ORD 2305 - Laserfiche WebLink

Ordinance No. 2305 Page 4 of 7 hereto to allow the City greater flexibility and responsiveness to these federal and state laws in order to preserve the City's traditional authority to the maximum extent practicable; and WHEREAS, the City Council finds that amending PMC Chapter 18.110 by adopting Exhibit A hereto will allow the City Council to quickly and efficiently adopt administrative policies that provide clear procedures for wireless facilities, small wireless facilities, eligible facilities requests and emergency standby generator applications and deployment and bolster the City's policies and regulations concerning public health, safety and welfare and the aesthetic character of the City; and WHEREAS, amending PMC Chapter 18.110 by adopting Exhibit A hereto is necessary to protect public health, safety, welfare, and aesthetic interests, and the enforcement thereof will not result in the imposition of excessive costs on operators and users of wireless telecommunications services. The City Council finds, further, that the amendment of PMC Chapter 18.110 by adopting Exhibit A hereto neither materially limits a person's ability to receive wireless communications services nor creates unfair competition among wireless telecommunications service providers; and WHEREAS, the City Council finds the amendment of PMC Chapter 18.110 by adopting Exhibit A hereto will, to the extent permitted by federal and California state law, protect and promote public health, safety, and welfare, and also balance the benefits that flow from robust, advanced wireless services within the City's local values, which includes without limitation the aesthetic character of the City, its neighborhoods, and community; WHEREAS, the Pleasanton Planning Commission considered the proposed Exhibit A hereto at a duly noticed public hearing on March 25, 2026, and by a vote of 3 to 0 recommended the City Council approve a categorical exemption per CEQA and approve Exhibit A hereto to amend PMC Chapter 18.110; and WHEREAS, on April 21, 2026, the City Council conducted a duly noticed public hearing to take public testimony and consider the introduction of this Ordinance to amend PMC Chapter 18.110 by adopting Exhibit A hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council finds that: (a) the facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference; (b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance; (c) the provisions in this Ordinance and PMC Chapter 18.110 are consistent with the Pleasanton General Plan, the PMC and applicable federal and state law; and (d) neither this Ordinance nor PMC Chapter 18.110 will be detrimental to the public interest, health, safety, convenience or welfare. SECTION 2. AMENDMENT OF PMC CHAPTER 18.110. The City Council does hereby repeal and replace PMC Chapter 18.110 (Personal Wireless Service Facilities) to read as set forth in Exhibit A. SECTION 3. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, phrase or term (each a "Provision") in this Ordinance or PMC Chapter 18.110, or any Provision's