ORD 2305 - Laserfiche WebLink

Ordinance No. 2305 Page 3 of 7 On June 10, 2020, the FCC adopted additional regulations purporting to clarify its rules to interpret and implement Section 6409 in Implementation of State and Local Governments' Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, WT Docket No. 19-250, RM - 11849, Declaratory Ruling and Notice of Proposed Rulemaking, 35 FCC Rcd. 5977 (Jun. 10, 2020) (the "2020 Declaratory Ruling"). These additional regulations specified what steps an applicant must take for the shot clock to commence, modified what constitutes a substantial change to a wireless facility and clarified the circumstances under which an environmental assessment is not required. On August 12, 2020, in Portland v. United States, 969 F.3d 1020 (9th Cir. 2020), the U.S. Court of Appeals for the Ninth Circuit invalidated many aesthetic restrictions in the Small Cell Order but largely upheld the other limitations. The court specifically invalidated the requirements that aesthetic regulations be objective and no more burdensome than those applied to other infrastructure deployments. The U.S. Supreme Court denied a petition for review of the Ninth Circuit's decision to uphold the FCC's fee restrictions in the Order Denying Petition for Certiorari, Sprint Corp. v. FCC, No. 20-1354 (June 28, 2021). Thus, the Small Cell Order, as modified by the Ninth Circuit's partial invalidation, is final with no further pending judicial review; On November 3, 2020, the FCC adopted further regulations in Implementation of State and Local Governments' Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, WT Docket No. 19-250, RM -11849, Report and Order, 35 FCC Rcd. 13188 (Nov. 3, 2020) that defined wireless facility site boundaries and allowed certain additional excavation and deployment of transmission equipment beyond existing site boundaries; and On October 4, 2021, Governor Gavin Newsom signed into law Assembly Bill 537 which amended Government Code Section 65964.1 to provide applicants a "deemed approved" remedy for a collocation or siting application for a wireless telecommunications facility if a city or county fails to approve or disapprove an application within a reasonable period of time in accordance with FCC rules, subject to certain requirements and limitations; On October 8, 2023, Governor Gavin Newsom signed into law Assembly Bill 965 which added Section 65964.3 to the Government Code to require local agencies to undertake batch broadband permit processing of two or more broadband permit applications for substantially similar broadband project sites under a single permit and extends the existing state law "deemed approved" remedy in Government Code Section 65964. 1, if a city or county fails to approve or disapprove an application within a reasonable period of time specified in applicable law, subject to certain requirements and limitations; and WHEREAS, given the rapid and substantial changes in applicable law, the active and effective federal prohibition on reasonable moratorium ordinances to allow local public agencies to study these changes and develop appropriate responses and the significant adverse consequences for noncompliance with these changes in applicable law, and in response to practical experience processing applications for wireless facilities under the Pleasanton Municipal Code ("PMC"), the City Council desires to amend PMC Chapter 18.110 by adopting Exhibit A