RES 2026024 - Laserfiche WebLink

(2) the applicant has provided the approval authority with a detailed written statement that explains why: (A) a denial based on the application's noncompliance with a specific provision or requirement would violate federal law, state law or both; or (B) a provision in this policy, as applied to the applicant, would violate any rights or privileges conferred on the applicant by federal or state law; (3) the applicant has provided the approval authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this policy, the Municipal Code, the general plan and/or any specific plan; (4) the applicant has provided the approval authority with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source)are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; (5) the applicant has demonstrated that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive facilities dispersed throughout the intended service area; (6) the exception requested by the applicant does not compromise or excuse compliance with any fire safety or other public safety standard; and (7) the exception is narrowly tailored such that any deviation from this policy is only to extent necessary for compliance with federal or state law. (c) Evidentiary Standard. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this Section 15. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant's request for an exception. (d) Expert Review. Independent expert and/or consultant review, including legal review, will generally be appropriate when considering an exception request, which shall be at the applicant's cost in the same manner as described in Section 8. Section 16. VIOLATIONS Wireless Telecommunications Facilities Policy(City of Pleasanton) page 36/37