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Pleasanton Planning Commission February 19, 2019 Page 2 of 6 To allow for flexibility as small cell technology advances, the Draft Policy should be approved and regularly updated by the Director of Community Development, and not the Council. To comply with the Small Cells Order, the City must consult with Verizon Wireless and other carriers to develop workable, objective standards for a small cell design that will qualify for administrative approval with no public notice or appeal. At a minimum, the Draft Policy must be delayed due to the infeasibility of the technical requirements imposed, and the Director must hold a stakeholders' meeting with industry to resolve these technical infeasibilities prior to adoption. Verizon Wireless would be pleased to meet with staff to discuss its network plans for Pleasanton and workable regulations. As we explain, numerous requirements of the Draft Policy contradict the FCC's directives and must be removed or revised. Our comments are as follows. Public Notice and Appeals Are Inappropriate for Review Under Objective Standards. While administrative approval of small cells is appropriate, soliciting public comment through notice procedures would introduce subjectivity and the illusory impression that personal concerns would override objective standards. Draft Policy §§ 2.4(a), 2.4(b). Under the Small Cells Order, the FCC determined that small cells must be reviewed under objective criteria, and for this reason, requirements for public notice should be stricken. At most, notice should be provided to neighboring property owners for informational purposes. Because appeals involve notice and hearings, they also introduce subjectivity to final decisions, particularly if heard de novo by the Council. Draft Policy § 2.4(f). At a minimum, any appeal record should be restricted to the materials that were considered by the Director, and the scope of review should be limited to confirming whether the Director's decision was based on reasonable, objective criteria in compliance with the Small Cells Order. Location Preferences Should Be Revised to Encourage Small Cells in All Rights-of-Way and on Existing. Utility Poles. The list of preferred right-of-way locations could eliminate numerous stretches of right-of-way from consideration in conflict with state law. Draft Policy § 2.6(b). Public Utilities Code Section 7901 grants telephone corporations such as Verizon Wireless the right to place their equipment along any public road or highway, and it does not favor certain types of roads (such as arterial roads or commercial and industrial areas) over others (such as collector/local roads or residential areas). If strictly applied, the top preference for siting on City-owned street light poles in the right-of-way may contradict California Government Code Section 65964(c) which