HomeMy WebLinkAboutOrdinance 2662 N.C.S. 09/10/20181
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EFFECTIVE DATE ORDINANCE NO. 2662 N.C.S.
OF ORDINANCE
October 11, 2018
Introduced by Seconded by
Gabe Kearney Kathy Miller
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, Section 332(c) (7) of Title 47 of the U.S. Code, part of the Telecommunications
Act of 1996, provides that nothing in the chapter shall limit or affect the authority of a state or local
government over decisions regarding the placement, construction and modification of personal
wireless service facilities, so long as such decisions do not unreasonably discriminate among
providers of equivalent services and do not prohibit or have the effect of prohibiting the provision
of personal wireless services; and
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'ship v. City & Cty. 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 public right-of-way; and
WHEREAS, under 47 U.S. Code Section 332(C) (7) and California Public Utilities Code Section
7901, the City may not ban such Small Cell Facilities; and
Ordinance No. 2662 N.C.S. Page 1
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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(8) 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, and, consistent with applicable state and federal laws, address 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:
Ordinance No. 2662 N.C.S.
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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 47 U.S.C. Section 332(C) (7) and California Public Utilities Code sections 7901
and 7901.1 which permit local regulation of telecommunication facilities; and
c. Provide for buffers to prevent Small Cell Facilities from having negative visual impacts on
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.
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.
Ordinance No. 2662 N.C.S. Page 3
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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. "Telecommunications 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. "Telecommunications facility- minor" means any of the following:
a. Antenna which meet the definition of "mini" with the exception of the height limit.
b. Telecommunications 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.
Ordinance No, 2662 N.C.S. Page 4
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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. Telecommunications 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.
In. 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.
"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. "Telecommunication 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.
Ordinance No. 2662 N.C.S.
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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 beat least 500 feet away from any existing or approved 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
-
-
-
RS
A
A
-
-
-
C1
A
A
CUP
CUP
CUP
C2
A
A
CUP
CUP
CUP
MUTA
A
A
CUP
CUP
CUP
MU1 B
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
C. Where a telecommunications facility is permitted by Table 7.0908, 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 a Mini Facility
subject to administrative Historic and Cultural Preservation approval as prescribed in
Section 15.050.
Ordinance No. 2662 N.C.S.
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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. 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.
INTRODUCED, and ordered posted/fid, this 6th day of August 2018.
ADOPTED this 10th day of September 2018, by the following vote:
Ayes: Albertson, Barrett, Vice Mayor Healy, Kearney, King, Miller
Noes: None
Abstain: Mayor Glass
Ordinance No. 2662 N.C.S.
Page 7
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ATTEST:
Claire Cooper, City Clerk
Mike Healy, Vice Mayor
APPROVED AS TO FORM:
Eric Ua-nly, City A
Ordinance No. 2662 N.C.S. Page 8