not considered a "project" under the California Environmental Quality Act (CEQA) because the proposal is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical [end] Vesting Tentative Map 8483 Planning Commission Page 5 of 5 rk-Recorder's Office. Within a reasonable amount of time following recordation, the applicant's title company shall provide a copy of each recorded document to the Engineering Department determined to be legible by the Director of Engineering/City Engineer. Fees and Bonds 30. ACTING CITY SURVEYOR MAP REVIEW: The applicant shall submit a preliminary copy of the final map, approved tentative map, preliminary title report(s), adjoining deeds, and underlying recorded maps to the Director of Engineering/City Engineer, prior to submittal of the first plan Vesting Tentative Map 8483 Planning Commission Page 4 of 5