HomeMy WebLinkAboutOrdinance 2029 N.C.S. 09/16/1996x~
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~'9 V616"WO `~1
OCT 1 6 199
ORDINANCE NO. 2029 N.C.S.
Introduced by Councilmember Seconded by Councilmember
Nancy Read Carole Bar
AN ®RDINANCE EST'ABLISIIING STANDARDS ~®R TIIE
DEVEL®PIVIENT ®F TELEC®NIIVIZJIVICATI®N FACILITIES
AND INSTALLATI®N ®F RELATED FACILITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMAAS FOLLOWS:
CHAPTER 14.44
Telecommunications Facility & Antenna Criteria
14.44.010 Purpose:
The purpose and intent of this chapter is to provide a uniform and comprehensive set of
standards for the development of telecommunication facilities and installation of antennas. The
regulations contained herein are designed to protect and promote public health, safety,
community welfare and the aesthetic quality of Petaluma as set forth within the goals, objectives
and policies of the Petaluma General Plan; while at the same time not unduly restricting the
development of needed telecommunications facilities and important amateur radio installations
and encouraging managed development of telecommunications infrastructure to insure
Petaluma's role in the evolution of technology. It is also the stated intent of this Chapter to
provide a public forum to insure a balance between public concerns and private interest in
establishing telecommunication and related facilities.
It is furthermore intended that, to all extent permitted by .law, the City shall apply these
regulations to specifically accomplish the following:
A. Protect the visual character of the City from the potential adverse effects of
telecommunication facility development and minor antenna installation;
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1 B. Insure against the creation of visual blight within or along the City's scenic corridors and
2 ridgelines;
3 C. Retain local responsibility for and control over the use of public rights-of--way to protect
4 citizens and enhance the quality of their lives.
s D. Protect the inhabitants of Petaluma from the possible adverse health effects associated
6 with exposure to high levels of 1VIER (non-ionizing electromagnetic radiation);
7 E. Protect the environmental resources of Petaluma;
8 F. Insure that a competitive and broad range of telecommunications services and high
9 quality telecommunications infrastructure are provided to serve the business community;
1o G. Create and preserve telecommunication facilities that will serve as an important and
11 effective part of Petaluma's emergency response network;
12 H. Simplify and shorten the process for obtaining necessary permits for telecommunication
13 facilities while at the same time protecting the legitimate interests of Petaluma citizens;
14 and,
15 I. Provide for the charainQ of reasonable, competitively neutral, non-discriminatory fees for
16 use of the public right-of--way by telecommunication providers.
17 J. Provide for the maximization of access and usability of an intemet web site for the City
18 of Petaluma.
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20 14.44.020 Definitions
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22 For-the purpose of this chapter, the following words and phrases shall have the meaning
23 respectively ascribed to them in this Section:
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25 A. "Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices
26 used for the transmission or reception of electromagnetic waves when such system is
27 either external to or attached to the exterior of a structure. Antennas shall include devices
28 having active elements extending in any direction, and directional beam-type arrays
29 having elements carried by and disposed from a generally horizontal boom that may be
30 mounted upon and rotated through a vertical mast or tower interconnecting the boom and
31 antenna support, all of which elements are deemed to be a part of the antenna. Antennas
32 shall include cellular on wheels (COWs) and cellular on light trucks (COLTS) facilities;
33 as well as dispatch carriers for Specialized Mobile Radio (SMR) services and Enhanced
34 SMR (ESMR).
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36 1. "Antenna -Building Mounted" means any antenna, other than an antenna with
37 its supports resting on the ground, directly attached or affixed to a building, tank,
38 tower, building mounted mast less than 10 feet tall and 6 inches in diameter, or
39 structure other than a telecommunication tower.
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41 2. "Antenna -Directional" (also known as a "panel" antenna) transmits and/or
42 receives radio frequency signals in a directional pattern of less than 360 degrees.
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3. "Antenna -Ground Mounted" means any antenna with its base, single or
multiple posts, placed directly on the ground or a mast less than 10 feet tall and 6
inches in diameter.
4. "Antenna -Omni-directional" transmits and/or receives radio frequency signals
in a 360 degree radial pattern. For the purpose of this Chapter, an omni-
directional antenna is up to fifteen feet (15') in height and up to four inches (4")
in diameter.
5. "Antenna -Parabolic" (also known as satellite dish antenna) means any device
incorporating a reflective surface that is solid, open mesh, or bar configured that is
shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit.
and/or receive electromagnetic or radio frequency communication/signals in a
specific directional pattern. This defuution is meant to include, but is not limited
to, what are commonly referred to as satellite earth stations, TVROs and satellite
microwave antennas.
6. "Antenna -Portable" means any device used to transmit and/or receive
electromagnetic or radio frequency communication/signals in a specific
directional pattern, located on a portable or moveable base designed to be placed
either for temporary or long-term use at a given site.
7. "Antenna -vertical" means a vertical type antenna without horizontal cross-
Sections greater than one half inch in diameter.
B. "Co-location" -see telecommunication facility - co-located.
C. "Commercial Ilse" means a use that .involves the exchange of cash, goods or services,
barter, forgiveness of indebtedness, or any other remuneration in exchange for goods,
services, lodging, meals, entertainment in any form, or the right to occupy space over an~
period of time.
D. "Direct broadcast satellite service" (DBS) is a system in which signals are transmitted
directly from a satellite to a small (not exceeding 18") home receiving dish. DBS
competes with cable television.
E. "Equipment building, shelter or cabinet" means a cabinet or building used to house
equipment used by telecommunication providers to house equipment at a facility.
F. "Inhabited Area" means any residence, any other structure regularly .occupied by
people, or any outdoor area used by people on a regular basis.
G. "Lattice Tower" means a self supporting support structure, erected on the ground, which
consists of metal crossed strips or bars to support antennas and related equipment.
Ord. 2029 NCS
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II. "Maximum Credible Earthquake" means the maximum earthquake predicted to affect
a given location based on the known lengths of the active faults in the vicinity.
I. "Monopole" is a wireless communication facility which consists of a monopolar
structure, erected on the ground to support wireless communication antennas and
connecting appurtenances.
J. "NIER" means non-ionizing electromagnetic radiation (i.e., electromagnetic radiation
primarily in the visible, infrared, and radio frequency portions of the electromagnetic
spectrum).
I~. "Public service use or facility" means a use operated or used by a public body or public
utility in connection with any of the following services: water, waste water management,
public education, parks and recreation, fire and police protection, solid waste
management, transportation or utilities.
L. "Public way" means and includes all public streets and utility easements, now and
hereafter owned by the City, but only to the extent of the City's right, title, interest or
authority to grant a license to occupy and use such streets and easements for
telecommunications facilities.
M. "Quasi-Public Use" means a use serving the public at large, and operated by a private
entity under a franchise or other similar governmental authorization, designed to promote
the interests of the general public or operated by a recognized civic organization for the
benefit of the general public.
N. "Readily Visible" means an object that stands out as a prominent feature of the
landscape when viewed with the naked eye.
O. "Related equipment" means all equipment ancillary to the transmission and reception of
voice and data via radio frequencies. Such equipment may include, but is not limited to,
cable, conduit and connectors.
P. "Satellite Earth Station" means a telecommunication facility consisting of more than a
single satellite dish smaller than 10 feet in diameter that transmits to and/or receives
signals from an orbiting satellite.
Q. "Silhouette" means a representation of the outline of the towers and antenna associated
with a telecommunication facility, as seen from an elevation perspective.
R. "Structure Ridgeline" means the line along the top of a roof or top of a structure, if it
has no roof.
S. "Telecommunication Facility" means a facility that transmits and/or receives
electromagnetic signals. It includes antennas, microwave dishes, horns, and other types
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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.
2.
"~'elecommunications Facility -Exempt" include, but are 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 a
residential parcel on which the radio or television antenna is located; with
an antenna height not exceeding twenty-five feet (25');
b. Aground or building mounted citizens band radio antenna including any
mast, if the height (post and antenna) does not exceed thirty-five feet (35');
c. Aground, 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 (35').
d. Aground or building mounted receive only radio or television satellite dish
antenna, which does not exceed thirty-six inches (36") 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 Ordinance (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 fee (35").
"'T'elecommunications Facility -Major" are all telecommunication facilities not
clearly set forth and included in the definition of exempt, minor or mini facilities.
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3. "'Telecommunication Facility - 1Vlini" 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 (50');
b. Aground or building mounted citizens band radio antenna including any
mast, if the height (tower, support structure, post and antenna) does not
exceed seventy feet (70');
c. Aground, 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 (70').
d. Aground or building mounted receive only radio or television satellite dish
antenna, with diameter exceeding thirty-six inches (36") but less than 8' 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 arecognized -.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 (70').
If a facility does not meet these criteria then it is considered either a "exempt",
"minor" or "major" telecommunication facility.
4. "'Telecommunication Facility -1Vlinor" 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 (35') 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 (4") in diameter whose total height does not
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c. A single ground or building mounted whip (omni) antenna without a
reflector, Less than four inches (4") in diameter whose total height does not
exceed thirty-five feet (35'); including any mast to which it is attached,
located on commercial and/or industrial zoned property.
d. Aground or building mounted panel antenna whose height is equal to or
less than four feet (4') and whose azea is not more than 480 square inches
in the aggregate (e.g.: one foot (1') diameter parabola or 2' x 1.5' 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 (3) antennas, satellite dishes (greater than 3' 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 (50') 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.
4. "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.
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5. "Telecommunication Facility -Commercial" means a telecommunication
facility that is operated primarily for a business purpose or purposes.
6. "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.
7. "Telecommunications Facility -Non Commercial" means a telecommunication
facility that is operated solely for a non business purpose.
T. "Telecommunications Tower" means a mast, pole, monopole, guyed tower, lattice
tower, free-standing tower, or other structure designed and primarily used to support
antennas. Aground or building mounted mast greater than ten feet (10') tall and six
inches (6") in diameter supporting one or more antenna, dishes, arrays, etc. shall be
considered a telecommunications tower.
14.44.030. General Requirements
The following requirements shall be met for all Telecommunications Facilities in any
zoning district:
A. Any applicable General Plan Goals, Objectives, Programs and Policies, Specific. Flan,
PUD Standards, Design Guidelines, and the permit requirements of any agencies which
have jurisdiction over the project;
B. All the requirements established by the other chapters of the Petaluma Municipal Code
and Petaluma Zoning Ordinance that are not in conflict with the requirements contained
in this chapter;
C. The Uniform Building Code, National Electrical Code, Uniform Plumbing Code,
Uniform Mechanical Code, and Uniform Fire Code, where applicable;
D. Any applicable Airport land use compatibility criteria/policies and Federal Aviation
Administration regulations;
E. Any applicable easements or similar restrictions on the subject property, including
adopted PUD standards;
F. Facilities and minor antennas cannot be located in any required yard setback area of the
zoning district in which it is located with the exception of possible encroachment of the
antenna array into airspace over said setback;
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G. All setbacks shall be measured from the base of the tower or structure closest to the
applicable property line or structure;
H. All commercial telecommunication facilities and minor antenna shall comply at a1T times
with all FCC rules, regulations, and standards;
I. All telecommunication facilities shall maintain in place a security program, when
determined necessary by and subject to the review and approval of the Police Chief that
will prevent unauthorized access and vandalism; and
J. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to
reduce visual impact without compromising their function.
K. All telecommunications carvers and providers engaged in the business of transmitting,
supplying or furnishing of telecommunications originating or terminating in the City of
Petaluma shall register with the City pursuant to Section 14.44.040 of this Chapter.
14.44.040 Registration of Telecommunications Carriers and Providers
A. Registration Required. All telecommunications carriers and providers that offer or
provide any telecommunications services for a fee directly to the public, either within the
City of Petaluma, or outside the corporate limits from telecommunications facilities
within the City, shall register with the City pursuant to this Article on forms to be
provided by the Planning Director, which shall include the following:
1. The identity and legal status of the registrant, including any affiliates.
2. The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement.
3. A narrative and map description of registrant's existing or proposed
telecommunications facilities within the City of Petaluma.
4. A description of the telecommunications services that the registrant intends to
offer or provide, or is currently offering or providing, to persons, firms, businesses
or institutions within the City.
5. Information sufficient to determine that the applicant has applied for and
receiving any certificate of authority required by the California Public Utility
Commission to provide telecommunications services or facilities within the City.
6. Information sufficient to determine that the applicant has applied. for and received
any construction permit, operating license or other approvals required by the
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Federal Communications Commission (FCC) to provide telecommunications
services or facilities within the City.
7. Such other information as the Planning Director may reasonably require..
B. Registration fee. Each application for registration as a telecommunications carrier or
provider shall be accompanied by a fee asset forth by Resolution of the City Council.
C. Purpose of Registration. The purpose of registration under this Section is to:
1. Provide the City with accurate and current information concerning the
telecommunications carriers and providers who offer or provide
telecommunications services within the City, or that own or operate
telecommunication facilities with the City;
2. assist the City in enforcement of this Chapter;
3. assist the City in the collection and enforcement of any license fees or charges that
may be due the City; and
4. assist the City is monitoring compliance with local, State and Federal laws.
D. Amendment. Each registrant shall inform the City, within sixty (60) days of any change
of the information set forth in Section 14.44.040.
14.44.050 Agreement
No approval granted hereunder shall be effective until the applicant and the City have
executed a written agreement setting forth the particular terms and provisions under which the
approval to occupy and use public ways of the City will be granted.
14.44.060 Nonexclusive Grant
No approval granted under this Article shall confer any exclusive right, privilege, license
or franchise to occupy or use the public ways of the City for delivery of telecommunications
services or any other purposes.
14.44.070 nights Granted
No approval granted under this Article shall convey any right, title or interest in the
public ways, but shall be deemed approval only to use and occupy the public ways for the limited
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purposes and term stated in the approval. Further, no approval shall be construed as any
warranty of title.
14.44.075 Exempt Facilities -Basic Requirements
Exempt facilities defined in Section 14.44.020 of this Chapter may be installed, erected,
maintained and/or operated in any residential zoning district, except recognized Historic
Districts, where such antennas are permitted under this title, without benefit of a building permit
or other entitlement process, so long as all the following conditions are met:
A. The antenna use involved is accessory to the primary use of the property which is
not a telecommunications facility;
B. In a residential zone, no more than one (1) support structure for licensed amateur
radio operator, satellite dish eight feet (8') or less in diameter, is allowed on the
parcel;
C. Sufficient anti-climbing measures have been incorporated into the facility, as
needed, to reduce potential for trespass and injury.
14.44.080 Mini Facilities -Basic Requirements
Mini facilities defined in Section 14.44.020 of this Chapter may be installed, erected,
maintained and/or operated in any residential, commercial or industrial zoning district where
such antennas are permitted under this title, upon the issuance of a building permit which has
received site plan and architectural review and approval by the Planning Director, so long as all
the following conditions are met:
A. In a commercial or industrial zone, no more than three (3) antenna, satellite dish eight
feet (8') or less in diameter; where adequate screening, at the discretion of the Planning
Director, is provided; and the telecommunication facilities are solely for the use of the
project site tenants -location subject to the discretional review and approval of the
Planning Director.
B. Replacement ofpre-existing telecommunication facilities, installed under a prior approval
under this Chapter which is being proposed for replacement by equipment of identical or
a smaller size, at the discretion of the Planning Director.
C. In a residential zone, where more than one (1) but no more than three (3) antenna or
satellite dishes (3' or .less in diameter) are proposed.
D. Sufficient anti-climbing measures have been incorporated into the facility, as needed, to
reduce potential for trespass and injury.
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14.44.090 1Vlinor Facilities -Basic Requirements
Minor 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 minor antenna use involved is accessory to the primary use of the property which is
not a telecommunications facility.
B. The combined effective radiated power radiated by all the antenna present on the parcel is
less than 1500 watts.
C. The combined NIER levels produced by all the antenna present on the parcel does not
exceed the NIER standard established in .Section 14.44.290 of this Chapter.
D. The antenna is not situated between the primary building on the parcel and any public or
private street adjoining the parcel, so as to create a negative visual impact.
E. The antenna is located outside all yard and street setbacks specified in the zoning district
in which the antenna is to be located and no closer than twenty feet (20') to any property
line.
F. None of the guy wires employed are anchored within the area in front of the primary
structure on the parcel.
G. No portion of the antenna array extends beyond the property lines or into -the area in front
of the primary building on the parcel, so as to create a negative visual impact.
H. At least ten feet (10') of horizontal clearance exists between the antenna and any power
lines, unless more clearance is required to meet CPUC standards.
I. All towers, masts and booms are made of a noncombustible material and all hardware
such as brackets, turnbuckles, clips, and similar type equipment subject to rust or
corrosion has been protected either by galvanizing or sheradizing after forming.
J. The materials employed are not unnecessarily bright, shiny or reflective and are of a color
and type that blends with the surroundings to the greatest extent possible.
K. The installation is in compliance with the manufacturer's structural specifications and the
requirements of the Uniform Building Code including Section 507. Exceptions Table SD,
Table 23-24 and Section 3602, as applicable.
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L. The height of the facility shall include the height of any structure upon which it is placed,
unless otherwise defined within this Chapter.
M. No more than. two (2) satellite dishes are allowed on the parcel, one of which may be over
three feet (3') in diameter, but no larger than eight feet (8') in diameter, with adequate
screening, at the discretion of the Planning Director;
O. Any ground mounted satellite dish with a diameter greater than four feet (4') that is
situated less than five (5) times its actual diameter from adjoining property lines has
screening treatments located along the antenna's non-reception window axes and low-
level landscape treatments along its reception window axes; and
P. Any roof mounted panel antenna with a face area greater than three and one-half (3 1/2)
square feet shall be located so as to be effectively unnoticeable.
Q. Sufficient anti-climbing measures have been incorporated into the facility, as needed, to
reduce potential for trespass and injury.
R. The facility is located more than seventy-five feet (75') from any residential dwelling
unit, unless recognized as an exempt facility as set forth in Section 14.44.020.S.1.
S. No trees larger than twenty inches (20") in diameter measured at four and one-half feet (4
1/2') high on the tree would have to be removed;
T. Any new building(s), structure(s), control panel(s), etc. shall be effectively screened from
view from off-site;
U. The site has an average cross slope of 10% or less; and
V. All utility lines to the facility from public or private streets shall be undergrounded.
W. If located within. a recognized Historic District, or on a structure recognized as a Historic
landmark, that adequate screening has been provided.
X. The general criteria set forth in this Chapter are met.
14.44.100 Minor Facilities -Referral
The Planning Director may refer a conditional use permit for a minor telecommunications
facility that meets all of the above standards if he/she determines, in his/her sole
discretion, that the public interest would be furthered by having the Planning
Commission review this matter. In that case and. the case of any proposed facility that
fails to meet one or more of the standards listed above, a use permit approved by the
Planning Commission shall be required to construct the facility in question.
Ord. 2029 NCS Page 13 of 29
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4 14.44.130. 't'elecommunications facilities -Minimum application requirements
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6 The following are the minimum criteria applicable to all telecommunication facilities,
7 except exempt facilities as defined in Section 14.44.020.5.1. In the event that a project is subject
8 to discretionary and/or environmental review, mitigation measures or other conditions may also
9 be necessary. All Telecommunications Facilities shall comply with the following:
to
11 A. The Planning Director shall establish and .maintain a list of information that must
12 accompany every application for the installation of a telecommunications facility. Said
13 information may include, but shall not be limited to, completed supplemental project
14 information forms, a specific maximum requested gross cross-sectional area, or
15 silhouette, of the facility; service area maps, network maps, alternative site analysis,
16 visual impact demonstrations including mock-ups and/or photo-montages, visual impact
17 analysis, 1`tIER (non-ionizing electromagnetic radiation) exposure studies, title reports
1 s identifying legal access, security considerations, lists of other nearby telecommunication
19 facilities known to the City, master plan for all related facilities within the city limits of
20 Petaluma and within one-quarter (1/4) mile therefrom; and facility design alternatives to
21 the proposal and deposits for peer review, if deemed necessary by the Director. The
22 Planning Director may release an applicant from having to provide one or more of the
23 pieces of information on this list upon a finding that in the specific case involved said
24 information is not necessary to process or make a decision on the application being
25 submitted; and
26
27 B. The Planning Director is explicitly authorized at his/her discretion to employ on behalf of
28 the City an independent technical expert to review any technical materials submitted
29 including, but not limited to, those required under this Section and in those cases where a
3o technical demonstration of unavoidable need or unavailability of alternatives is required.
31 The applicant shall pay all the costs of said review, including any administrative costs
32 incurred by the city. Any proprietary information disclosed to the City or the expert hired
33 shall remain confidential and shall not be disclosed to any third party.
34
35
36 14.44.140 Telecommunications facilities -Standard agreements required
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38 A. A maintenance/facility removal agreement signed by the applicant shall be submitted to
39 the Planning Director prior to approval of the use permit or other entitlement for use
4o authorizing the establishment or modification of any telecommunications facility which
41 includes a telecommunication tower, one (1) or more new buildings/equipment
42 enclosures larger in aggregate than three hundred (300) square feet, more than three (3)
43 satellite dishes of any size, or a satellite dish larger than four feet (4') in diameter. Said
44 agreement shall bind the applicant and the applicant's successors-in-interest to properly
45 maintain the exterior appearance of and ultimately removal of the facility in compliance
Ord. 20291~TCS Page 14 of 29
1 with the provisions of this chapter and any conditions of approval. It shall further bind
2 them to pay all costs for monitoring compliance with, and enforcement of, the agreement
3 and to reimburse the City for all costs incurred to perform any work required of the
4 applicant by this agreement that the applicant fails to perform. It shall also specifically
5 authorize the City and/or its agents to enter onto the property and undertake said work so
6 long as:
7
8 1. The Planning Director has first provided the applicant the following written
9 notices: `
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11 a. An initial compliance request identifying the work needed to comply with
12 the agreement and providing the applicant at least forty-five (45) calendar days to
13 complete it; and
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15 b. A follow-up notice of default specifying the applicant's failure to comply
16 with the work within the time period specified and indicating the city's intent to
17 commence the required working with ten (10) working days;
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19 2. The applicant has not filed an appeal pursuant to Section 14.44.350 within
20 fourteen (14) working days of the notice required under Section 14.44.140..1 above. If an
21 appeal is filed, the City shall be authorized to enter the property and perform the
22 necessary work if the appeal is dismissed or final action on it taken in favor of the City;
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24 3. All costs incurred by the City to undertake any work required to be performed by
25 the applicant pursuant to the agreement referred to in Section 14.44.140 including, but
26 not limited to, administrative and job supervision costs, shall be borne solely by the
27 applicant. The applicant shall deposit within ten (10) working days of written request
28 therefor such costs as the City .reasonably estimates or has actually incurred to complete
29 such work. When estimates are employed, additional moneys shall be deposited as
30 needed within ten (10) working days of demand to cover actual costs. The agreement
31 shall specifically require the applicant to immediately cease operation of the
32 telecommunication facility involved if the applicant fails to pay the moneys demanded
33 within ten (10) working days. It shall further require that operation remain suspended
34 until such costs are paid in full.
35
36 B. Standard agreement required by Section 14.44.140.A shall be accompanied by the
37 payment of a fee, as established by Resolution of the City Council, into a trust fund
38 established to cover expenditures for the .removal, screening, enhancement or similar
39 activities relating to the existence of telecommunication facilities within the City.
40
41 C. Standard agreement required by Section 14.44.140.A. shall include, but not be limited to,
42 the following stipulations agreed to by the applicant:
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44 1. Telecommunication facilities lessors shall be strictly libel for any and all sudden
45 and accidental pollution and gradual pollution resulting from their use within the City of
Urd. 2029 NCS Page 15 of 29
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1 Petaluma. This liability shall include cleanup, intentionally injury or damage to persons
2 or property. Additionally, telecommunication facilities lessors shall be responsible for
3 any sanctions, fines, or other monetary costs imposed as a result of the release of
4 pollutants from their operations. Pollutants means any solid, liquid, gaseous or thermal
5 irritant or contaminant, include smoke, vapor, soot, fumes, acids, alkalis, chemicals,
6 electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned
7 or reclaimed.
8
9 . 2. The telecommunication facility provider shall defend, indemnify, and hold
to harmless the City or any of its boards, commissions, agents, officers, and employees from
11 any claim, action or proceeding against the City, its boards, commission, agents, officers,
12 or employees to attack, set aside, void, or annul, the approval of the project when such
13 claim or action is brought within the time period provided for in applicable State and/or
14 local statutes. The City shall promptly notify the provider(s) of any such claim, action or
15 proceeding. The City shall have the option of coordinating in the defense. Nothing
16 contained in this stipulation shall prohibit the City from participating in a defense of any
17 claim, action, or proceeding if the City bears its own attorney's fees and costs, and the
18 City defends the action in good faith.
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21 14.44.150. 'Telecommunications facilities -Life of permits
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23 A. A use permit issued pursuant to this chapter or a site plan approval issued pursuant to this
24 chapter authorizing establishment of a telecommunication facility, except exempt
25 facilities as defined in Section 14.44.020.S.1, shall be reviewed every ten (10) years.
26 Costs associated with the review process shall be borne by the telecommunication facility
27 owner/provider. Grounds for .revocation of the conditional use permit, pursuant to
28 Section 26-509 of the Petaluma Zoning Ordinance, shall be limited to a finding that (1)
29 the use involved is no longer allowed in the applicable zoning district, (2) the facility fails
30 to comply with the relevant requirements of this chapter as they exist at the time of
31 renewal and the permittee has failed to supply assurances acceptable to the Planning
32 Director that the facility will be brought into compliance within one hundred twenty
33 (120) days, (3) the permittee has failed to comply with the conditions-of-approval
34 imposed, (4) the facility has not been properly maintained, or (5) the facility has not been
35 upgraded to minimize its impact, including community aesthetics, to the greatest extent
36 permitted by the technology that exists at the time of renewal and is consistent with the
37 provisions of universal service at affordable rates. The grounds for appeal of issuance of
38 a renewal shall be limited to a showing that one or more of the situations listed above do
39 in fact exist or that the notice required under Section 14.44.320 was not provided.
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41 B. If a use permit or other entitlement for use is not renewed, it shall automatically become
42 null and void without notice or hearing ten (10) .years after it is issued or upon cessation
43 of use for more than a year and a day, whichever comes first. Unless a new use permit or
44 entitlement of use is issued, within one hundred twenty (120) days thereafter all
45 improvements installed including their foundations down to three feet (3' below ground
Ord. 2029 NCS Page 16 of 29
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1 surface) shall be removed from the property and the site restored to its natural pre-
2 construction state within one hundred eighty (180) days of non-renewal or abandonment.
3 Any access road installed shall also be removed and the ground returned to its natural
4 condition unless the property owner establishes to the satisfaction of the Planning
5 Duector that these sections of road are necessary to serve some other allowed use of the
6 property that is permitted or is currently present or to provide access to adjoining parcels.
7
8
9 14.44.160. Telecommunication facilities -Structural requirements
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11 No telecommunication facility shall be designed and/or sited such that it poses a potential
12 hazard to nearby residences or surrounding properties or improvements. To this end, any
13 telecommunication tower, except exempt facilities as defined in Section 14.44.020.S.1, located at
14 a distance of less than 110% of its height from a habitable structure, property line, or other tower
15 shall be designed and maintained to withstand without failure the maximum forces expected
16 from wind and earthquakes when the tower is fully loaded with antennas, transmitters and. other
17 equipment, and camouflaging. Initial demonstration of compliance with this requirement shall
18 be provided via submission of a report to the Building Official prepared by a structural engineer
19 licensed by the State of California describing the tower structure, specifying the number and type
20 of antennas it is designed to accommodate, providing the basis for the calculations done, and
21 documenting the actual calculations performed. Proof of ongoing compliance shall be provided
22 via submission to the Planning Director at least every five (~) (self-supporting and guyed
23 towers)/ten (10) (monopoles) years of an inspection report prepared by aCalifornia-licensed
24 structural engineer indicating the number and types of antennas and related equipment actually
25 present and indicating the structural integrity of the tower. Based on this report, the Building
26 Official may require repair of, if a serious safety problem exists, removal of the tower:
27
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29 14.44.170. Telecommunications facilities -Basic tower and building design
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31 All telecommunication facilities, except exempt facilities as defined in Section
32 14.44.020.S.1, shall be designed to blend into the surrounding environment to the greatest extent
33 feasible. To this end all the following measures shall .be implemented:
34
35 A. Telecommunication towers shall be constructed out of metal or other non-flammable
36 material, unless specifically conditioned by the City to be otherwise.
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38 B. Telecommunication towers taller than thirty-five feet (3~') shall be monopoles or
39 guyed lattice towers except where satisfactory evidence is submitted to the Planning
4o Director or Planning Commission, as appropriate, that aself-supporting tower is required
41 to provide the height and/or capacity necessary for the proposed telecommunication use
42 to minimize the need for screening from adjacent properties, or to reduce the potential for
43 bird strikes.
44 Ord. 2029 NCS Page 17 of 29
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1 C. Satellite dishes other than microwave dishes shall be of mesh construction, except where
2 technical evidence is acceptable to the Planning Director or Planning Commission, as
3 appropriate, is submitted showing that this is infeasible.
4
5 D. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and
6 equipment enclosures) shall be constructed out of non-reflective materials (visible
7 exterior surfaces only) and shall be placed in underground vaults to all extent possible.
8
9 E. Telecommunication support facilities shall be no taller than one story (fifteen feet) in
to height and shall be treated to look like a building or facility typically found in the area.
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12 F. Telecommunication support facilities in areas of high visibility shall, where possible, be
13 sited below the ridgeline or designed (i.e., placed underground, depressed, or located
14 behind earth berms) to minimize their profile.
15
16 G. All buildings, poles, towers, antenna supports, antennas, and other components of each
17 telecommunications site shall be initially painted and thereafter repainted as necessary
18 with a "flat" paint. The color selected shall be one that in the opinion of the Planning
19 Director or Planning Commission, as appropriate, will minimize their visibility to the
20 greatest extent feasible. To this end, improvements which will be primarily viewed
21 against soils, trees or grasslands shall be painted colors matching these landscapes while
22 elements which rise above the horizon shall be painted a blue gray that matches the
23 typical sky color at that location.
24
25 H. The project description and permit shall include a specific maximum allowable gross
26 cross-sectional area, or silhouette, of the facility. The silhouette shall be measured from
27 the "worst case" elevation perspective.
28
29 I. The City shall have the authority to require special design of the telecommunication
30 facilities where findings of particular sensitivity are made (e.g. proximity to historic or
31 aesthetically significant structures, views and/or community features).
32
33 J. Telecommunication facilities shall insure that sufficient anti-climbing measures have
34 been incorporated into the facility, as needed, to reduce potential for trespass and injury.
35
36
37 14.44.180. Telecommunication facilities -Critical disaster response facilities
38
39 A. All radio, television and voice communication facilities providing service to government
40 or the general public shall be designed to survive a natural disaster without interruption in
41 operation. To this end all the following measures shall be implemented:
42
43 1. Non-flammable exterior wall and roof covering shall be used in the construction
44 of all buildings;
45
Ord. 2029 NCS Page 18 of 29
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2. Openings in all buildings shall be protected against penetration by fire and
windblown embers;
3. The telecommunication tower when fully loaded with antennas, transmitters, other
equipment and camouflaging shall be designed to withstand the forces expected
during the "maximum credible earthquake". All equipment mounting racks and
equipment used shall be anchored in such a manner that such a quake will not tip
them over, throw the equipment off its shelves, or otherwise act to damage it;
4. All connections between various components of the facility and with necessary
power and telephone lines shall be protected against damage by fire, flooding, and
earthquake; and
5. Measures shall be taken to keep the facility operation in the event of disaster.
B. Demonstration of compliance with requirements A.1., 2., 4. and 5. (fire only) shall be
evidenced by a certified signed by the City Fire Chief on the building plans submitted.
C. Demonstration of compliance with requirements A.3. through 5. (earthquake only) shall
be provided via a second certification on said plans signed by a structural engineer or
other appropriate professional licensed by the State of California.
14.44.190 'Telecommunication facilities -Location
All telecommunication facilities shall be located so as to minimize their visibility and the
number of distinct facilities present. To this end all of the following measures shall be
implemented for all telecommunications facilities, except exempt facilities as defined in Section
14.44.020.S.1:
A. No telecommunication facility shall be installed within the safety zone of the Petaluma
Municipal Airport or any helipad unless the airport owner/operator indicates that it will
not adversely affect the operation of the airport or helipad;
B. No telecommunication facility shall be installed at a location where special painting or
lighting will be required by the FAA regulations unless technical evidence acceptable to
the Planning Director or Planning Commission, as appropriate, is submitted showing that
this is the only technically feasible location for this facility;
C. No telecommunication facility shall be installed on an exposed ridgeline, in or at a
location readily visible from Highway 101, a public trail, public park or other outdoor
recreation area, or in property designated with a Flood~vay (FV~, Park or Open Space
(OS) on the Petaluma General Plan, unless it blends with the surrounding existing natural
and man-made environment in such a manner as to be effectively unnoticeable and a
finding is made that no other location is technically feasible;
Ord. 2029 NCS Page 19 of 29
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No telecommunication facility that is readily visible from off-site shall be installed closer
than one-half mile from another readily visible uncamouflaged or unscreened
telecommunication facility unless it is a co-located facility, situated on a multiple-user
site, or blends with the surrounding existing natural and man-made environment in such a
manner as to be effectively unnoticeable; or technical evidence acceptable to the Planning
Director or Planning Commission, as appropriate, is submitted showing a clear need for
this facility and the infeasibility of co-locating it on one of these former sites;
l0 E. No telecommunication facility that is readily visible from off-site shall be installed on a
11 site that is not already developed with telecommunication facilities or other public or
12 quasi-public uses unless it blends with the surrounding existing natural and man-made
13 environment in such a manner so as to be effectively unnoticeable or technical evidence
14 acceptable to the Planning Director or Planning Commission, as appropriate, is submitted
15 showing a clear need for this facility and the unfeasibility of co-locating it on one of these
16 former sites; and
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18 F. Telecommunication towers shall be set back at least twenty percent (20%) of the tower
19 height from all property lines and at least one hundred feet (100') from any public trail,
20 park or outdoor recreation area. Guy wire anchors shall be set back at least twenty feet
21 (20') from any property line.
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24 14.44.200 Telecommunication facilities - ~Ieight determination
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26 The height. of a telecommunication tower shall be measured from the natural undisturbed
27 ground surface below the center of the base of said tower to the top of the tower itself or, if
28 higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of
29 building-mounted towers the height of the tower includes the height of the portion of the building
30 on which it is mounted. In the case of "crank-up" or other similar towers whose height can be
31 adjusted, the height of the tower shall be the maximum height to which it is capable of being
32 raised.
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36 14.44.210 Telecommunication facilities - Co-located and multiple-user facilities
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38 A. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of
39 the decision making body, which identifies all reasonable, technically feasible, alternative
40 locations and/or facilities which would provide the proposed telecommunication service.
41 The intention of the alternatives analysis is to present alternative strategies which would
42 minimize the number, size, and. adverse environmental impacts of facilities necessary to
43 provide the needed services to the City and surrounding rural and urban areas. The
44 analysis shall address the potential for co-location at an existing or a new site and the
45 potential to locate facilities as close as possible to the intended service area. It shall also
Ord. 2029 NCS Page 20 of 29
20
1 explain the rationale for selection of the proposed site in view of the relative merits of any
2 of the feasible alternatives. Approval of the project is subject to the decision making
3 body making a finding that the proposed site results in .fewer or less severe environmental
4 impacts than any feasible alternative site. The City may require independent verification
5 of this analysis at the applicant's expense.
6
7 Facilities which are not proposed to be co-located with another telecommunication
8 facility shall provide a written explanation why the subject facility is not a candidate for
9 co-location.
10
I1 B. All co-located and multiple-user telecommunication facilities shall be designed to
12 promote facility and site sharing. To this end telecommunication towers and necessary
13 appurtenances, including but not limited to, parking areas, access roads, utilities and
14 equipment buildings shall be shared by site users when in the determination of the
15 Planning Director or Planning Commission, as appropriate, this will minimize overall
16 visual impact to the community.
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18 C. The facility shall make available unutilized space for co-location of other
19 telecommunication facilities, including space for these entities providing similar,
20 competing services. A good faith effort in achieving co-location shall be required of the
21 host entity. Requests for utilization of facility space and responses to such requests shall
22 be made in a timely manner and in writing and copies shall be provided to the City's
23 permit files. Unresolved disputes may be mediated by the Planning Commission or City
24 Council. Co-location is not required in cases where the addition of the new service or
25 facilities would cause quality of service impairment to the existing facility or if it became
26 necessary for the host to go off-line for a significant period of time.
27
28 D. Approval for the establishment of facilities improved with an existing microwave band or
29 other public service use or facility, which creates interference or interference is
3o anticipated as a result of said establishment of additional facilities, shall include
31 provisions for the relocation of said existing public use facilities. All costs associated
32 with said relocation shall be borne by the applicant for the additional facilities.
33
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35 14.44.220 Telecommunications facilities -.Fighting
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37 All telecommunication facilities shall be unlit except for the following:
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39 A. Amanually-operated or motion-detector controlled light above the equipment shed door
4o which shall be kept off except when personnel are actually present at night; and
41
42 B. the minimum tower lighting required under FAA regulation; and
43
Ord. 2029 NCS Page 22 of 29
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1 C. where tower lighting is required, it shall be shielded or directed to the greatest extent
2 possible in such a manner as to minimize the amount of light that falls onto nearby
3 properties, particularly residences.
4
5
6 14.44.230 Telecommunications facilities -Roads and parking
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8 All telecommunication facilities, except exempt facilities as defined in Section
9 14.44.020.5.1, shall be served by the minimum roads and pazking areas necessary. To this end
l0 all the following measures shall be implemented:
11
12 A. Existing roads shall be used for access, whenever possible, and be upgraded the minimum
13 amount necessary to meet standards specified by the Fire Chief and Director of
14 Engineering. Any new roads or parking areas built shall, whenever feasible, be shared
15 with subsequent telecommunication facilities and/or other permitted uses. In addition,
16 they shall meet the width and .structural requirements of the Fire Chief and Director of
17 Engineering;
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19 B. Existing parking areas shall, whenever possible, be used; and
20
21 C. Any new parking areas constructed shall be no larger than three hundred. fifty (350)
22 square feet.
23
24
25 14.44.240 Telecommunications facilities -Vegetation protection and facility screening
26
27 All telecommunications facilities shall be installed in such a manner so as to maintain and
28 enhance existing native vegetation and to install suitable landscaping to screen the facility, where
29 necessary. To this end all of the following measures shall be implemented for all
30 telecommunication facilities, except exempt facilities as defined in Section 14.44.020.5.1:
31
32 A. A landscape plan shall be submitted with project application submittal indicating all
33 existing vegetation, identifying landscaping that is to be retained on the site and any
34 additional vegetation that is needed to satisfactorily screen the facility from adjacent land
35 uses and public view areas. The landscape plan shall be subject to review and approval of
36 the Site Plan and Architectural Review process. All trees, larger than four inches (4") in
37 diameter shall be identified in the landscape plan with indication of species type, diameter
38 at four and one-half feet (4 1/2') high, and whether it is to be retained or removed with
39 project development;
40
41 B. Existing trees and other screening vegetation in the vicinity of the facility and along the
42 access roads and power/telecommunication line routes involved shall be protected from
43 damage, both during the construction period and thereafter. To this end, the following
44 measures shall be implemented:
45
Ord. 2029 NCS Page 22 of 29
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1. A Tree Protection Plan shall be submitted with building permit or improvement
plan. This Plan shall be prepared by a certified arborist and give specific measures
to protect trees during project construction;
2. Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be
prohibited in landscaped areas to be protected and the drip line of any trees
required to be preserved. Such areas shall be fenced to the satisfaction of the
Planning Director or Site Plan and Architectural Review Committee, as
appropriate. Trash, debris, or spoils shall not be placed within these fences nor
shall the fences henceforth be opened or moved until the project is complete and
written approval to take the fences down has been received from the Planning
Director; and
3. All underground lines shall be routed such that a minimum amount of damage is
done to tree root systems;
C. All areas disturbed during project construction other than the access road and parking
areas required under Section 14.44.230 shall be replanted with vegetation compatible
with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush,
depending upon the circumstances) to the satisfaction of the Planning Director;
D. Any existing trees or significant vegetation, on the facilities site or along the affected
access area that die shall be replaced with native trees and vegetation of a size and species
acceptable to the Planning Director; and
E. No actions shall be taken subsequent to project completion with respect to the vegetation
present that would increase the visibility of the facility itself or the access road and
power/telecommunication lines serving it.
14.44.250 Telecommunication facilities -Fire prevention
A. All telecommunication facilities shall be designed and operated in such a manner so as to
minimise the risk of igniting a fire or intensifying one that otherwise occurs. To this end
all of the following measures shall be implemented for all telecommunication facilities,
when determined. necessary by the Fire Chief, except exempt facilities as defined in
Section 14.44.020.5.1:
1. At least one-hour fire resistant interior surfaces shall be used in the construction
of all buildings;
2. Monitored automatic fire extinguishing systems approved by the Fire Chief shall
be installed in all equipment buildings and enclosures;
3. Rapid entry (KNOX) systems shall be installed as required by the Fire Chief;
Ord. 2029 NCS
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4. Type and location of vegetation and other materials within ten feet (10') of the
facility and all new structures, including telecommunication towers, shall have
review for fire safety purposes by the Fire Chief. Requirements established by the
Fire Chief shall be followed; and
5. All tree trimmings and trash generated by construction of the facility shall be
removed from the property and properly disposed of prior to building permit
finalization or commencement of operation, whichever comes first.
B. Demonstration of compliance with requirements A.l. through A.S. shall be evidenced by
a certificate signed by the Fire Chief on the building plans submitted.
14.44.260. Telecommunication facilities -Environmental resource protection
All telecommunication facilities shall be sited so as to minimize the effect on
environmental resources. To that end the following measures shall be implemented for all
telecommunication facilities, except exempt facilities as defined in Section 14.44.020.5.1:
A. No telecommunications facility or related improvements including but not limited to
access roads and power lines shall be sited so as to create a significant threat to the health
or survival of rare, threatened or endangered plant or animal species;
B. No telecommunications facility or related improvements shall be sited such that their
construction will damage an archaeological site or have an adverse effect on the historic
character of a historic feature or site;
C. No telecommunications facility shall be sited such that its presence threatens the health or
safety of migratory birds;
D. The facility shall comply with all applicable City Floodplain, Floodway and Storm
Drainage and Erosion Control regulations;
E. Potential adverse visual impacts which might result from project related grading or road
construction shall be minimized;
F. Potential adverse impacts upon nearby public use areas such as parks or trails shall be
minimized; and
G: Drainage, erosion, and sediment controls shall be required as necessary to abide soil
erosion and sedimentation of waterways. Structures and roads on slopes of 10% or
greater shall be avoided. Erosion control measures shall be incorporated for any
proposed facility which involves grading or construction near a waterway or on lands
Ord. 2029 NCS Page 24 of 29
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1 with slopes over 10%. Natural vegetation and topography shall be retained to the extent
2 feasible.
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5 14.44.270 Telecommunications -Noise and traffic
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7 All telecommunication facilities shall be constructed and operated in such a manner as to
8 minimize the amount of disruption caused to the residents of neazby homes and the users of
9 nearby recreational areas such as public pazks and trails. To that end all. the following measures
1o shall be implemented for all telecommunication facilities, except exempt facilities as defined in
11 Section 14.44.020.S.1:
12
13 A. Outdoor noise producing construction activities shall only take place on weekdays
14 (Monday through Friday, non-holiday) between the hours of 7:30 a.m. and 5:30 p.m.
15 unless allowed at other times by the Planning Commission;
16
17 B. Backup generators shall only be operated during power outages and for testing and
18 maintenance purposes. If the facility is located within one hundred feet (100') of a
19 residential dwelling unit, noise attenuation measures shall be included to reduce noise
20 levels to an exterior noise level of at least a Ldn of 60 dB at the property line and an
21 interior noise level of a Ldn of 45 dB. Testing and maintenance shall only take place on
22 weekdays between the hours of 8:30 a.m. and 4:30 p.m.; and
23
24 C. Traffic, at all times, shall be kept to an absolute minimum, but in no case more than two
25 round trips per day on an average annualized basis once construction is complete.
26
27
28 14.44.280 Telecommunication facilities -Visual compatibility
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3o A. Facility structures and equipment shall be located, designed and screened to blend with.
31 the existing natural or built surroundings so as to reduce visual impacts to the extent
32 feasible considering the technological requirements of the proposed telecommunication
33 service and the need to be compatible with neighboring residences and the character of
34 the community.
35
36 B. The facility is designed to blend with the any existing supporting structure and does not
37 substantially alter the character of the structure or local area.
38
39 C. Following assembly and installation of the facility, all waste and debris shall be removed
40 and disposed of in a lawful manner; and
41
42 D. A visual analysis, which may include photo montage, field mock up, or other techniques
43 shall be prepared by or on behalf of the applicant which identifies the potential visual
44 impacts, at design capacity, of the proposed facility to the satisfaction of the Planning
45 Director. Consideration shall be given to views from public areas as well as from private
Ord. 2029 NCS Page 25 of 29
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1 residences. The analysis shall assess the cumulative impacts of the proposed facility and
2 other existing and foreseeable telecommunication facilities in the area, and shall identify
3 and include all feasible mitigation measures consistent with the technological
4 requirements of the proposed telecommunication service. All costs for the visual
5 analysis, and applicable administrative costs, shall be borne by the applicant.
6
7
8 14.44.290 Telecommunications facilities -VIER exposure
9
1 o A. No telecommunication facility shall be sited or operated in such a manner that it poses,
11 either by itself or in combination with other such facilities, a potential threat to public
12 health. To that end no telecommunication facility or combination of facilities shall
13 produce at any time power densities in any inhabited area as this term is defined in
14 Section _14.44.020 that exceed the ANSI (American National Standards Institute) C95.1-
15 1992 standard for human exposure or any more restrictive standard subsequently adopted
16 or promulgated by the. City, County, the State of California, or the federal government.
17
18 B. Initial compliance with this requirement shall be demonstrated for any facility within four
19 hundred feet (400') of residential uses or sensitive receptors such as schools, churches,
20 hospitals, etc. and all broadcast radio and television facilities, regardless of adjacent land
21 uses, through submission, at the time of application for the necessary permit or
22 entitlement, of NIER (Nonionizing Electromagnetic Radiation calculations) specifying
23 NIER levels in the inhabited area where the levels produced are projected to be highest.
24 If these calculated NIER levels exceed 80°io of the NIER standard established by this
25 Section, the applicant shall hire a qualified electrical engineer licensed by the State of
26 California to measure NIER levels at said location after the facility is in operation. A
27 report of these measurements and his/her findings with respect to compliance with the
28 established NIER standard shall be submitted to the Planning Director. Said facility shall
29 not commence normal operations until it complies with, or has been modified, to comply
3o with this standard. Proof of said compliance shall be a certification provided by the
31 engineer who prepared the original report. In order to assure the objectivity of the
32 analysis, the City may require, at the applicant's expense, independent verification of the
33 results of the analysis.
34
35 C. Every telecommunication facility within four hundred feet (400') of an inhabited area and
36 all broadcast radio and television facilities shall demonstrate continued compliance with
37 the NIER standard established by this Section. Every five (5) years a report listing each
38 transmitter and antenna present at the facility and the effective radiated power radiated
39 shall be submitted to the Planning Director. If either the equipment or effective radiated
4o power has changed, calculations specifying NIER levels in the inhabited areas where said
41 levels are projected to be highest shall be prepared. NIER calculations shall also be
42 prepared every time the adopted NIER standard changes. If calculated levels in either of
43 these cases exceed 80% of the standard established by this Section, the operator of the
44 facility shall hire a qualified electrical engineer licensed by the State of California to
45 measure the actual NIER levels produced. A report of these calculations, required
Urd. 2029 NCS Page 26 of 29
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1 measurements, if any, and the author's/engineer's findings with respect to compliance
2 with the current NIER standard shall be submitted to the Planning Director within five (5)
3 years of facility approval and every five (5) years thereafter. In the case of a change in
4 the standard, the required report shall be submitted within ninety (90) days of the date
5 said change becomes effective.
6
7 D. Failure to supply the required reports or to remain in continued compliance with the
8 NIER standard established by this Section shall be grounds for revocation of the use
9 permit or other entitlement.
10
11
12 14.44310 Telecommunication facilities -Exceptions
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14 A. Exceptions to the requirements specified within this Chapter may be granted through
15 issuance of a conditional use permit by the Planning Commission. Such a permit may
16 only be approved if the Planning Commission finds, after receipt of sufficient evidence,
17 that failure to adhere to the standard under consideration in the specific instance will not
18 increase the visibility of the facility or decrease public safety.
19
20 B. An exception to the requirements of Sections 14.44.180 and 14.44.250 may only be
21 granted upon written concurrence by the Fire Chief.
22
23 C. Tower setback requirements may be waived under any of the following circumstances:
24
25 1. The facility is proposed to be co-located onto an existing, legally-established
26 telecommunication tower; and
27
28 2. Overall, the reduced setback enables further mitigation of adverse visual. and other
29 environmental impacts than would otherwise be possible.
30
31
32 14.44320 Telecommunication facilities -Public Notice
33
34 In addition to the public notice required within this Chapter, the following special
35 noticing shall be provided:
36
37 A. Notice of consideration or a public hearing, as appropriate, on a minor or major use
38 permit authorizing the establishment or modification of a telecommunication facility shall
39 be provided to the operators of all telecommunication facilities, registered with the City
40 of Petaluma pursuant to Section 14.44.040, within one mile of the subject parcel via
41 mailing of the standard legal notice prepared, and
42
43 B. Notice of the approval of a minor use permit by the Planning Director authorizing the
44 establishment or modification of, or the renewal of a permit for, a telecommunication
45 facility or minor antenna needing site plan review, shall be mailed to all adjacent property
Ord. 2029 NCS Page 27 of 29
27
1 owners within three hundred feet (300'). Mailing of said notice shall start a fourteen (14)
2 calendar day appeal period.
3
4
5 14.44.330 Ambiguity
6
7 In order to achieve consistent and efficient coordination and enforcement in the
8 administration of this Chapter, the Planning Director, or he/she may delegate some person within
9 his/her department to act in his/her stead, shall have the power and duties set forth below:
10
l1 A. All duties identified for the Zoning Administrator as set forth in Section 26-200 of the
12 Petaluma Zoning Ordinance, including the authority to interpret this Chapter to members
13 of the public, to City departments and other branches of City government, including
14 preliminary negotiation with and advice to applicants for administrative approval, subject
t5 to the policy of the City Council. Said duties shall be carried out in consultation with the
16 Director of Public Works and the City Manager.
17
I8 B. Report regularly to the City Manager and City Council on the conduct of his/her office
19 including number of applications processed and their resolution.
20
21
22 14.44.340 Appeal
23
24 Any person who disagrees with ~ a -ruling or interpretation of the Planning Director
25 .regarding this Chapter may appeal the matter to the Planning Commission. Such appeal shall be
26 made in writing and filed with the City Clerk within fourteen (14) calendar days of the ruling or
27 interpretation. The City Clerk will then transmit the appeal to the Planning Director, who will
28 cause the matter to be placed on the agenda of the Planning Commission. If no appeal is made
29 within that time, the ruling or .interpretation shall be final. The appeal shall be addressed to the
30 City Clerk and shall set forth in writing the grounds for the appeal and the relief sought by the
31 appellant. The hearing shall be scheduled within two regularly scheduled meetings. The
32 Planning Director shall notify in writing all persons who have demonstrated their interest in this
33 matter of the time and place of the meeting on the appeal at least ten (10) calendar days prior to
34 the meeting. The Planning Director shall transmit the application and all exhibits therewith to
35 the Planning Commission for consideration. For the purposes of this section, a ruling is a
36 discretionary action, e.g., a minor conditional use permit or a site plan and architectural review;
37 and, an interpretation refers to the determination of the intent and application of provisions of
38 this Chapter. Application or enforcement of provisions of this Chapter shall not be considered
39 interpretations or rulings and are not subject to appeal. Notwithstanding this section, an
4o individual may file for an exception from the provisions of this Chapter pursuant to Section
41 14.44.310 of this Chapter.
42
43
44
45
Ord. 2029 NCS Page 28 of 29
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14.44.350 Statutory Severability
IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any
reason held to be unconstitutional by a court of competent jurisdiction, such decision 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.
INTRODUCED and ordered Posted/Px~lid this 3rd day of September ,
19 96
ADOPTED this 16th day of September , 19 96 , by the following vote:
AYES: IVlaguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe
NOES: None
ABSENT: Mayor Hilligoss
ABSTAIN: None
ATTEST: ~'°"~~
,--~
City Clerk
telecom3/winword/cPT&PT 18
Ord. 20 29 NCS
ity Attorney
AS TO FORM:
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