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<br /> <br />Small Wireless Facilities Policy (City of Pleasanton) page 5 / 47 <br />(b) The standards and procedures contained in this policy are intended to, and should <br />be applied, consistent with federal and state law, to protect and promote public <br />health, safety and welfare, and balance the benefits that flow from robust, <br />advanced wireless services with the City’s local values, which include without <br />limitation the aesthetic character of the City, its neighborhoods and community. <br /> <br />(c) This policy is also intended to reflect and promote the community interest by (1) <br />ensuring that an appropriate balance between public and private interests are <br />maintained; (2) protecting the City’s visual character and property values from <br />potential adverse impacts and/or visual blight created and/or exacerbated by small <br />wireless facilities and related communications infrastructure; (3) protecting and <br />preserving the City’s environmental resources; (4) protecting and preserving the <br />City’s public rights-of-way and municipal infrastructure located within the City’s <br />public rights-of-way; (5) protecting the City’s residential neighborhoods and other <br />family-oriented environments, and (6) ensuring appropriate placement of high- <br />quality, advanced wireless services for the City’s residents, businesses and <br />visitors. <br /> <br />(d) This policy is intended to establish clear procedures for application intake and <br />completeness review. The City Council finds that chronically incomplete <br />applications significantly contribute to unreasonable delay and create barriers to <br />infrastructure deployment. Chronically incomplete applications unfairly prejudice <br />other applicants who may be prepared to submit complete applications for <br />infrastructure in the same or substantially the same location. Chronically <br />incomplete applications also unfairly prejudice the City’s ability to act on such <br />applications within the “presumptively reasonable” timeframes established by the <br />FCC. The provisions in this policy afford applicants and City staff opportunities for <br />direct, real-time communication about completeness issues to mitigate incomplete <br />applications prior to submittal. The provisions in this policy also encourage <br />applicants to timely respond to incomplete notices. <br /> <br />(e) This policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit <br />or effectively prohibit any personal wireless service provider’s ability to provide <br />personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to <br />provide any telecommunications service, subject to any competitively neutral and <br />nondiscriminatory rules, regulations or other legal requirements for rights -of-way <br />management; (3) unreasonably discriminate among providers of functionally <br />equivalent personal wireless services; (4) deny any request for authorization to <br />place, construct or modify personal wireless service facilities on the basis of <br />environmental effects of radio frequency emissions to the extent that such wireless <br />facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit <br />any collocation or modification that the City may not deny under federal or <br />California state law; (6) impose any unreasonable, discriminatory or <br />anticompetitive fees that exceed the reasonable co st to provide the services for <br />which the fee is charged; or (7) otherwise authorize the City to violate any <br />applicable federal or California state law. <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5