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Ord 2019-001 PAD
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Ord 2019-001 PAD
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Last modified
6/5/2019 7:16:30 AM
Creation date
1/24/2019 6:11:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
1/7/2019
Retention
PERM
Document Relationships
10.A. Action 2019 0107
(Attachment)
Path:
\City Clerk\City Council\Agenda Packets\2019\Packet 2019 0107
Agmt 2019 MLA for Small Cell Pole Attachment
(Amended by)
Path:
\City Clerk\City Council\Agreements\2019
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WHEREAS, the City Council recognizes its responsibilities under the Federal <br />Telecommunications Act of 1996, and state law, and believes that it is acting consistent with the <br />current state of the law in ensuring that irreversible development activity does not occur that would <br />harm the public health, safety, or welfare. The City does not intend that this Ordinance prohibit or <br />have the effect of prohibiting the provision of telecommunications service; rather, it includes <br />appropriate regulations to ensure that the installation and encroachment of wireless <br />telecommunications facilities in the public rights-of-way are conducted in such a manner as to <br />lawfully balance the legal rights of applicants under the Federal Telecommunications Act and the <br />California Public Utilities Code while, at the same time, protect to the full extent feasible against <br />the safety and land use concerns described herein; and <br />WHEREAS, adoption of this Ordinance is consistent with the City's General Plan. The <br />City's General Plan provides goals, policies, and implementation measures to preserve high-quality <br />design, scale, unique and historical character, aesthetics, scenic vistas, natural settings and <br />resources, and environmental characteristics while also maintaining a strong, vibrant, and healthy <br />economy for its local businesses, and assuring the health and safety of the predominantly <br />residential character of the community. Adoption of this Ordinance will provide uniform and <br />specific regulations and standards for wireless telecommunications facilities in furtherance of these <br />goals and objectives while reducing the potentially negative impacts; and <br />WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act <br />(CEQA) Guidelines, this ordinance is exempt from CEQA based on the following: <br />(1) This Ordinance is not a project within the meaning of Section 15378 of the State CEQA <br />Guidelines because it has no potential for resulting in physical changes in the environment, <br />directly or ultimately. <br />(2) This Ordinance is categorically exempt from CEQA under Section 15308 of the CEQA <br />Guidelines as a regulatory action taken by the City pursuant to its police power and in <br />accordance with Government Code Section 65858 to assure maintenance and protection of <br />the environment pending the evaluation and adoption of contemplated local legislation, <br />regulation, and policies. <br />(3) This Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section <br />15061(b)(3) that CEQA applies only to projects which have the potential for causing a <br />significant effect on the environment. For the reasons set forth in paragraphs (1) and (2), <br />above, it can be seen with certainty that there is no possibility that this ordinance will have a <br />significant effect on the environment; and <br />WHEREAS, based on the foregoing, the City Council finds and determines that the <br />immediate preservation of the public health, safety, and welfare requires that this Ordinance be <br />enacted as an urgency ordinance pursuant to Government Code Section 36937(b), and take effect <br />immediately upon adoption. Therefore, this Ordinance is necessary for the immediate preservation <br />of the public peace, health, safety, and welfare and its urgency is hereby declared. <br />ORDINANCE NO. 2019-001 4 <br />
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