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HomeMy WebLinkAboutStaff Report 4.A 07/16/2018ALrr- rs5$ DATE: July 16, 2018 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Ingrid Alverde, Economic Development Manager Lisa Tennenbaum, Assistant City Attorney SUBJECT: Introduction (First Reading) of an Ordinance Making Amendments to the City of Petaluma Municipal Code and Implementing Zoning Ordinance Regulating Small Cell Facilities RECOMMENDATION It is recommended that the City Council Introduce an Ordinance Amending the Petaluma Municipal Code and the Implementing Zoning Ordinance to Add a Definition for Small Cell Facilities to Outline Regulations for the Installation and Location of Small Cell Facilities in Petaluma, and Adding a Column for Small Cell Facilities to the Zoning Table. BACKGROUND Over the past several months, telecommunications companies have requested staff guidance on the installation of cellular equipment on City infrastructure such as light poles. These "Small Cell Facilities" are cellular infrastructures that are smaller than traditional standalone cell towers and building mounted towers. Small Cell Facilities are pole mounted to existing utility infrastructure (street lights, power poles, etc.). These sites are used to offset the wireless utility workload of larger cell towers to provide coverage on a more localized (block -wide) basis and provide consistent and continuous coverage and downloading of data. To date, the staff response to inquiries from providers of Small Cell Facilities has consistently been that the City is not interested in having Small Cell Facilities mounted on City owned infrastructure, which the City has the right to refuse to do. The concerns regarding Small Cell Facilities on City owned infrastructure included wear and tear on City owned property, health concerns to adjacent residents, and the intrusion of related electrical equipment in the right-of-way. A recent California Public Utilities Commission decision, however, requires utility companies to allow the co -location of Small Cell Facilities on utility company owned infrastructure. This means that a telecommunications company would have access to Pacific Gas and Electric (PG&E), or any other utility company owned poles throughout the City. As such, it is recommended that the Petaluma Municipal Code (PMC) governing telecommunications infrastructure be amended to address Small Cell Facilities. Currently, the Small Cell Facilities, as emerging technology, are not covered by any existing PMC definitions regarding Telecommunication Facilities. It is also recommended that the City's Implementing Zoning Ordinance (IZO) Section 7.090 be amended to clearly identify where these facilities can be located and what permits are required. In accordance with the California Public Utilities Code and various other state laws, the City cannot ban Small Cell Facilities. The City may, however, limit how, where, and in what manner the infrastructure may be permitted so long as any limits apply equally to all telecommunication companies equally. The proposed updates to the IZO and PMC would treat all telecommunications companies equally, and therefore are permissible under current law. DISCUSSION To address Small Cell Facilities, it is recommended that PMC Section 14.44 be amended to define Small Cell Facilities and further describe how they can be installed within the City limits. The City's IZO should be updated to include the new Small Cell Facility as its own type of facility with a separate definition, and to identify where they can be located on the zoning table that addresses Telecommunications Facilities (Section 7.090.) Municipal Code Section 14.44, as proposed, would also include the following additional requirements for Small Cell Facilities: • All new wires needed to service small cell facilities shall be installed within the circumference of the existing pole, and shall not add any height to the pole; • All ground -mounted equipment that cannot be installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the pole; • Each small cell facility must be no less than 1,500 feet away from the nearest small cell facility; • Aside from the transmitter/antenna itself, no additional equipment shall be visible; • An encroachment permit must be obtained before any right-of-way work can commence; and • Small cell facilities must be at least 200 feet away from any residence. Chapter 7.090 of the IZO presents a matrix of where telecommunication facilities are allowed by right or Conditional Use Permit in each zone. It is proposed that a new paragraph be added to Section 7.090 (C) to provide a definition for Small Cell Facilities and that Table 7.090(B) be amended to add a column for the newly defined "Small Cell" telecommunications facility. The attached Ordinance includes these proposed changes, which will minimize neighborhood impacts from Small Cell Facilities while providing for appropriate placement of such facilities. Zoning text amendments are governed by Chapter 25 of the IZO and by California Government Code Section 65853. Chapter 25 provides that the Planning Commission may recommend zoning text amendments for approval to the City Council based on Planning Commission findings that the proposed amendments are in conformance with the City's General Plan and consistent with the public necessity, convenience, and general welfare. Modifications were made to the proposed ordinance, per the Planning Commission resolution, to not require independent electricity, as that was only a concern for City owned facilities, which are not being considered. Additionally, the Planning Commission asked the City Council to consider increasing the distance buffer from any residence. As currently written, no Small Cell Facility can be installed within 200' of any residence. Included as Attachments 2-1 through 2-6 are illustrations showing examples of the recommended 200' buffer, a 500' buffer, and a 750' buffer. Attachments 2-1 to 2-3 show most of area within the City limits, and attachments 2-4 to 2-6 show a portion of the City. The City Council should note that the attachments show the buffers around all Residential Zones, however the attachments do not show buffers around individual residences where that residence maybe in a zone other than residential. It is staff's recommendation not to extend the buffer. The ordinance as proposed has three levels of security for residential neighborhoods; 1) Small Cell Facilities are prohibited in any residential zone; 2) each Small Cell Facility must be at least 1500' feet from the nearest Small Cell Facility; and, 3) the 200' buffer from any residence. To create a larger buffer has the potential to eliminate Small Cell Facilities entirely, creating, in essence, a potential ban and exposure to litigation. Compared to both neighboring and distant jurisdictions throughout the state, the regulatory approach recommended by staff is robust. Santa Rosa, for example, does not prohibit Small Cell Facilities in residential neighborhoods and only requires that such facilities in the right-of-way meet standard setbacks. There are no county, state or federal standard recommendations regarding distance from residences. Requirements from various jurisdictions are inconsistent; many have no regulation regarding distance from residences, others fluctuate from 75' to 500', and others have only a preference for non-residential sites but reserve discretion to include small cells in residential zones. Staff recommends introducing the ordinance as written, with the three- pronged restrictions with regards to residences, which creates restrictive but not prohibitive requirements for installation of small cell facilities. The Planning Commission also requested that the City Council consider regulating the frequency emissions related to Small Cell Facilities. Radio Frequency Emissions (RFE) standards for telecommunications facilities are regulated by the Federal Communications Commission (FCC). Therefore, the City cannot mandate the emission standards. The City could require testing and enforce the FCC standards for any telecommunications facility not in compliance. Section 14.44.290 of the PMC, however, already requires reports for any initial installation of a telecommunications facility and continuing reports for any telecommunications facility near a residence. Staff does not recommend that the PMC be modified with regards to RFE. The steps taken to limit Small Cell Facility locations should adequately address concerns related to RFE, without creating enforcement problems or interfering with federal requirements. This change conforms with General Plan section 7-G-2 that states that the City should encourage the development of infrastructure and services to allow equal access to all who live, work and study in Petaluma to utilize new technologies to communicate with institutions from the local to the global level. The proposed changes to the PMC and the IZO comply with the General Plan policy as Petaluma provides service coverage throughout the community through larger facilities that reach residential and commercial neighborhoods in a consistent manner, and with the best interests of the public in mind. The proposed amendments are consistent with the public necessity, convenience and welfare in that they: • Identify how and where Small Cell Facilities can be located • Limit the visible and other impacts such facilities will have on Petaluma neighborhoods • Assure proper distribution of the facilities throughout the community The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b) (2), 15183, and 15301 as follows: Section 15061(b) (2), the General Rule, of the CEQA Guidelines is applicable as the project is exempt due to a categorical exemption and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. Section 15183 of the CEQA Guidelines provides an exemption for projects that are consistent with the General Plan. The subject zoning text amendments will direct Small Cell Facilities to appropriate business and industrial zones. Section 15301 of the CEQA Guidelines is applicable in that the proposed zoning amendments will allow Small Cell Facilities with a City of Petaluma Conditional Use Permit and Encroachment Permit that: 1) add Small Cell Facilities to existing public utilities designed to support such uses and 2) modify existing public utilities with a new ancillary structure, without interfering with the principle use and adding utility to the community. There are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable. For the above reasons, the proposed amendments are exempt from environmental review. FINANCIAL IMPACTS There are no fiscal impacts from the proposed action. All small cell facility applications will be processed through the Planning Division on a cost recovery basis. ATTACHMENTS 1. An Ordinance Amending the Petaluma Municipal Code and Implementing Zoning Ordinance 2. Distance Comparisons - Small Cell Sites 3. June 12, 2018 Planning Commission Staff Report and Attachments 4 ATTACHMENT I ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 14.44 OF THE PETALUMA MUNICIPAL CODE AND CHAPTER 7, SECTION 7.090 OF THE IMPLEMENTING ZONING ORDINANCE TO ADD A DEFINITION FOR SMALL CELL FACILITIES, TO OUTLINE REGULATIONS FOR THE INSTALLATION AND LOCATION OF SMALL CELL FACILITIES IN PETALUMA AND ADDING A COLUMN FOR SMALL CELL FACILITIES TO THE ZONING TABLE WHEREAS, California Public Utilities Code Section 7901.1 gives the City the right to control, in a reasonable manner, the time, place, and manner where telecommunications facilities can be located in City rights of way, so long as the controls are applied to all entities in an equivalent manner; and WHEREAS, the Petaluma Municipal Code (PMC), in Chapter 14.44 and the City's Implementing Zoning Ordinance (IZO), Ordinance 2300 N.C.S, in Chapter 7.090 both regulate telecommunications facilities within Petaluma; and WHEREAS, existing telecommunications companies have requested the addition of Small Cell Facilities within Petaluma to offload data from existing telecommunications infrastructure; and WHEREAS, the City, at this time, and within its absolute right as owner of City property, declines to add or permit the adding of small cell telecommunications facilities to existing City infrastructure; and WHEREAS, by precedent set in GTE Mobilnet of Cal. Ltd. P'sbip v. City & Cty. of Saiz Francisco, 440 F. Supp. 2d 1097 (N.D. Cal. 2006), Small Cell Facilities may be located on existing privately -owned infrastructure in the public right-of-way; and WHEREAS, under California Public Utilities Code Section 7901, the City may not ban such Small Cell Facilities; and WHEREAS, in order to protect the general welfare of citizens of Petaluma, the City Council intends to update the PMC and IZO to limit the siting of small cell facilities within the scope of existing laws; and WHEREAS, Section 25.010 of the City's IZO provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850, which matters include the use of buildings and structures, shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the City's General Plan and consistent with the public necessity, convenience and general welfare in accordance with Section 25.050(B) of the IZO; and WHEREAS, on June 12, 2018, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the IZO to consider the proposed amendments to the PMC and IZO concerning small cell sites; and WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted Resolution No. 2018-19, recommending that the City Council adopt the amendments; and WHEREAS, the City Council finds that the proposed edits to Chapter 14.44 of the PMC and to the IZO, Ordinance 2630 N.C.S. are exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(2), 15183 and 15301 because the project is exempt due to a categorical exemption and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2, the proposed amendments will direct Small Cell Facilities to appropriate business and industrial zones; and because the proposed zoning amendments will allow Small Cell Facilities with a City of Petaluma Conditional Use Permit and Encroachment Permit that: 1) add Small Cell Facilities to existing public utilities designed to support such uses and 2) modify existing public utilities with a new ancillary structure, without interfering with the principle use and adding utility to the community, and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable; and WHEREAS, the amendments contained in this ordinance to modify Chapter 14, Section 14.44 of the PMC and Chapter 7, Section 7.090 - Telecommunications Facilities of the IZO implement, consistent with applicable state laws, the precise requirements, including location, for Small Cell Facilities in the City; and WHEREAS, on July 5, 2018, a public notice of the July 16, 2018 public hearing before the City Council to consider the proposed PMC and IZO amendments was published in the Petaluma Argus -Courier; and, WHEREAS, on July 16, 2018, the City Council held a duly noticed public hearing to consider the amendments; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds: 1. In accordance with Sections 25.010 and 25.050(B) of the City's IZO, Ordinance No. 2300 N.C.S., the proposed amendments to the IZO in Chapter 7, Section 7.090 - Telecommunications Facilities contained in this ordinance are in general conformity with the Petaluma General Plan 2025 in that these changes do not change the general character and impacts of current zoning regulations. 2. In accordance with Section 25.050(B) of IZO, the proposed amendments are consistent with the public necessity, convenience and welfare in that they: a. Ensure Petaluma's land use and zoning regulations provide safe and appropriate locations where installation of Small Cell Facilities is appropriate; b. Comply with California Public Utilities Code sections 7901 and 7901.1 which permit local regulation of telecommunication facilities; and c. Provide for buffers to assure that Small Cell Facilities are a safe distance from residential land uses. 3. This ordinance is exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301 of the CEQA Guidelines because the project is exempt due to a categorical exemption and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2, the proposed amendments will direct Small Cell Facilities to appropriate business and industrial zones; and because the proposed zoning amendments will allow Small Cell Facilities with a City of Petaluma Conditional Use Permit and Encroachment Permit that: 1) add Small Cell Facilities to existing public utilities designed to support such uses and 2) modify existing public utilities with a new ancillary structure, without interfering with the principle use and adding utility to the community, and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable. Section 2. Sections 14.44.020 and 14.44.090 of Chapter 14.44 - Telecommunications Facility and Antenna Requirement of the PMC are hereby amended to read as follows: 14.44.020 Definitions. S. "Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development. "Telecommunications facility - exempt" includes but is not limited to, the following unless. located within a recognized Historic District: a. A single ground or building mounted receive -only radio or television antenna including any mast, for the sole use of the tenant occupying the residential parcel on which the radio or television antenna is located; with an antenna height not exceeding twenty-five feet; b. A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty-five feet; c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed thirty-five feet; d. A ground or building mounted receive -only radio or television satellite dish antenna, which does not exceed thirty-six inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel. e. All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service which existed at the time of the adoption of this chapter (September, 1996). f. Mobile services providing public information coverage of news events of a temporary nature. g. Hand-held devices such as cell phones, business -band mobile radios, walkie- talkies, cordless telephones, garage door openers and similar devices as determined by the planning director. h. City government owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems, with heights not exceeding thirty-five feet. 2. "Telecommunications facilities - major" are all telecommunication facilities not clearly set forth and included in the definition of exempt, minor or mini facilities. 3. "Telecommunication facility - mini" is an attached wireless communication facility . consisting, but not limited to, the following unless located on a structure recognized as a historic landmark: a. A single ground or building mounted receive -only radio or television antenna including any mast, for the sole use of the tenant occupying the parcel on which the radio or television antenna is located; with an antenna height not exceeding fifty feet; b. A ground or building mounted citizens band radio antenna including any mast, if the height (tower, support structure, post and antenna) does not exceed seventy feet; c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed seventy feet. d. A ground or building mounted receive -only radio or television satellite dish antenna, with diameter exceeding thirty-six inches but less than eight feet in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel. e. Exempt telecommunication facility located within a recognized historic district. f. City owned and operated antennae used for emergency response services, public utilities, operations and maintenance if the height does not exceed seventy feet. If a facility does not meet these criteria then it is considered either an "exempt", "minor" or "major" telecommunication facility. 4. "Telecommunication facility - minor" means any of the following: a. Antenna which meet the definition of "mini" with the exception of the height limit. b. Telecommunication facilities less than thirty-five feet in height and that adhere to Section 14.44.090 of Chapter 14.44 of the Petaluma Municipal Code. c. A single ground or building mounted whip (omni) antenna without a reflector, less than four inches in diameter whose total height does not exceed thirty-five feet; including any mast to which it is attached, located on commercial and/or industrial zoned property. d. A ground or building mounted panel antenna whose height is equal to or less than four feet and whose area is not more than four hundred eighty square inches in the aggregate (e.g., one foot diameter parabola or two feet by one and one-half foot panel) as viewed from any one point, located on commercial or industrial zoned property. The equipment cabinets shall be designed, placed and screened to be unobtrusive and effectively unnoticeable. e. More than three antennas, satellite dishes (greater than three feet in diameter), panel antennas, or combination thereof, are proposed to be placed on the connnlercial or industrial parcel, including existing facilities. f. Building mounted antennas which, in the opinion of the planning director, are unobtrusive or undetectable by way of design and/or placement on the building, regardless of number, when located on commercial or industrial zoned property. g. Telecommunication facilities less than fifty feet in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the city of Petaluma and utilized for public and/or quasi -public uses where it is found by the planning director to be compatible with the existing city uses of the property. h. Telecommunication facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the planning director to be aesthetically compatible with the existing and surrounding structures. i. Telecommunication facilities located on a structure recognized as a historic landmark. If a facility does not meet these criteria then it is considered a "major" telecommunication facility. "Telecommunication facility- co -located" means a telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity. 6. "Telecommunication facility - commercial" means a telecommunication facility that is operated primarily for a business purpose or purposes. 7. "Telecommunication facility - multiple user" means a telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only. 8. "Telecommunications facility - noncommercial" means a telecommunication facility that is operated solely for a non -business purpose. 9. "Telecommunications facility - small cell" means a telecommunications facility that is pole mounted to existing public utility infrastructure. 14.44.095 Small Cell facilities - Basic Requirements. Small Cell facilities as defined in Section 14.44.020 of this chapter may be installed, erected, maintained and/or operated in any commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a minor conditional use permit, so long as all the following conditions are met: A. The Small Cell antenna must connect to an already existing utility pole that can support its weight. B. All new wires needed to service the Small Cell must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole. 9 C. All ground -mounted equipment not installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the utility pole. D. Each Small Cell must be at least 1,500 feet away from the nearest Small Cell facility. E. Aside from the transmitter/antenna itself, no additional equipment may be visible. F. Each Small Cell must be at least 200 feet away from any residence. G. An encroachment permit must be obtained for any work in the public right-of-way. Section 3. Section 7.090 of the IZO Ordinance 2300 N.C.S. is amended to read as follows: 7.090 - Telecommunications Facilities. The following requirements apply to Telecommunications Facilities as defined in the City's Telecommunications Ordinance, Petaluma Municipal Code Chapter 14.44. A. Definitions. The types of facilities regulated by this section are defined in the City's Telecommunications Ordinance, Petaluma Municipal Code Chapter 14.44. B. Telecommunications facilities are allowed only as described in Table 7.090(B). Table 7.090B Zoning Type of Telecommunications Facility District Exempt Mini Minor Major Small OSP A A CUP CUP CUP AG A A - - - RR A A - - - R1 A A - - - R2 A A - - - R3 A A - - - R4 A A - - - R5 A A - - - C1 A A CUP CUP CUP C2 A A CUP CUP CUP MUTA A A CUP CUP CUP MU1B A A CUP CUP CUP MU1C A A - - - MU2 A A CUP CUP CUP BP A A CUP CUP CUP I A A CUP CUP CUP CF A A CUP CUP CUP C. Where a telecommunications facility is permitted by Table 7.090B, the approval(s) required prior to the commencement of the operation of a Telecommunications Facility are as prescribed in subsections 1-4 below. 1. Exempt Facility. An Exempt facility is an Accessory Use and no special permit is required, except when an Exempt facility is located in a Historic District. An Exempt facility located in a Historic District or on the site of a designated landmark is considered IN a Mini Facility subject to administrative Historic and Cultural Preservation approval as prescribed in Section 15.050. 2. Mini Facility. A Mini Facility is an Accessory Use subject to administrative site plan and architectural review approval as prescribed by Section 24.010. When a Mini facility is located in a Historic District or on the site of a designated landmark, the following special permits are required: a. A Minor conditional use permit as prescribed in Section 24.030; and b. Administrative Historic and Cultural Review as prescribed in 15.030. 3. Minor Facility. A Minor facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. When a Minor facility is located in a Historic District or on the site of a designated landmark, approval of a major conditional use permit as prescribed in Section 24.030 and Historic and Cultural Preservation Committee approval as prescribed In Section 15.030 are required. 4. Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.101. 5. Small Facility. A Small Cell Facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. An encroachment permit for public right-of- way work is also required. The right-of-way shall be subject to the designation of the zone adjacent to the right-of-way, for purposes of the Table 7.090(B) designation. D. A Telecommunication facility shall comply with the development standards (Tables 4.6 — 4.13) for the zoning district in which the facility is located, the City's Telecommunications Ordinance, and all other applicable City requirements. Section 4. Except as amended herein, the PMC and the.IZO, Ordinance No. 2300 N.C.S., remain unchanged and in full force and effect. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 7. PostinI4/Publishin2 of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. a� N a) '^r) 0� E O L- 4- 4- L- W W O O N I W J m 73 Q X W x O N c� .U) 0) ry 0 L 4— ^L W M� W 0 LO J 75 Q X W ATTACHMENT 2-2 s;. I 1� N O N L.C. E O L- l' W T W LO V O W J n ATTACHMENT 2-3 k t -72 k% F . 4 y ttl� w a) c O N is c a) .O U) aa)) E O 4- tp m O O N W J n ATTACHMENT 2-4 ON w aD c 0 N c N W ry E 0 L mCD CD LO 1 W J a_ Is w ATTACHMENT 2-5 a�r ATTACHMENT 2-6 f ---------------- UFO, p- U m ATTACH M ENT 2-7 ATTACHMENT 3 Y85$ DATE: June 12, 2018 TO: Planning Commission FROM: Lisa Tennenbaum, Assistant City Attorney SUBJECT: Text Amendments to the City of Petaluma Municipal Code and Implementing Zoning Ordinance Regulating Small Cell Facilities RECOMMENDATION It is recommended that the Planning Commission adopt a resolution recommending that the City Council approve text amendments to the hnplementing Zoning' Ordinance (IZO) and the Petaluma Municipal Code (PMC) to outline regulations for the installation of Small Cell Facilities in Petaluma. BACKGROUND Over the past several months, telecommunications companies have requested staff guidance on the installation of cellular equipment on City infrastructure such as light poles. These "Small Cell Facilities" are cellular infrastructure that are smaller than traditional standalone cell towers and building mounted towers. Small Cell Facilities are pole mounted to existing utility infrastructure (street lights, power poles, etc.) These sites are used to offset the wireless utility workload of larger cell towers to provide coverage on a more localized (block -wide) basis and provide consistent and continuous coverage and downloading of data. At this time, the City Manager has directed City staff that the City is not interested in having Small Cell Facilities mounted on City owned infrastructure, which the City has the right to refuse to do. The concerns regarding Small Cell Facilities on City owned infrastructure included wear and tear on City owned property, health concerns to adjacent residents, and the intrusion of related electrical equipment in the right-of-way. However, staff has learned that a recent California Public Utilities Commission decision requires utility companies to allow the colocation of Small Cell Facilities on utility company owned infrastructure. This means that a telecommunications company would have access to Pacific Gas and Electric (PG&E), or any other utility company owned, poles throughout the City. As such, it is recommended that the City's Municipal Code governing telecommunications infrastructure be amended to address Small Cell Facilities. Currently, the Small Cell Facilities, as emerging technology, do not equate to any existing PMC definitions regarding Telecommunication Facilities. It is also recommended that the City's hnplementing Zoning Ordinance Section 7.090 be amended to clearly identify where these facilities can be located and what permits are required. While the City cannot outright ban Small Cell Facilities, the City may limit how, where and in what manner the infrastructure may be permitted so long as any limits applied apply to all telecom companies equally. An update to the IZO and PMC will treat all telecommunications companies equally. DISCUSSION To address these Small Cell Facilities, it is recommended that Petaluma Municipal Code Section 14.44 be amended to define the Small Cell Facilities and further describe how they can be installed within the City limits. Further, the City's IZO should be updated to include the new Small Cell Facility as its own type of facility with a separate definition, and to identify where they can be located on the zoning table in the section that addresses Telecommunications Facilities (Section 7.090.) Municipal Code Section 14.44, as proposed, will also include the following additional requirements for Small Cell Facilities: • All new wires needed to service small cell facilities shall be installed within the width of the existing pole, not exceed the diameter and height of the existing pole; • All ground -mounted equipment not to be installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the pole; • Each pole must have its own, dedicated power source to be installed and metered separately; • Each small cell facility must be no less than 1,500 feet away from the nearest small cell facility; • Aside from the transmitter/antenna itself, no additional equipment shall be visible; • An encroachment permit must be obtained before any right-of-way work- can commence; and • Small cell facilities must be at least 200 feet away from any residence. Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance (IZO) and by California Government Code Section 65853. Chapter 25 provides that the Planning Commission may recommend zoning text amendments for approval to the City Council based on Planning Commission findings that the proposed amendments are in conformance with the City's General Plan and consistent with the public necessity, convenience, and general welfare. Chapter 7.090 of the IZO presents a matrix of where telecommunication facilities are allowed by right or CUP in each zone. It is proposed that a new paragraph be added to Section 7.0901 (C) to provide a definition for the Small Cell Facilities and Table 7.090(B) be amended to add a column for the newly defined "Small Cell" telecommunications facility. See Attached Ordinance for the proposed changes. These changes will minimize neighborhood impacts from Small Cell Facilities while providing for appropriate placement of such facilities. REQUIRED PLANNING COMMISSION FINDINGS AND DISCRETION To recommend the proposed amendments to the City Council, the Planning Commission must find that they conform to the Petaluma General Plan, and are consistent with the public necessity, convenience and general welfare in accordance with Section 25.050(B) of the hnplementing Page 2 Zoning Ordinance. The Planning Commission has discretion to recommend modifications to the staff proposal. If it does so, the Commission should convey the reasons for the modifications to the City Council. A simple majority vote of the Commission member's present, assuming a quorum of Commissioners is present, suffices to approve a resolution recommending action on the amendments to the City Council. GENERAL PLAN CONSISTENCY This change conforms with General Plan section 7-G-2 that states that the city should encourage the development of infrastructure and services to allow equal access to all who live, work and study in Petaluma to utilize new technologies to communicate with institutions from the local to the global level. The proposed changes to the Municipal Code and the Implement Zoning Ordinance complies with the general plan policy as Petaluma provides service coverage throughout the community through larger facilities that reach residential and commercial neighborhoods. PUBLIC NECESSITY, CONVENIENCE AND WELFARE The proposed amendments are consistent with the public necessity, convenience and welfare in that they: • Identify how and where Small Cell Facilities can be located • Limit the visible impact such facilities will have on Petaluma neighborhoods • Assure proper distribution of the facilities throughout the community ENVIRONMENTAL REVIEW The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b) (3), 15183, and 15301 as follows: Section 15061(b) (3), General Rule, of the CEQA Guidelines is applicable as there is no possibility that the activity may have a significant impact on the environment in that specified uses are limited to those expressly permitted under the proposed zoning text amendments and the permitted uses are subject to compliance with all applicable state laws. Section 15183 of the CEQA Guidelines provides an exemption for projects that are consistent with the General Plan. The subject zoning text amendments will direct Small Cell Facilities to appropriate business and industrial zones. Section 15301 of the CEQA Guidelines is applicable in that the proposed zoning amendments will allow Small Cell Facilities with a City of Petaluma Conditional Use Permit and Encroachment Permit to: 1) add Small Cell Facilities to existing public utilities designed to support such uses and 2) modify existing public utilities with a new ancillary structure, without interfering with the principle use and adding utility to the community. There are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable. Page 3 For the above reasons, the proposed amendments are exempt from environmental review. PUBLIC COMMENT Public notice was published in an eighth page ad in the Argus Courier on May 31, 2018. While no specific public comment has been received in response to this public notice as of preparation of this report, comments related to cellular facilities have been received at several City council meetings. Generally, those comments have related to the perceived harmful health effects caused by cellular transmission. The proposed ordinance is intended to strike a balance regarding limiting any potential health risk, while not addressing them directly, as that is the purview of the federal government. ATTACHMENTS A. Resolution recommending City Council approval of an Ordinance to amend the Petaluma Municipal Code to add the definition of Small Cell Facilities to Section 14.44 of the and Zoning Text Amendment to the Ibnplementing Zoning Ordinance adding Small Cell Facilities to Table 7.090(B) and the definition of Small Cell Facilities to Section 7.090 (C). Exhibit 1 Draft Ordinance B. REDLINE Implementing Zoning Ordinance — Chapter 7 Section 7.090 C. REDLINE Municipal Code Chapter 14.44. Page 4 ATTACHMENT C -- EXHIBIT 1 RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF CHAPTER 14.44 OF THE PETALUMA MUNICIPAL CODE TO ADD A DEFINITION FOR SMALL CELL FACILITIES AND IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 7 SECTION 7.090 — TELECOMMUNICATIONS FACILITIES TO ADD A DEFINITION AND TABLE COLUMN FOR SMALL CELL FACILITIES WHEREAS, California Public Utilities Code Section 7901.1 gives the City the right to control, in a reasonable manner, the time, place, and manner, when applied equally, where telecommunications facilities can be located; and WHEREAS, Petaluma Municipal Code Chapter 14.44 and the Implementing Zoning Ordinance Chapter 7.090 both govern telecommunications facilities within Petaluma; and WHEREAS, as telecommunications facilities are increasingly used, there is a request for the addition of Small Cell facilities within Petaluma from existing telecommunications companies to offload data from existing telecommunications infrastructure; and WHEREAS, the City, at this time, and within its absolute right as owner of its personal property, declines to add small cell telecommunications facilities to existing City infrastructure; and WHEREAS, by precedent set in a Public Utilities Commission case (GTE Nlobibnet of Cal. Ltd. P'ship v. Cite & Cry. of San Francisco, 440 F. Supp. 2d 1097 (N.D. Cal. 2006)), Small Cell Facilities may be located on existing privately -owned infrastructure in the right-of-way; and WHEREAS, under California Public Utilities Code Section 7901, the City may not ban such small cell facilities; and WHEREAS, in order to protect the general welfare of citizens of Petaluma, updates will be made to the Petaluma Municipal Code and Implementing Zoning Ordinance to limit the siting of small cell facilities within the scope of existing laws; and WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850, which matters include the use of buildings and structures, shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan and consistent with the public necessity, convenience and general welfare in accordance with Section 25.050(B) of the IZO; and WHEREAS, the City Council found that due to the negligible environmental impacts anticipated from enactment of the edits to Chapter 14.44 of the Petaluma Municipal Code Ordinance 2634 N.C.S. was exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301; Page 5 WHEREAS, the text amendments contained in Exhibit A to this resolution to modify the City's Municipal Code Chapter 14, Section 14.44 and Implementing Zoning Ordinance, Chapter 7, Section 7.090 — Telecommunications Facilities implements, consistent with applicable state laws, the precise requirements, including location, of where Small Cell facilities can be located; and WHEREAS, on May 30, 2018, public notice of the June 12, 2018 Planning Commission meeting to consider the amendments was published in the Agus -Courier and sent to all members of the public on the interested parties list for this item; and WHEREAS, on June 12, 2018, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the hnplementing Zoning Ordinance to consider the amendments. NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City, of Petaluma as follows: 1. The above recitals are hereby declared to be true and corrected and are incorporated into this resolution as findings of the Petaluma Planning Commission. 2. The text amendments contained in Exhibit 1 to this resolution, which exhibit is hereby made a part of this resolution for all purposes, are exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301of the CEQA Guidelines in that Small Cell facilities will be limited in a consistent manner and permitted in locations consistent with the Telecommunications chapter and state law without creating any additional impacts. 3. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning Ordinance, Ordinance no. 2300N.C.S., ("IZO"), the proposed amendments to the IZO in Chapter 7, Section 7.090 —Telecommunications Facilities contained in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that these changes do not change the general character and impacts of current zoning regulations. In accordance with Section 25.050(B) of IZO, the proposed amendments are consistent with the public necessity, convenience and welfare in that they: a. Ensure Petaluma's land use and zoning regulations provide safe and appropriate locations where installation of Small Cell Facilities are appropriate; b. Comply with California Public Utilities Code sections 7901 and 7901.1 which regulate telecommunication facilities; and c. Provide for buffers to assure that Small Cell facilities are a safe distance from residential land uses. 4. The proposed amendments, attached hereto as Exhibit A, are hereby recommended to the Petaluma City Council for consideration and findings in accordance with Sections 25.010 and 25.050 of the City's Implementing Zoning Ordinance. Page 6 ATTACHMENT C — EXHIBIT 2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF CHAPTER 14.44 OF THE PETALUMA MUNICIPAL CODE TO ADD A DEFINITION FOR SMALL CELL FACILITIES AND IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 7 SECTION 7.090 — TELECOMMUNICATIONS FACILITIES TO ADD A DEFINITION AND TABLE COLUMN FOR SMALL CELL FACILITIES WHEREAS, California Public Utilities Code Section 7901.1 gives the City the right to control, in a reasonable manner, the time, place, and manner, when applied equally, where telecommunications facilities can be located; and WHEREAS, Petaluma Municipal Code Chapter 14.44 and the Implementing Zoning Ordinance Chapter 7.090 both govern telecommunications facilities within Petaluma; and WHEREAS, as telecommunications facilities are increasingly used, there is a request for the addition of Small Cell facilities within Petaluma from existing telecommunications companies to offload data from existing telecommunications infrastructure; and WHEREAS, the City, at this time, and within its absolute right as owner of its personal property, declines to add small cell telecommunications facilities to existing City infrastructure; and WHEREAS, by precedent set in a Public Utilities Commission case (GTE Mobilnet of Cal. Ltd. P'ship v. City & Cry. of Scan Francisco, 440 F. Supp. 2d 1097 (N.D. Cal. 2006)), Small Cell Facilities may be located on existing privately -owned infrastructure in the right-of-way; and WHEREAS, under California Public Utilities Code Section 7901, the City may not ban such small cell facilities; and WHEREAS, in order to protect the general welfare of citizens of Petaluma, updates will be made to the Petaluma Municipal Code and Implementing Zoning Ordinance to limit the siting of small cell facilities within the scope of existing laws; and WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850, ,xhich matters include the use of buildings and structures, shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan and consistent with the public necessity, convenience and general welfare in accordance with Section 25.050(B) of the IZO; and WHEREAS, the City Council found that due to the negligible environmental impacts anticipated from enactment of the edits to Chapter 14.44 of the Petaluma Municipal Code Ordinance 2634 N.C.S. was exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301; Page 7 WHEREAS, the text amendments contained in Exhibit A to this resolution to modify the City's Municipal Code Chapter 14, Section 14.44 and Implementing Zoning Ordinance, Chapter 7, Section 7.090 — Telecommunications Facilities implements, consistent with applicable state laws, the precise requirements, including location, for Small Cell facilities; and WHEREAS, on June 12, 2018, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments. WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted Resolution No. 2018 -XX, recommending that the City Council adopt the amendments; and WHEREAS, on XXXX XX, 2018, a public notice of the XXXX XX, 2018 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on XXXX XX, 2018, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds: 1. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning Ordinance, Ordinance no. 2300N.C.S., ("IZO"), the proposed amendments to the IZO in Chapter 7, Section 7.090 —Telecommunications Facilities contained in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that these changes do not change the general character and impacts of current zoning regulations. In accordance with Section 25.050(B) of IZO, the proposed amendments are consistent with the public necessity, convenience and welfare in that they: a. Ensure Petaluma's land use and zoning regulations provide safe and appropriate locations where installation of Small Cell Facilities are appropriate; b. Comply with California Public Utilities Code sections 7901 and 7901.1 which regulate telecommunication. facilities; and c. Provide for buffers to assure that Small Cell facilities are a safe distance from residential land uses. 2. The text amendments contained in Exhibit 1 to this ordinance, which exhibit is hereby made a part of this resolution for all purposes, are exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301of the CEQA Guidelines in that Small Cell facilities will be limited in a consistent manner and permitted in locations consistent with the Tel ecorn unications chapter and state law without creating any additional impacts. Section 2. Section 14.44 — Telecommunications Facility and Antenna Requirement of the Petaluma Municipal Code is hereby amended to read as follows: Page 8 14.44.020 Definitions S. "Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development. 1. "Telecommunications facility - exempt" includes but is not limited to, the following unless located within a recognized Historic District: a. A single ground or building mounted receive -only radio or television antenna including any mast, for the sole use of the tenant occupying the residential parcel on which the radio or television antenna is located; with an antenna height not exceeding twenty-five feet; b. A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty-five feet; c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed thirty-five feet; d. A ground or building mounted receive -only radio or television satellite dish antenna, which does not exceed thirty- six inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel. e. All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service which existed at the time of the adoption of this chapter (September, 1996). f. Mobile services providing public information coverage of news events of a temporary nature. g. Hand-held devices such as cell phones, business -band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the planning director. h. City government owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems, with heights not exceeding thirty-five feet. 2. "Telecommunications facilities -major" are all telecommunication facilities not clearly set forth and included in the definition of exempt, minor or mini facilities. 3. "Telecommunication facility - mini" is an attached wireless communication facility consisting, but not limited to, the following unless located on a structure recognized as a historic landmark: a. A single ground or building mounted receive -only radio or television antenna including any mast, for the sole use of the tenant occupying the parcel on which the radio or television antenna is located; with an antenna height not exceeding fifty feet; b. A ground or building mounted citizens band radio antenna including any mast, if the height (tower, support structure, post and antenna) does not exceed seventy feet; c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed seventy feet. d. A ground or building mounted receive -only radio or television satellite dish antenna, with diameter exceeding thirty- six inches but less than eight feet in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel. Page 9 e. Exempt telecommunication facility located within a recognized historic district. f. City owned and operated antennae used for emergency response services, public utilities, operations and maintenance if the height does not exceed seventy feet. If a facility does not meet these criteria then it is considered either an "exempt", "minor" or "major" telecommunication facility. 4. "Telecommunication facility - minor" means any of the following: a. Antenna which meet the definition of "mini" with the exception of the height limit. b. Telecommunication facilities less than thirty-five feet in height and that adhere to Section 14.44.090 of Chapter 14.44 of the Petaluma Municipal Code. c. A single ground or building mounted whip (omni) antenna without a reflector, less than four inches in diameter whose total height does not exceed thirty-five feet; including any mast to which it is attached, located on commercial and/or industrial zoned property. d. A ground or building mounted panel antenna whose height is equal to or less than four feet and whose area is not more than four hundred eighty square inches in the aggregate (e.g., one foot diameter parabola or two feet by one and one-half foot panel) as viewed from any one point, located on commercial or industrial zoned property. The equipment cabinets shall be designed, placed and screened to be unobtrusive and effectively unnoticeable. e. More than three antennas, satellite dishes (greater than three feet in diameter), panel antennas, or combination thereof, are proposed to be placed on the commercial or industrial parcel, including existing facilities. f. Building mounted antennas which, in the opinion of the planning director, are unobtrusive or undetectable by way of design and/or placement on the building, regardless of number, when located on commercial or industrial zoned property. g. Telecommunication facilities less than fifty feet in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the city of Petaluma and utilized for public and/or quasi -public uses where it is found by the planning director to be compatible with the existing city uses of the property. h. Telecommunication facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the planning director to be aesthetically compatible with the existing and surrounding structures. i. Telecommunication facilities located on a structure recognized as a historic landmark. If a facility does not meet these criteria then it is considered a "major" telecommunication facility. 5. "Telecommunication facility - co -located" means a telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity. 6. "Telecommunication facility - commercial' means a telecommunication facility that is operated primarily for a business purpose or purposes. 7. "Telecommunication facility - multiple user" means a telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only. 8. "Telecommunications facility - noncommercial' means a telecommunication facility that is operated solely for a non- business purpose. Page 10 9. "Telecommunications facility – small cell" means a telecommunications facility that is pole mounted to existing public utility infrastructure. AND 14.44.095 Small Cell facilities—Basic Requirements. Small Cell facilities as defined in Section 14.44.020 of this chapter may be installed, erected, maintained and/or operated in any commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a minor conditional use permit, so long as all the following conditions are met: A. The Small Cell antenna must connect to an already existing utility pole that can support its weight. B. All new wires needed to service the Small Cell must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole. C. All ground -mounted equipment not to be installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the utility pole. D. Each pole is to have its own, dedicated power source to be installed and metered separately. E. Each Small Cell is to be no less than 1,500 feet away from the nearest Small Cell facility. F. Aside from the transmitter/antenna itself, no additional equipment shall be visible. G. No Small Cell shall be within 200 feet of any residence. H. An encroachment permit must be obtained for any work in the right-of-way. Section 3. Section 7.090 of the Implementin Zoning oning Ordinance is amended to read as follows: 7.090 - Telecommunications Facilities The following requirements apply to Telecommunications Facilities as defined by the City's Telecommunications Ordinance (Municipal Code 14.44). A. Definitions. The types of facilities regulated by this section are defined in the City's Telecommunications Ordinance (Municipal Code 14.44). B. Telecommunications facilities are allowed only as described in Table 7.090(6). Page I1 ^V! W O N c ry 0 4- W C) N I W J n Q X W ATTACHMENT 2-1 oil a Fj` ATTACHMENT 2-2 r �` 1 fir,,` 1 ®✓tr �.e 1 rFn i I r I � I ' p _ j r � N C O N c .U) ry E O 4.- a� 00 0 LO w J n ATTACHMENT 2-3 (D c 0 N 75 c a) ry E 0 L 4-- L m C) N W J a Q X w ATTACHMENT 2-4 a� c 0 N co c 0 0 ry F- 0 L 4- m b C)'^ Y J W J CL ATTACHMENT 2-5 t L t a� c 0 N c a� U) a) reE 0 4- L M� W W J a_ WE ATTACHMENT 2-6 a v U m cn ATTACH ME NT 2-7 Table 7.0908 Zoning Type of Telecommunications Facility District Exempt Mini Minor Major Small OSP A A CUP CUP CUP AG A A RR A A R1 A A R2 A A R3 A A - R4 A A R5 A A C1 A A CUP CUP CUP C2 A A CUP CUP CUP MU1A A A CUP CUP CUP MU1B A A CUP CUP CUP MU1 C A A - - MU2 A A CUP CUP CUP BP A A CUP CUP CUP I A A CUP CUP CUP CF A A CUP CUP CUP Where a telecommunications facility is permitted by Table 7.090B. the approval(s) required prior to the commencement of the operation of a Telecommunications Facility areas prescribed in subsections 1-4 below. 1. Exempt Facility. An Exempt facility is an Accessory Use and no special permit is required,except when an Exempt facility is located in a Historic District an Exempt facility located in a Historic District or on the site of a designated landmark is considered a Mini Facility subject to administrative Historic and Cultural Preservation approval as prescribed in Section 15.050. 2. Mini Facility. A Mini Facility is an Accessory Use subject to administrative site plan and architectural review approval as prescribed by Section 24.010. When a Mini facility is located in a Historic District or on the site of a designated landmark, the following special permits are required: a. A Minor conditional use permit as prescribed in Section 24.030; and b. Administrative Historic and Cultural Review as prescribed in 15.030. 3. Minor Facility. A Minor facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. When a Minor facility is located in a Historic District or on the site of a designated landmark, approval of a major conditional use permit as prescribed in Section 24.030 and Historic and Cultural Preservation Committee approval as prescribed In Section 15.030 are required. 4. Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.101. 5. Small Facility, A Small Cell facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. An encroachment permit for right-of-way work is also required. The right-of-way shall carry the designation of the zone adjacent to the right-of-way, for purposes of Table 7.090(B) designation. D. A Telecommunication facility shall comply with the development standards (Tables 4.6 — 4.13) for the zoning district in which the facility is located, the City's Telecommunications Ordinance, and all other applicable City requirements. Page 12 Section 4. Except as amended herein, the City of Petaluma Municipal Code and the hnplementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remain unchanged and in full force and effect. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not. affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 7. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. Page 13 ATTACHMENT C — EXHIBIT 3 CHAPTER 14.44 TELECOMMUNICATIONS FACILITY AND ANTENNA CRITERIA 14.44.020 Definitions. For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section: S. "Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development. 1. "Telecommunications facility - exempt' includes but is not limited to, the following unless located within a recognized Historic District: a. A single ground or building mounted receive -only radio or television antenna including any mast, for the sole use of the tenant occupying the residential parcel on which the radio or television antenna is located; with an antenna height not exceeding twenty-five feet; b. A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty-five feet; c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed thirty-five feet; d. A ground or building mounted receive -only radio or television satellite dish antenna, which does not exceed thirty-six inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel. e. All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service which existed at the time of the adoption of this chapter (September, 1996). f. Mobile services providing public information coverage of news events of a temporary nature. g. Hand-held devices such as cell phones, business -band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the planning director. h. City government owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems, with heights not exceeding thirty-five feet. 2. "Telecommunications facilities -major" are all telecommunication facilities not clearly set forth and included in the definition of exempt, minor or mini facilities. 3. 'Telecommunication facility - mini" is an attached wireless communication facility consisting, but not limited to, the following unless located on a structure recognized as a historic landmark: a. A single ground or building mounted receive -only radio or television antenna including any mast, for the sole use of the tenant occupying the parcel on which the radio or television antenna is located; with an antenna height not exceeding fifty feet; Page 14 b. A ground or building mounted citizens band radio antenna including any mast, if the height (tower, support structure, post and antenna) does not exceed seventy feet; c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed seventy feet. d. A ground or building mounted receive -only radio or television satellite dish antenna, with diameter exceeding thirty-six inches but less than eight feet in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel. e. Exempt telecommunication facility located within a recognized historic district. f. City owned and operated antennae used for emergency response services, public utilities, operations and maintenance if the height does not exceed seventy feet. If a facility does not meet these criteria then it is considered either an "exempt", "minor" or "major" telecommunication facility. 4. "Telecommunication facility - minor" means any of the following: a. Antenna which meet the definition of "mini" with the exception of the height limit. b. Telecommunication facilities less than thirty-five feet in height and that adhere to Section 14.44.090 of Chapter 14.44 of the Petaluma Municipal Code. c. A single ground or building mounted whip (omni) antenna without a reflector, less than four inches in diameter whose total height does not exceed thirty-five feet; including any mast to which it is attached, located on commercial and/or industrial zoned property. d. A ground or building mounted panel antenna whose height is equal to or less than four feet and whose area is not more than four hundred eighty square inches in the aggregate (e.g., one foot diameter parabola or two feet by one and one-half foot panel) as viewed from any one point, located on commercial or industrial zoned property. The equipment cabinets shall be designed, placed and screened to be unobtrusive and effectively unnoticeable. e. More than three antennas, satellite dishes (greater than three feet in diameter), panel antennas, or combination thereof, are proposed to be placed on the commercial or industrial parcel, including existing facilities. f. Building mounted antennas which, in the opinion of the planning director, are unobtrusive or undetectable by way of design and/or placement on the building, regardless of number, when located on commercial or industrial zoned property. g. Telecommunication facilities less than fifty feet in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the city of Petaluma and utilized for public and/or quasi -public uses where it is found by the planning director to be compatible with the existing city uses of the property. h. Telecommunication facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the planning director to be aesthetically compatible with the existing and surrounding structures. i. Telecommunication facilities located on a structure recognized as a historic landmark. If a facility does not meet these criteria then it is considered a "major" telecommunication facility. Page 15 5. "Telecommunication facility - co -located" means a telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity. 6. 'Telecommunication facility - commercial' means a telecommunication facility that is operated primarily for a business purpose or purposes. 7. 'Telecommunication facility- multiple user" means a telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only. 8. 'Telecommunications facility - noncommercial' means a telecommunication facility that is operated solely for a non -business purpose. 9. "Telecommunications facility — small cell' means a telecommunications facility that is pole mounted to existing public utility infrastructure. Page 16 ATTACHMENT C — Exhibit 4 14.44.095 Small Cell facilities—Basic Requirements Small Cell facilities as defined in Section 14.44.020 of this chapter may be installed, erected, maintained and/or operated in any commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a minor conditional use permit, so long as all the following conditions are met: A. The Small Cell antenna must connect to an already existing utility pole that can support its weight. B. All new wires needed to service the Small Cell must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utilitV pole. C. All ground -mounted equipment not to be installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the utility pole. D. Each pole is to have its own, dedicated power source to be installed and metered separately. E. Each Small Cell is to be no less than 1,500 feet away from the nearest Small Cell facility, F. Aside from the transmitter/antenna itself, no additional equipment shall be visible. G. No Small Cell shall be within 200 feet of any residence. H. An encroachment permit must be obtained for anV work in the right-of-way. 7.090 - Telecommunications Facilities The following requirements apply to Telecommunications Facilities as defined by the City's Telecommunications Ordinance (Municipal Code 14.44). C. Definitions. The types of facilities regulated by this section are defined in the City's Telecommunications Ordinance (Municipal Code 14.44). B. Telecommunications facilities are allowed only as described in Table 7.090(B). Table 7.09013 Zoning Type of Telecommunications Facility District Exempt Mini Minor Major Small OSP A A CUP CUP CUP AG A A - - - RR A A - - - R1 A A - - - R2 A A - - - R3 A A - - - R4 A A - - - R5 A A - - - C1 A A CUP CUP CUP C2 A A CUP CUP CUP MU1A A A CUP CUP CUP MU1B A A CUP CUP CUP MU1C A A - - - MU2 A A CUP CUP CUP BP A A CUP CUP CUP A A CUP CUP CUP CF A A CUP CUP CUP Page 17 E. Where a telecommunications facility is permitted by Table 7.090B. the approval(s) required prior to the commencement of the operation of a Telecommunications Facility areas prescribed in subsections 1-4 below. 1. Exempt Facility. An Exempt facility is an Accessory Use and no special permit is required, except when an Exempt facility is located in a Historic District an Exempt facility located in a Historic District or on the site of a designated landmark is considered a Mini Facility subject to administrative Historic and Cultural Preservation approval as prescribed in Section 15.050. 2. Mini Facility. A Mini Facility is an Accessory Use subject to administrative site plan and architectural review approval as prescribed by Section 24.010. When a Mini facility is located in a Historic District or on the site of a designated landmark, the following special permits are required: a. A Minor conditional use permit as prescribed in Section 24.030; and b. Administrative Historic and Cultural Review as prescribed in 15.030. 3. Minor Facility. A Minor facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. When a Minor facility is located in a Historic District or on the site of a designated landmark, approval of a major conditional use permit as prescribed in Section 24.030 and Historic and Cultural Preservation Committee approval as prescribed In Section 15.030 are required. 4. Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.101. 5. Small Facility. A Small Cell facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. An encroachment permit for right-of-way work is also required. The right-of-way shall carry the designation of the zone adjacent to the right-of-way, for purposes of Table 7.090(B) designation. F. A Telecommunication facility shall comply with the development standards (Tables 4.6 — 4.13) for the zoning district in which the facility is located, the City's Telecommunications Ordinance, and all other applicable City requirements. Page 18