RES 2026024 - Laserfiche WebLink

Section 9. PUBLIC NOTICE (a) Preface. The City strongly favors public participation in the community development process, which requires effective public notice. However, federal regulations that generally require approvals or denials within a relatively short timeframe interfere with the City's ability to provide public notice and conduct public hearings in the same manner as the City would for other commercial development projects. To promote the City's and the community's legitimate interest in public participation, while at the same time enabling the City to act on applications within the timeframe prescribed by law, this Section 9 establishes notice requirements designed to give interested parties notices through multiple mediums and at times intended to maximize such parties' ability to stay informed and exercise their right to be heard. (b) Mailed Notice.Within 10 calendar days of an application being filed for a personal wireless service facility, the Department shall mail a written notice to all persons entitled to notice. The notice shall include: (1) the project location with a street address and/or GPS coordinates; (2) the City's permit application number; (3) a general project description; (4) contact information for the Department so that persons may request additional information or submit comments; and (5) a statement that the Director will act on the application without a public hearing, but that any interested person or entity may appeal the Director's decision directly to the City Manager. Section 10. APPROVALS; DENIALS; APPEALS (a) Initial Administrative Decision. The approval authority may approve, conditionally approve or deny a complete and duly filed permit application without a public hearing. (b) Required Findings for Approval. The approval authority (or appellate authority on appeal) may approve or conditionally approve an application for a Small Cell Permit only when it makes all the following findings: (1) the proposed project qualifies as a "small wireless facility" as defined by the FCC; (2) the proposed small wireless facility is in a preferred location as defined in this policy; or the proposed small wireless facility is in a discouraged location as defined in this policy and the applicant has demonstrated through a meaningful comparative analysis that no more preferred location would be technically feasible and potentially available; (3) the proposed small wireless facility would not be located on a prohibited support structure identified in this Policy; Small Wireless Facilities Policy(City of Pleasanton) page 16/47