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(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 /> (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 /> (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 /> (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 cost 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 /> Small Wireless Facilities Policy(City of Pleasanton) page 5/47 <br />