HomeMy WebLinkAboutPlanning Commission Resolution 2017-07 03/14/2017RESOLUTION 2017 -07
CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A MAJOR
TELECOMMUNICATION FACILITY AT
109 KENTUCKY STREET, APN: 006 - 363 -020
FILE NO. PLMA -17 -0001
WHEREAS, Jay Gruendle of On Air LLC for Verizon Wireless, on behalf of the property owner,
submitted applications for a Conditional Use Permit and Historic Site Plan and Architectural Review for
the installation of one (1) seven -foot tall tri- sector cylindrical antenna and associated supporting
equipment mounted on the existing building roof located at 109 Kentucky Street (APN 006 - 363 -020) (the
"Project "); and
WHEREAS, the project site is provided a Mixed Use 2 (MU2) designation by the Zoning Map; and
WHEREAS, Table 7.090(B) of the Implementing Zoning Ordinance (IZO) provides that "major"
telecommunications facilities may be allowed within the MU2 zoning district through issuance of a
Conditional Use Permit; and
WHEREAS, on March 14, 2017, the Planning Commission held a duly noticed public hearing to
consider the requested Conditional Use Permit for the Project at which time all interested parties had
the opportunity to be heard; and
WHEREAS, on March 14, 2017 and prior to acting on this request, the Planning Commission
considered the staff report analyzing the application, including the California Environmental Quality Act
( "CEQA ") determination included therein; and
WHEREAS, public notice was published in the Argus Courier and mailed to residents and
occupants within 500 feet of the project site in compliance with state and local law.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS
FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Pursuant to Implementing Zoning Ordinance §24.030, the Planning Commission hereby approves the
Conditional Use Permit for the Project based on the following findings:
Implementing Zoning Ordinance
A. The Project is consistent with Implementing Zoning Ordinance §24.030 (Conditional Use Permit) in
that all required findings for a Conditional Use Permit found in §24.030(G) can be made as follows:
1. The siting of the building or use, and in particular:
a. The siting of the building and use is adequate to accommodate the proposed
telecommunications facility and all associated maintenance.
b. No outdoor activities are proposed as part of the Project.
c. All activities will occur on the existing building rooftop and shall not interfere with the outlook,
light, air, or peace and quiet of surrounding tenants.
Planning Commission Resolution No. 2017 -07 Page 1
d. No display of goods or services are proposed as part of the Project.
e. The telecommunication facility will be a low intensity activity in that there will be no public
access and only routine maintenance will be performed.
2. Traffic circulation and parking, and in particular:
a. There are adequate streets and thoroughfares to accommodate the anticipated traffic for
the proposed use in that Project traffic will be limited to infrequent maintenance vehicles
only.
b. The adequacy of, convenience, and safety of provisions for vehicular access and parking,
including the location of the driveway entrance and exits, will not be changed or altered by
the proposed Project.
c. Truck traffic is not proposed as part of the Project, and therefore the consideration of truck
traffic and timing is not applicable.
3. The compatibility of the proposed building or use with its environment, and in particular:
a. Customer traffic is not proposed as part of the Project, and activity levels will be limited to
infrequent maintenance of the telecommunication facility. The project site is located within
Downtown Petaluma and is not located within the immediate vicinity of schools, libraries,
playgrounds, churches, or hospitals and therefore such uses will not be impacted by the
Project.
b. Hours of operation will be twenty -four (24) hours a day, seven (7) days per week, however
this is an unmanned facility and will not create an impact for other users within the existing
commercial building or nearby uses.
c. The telecommunication facility will be located on the existing building rooftop and will limit
potential off -site effects such as noise, dust, odors, light, or glare. The cylindrical antenna
structure will be painted with a non - reflective paint, and in a color matching the existing
building.
d. The telecommunication facility will not subject the public to any special hazards arising from
the Project. The Project has also demonstrated preliminary compliance with regulations of
the Federal Communications Commission, as outlined in the staff report.
e. The proportion of the total space utilized for the Project is limited to the northwest corner of
the building rooftop, and compatible with the building and surrounding environment.
4. The expected duration of the proposed building, whether temporary or permanent, and the
setting of time limits when appropriate.
a. The expected duration of the proposed building will not change as a result of the Project,
since the building already exists.
5. The degree to which the location of the particular use in the particular location can be
considered a matter of public convenience and necessity.
a. As the Project would facilitate the continued and improved delivery of telecommunication
services to the public at large, this application furthers and improves the public convenience
and necessity.
Planning Commission Resolution No. 2017 -07 Page 2
Petaluma Municipal Code Chapter 14.44
B. The Project is consistent with the Petaluma Municipal Code (PMC) Chapter 14.44
(Telecommunications Facility and Antenna Criteria) in that all applicable standards can be met as
follows;
General Requirements (PMC § 14.44.030)
1. The Project is consistent with applicable general plan goals, objectives, programs, and policies,
as well as the Implementing Zoning Ordinance, Petaluma Municipal Code, Petaluma Historic
Commercial District Design Guidelines, and the Secretary of Interior's Standards as outlined
herein and within the staff report, including associated attachments, dated March 14, 2017.
2. The Project is not in conflict with other chapters of the Petaluma Municipal Code or the
Implementing Zoning Ordinance, of which standards are not in conflict with the requirements
contain in PMC Chapter 14.44, as detailed within the staff report.
3. Conformance with PMC Chapter 17.04 (Uniform Codes for Construction and Regulation of
Buildings and Structures) would be reviewed after approval of the requested Condition Use
Permit during Building Permit review.
4. The Project site is located approximately 1.6 miles from the Petaluma Municipal Airport, and is
not located within any of the airport safety zones delineated in the Sonoma County
Comprehensive Airport Land Use Plan, Exhibit C3.
5. The Project site is not located within a Planned Unit District (PUD) and is not subject to any
easements that would conflict with the Project.
6. The Project is located within the MU2 zoning district which does not require minimum setbacks for
the subject property. Therefore, the antenna will not be located within any required yard
setback area.
7. Since the MU2 zoning district does not require minimum setbacks for the subject property, this
requirement is not applicable.
8. As discussed in the staff report, the Project has demonstrated preliminary compliance with the
rules, regulations, and standards set forth by the Federal Communications Commission (FCC).
9. The Petaluma Police Department has reviewed the application and provides no specific
comments or requirements. Nonetheless, Condition of Approval #4 requires Police Department
review and approval of a security plan prior to building permit issuance.
10. The applicant is required to register the proposed wireless facility with the City prior to building
permit issuance, as provided by Condition of Approval #5.
Structural Standards (PMC § 14.44.160)
1. Mandatory compliance with building code standards ensures the Project will comply with
specialized structural standards to address wind forces and earthquakes, as required through
Condition of Approval #3.
Design Standards (PMC § 14.44.170)
1. The Project does not involve a telecommunications tower, however, the antenna structure will
be constructed out of metal and other nonflammable materials.
Planning Commission Resolution No. 2017 -07 Page 3
The Project does not involve a telecommunications tower and therefore this finding is not
applicable.
3. The Project does not involve a satellite dish and therefore this finding is not applicable.
4. Proposed telecommunication support facilities will be constructed out of non - reflective materials
and will be placed behind rooftop parapet walls, and therefore will not be visible from any
public right -of -way.
5. Proposed telecommunication support facilities will not be taller in height than existing parapet
walls, which are 2 feet -8 inches in height from the roof base to the top of parapet. Therefore,
support facilities will not be taller than one story or fifteen feet in height.
6. Proposed telecommunication support facilities will not be located in an area of high visibility,
and will be placed behind roof parapet walls for visual screening. The Project is not located near
a ridgeline and is not visible from a public right -of -way.
7. The Project incorporates a "flat" paint whereas the antenna structure, partially visible from the
street, will be painted to match the existing building exterior to minimize its visibility to the
greatest extent feasible.
8. The Project is located on a building rooftop. The applicant has submitted the required
information to demonstrate the worst case elevation at Kentucky Street. Project renderings, as
attached to the staff report, demonstrate the proposed antenna from three vantage points
where the antenna would be visible from. The applicant states that the proposed antenna
radome is fabricated to accommodate only three panel antenna inside, therefore future
colocation within the specific radome is not possible and the radome would have to be rebuilt
to accommodate colocation.
9. The Project is located within the Petaluma Historic Commercial District, a National Register
District. The Historic and Cultural Preservation Committee requires the design of the
telecommunication facility as represented in project plans, and consistent with Project
Conditions of Approval for the Conditional Use Permit and Historic Site Plan and Architectural
Review.
10. The applicant is required to submit a sufficient security plan for approval by the Police Chief prior
to building permit issuance, as required through Condition of Approval #4. The door to the
rooftop at the elevator shaft will remain permanently locked to prevent persons from accessing
the rooftop.
Location Standards (PMC § 14.44.190)
1. The Project is not located within the safety zone of the Petaluma Municipal Airport or any
helipad as delineated in the Sonoma County Comprehensive Airport Land Use Plan (CALUP) at
Exhibit C3.
2. The Project does not involve any installation at a location where special painting or lighting will
be required by the FAA regulations, as the project site is not within or near a safety zone of the
Petaluma Municipal Airport.
3. The Project will not be installed on an exposed ridgeline, in or at a location readily visible from
Highway 101, at a public trail, public park or other outdoor recreation area, or in a property
designated with a Floodway or Park -Open Space land use per the Petaluma General Plan.
4. Two existing telecommunication facilities are located within '/2 mile of the project site, including
facilities at the Hotel Petaluma (205 Kentucky Street) and Dairyman's Feed and Supply (323 East
Planning Commission Resolution No. 2017 -07 Page 4
Washington). However, the proposed Project is not readily visible from off -site and will blend with
the surrounding existing natural and manmade environment, since a portion of the antenna and
all support equipment will be screened by parapet walls and the portion of antenna visible will
be painted to match the existing building and therefore will effectively blend into the
environment. According to the applicant, neither of these two existing locations will satisfy
Verizon's needs as the Hotel Petaluma location would limit their ability to serve the area south of
Western Avenue, and Verizon already has a facility at Dairyman's Feed and Supply and
therefore the purpose of this small cell site is to offload the existing network from this site.
The Project will be sited on a building that is not already developed with telecommunication
facilities, however the facility will not be readily visible from off -site. The Project will blend with the
surrounding existing natural and manmade environment in such a manner that it will be
effectively unnoticeable and as found acceptable by the HCPC. The applicant provided
information demonstrating the need for a facility at this location, as discussed in the staff report
dated March 14, 2017.
The Project does not involve a telecommunications tower and therefore this finding is not
applicable.
Lighting (PMC § 14.44.220)
1. The proposed telecommunication facility will be unlit, as required through Condition of Approval
#11.
Roads and Parking (PMC § 14.44.230)
1. The proposed Project will be served by existing roads and parking and does not necessitate
additional facilities.
Landscaping (PMC § 14.44.240)
The location of the proposed telecommunication facility on the building rooftop does not
necessitate installation of landscaping to screen the equipment.
Fire Prevention (PMC § 14.44.250)
The Fire Department has reviewed the application and has no specific comments or
requirements. Nonetheless, Condition of Approval #3 requires that the applicant demonstrate
compliance with this section prior to Building Permit issuance.
Environmental Resources (PMC § 14.44.260)
The site is located in a densely populated urban area in Downtown Petaluma within the MU2
zoning designation surrounded by commercial buildings. Therefore, the Project will not
significantly threaten the health or survival or rare, threatened, or endangered plant or animal
species.
2. The Project is located on an existing building rooftop and therefore will not damage an
archaeological site. The proposed telecommunications facility has been reviewed for its
potential to have an adverse effect on the historic character of a historic feature or site, as
analyzed in the HCPC staff report. The facility will be confined to the rear corner of the roof and
will not alter or obscure any essential character defining features or materials of the building. The
Project does not propose the removal of any historic features and will be an obviously new
feature that will not be mistaken as a historic component of the subject building. The Project is
also consistent with the Historic District's design guidelines, the Implementing Zoning Ordinance,
the General Plan, and the Secretary of the Interior's Standards for Rehabilitation.
Planning Commission Resolution No. 2017 -07 Page 5
3. The US Fish and Wildlife Service has prepared guidelines for reducing risk of impacts to migratory
birds from installation of cell towers. According to these guidelines,
"Most documented bird kills at communication towers involve tall, lighted structures, and
birds migrating at night during inclement weather. During these events, birds attracted by
the lights congregate and circle around the tower, with mortality resulting from collisions with
guy wires, other birds, and the ground, or from exhaustion."
The proposed telecommunication facility is seven feet in height, is located within an urbanized
area of Downtown Petaluma, and will not include a lighted structure, therefore the project will
not threaten the health or safety of migratory birds.
4. The Project is not located within a mapped flood zone.
The Project does not include any grading or road construction work, and therefore potential
adverse visual impacts from such work is not applicable.
6. The Project site is located nearby to Putnam Plaza Park, however the Project will not be visible
from this area or other nearby public use areas due to existing surrounding urban development.
The Project is confined to a portion of the existing building rooftop and therefore will not require
any drainage, erosion, or sediment controls to abide soil erosion and sedimentation of
waterways.
Noise and Traffic (PMC § 14.44.270)
1. The Project will not create a disruption to nearby residents or users of nearby recreational areas,
as it is located within Downtown Petaluma within an urban area. Construction period limitations
of this section are included at Condition of Approval #8. The project excludes a backup
generator. As the facility will be unmanned, vehicle trips upon operation would be limited to
occasional maintenance.
Visual Compatibility (PMC § 14.44.280)
The proposed telecommunications facility will be located, designed, and screened to blend
with the existing natural and built surroundings to reduce visual impacts while also considering
the technological requirements of the proposed service. The facility will be sited on an existing
building rooftop at the rear corner and designed to reduce visual impacts from the public right -
of -way and adjacent businesses. The Project utilizes existing rooftop parapets to screen
equipment to the maximum extent feasible.
2. The proposed telecommunications facility will not substantially alter the character of the
structure or local area since it will be minimally visible from the public right -of -way and adjacent
businesses, and will be painted with "flat" paint to blend with the existing building.
3. The applicant is required to remove and dispose of all waste and debris following the assembly
and installation of the facility, as required through Condition of Approval #13.
The applicant provided visual simulations of the proposed Project as viewable from three
vantage points (see HCPC staff report and associated attachments). The HCPC has reviewed
the visual impacts of the proposed telecommunications facility, and assessed the cumulative
impacts of the facility from public areas and private residences, and has approved the
proposed facility per Project plans and required Conditions of Approval.
Nonionizing Electromagnetic Radiation (NEIR) Exposure (PMC § 14.44.290)
Planning Commission Resolution No. 2017 -07 Page 6
I . The American National Standards Institute (ANSI) standard C95.1 -1992 has been replaced with
the more recent standard of IEEE C95.1 -2005. The applicant has submitted a Radio Frequency
(RF) Exposure Study prepared by Hammett & Edison that demonstrates compliance with FCC
guidelines for public exposure to RF emissions. As mentioned within the HCPC staff report dated
March 14, 2017, this element of the application is not subject to local review.
2. The project site is located within Downtown Petaluma, and is not located within 400 feet of
broadcast radio and television facilities, residential uses or sensitive receptors such as schools,
churches, and hospitals.
3. As cited in the HCPC staff report, the authority to regulate the effective radiated power (ERP)
and NEIR level from antenna is preempted by federal statute through rules promulgated by the
FCC. Therefore, this federal preemption precludes the City from exercising review authority over
such radiation levels.
Petaluma General Plan
C. The project concerns a three -story commercial structure designed in the streamline modern style
and within the Petaluma Historic Commercial District, a National Register District. The Project is, for
the reasons described in the staff report dated March 14, 2017, consistent with the Petaluma
General Plan.
California Environmental Quality Act
D. The proposed project is categorically exempt from the provisions of CEQA under CEQA Guidelines
§ 15303 (New Construction) because it involves construction of a telecommunications facility, which
is considered a small new facility, in an area that is permissible by the IZO and an area in which the
project is not environmentally sensitive. Additionally, the project does not trigger any of the
exceptions to the exemption outlined in CEQA Guidelines § 15300.2.
Conditions of Approval
Based on its review of the entire record herein, including the March 14, 2017 staff report, all
supporting, referenced, and incorporated documents and all comments received and foregoing
findings, the Planning Commission hereby approves a Conditional Use Permit for the installation of a
"major" telecommunication facility within the MU2 zoning district, and subject to the Conditions of
Approval provided at Exhibit 1.
Planning Commission Resolution No. 2017 -07 Page 7
ADOPTED this 14th day of March, 2017, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Albertson
X
Benedetti- Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
ATTEST:
Diana Gomez, Chair
APPROVED AS TO FORM:
H ther Hines, ConyCission Secretary Lisa Tennenb m, Assistant City Attorney
Planning Commission Resolution No. 2017 -07 Page 8
Exhibit I
CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
Verizon Wireless Telecommunications Project
Located at 109 Kentucky Street
A P N : 006 - 363 -020
FILE NO: PLMA -17 -0001
Planning Division
1. Plans submitted for Building Permit shall be in substantial conformance with plans date stamped
February 16, 2017, and in conformance with all other supporting documentation for the Project as
attached to the staff report.
2. Plans submitted for Building Permit shall include these Conditions of Approval as notes on the first
sheet of the office and job site copies.
3. Plans submitted for Building Permit shall show compliance with the following Municipal Code
sections:
a. §14.44.160 (Telecommunications Facilities - Structural Requirements);
b. § 14.44.180 (Critical Disaster Response Facility); and
c. §14.44.250 (Fire Prevention).
4. Prior to issuance of a Building Permit, the applicant shall submit verification from the Petaluma Police
Chief that the facility either proposes an appropriate security program or that such a program has
been deemed unnecessary by the Police Chief.
5. The applicant shall register the facility with the City of Petaluma pursuant to Petaluma Municipal
Code § 14.44.040 (Registration of Telecommunications Carriers and Providers).
6. The applicant shall comply with all Federal Communications Commission (FCC) rules, regulations,
and standards at all times.
7. The applicant shall be subject to all applicable development fees. Said fees are due at time of
Building Permit issuance, at which time other pertinent fees that may be applicable to the Project
will be collected.
8. Construction and operation activities of the telecommunication facility is authorized by this
Conditional Use Permit, and shall comply with Petaluma Municipal Code Chapter 14.44 as follows:
a. Outdoor noise producing construction activities shall only take place on weekdays (Monday -
Friday, non - holiday) between the hours of 7:30 a.m. and 5:30 p.m.
b. Exterior noise level shall not exceed 60dB at the property line.
c. Maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.,
unless otherwise required for emergency maintenance.
d. Traffic at all times shall be kept to an absolute minimum, but in no case more than two round
trips per day on an average annualized basis once construction is complete.
9. The applicant shall comply with all recommended mitigation measures included within the Radio
Frequency Exposure Study prepared by Hammett & Edison and dated April 26, 2016. This includes
keeping the roof access door at the elevator shaft locked at all times to prevent public access to
the roof.
Planning Commission Resolution No. 2017 -07 Page 9
10. This Conditional Use Permit shall be effective for a period of ten (10) years. Continuation of the
"major" telecommunication facility beyond this period shall require a new Conditional Use Permit
pursuant to Petaluma Municipal Code § 14.44.150 (Life of Permits). If at any time the facility becomes
non - operational, all antenna and associated equipment shall be removed.
11. This Conditional Use Permit does not authorize the installation and operation of outdoor lighting or a
back -up generator to serve the telecommunication facility.
12. Failure to supply the required reports or to remain in continued compliance with the NIER standard
established by Petaluma Municipal Code Chapter 14.44 shall be grounds for the revocation of this
Conditional Use Permit.
13. The applicant shall remove and dispose of all waste and debris following the assembly and
installation of the facility.
14. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions,
agents, officers, and employees from any claim, action, or proceeding against the City, its boards,
commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals
of the project, when such claim or action is brought within the time period provided for in
applicable State and /or local statutes. The City shall promptly notify the applicants /developers of
any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained
in this condition shall prohibit the City from participating in a defense of any claim, action, or
proceeding and if the City chooses to do so appellant shall reimburse City for attorneys' fees by the
City.
Department of Public Works and Utilities
15. An encroachment permit shall be required for any work within the public right -of -way, including any
crane staging and lading /unloading.
Planning Commission Resolution No. 2017 -07 Page 10