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<br />Wireless Telecommunications Facilities Policy (City of Pleasanton) page 36 / 37 <br />(b) Required Findings. The approval authority shall not grant any limited exception <br />pursuant to this Section 15 unless the approval authority finds all the following: <br /> <br />(1) the applicant has provided the approval authority with a reasonable and clearly <br />defined technical service objective to be achieved by the proposed wireless <br />facility; <br /> <br />(2) the applicant has provided the approval authority with a detailed written <br />statement that explains why: (A) a denial based on the application’s <br />noncompliance with a specific provision or requirement would violate federal <br />law, state law or both; or (B) a provision in this policy, as applied to the <br />applicant, would violate any rights or privileges conferred on the applicant by <br />federal or state law; <br /> <br />(3) the applicant has provided the approval authority with a written statement that <br />contains a detailed and fact-specific explanation as to why the proposed <br />wireless facility cannot be deployed in compliance with the applicable <br />provisions in this policy, the Municipal Code, the general plan and/or any <br />specific plan; <br /> <br />(4) the applicant has provided the approval authority with a meaningful <br />comparative analysis with the factual reasons why all alternative locations <br />and/or designs identified in the administrative record (whether suggested by <br />the applicant, the City, public comments or any other source) are not technically <br />feasible or potentially available to reasonably achieve the applicant’s <br />reasonable and clearly defined technical service objective to be achieved by <br />the proposed wireless facility; <br /> <br />(5) the applicant has demonstrated that the proposed location and design is the <br />least non-compliant configuration that will reasonably achieve the applicant’s <br />reasonable and clearly defined technical service objective to be achieved by <br />the proposed wireless facility, which includes without limitation a meaningful <br />comparative analysis into multiple smaller or less intrusive facilities dispersed <br />throughout the intended service area; <br /> <br />(6) the exception requested by the applicant does not compromise or excuse <br />compliance with any fire safety or other public safety standard; and <br /> <br />(7) the exception is narrowly tailored such that any deviation from this policy is only <br />to extent necessary for compliance with federal or state law. <br /> <br />(c) Evidentiary Standard. The applicant shall have the burden to prove to the <br />approval authority that an exception should be granted pursuant to this Section 15. <br />The standard of evidence shall be the same as required by applicable federal or <br />state law for the issue raised in the applicant’s request for an exception . <br /> <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5