Monterey City Council
March 2, 2023

SECTION 7. Waivers of These Standards.

A. A waiver of one or more ofthese Standards may be granted in the following circumstances:

1. Pursuant to MMC Section 17.46.060(D), if an applicant demonstrates to the Planning Commission through clear and convincing evidence that denial of an application would, within the meaning offederal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations;

2. If an applicant demonstrates to the Planning Commission through clear and convincing evidence set forth in a feasibility study that compliance with a requirement of these Standards would be technically infeasible and the proposed wireless facility complies with the requirements of these Standards to the greatest extent technically feasible. For example, an exception to a requirement to conceal antennas in a shroud may be granted if shrouding is shown to be technically infeasible and an alternative concealment such as a colored film wrap is proposed; or

3. If an applicant demonstrates to the Planning Commission with clear and convincing evidence that the particular engineering, design or location proposed involves an alternative that better meets the purposes of Chapter 17.46 and only minor non-compliance with a requirement of these design Standards and results in no increase in public visual impact to the community or provides other benefits.

For example, an exception to the wireless facility location limitations may be granted when the applicant can demonstrate that the placement is less visible from viewsheds of residences or shielded by vegetation or existing infrastructure (such as barriers), or is less physically intrusive (for example, less impactfiul to tree roots or reduces noise). Among other factors, in deciding whether or not to grant an exception, the Planning Commission may consider the impact of expansions to the facility that the applicant would be entitled to make as ofright if granted.

B. Waivers may only be requested at the time an application is initially submitted for a discretionary permit. The request must include both the specific provision(s) from which waiver is sought and the basis of the request, including all supporting evidence on which the applicant relies.

Any request for waiver after the City has deemed an application complete constitutes a material change to the proposed wireless facility and shall be considered a new application. A request for waiver from one or more Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 105, Packet Page 107 Resolution No. 21-17

requirements does not relieve the applicant from compliance with all other applicable provisions of law or of MMC Section 17.46.060.

SEC1 ION 8. Standard Conditions of Approval for Permits Under MMC Chapter 17.46.

A. Generally. In addition to any supplemental conditions imposed by the Planning Director or Planning Commission, as the case may be, all development permits or conditional use permits granted for wireless communications facilities subject to this Chapter 17.46 shall be subject to the following conditions, unless modified by the approving authority:

1. The permittee shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project, or to hold the City liable in whole or in part as a result of the engineering, design, construction or operation of the facility. The City shall promptly notify the provider(s) of any such claim, action or proceeding ifthe city bears its own attorney’s fees and costs, and the city defends the action in good faith.

2. The permittee shall be strictly liable for interference caused by its facilities with city communications systems. The permittee shall be responsible for costs for determining the source of the interference, all costs associated with eliminating the interference (including but not limited to filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the city attributable to the interference.

3. Subsequent submittals for this project shall be in substantial compliance with the plans date-stamped received by the Planning Department on ______________. The project shall comply with all conditions of approval stipulated in the referral sheets attached to the agenda report for this project. In the event the project plans conflict with any condition of approval, the condition shall take precedence and revised plans shall be submitted and approved by the Planning Director prior to the Environmental Sustainability Department for plan check.

4. The permit and rights conferred in this approval shall not be effective until the permittee signs, notarizes and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Planning Department within 30 days of this decision or prior to issuance of Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 106, Packet Page 108 Resolution No. 21-17

any development, conditional use, building, electrical or encroachment permit.

5. The applicant shall digitally submit a complete set of plans, including the items required in Condition No. 6 to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

6. The Notice of Decision (including the signed and notarized Acceptance of Conditions Affidavit) shall be copied in its entirety and placed directly onto a separate plan sheet(s) to be included in the development plans prior to submitting any development permits from the City of Malibu Environmental Sustainability Department and encroachment permit.

7. A development permit or conditional use permit, as applicable, shall be valid for a period often (10) years from issuance, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end often (10) years from the date of issuance, such development or conditional use permit shall automatically expire, unless an extension or renewal has been granted. A person holding a development permit or conditional use permit must either (1) remove the facility within thirty (30) days following the permit’s expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the City and all appeals from the City’s decision exhausted.

8. The installation and construction authorized by a permit shall be completed within three (3) years after its approval, or it will expire without further action by the City unless prior to the three (3) years the applicant submit an extension request and the City, in its sole discretion, grants a time extension for due cause. The installation and construction authorized by a permit shall conclude, including any necessary post-installation repairs and/or restoration to the property, within thirty (30) days following the day construction commenced. The permittee must provide written notice to City within ten (10) days after completing construction, and may not begin operations until all City and Fire Department (if applicable) inspections have been completed and the project is found to be Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 107, Packet Page 109 Resolution No. 2 1-17

consistent with the permit. The expiration date shall be suspended until an appeal and/or litigation regarding the subject permit is resolved.

9. The Planning Director may grant up to four one-year extensions of the timeline, in Condition 7 above, for completing the installation and construction authorized by a development or condition use permit, if the Planning Director finds that the conditions, including but not limited to changes in the wireless ordinance under which the permit approval was issued, have not significantly changed.

10. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

11. All structures shall conform to the requirements of the Environmental Sustainability Department, City Public Works Department, FCC and Los Angeles County Fire Department
requirements, as applicable. Notwithstanding this review, all required permits, including but not limited to an encroachment permit from the City, shall be secured.

12. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC. An application with all required materials and fees shall be required.

Cultural Resources

13. In the event that potentially important cultural resources are found in the course of geologic testing, work shall immediately cease until a qualified archaeologist can provide an evaluation ofthe nature and significance of the resources and until the Planning Director can review this information. Where, as a result of this evaluation, the Planning Director determines that the project may have an adverse impact on cultural resources, a Phase II Evaluation of cultural resources shall be required pursuant to MMC Section
1 7.54.040(D)(4)(b).

14. If human bone is discovered, the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed.

These procedures require notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notif~’ the Native American Heritage Commission by phone within 24 hours. Following notification of the Native Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 108, Packet Page 110 Resolution No. 21-17

American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

Wireless Facility Conditions

15. All antennas shall meet the minimum siting distances to public/uncontrolled areas required for compliance with the FCC regulations and standards governing the environmental effects of radio frequency emissions. Permittee shall keep up-to-date on current information from the FCC in regards to maximum
permissible radio frequency exposure levels. In the event that the FCC changes its guidelines for human exposure to radio frequency, permittee shall, within 30 days after any such change, submit to the Planning Director a report prepared by a qualified engineer that demonstrates actual compliance with such changed guidelines. The Director may, at permittee’s sole cost, retain an independent consultant to evaluate the compliance report and any potential modifications to the permit necessary to conform to the FCC’s guidelines. Failure to submit the compliance report required under this condition, or failure to maintain compliance with the FCC’s guidelines for human exposure to radio frequency at all times shall constitute grounds for permit revocation.

16. All antennas shall be located so that any person walking adjacent to the transmitting surface of the antenna will be walking on a grade, which is a minimum of eight and one-half feet below the transmitting surface.

17. All antennas, equipment, and support structures shall be engineered and designed to prevent unauthorized climbing.

18. The wireless facility shall be erected, operated, and maintained in compliance with the general requirements set forth in the Standards and any specific requirements in the permit.

19. The antenna and electrical support equipment shall, at all times, be operated in a manner that conforms to the applicable health and safety standards, including those imposed by MMC Chapter 17.46 and this Resolution.

20. Wireless communications facilities and equipment must comply with the City’s noise ordinance in MMC 8.24, or any successor provisions, and prevent noise and sound from being plainly audible at a distance of fifty (50) feet from the facility or within ten (10) feet of any residence.

Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 109, Packet Page 111 Resolution No. 21-17

21. The Planning Director’s approval is required if a generator is to be placed onsite for temporary or permanent use.

22. All non-ground-mounted equipment associated with the application shall be located no lower than eight feet above grade or ground level on the monopole or support structure.

23. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

The City shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case, shall notify permittee within 24 hours of doing so.

24. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

25. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of five million dollars ($5,000,000) per occurrence for bodily injury and property damage and six million dollars ($6,000,000) general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. A true and correct copy of the policy of insurance shall constitute proof of insurance required by this Subsection. Permittee shall use its best efforts to provide thirty (30) days’ prior notice to the City of to the cancellation or material modification of any applicable insurance policy. Failure to maintain insurance consistent with this Condition shall automatically void the permit, and the permittee shall immediately deenergize and remove the facility from operation. The policy shall not have a pollution or other exclusion which excludes injuries or damages from EMF/RF exposures.

26. Prior to issuance of a City permit or encroachment permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 110, Packet Page 112 Resolution No. 21-17

facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The pennittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.

27. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all costs and expenses related to the relocation of the City’s structure, improvement, or property. Prior to commencement of any work pursuant to any permit, the permittee shall provide the City with documentation establishing to the city’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property to be affected by permittee’s facilities.

28. No possessory interest is created by a Wireless Permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee
acknowledges that City has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a development or conditional use permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against permittee’ s right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this development or conditional use permit.

29. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 111, Packet Page 113 Resolution No. 2 1-17

constructing, attaching, or operating a facility on municipal infrastructure. This permit is not a substitute for such agreement.

30. If a facility is not operated for a continuous period of three (3) months, the Wireless Permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the three (3) month period (i) the Director has determined that the facility has resumed operations, or (ii) the City has received an application to transfer the permit to another service provider. No later than ninety (90) days from the date the facility is determined to have ceased operation, or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification ofthe removal ofthe facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. Ifthere are two (2) or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned but will not be effective for the entirety thereof until all users cease use thereof.

31. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City otherwise agrees, in its complete discretion, to waive said fees or any part thereof.

32. Interference with city communications systems and other governmental emergency systems is prohibited. Further, no permits issued pursuant to this chapter of the City Code establish any guarantee or warranty that Licensee’s facility will be free from interference from city or third-party communication systems.

Construction

33. Installation hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No installation activities shall be permitted on Sundays and CityAttachment 2 Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 112, Packet Page 114 Resolution No. 21-17

designated holidays. The restricted work hours described in this condition do not apply to emergency maintenance necessary to protect health or property. The City of Malibu may issue a Stop Work Order if permittee violates this condition. Construction activities shall be conducted in compliance with, and abide by, all applicable safety codes and permit conditions.

34. All sites must be designed and build to the standards ofANSI/APCO Public Safety Grade Site Hardening Requirements, also referred to as “APCO ANSI 2.106.1-2019”.

Site Specific Conditions

35. In the event that the electric service provider does not currently offer an alternative metering option, the permittee shall remove the above-grade electric meter when such option becomes available.

Prior to removing the above-grade electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.

36. The permittee acknowledges that the City specifically includes conditions of approval related to (a) painting, coloring or finishing the equipment to match the monopole or support structure; (b) undergrounding all equipment to the extent possible; (c) installing equipment within shrouds, conduits and risers as concealment elements engineered and designed to integrate the wireless facility with the surrounding built and natural environment; and (d) specific structural, seismic, electrical, fire and operating/maintenance requirements. Any future modifications to the permittee’ s wireless facility must maintain or improve all concealment elements and safety precautions.

37. Before the permittee submits any applications for construction, encroachment, excavation or other required permits in connection with this permit, the permittee must incorporate a true and correct copy of this permit, all conditions associated with this permit and any approved photo simulations into the project plans (collectively, the “Approved Plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans as determined by the Director or the Director’s designee. Any substantial or material alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 113, Packet Page 115 Resolution No. 21-17

request subject to the Director’s prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.

38. The permittee shall install and at all times maintain in good condition a “Network Operations Center Information” and “RF Caution” sign on the utility pole no less than three (3) feet below the antenna (measured from the top of the sign) and no less than nine (9) feet above the ground line (measured from the bottom of the sign). Signs required under this condition shall be installed so that a person can clearly see the sign as he or she approaches within three (3) feet of the antenna structure. If any person on or within the property is or may be exposed to emissions that exceed applicable FCC uncontrolled/general population limits at any time the sign shall expressly so state, and provide instructions on how persons can avoid any such exposure. The sign shall also include the name(s) of the facility owner(s), equipment owner(s) and operator(s)/carrier(s) ofthe antenna(s), property owner name, as well as emergency phone number(s) for all such parties. The sign shall not be lighted, unless applicable law, rule or regulation requires lighting. No signs or advertising devices other than required certification, warning, required seals or signage, other signage required by law, this Chapter, any City or applicable state code or the Los Angeles County Fire Department Chief or his or her designee shall be permitted. The sign shall be no larger than two (2) square feet.

39. The permittee shall ensure that all signage complies with FCC Office of Engineering and Technology Bulletin 65, CPUC General Order 95 or American National Standards Institute C95.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone number shall be able to reach a live person who can exert transmitter power-down control over this site as required by the FCC.

40. In the event that the FCC changes any of radio frequency signage requirements that are applicable to the project site approved herein or ANSI Z535.1, ANSI Z535.2, and ANSI C95.2 standards that are applicable to the project site approved herein are changed, the permittee, within 30 days of each such change, at its own cost and expense, shall replace the signage at the project site to comply with the current standards.

Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 114, Packet Page 116 Resolution No. 21-17

41. The permittee shall maintain the paint, color and finish ofthe facility in good condition at all times.

42. All improvements, including foundations, and appurtenant ground wires, shall be removed from the property and the site restored to its original pre-installation conditions within 90 days of cessation of operation or abandonment of the facility.

43. Build-Out Conditions.
a. Permittee shall not commence any excavation, construction, installation or other work on the project site until and unless it demonstrates to the City Public Works Department that the project complies with these Conditions along with all
applicable laws, regulations, codes and other rules related to public health and safety, including without limitation all applicable provisions in California Public Utilities
Commission General Order 95 and MMC Chapters 8.12,

8.24 and 15.08.
b. To the extent that a pole owner or any provision in the MMC or this resolution require greater or more restrictive
standards than California Public Utilities Commission
General Order 95, if applicable, those standards shall
control.

44. Permittee shall at all times maintain compliance with all applicable federal, State and local laws, regulations, ordinances and other rules, including Americans with Disabilities Act (ADA) requirements.

45. The permittee shall cooperate with all inspections. The City and its designees reserve the right to support, repair, disable or remove any elements ofthe facility in emergencies or when the facility threatens imminent harm to persons or property.

46. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Planning Department at the time of permit issuance and within one business day of permittee’s receipt of City staffs written request.

47. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 115, Packet Page 117 Resolution No. 21-17

from the construction, operation, maintenance, modification and removal of the facility.

48. The site and the facility must be maintained in a neat and clean manner and in accordance with all approved pians and conditions of approval.

49. Permittee shall promptly remove any graffiti on the wireless facility at permittee’ s sole expense within 48 hours after notice.

Prior to Operation

50. The applicant shall request a final Planning Department inspection and final building inspection by the City of Malibu Environmental Sustainability Department immediately after the wireless facility has been installed and prior to the commencement of services.

51. Within thirty (30) calendar days following the installation of any wireless communications facilities, the applicant shall provide to the Planning Department with a field report prepared by a qualified engineer verifying that the unit has been inspected, tested, and is operating in compliance with FCC standards. Specifically, the onsite post-installation radiofrequency (RF) emissions testing must demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety guidelines for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. Such report and
documentation shall include the make and model (or other identifying information) of the unit tested, the date and time of the inspection, a certification that the unit is properly installed and working within applicable FCC limits, and a specific notation ofthe distance from the transmitter at which the emissions are equal to or less than the uncontrolled/general population limit.

52. The operation ofthe approved facility shall commence no later than one (1) month after the City completes its post-installation inspections of the facility, any issues with the facility are resolved, and the City receives the RF testing report required in the condition of approval above, or the development or conditional use permit will expire without further action by the City.

Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 116, Packet Page 118 Resolution No, 21-17

Fixed Conditions

53. Violation of any ofthe conditions of this approval shall be cause for revocation and termination of all rights thereunder.

Eligible Facilities Requests
All permits for an eligible facilities requests under MMC Chapter 17.46 shall be subject to the following conditions and all ofthe other conditions ofapproval placed on a Wireless Permit, unless modified by the approving authority:

54. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

55. The City’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station.

Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

56. The City’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.

Small Cell Facilities
In addition to the other conditions of approval placed on a Wireless Permit, all permits for a small cell facility under MMC Chapter 17.46 shall be subject to the following additional condition, unless modified by the approving authority:

57. The City’s grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.

SECTION 9. Basic Application Requirements for Permits Under MMC Chapter 17.46.

A. Generally. In addition to providing all required fees, all wireless telecommunication facility carriers or providers shall provide the information required by a separate application form published, and updated Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 117, Packet Page 119 Resolution No. 21-17

from time to time, by the City. If no such form is available, then the applicant must submit all documents, information, and any other materials necessary to allow the City to make required findings and ensure that the proposed facility will comply with applicable laws and not endanger the public health, safety, or welfare. Such information may include:

1. Contact information for:
a. Applicant and their representatives
b. Owner of proposed wireless communications facility
c. If different from facility owner, the identity of the person or entity responsible for operating the proposed wireless
facility
d. The property owner or owner of the structure on which the proposed wireless facility would be installed
e. Names, addresses, telephone numbers, and email addresses of anyone acting on behalf ofthe applicant with regard to the application;
f. The name, address and phone number of all persons that prepared or assisted in preparing the application and any required reports;
g. The postal address, parcel number, or utility pole identifier of the property;
h. The location of the schools, playgrounds and parks within 500 feet of the project site;
i. Local contact person for emergencies
j. Assessor’s Parcel Number

2. Purpose of new wireless communications facility or amendment

3. Type ofApplication (Select all that apply)
a. Eligible Facilities Request
b. Small Cell — Collocation
C. Small Cell — New Structure
d. Collocation (Non-Small Cell)
e. All Other Wireless Communications Facilities
f. Permit Renewal
g. Waiver

4. Letter of authorization signed by the property owner authorizing the applicant to submit and process the application, including executed copies of any leases, letters of agency, or proof of ownership, of private property involved in the project.

5. Authorizations, and Licenses

6. Provide previous approvals, if applicable, and Certificate of Completion. Site inspection fees may apply if a final inspection was never requested

7. Identif~,r all other required permits and approvals for the subject facility.

Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 118, Packet Page 120 Resolution No. 21-17

8. Electrical and Structural Safety Information. The following engineering documents prepared under the responsible charge of and sealed by a California licensed Professional Engineer must be included in the application:
a. A short circuit and coordination study (“SCCS”) calculated pursuant to the IEEE 551-2006: Recommended Practice for Calculating AC Short-Circuit Currents in Industrial and Commercial Power Systems or the latest version of that
standard. The study must demonstrate the protection devices will ensure the equipment enclosure will not be breached.

The SCCS must include analysis of Voltage Transient
Surges due to contact of conductors of different voltages; b. A one-line diagram of the electrical system;
c. Voltage Drop & Load Flow Study;
d. Load Calculation;
e. Panel Directories;
f. A plot plan showing the location of the mounting structure including address, or structure designation, or GPS location on the front sheet;
g. A plot plan showing the location ofthe service disconnecting means; and
h. An elevation drawing of the equipment and the service disconnecting means.

9. Structural Safety Information. The structural/civil engineering documents prepared under the responsible charge of and sealed by a California licensed professional civil engineer.
a. Photo simulations, from at least three different angles, showing the pole and streetscape before and after
installation. In some cases, more than three different angles may be required;
b. The azimuth, size and center-line height location of all proposed and existing antenna(s) on the supporting
structure;
c. The number, type and model of the antenna(s) that will be used with a copy of the specification sheet;
d. The make, model, type and manufacturer of any tower
involved and a design plan stating the tower’s capacity to accommodate multiple users;
e. Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect, which include the following items.
(1) A site plan and elevation drawings for the facility as existing and as proposed with all height and width
measurements explicitly stated.

Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 119, Packet Page 121 Resolution No. 21-17

(2) A site plan describing the proposed tower and
antenna(s) and all related fixtures, structures,
appurtenances and apparatus, including height above
pre-existing grade, materials, color and lighting;
(3) A depiction, with height and width measurements
explicitly stated, of all existing and proposed
transmission equipment.
(4) A depiction of all existing and proposed utility runs and points of contact.
(5) A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and
utilities labeled in plan view.
f. Detailed map with locations ofthe poles or other property on which equipment is to be located, including specific pole identification number, if applicable, and the areas it will service;
g. Description as to why the desired location is superior to other similar locations, from a community perspective, including, but not limited to:
(1) Proximity to residential buildings and descriptions of efforts to prevent any blocking of views of
impressive scenes; and
(2) Written documentation demonstrating a good faith
effort to locate the proposed facility in the least
intrusive location in accordance with the location
requirements of this Resolution.
h. A description in writing and a visual rendering
demonstrating effective screening of all ground-mounted or roof-mounted equipment of the facility from view.

Color-coded carrier-generated RF Coverage (propagation) maps, at a scale no smaller than 1 inch (1”) to a quarter (1/4) mile with all appropriate legends, showing the coverage for the highest and lowest frequencies to be used by the facility.

Frequencies are to be stated numerically, not qualitatively.

Provide a represented value in dB of each colors it
specifically represents.
j. If the project involves, modifies or will use an existing facility or structure, a description of the type of structure (e.g., guyed, self-supporting lattice or monopole), and a report on the physical condition of the facility certified by a professional engineer licensed in the state of California. k. If the application is for a new tower, clear and convincing technical evidence by a carrier or wireless service provider justifying the total height of the proposed facility and the need for such to the exclusion of all reasonable alternatives.

Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 120, Packet Page 122 Resolution No. 2 1-17

Evidence in the form of propagation studies must include all modeling data and assumptions used to produce the studies at the requested height and should take into consideration the ability to collocate other carriers in the future.

A siting analysis which identifies other feasible locations within or outside the City which could serve the area
intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than the minimum.
m. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the emissions levels deemed safe by the FCC. A copy of the fully completed FCC form “A Local
Government Official’s Guide to Transmitting Antenna RF
Emission Safety: Rules, Procedures, and Practical Guidance:

Appendix A” titled “Optional Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power.”
n. A statement detailing the frequency, modulation and class of service of radio or other transmitting equipment;
o. A copy ofthe FCC license applicable for the intended use of the proposed facilities;
p. A HazMat Business Plan for all new generators, and any storage and/or use of hazardous materials during the project, to include:
i. A list of toxic substances that may develop during
arcing or fire that may impede fire suppression
efforts;
ii. A list of hazards that may develop during arcing or fire that may impede fire suppression efforts;
q. A demolition plan, if applicable.
r. A written statement of the applicant’s willingness to allow other carriers to co-locate on the proposed personal wireless service facility where technically and economically feasible and aesthetically desirable, subject to the qualification that colocation should not occur when public exposures from the resulting higher cumulative sources would exceed FCC
limits.

Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 121, Packet Page 123 Resolution No. 21-17

s. Such other information as the Director shall establish. t. A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application. If attester not an authorized employee ofthe applicant, then the attester must demonstrate that it is an authorized agent ofthe applicant, with lawful Power ofAttorney from the applicant.

SECTION 10. Environmental Review
This Resolution is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Resolution does not authorize any specific development or installation on any specific piece ofproperty within the City’s boundaries.

Moreover, when and ifan application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Resolution is a “project” within the meaning of State CEQA Guidelines section 15378, the Resolution is exempt from CEQA on multiple grounds. First, the Resolution is exempt CEQA because the City Council’s adoption of the Resolution is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Resolution will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Resolution, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Resolution is interpreted so as to permit installation of wireless communications facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land).

SECTION 11. This Resolution will become effective immediately upon adoption.

SECTION 12. The City Clerk shall certif~’ to the passage and adoption ofthis resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 12th day of April 2021. ///~//~
~fi}~WF~PIE1~SON, Mayor
Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 122, Packet Page 124 Resolution No. 21-17

ATTEST:

KELSEY i~ fTIJOITf\~, Actfng~ty Clerk
(seal)
APPROVED AS TO FORM:

JOHNj~OTTI, Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO.21-17 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the l2~ day of April 2021 by the following vote:

AYES: 5 Councilmembers: Farrer, Silverstein, Ubring, Grisanti, Pierson NOES: 0
ABSTAIN: 0
ABSENT: 0
KELSEY P~T!J~YHN, Actihg C~tyCierk
(seat)
Attachment 2
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 123, Packet Page 125 CHAPTER 14.44

TELECOMMUNICATIONS FACILITY AND 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;
B. Insure against the creation of visual blight within or along the city’s scenic corridors and ridgelines; C. Retain local responsibility for and control over the use of public rights-of-way to protect citizens and enhance the quality of their lives.

D. Protect the inhabitants of Petaluma from the possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation); E. Protect the environmental resources of Petaluma;
F. Insure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructures are provided to serve the business community; G. Create and preserve telecommunication facilities that will serve as an important and effective part of Petaluma’s emergency response network;
H. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of Petaluma citizens; I. Provide for the charging of reasonable, competitively neutral, nondiscriminatory fees for use of the public right-of-way by telecommunication providers; and,
J. Provide for the maximization of access and usability of an internet web site for the city of Petaluma.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 1 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 124, Packet Page 126 (Ord. 2029 NCS (part), 1996.)

14.44.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section:

A. "Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. Antennas shall include cellular on wheels (COWs) and cellular on light trucks (COLTs) facilities; as well as dispatch carriers for Specialized Mobile Radio (SMR) services and Enhanced SMR (ESMR).

1. "Antenna - building mounted" means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building mounted mast less than ten feet tall and six inches in diameter, or structure other than a telecommunication tower.

2. "Antenna - directional" (also known as a "panel" antenna) transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty degrees.

3. "Antenna - ground mounted" means any antenna with its base, single or multiple posts, placed directly on the ground or a mast less than ten feet tall and six inches in diameter.

4. "Antenna - omni-directional" transmits and/or receives radio frequency signals in a three hundred sixty degree radial pattern For the purpose of this chapter, an omni-directional antenna is up to fifteen feet in height and up to four inches 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 definition 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." Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 2 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 125, Packet Page 127 C. "Commercial use" 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 any period of time.

D. "Direct broadcast satellite service" (DBS) means a system in which signals are transmitted directly from a satellite to a small (not exceeding eighteen inch) 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.

H. "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).

K. "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 ten feet in diameter that transmits to and/or receives signals from an orbiting satellite.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 3 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 126, Packet Page 128 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. "Telecommunications facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.

1. "Telecommunications facility - exempt" includes, but is not limited to, the following unless located within a recognized historic district:
a. A single ground- or building-mounted receive-only radio or television antenna including any mast, for the sole use of the tenant occupying the residential parcel on which the radio or television antenna is located, with an antenna height not exceeding twenty-five feet; b. A ground- or building-mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty-five feet;
c. A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the amateur radio service, if the height (post and antenna) does not exceed thirty-five feet;
d. A ground- or building-mounted receive-only radio or television satellite dish antenna, which does not exceed thirty-six inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel;
e. All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the amateur radio service which existed at the time of the adoption of this chapter (September 1996).
f. Mobile services providing public information coverage of news events of a temporary nature. g. Handheld 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 telecommunications 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 of, but not limited to, the following unless located on a structure recognized as a historic landmark:

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 4 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 127, Packet Page 129 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 antennas 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. Antennas 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. 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-foot by one-and-one-half-foot panel) as viewed from any one point, located on commercial- or industrial-zoned property. The equipment cabinets shall be designed, placed and screened to be unobtrusive and effectively unnoticeable. e. More than three antennas, satellite dishes (greater than three feet in diameter), panel antennas, or combination thereof, are proposed to be placed on the commercial or industrial parcel, including existing facilities.
f. Building-mounted antennas which, in the opinion of the planning director, are unobtrusive or undetectable by way of design and/or placement on the building, regardless of number, when located on commercial- or industrial-zoned property.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 5 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 128, Packet Page 130 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 quasipublic uses where it is found by the planning director to be compatible with the existing city uses of the property.
h. Telecommunication facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the planning director to be aesthetically compatible with the existing and surrounding structures. i. Telecommunication facilities located on a structure recognized as a historic landmark.

If a facility does not meet these criteria then it is considered a "major" telecommunication facility.

5. "Telecommunication facility - colocated" means a telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

6. "Telecommunication facility - commercial" means a telecommunication facility that is operated primarily for a business purpose or purposes.

7. "Telecommunication facility - multiple user" means a telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only.

8. "Telecommunication facility - noncommercial" means a telecommunication facility that is operated solely for a nonbusiness purpose.

9. "Telecommunications facility - small cell" means a telecommunications facility that is pole mounted to existing public utility infrastructure.

T. "Telecommunications tower" means a mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast greater than ten feet tall and six inches in diameter supporting one or more antennas, dishes, arrays, etc. shall be considered a telecommunications tower.
(Ord. 2662 NCS § 2 (part), 2018; Ord. 2029 NCS (part), 1996.)

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 plan, PUD standards, design guidelines, and the permit requirements of any agencies which have jurisdiction over the project; Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 6 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 129, Packet Page 131 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;
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 all 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 carriers 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.
(Ord. 2029 NCS (part), 1996.)

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 chapter 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.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 7 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 130, Packet Page 132

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 received 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 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 as set 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 within 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 in monitoring compliance with local, state and federal laws.

D. Amendment. Each registrant shall inform the city, within sixty days of any change of the information set forth in Section 14.44.040.
(Ord. 2029 NCS (part), 1996.)

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. (Ord. 2029 NCS (part), 1996.)

14.44.060 Nonexclusive grant.

No approval granted under this chapter 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. (Ord. 2029 NCS (part), 1996.)
Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 8 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 131, Packet Page 133

14.44.070 Rights granted.

No approval granted under this chapter shall convey any right, tide or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purposes and term stated in the approval. Further, no approval shall be construed as any warranty of title. (Ord. 2029 NCS (part), 1996.)

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 support structure for licensed amateur radio operator, satellite dish eight feet 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.
(Ord. 2029 NCS (part), 1996.)

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 antenna, satellite dish eight feet 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 of pre-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 but no more than three antenna or satellite dishes (three feet or less in diameter) are proposed.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 9 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 132, Packet Page 134 D. Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(Ord. 2029 NCS (part), 1996.)

14.44.090 Minor 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 one thousand five hundred watts.

C. The combined NIER levels produced by all the antennas present on the parcel do 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 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 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.

L. The height of the facility shall include the height of any structure upon which it is placed, unless otherwise defined within this chapter.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 10 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 133, Packet Page 135 M. No more than two satellite dishes are allowed on the parcel, one of which may be over three feet in diameter, but no larger than eight feet 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 that is situated less than five times its actual diameter from adjoining property lines has screening treatments located along the antenna’s nonreception window axes and low-level landscape treatments along its reception window axes.

P. Any roof mounted panel antenna with a face area greater than three and one-half 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 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 in diameter measured at four and one-half feet 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 ten percent or less.

V. All utility lines to the facility from public or private streets shall be underground.

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. (Ord. 2029 NCS (part), 1996.)

14.44.095 Small cell facilities — Basic requirements.

Small cell facilities as defined in Section 14.44.020 may be installed, erected, maintained and/or operated in any commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a minor conditional use permit, so long as all the following conditions are met:

A. The small cell antenna must connect to an already existing utility pole that can support its weight.

B. All new wires needed to service the small cell must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole.

C. All ground-mounted equipment not installed inside the pole must be undergrounded, flush to the ground, within three feet of the utility pole.

D. Each small cell must be at least one thousand five hundred feet away from the nearest small cell facility.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 11 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 134, Packet Page 136 E. Aside from the transmitter/antenna itself, no additional equipment may be visible.

F. Each small cell must be at least five hundred feet away from any existing or approved residence.

G. An encroachment permit must be obtained for any work in the public right-of-way. (Ord. 2662 NCS § 2 (part), 2018.)

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 (part), 1996.)

14.44.130 Telecommunications facilities — Minimum application requirements.

The following are the minimum criteria applicable to all telecommunications facilities, except exempt facilities as defined in Section 14.44.020(S)(1). In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions may also be necessary. All telecommunications facilities shall comply with the following:

A. The planning director shall establish and maintain a list of information that must accompany every application for the installation of a telecommunications facility. Said information may include, but shall not be limited to, completed supplemental project information forms, a specific maximum requested gross cross-sectional area, or silhouette, of the facility; service area maps, network maps, alternative site analysis, visual impact demonstrations including mock-ups and/or photomontages, visual impact analysis, NIER (non-ionizing electromagnetic radiation) exposure studies, title reports identifying legal access, security considerations, lists of other nearby telecommunications facilities known to the city, master plan for all related facilities within the city limits of Petaluma and within one-quarter mile therefrom; and facility design alternatives to the proposal and deposits for peer review, if deemed necessary by the director. The planning director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted; and B. The planning director is explicitly authorized at his/her discretion to employ on behalf of the city an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 12 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 135, Packet Page 137 (Ord. 2029 NCS (part), 1996.)

14.44.140 Telecommunications facilities — Standard agreements required.

A. A maintenance/facility removal agreement signed by the applicant shall be submitted to the planning director prior to approval of the use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunication tower, one or more new buildings/ equipment enclosures larger in aggregate than three hundred square feet, more than three satellite dishes of any size, or a satellite dish larger than four feet in diameter. Said agreement shall bind the applicant and the applicant’s successors-in-interest to properly maintain the exterior appearance of and ultimate removal of the facility in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the city for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the city and/or its agents to enter onto the property and undertake said work so long as:

1. The planning director has first provided the applicant the following written notices:
a. An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least forty-five calendar days to complete it; and b. A follow-up notice of default specifying the applicant’s failure to comply with the work within the time period specified and indicating the city’s intent to commence the required work within ten working days.

2. The applicant has not filed an appeal pursuant to Section 14.44.350 within fourteen working days of the notice required under Section 14.44.140(A)(1) above. If an appeal is filed, the city shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it taken in favor of the city;

3. All costs incurred by the city to undertake any work required to be performed by the applicant pursuant to the agreement referred to in Section 14.44.140 including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within ten working days of written request therefor such costs as the city reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional moneys shall be deposited as needed within ten working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunications facility involved if the applicant fails to pay the moneys demanded within ten working days. It shall further require that operation remain suspended until such costs are paid in full.

B. Standard agreement required by Section 14.44.140(A) shall be accompanied by the payment of a fee, as established by resolution of the city council, into a trust fund established to cover expenditures for the removal, screening, enhancement or similar activities relating to the existence of telecommunications facilities within the city.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 13 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 136, Packet Page 138 C. Standard agreement required by Section 14.44.140(A) shall include, but not be limited to, the following stipulations agreed to by the applicant:

1. Telecommunications facilities lessors shall be strictly liable for any and all sudden and accidental pollution and gradual pollution resulting from their use within the city of Petaluma. This liability shall include cleanup, intentional injury or damage to persons or property. Additionally, telecommunication facilities lessors shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, include smoke, vapor, soot, fumes, acids, alkalis, chemicals, electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

2. The telecommunications facility provider shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the provider(s) of any such claim, action or proceeding. The city shall have the option of coordinating in the defense. Nothing contained in this stipulation shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney’s fees and costs, and the city defends the action in good faith. (Ord. 2029 NCS (part), 1996.)

14.44.150 Telecommunications facilities — Life of permits.

A. A use permit issued pursuant to this chapter or a site plan approval issued pursuant to this chapter authorizing establishment of a telecommunication facility, except exempt facilities as defined in Section

14.44.020(S)(1), shall be reviewed every ten years. Costs associated with the review process shall be borne by the telecommunication facility owner/provider. Grounds for revocation of the conditional use permit, pursuant to Section 26-509 of the Petaluma zoning ordinance, shall be limited to a finding that (l) the use involved is no longer allowed in the applicable zoning district, (2) the facility fails to comply with the relevant requirements of this chapter as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the planning director that the facility will be brought into compliance within one hundred twenty days, (3) the permittee has failed to comply with the conditions-of-approval imposed, (4) the facility has not been properly maintained, or (5) the facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provisions of universal service at affordable rates. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above do in fact exist or that the notice required under Section 14.44.320 was not provided.

B. If a use permit or other entitlement for use is not renewed, it shall automatically become null and void without notice or hearing ten years after it is issued or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued, within one hundred twenty days thereafter all improvements installed including their foundations down to three feet below ground surface shall be removed Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 14 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 137, Packet Page 139 from the property and the site restored to its natural preconstruction state within one hundred eighty days of non-renewal or abandonment. Any access road installed shall also be removed and the ground returned to its natural condition unless the property owner establishes to the satisfaction of the planning director that these sections of road are necessary to serve some other allowed use of the property that is permitted or is currently present or to provide access to adjoining parcels.
(Ord. 2029 NCS (part), 1996.)

14.44.160 Telecommunications facilities — Structural requirements.

No telecommunications facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end, any telecommunication tower, except exempt facilities as defined in Section 14.44.020(S)(1), located at a distance of less than one hundred ten percent of its height from a habitable structure, property line, or other tower shall be designed and maintained to withstand without failure the maximum forces expected from wind and earthquakes when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the building official prepared by a structural engineer licensed by the state of California describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided via submission to the planning director at least every five (self-supporting and guyed towers) ten (monopoles) years of an inspection report prepared by a Californialicensed structural engineer indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the building official may require repair or, if a serious safety problem exists, removal of the tower. (Ord. 2029 NCS (part), 1996.)

14.44.170 Telecommunications facilities — Basic tower and building design.

All telecommunications facilities, except exempt facilities as defined in Section 14.44.020(S)(1), shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented:

A. Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically conditioned by the city to be otherwise.

B. Telecommunication towers taller than thirty-five feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the planning director or planning commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes.

Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 15 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 138, Packet Page 140 C. Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence is acceptable to the planning director or planning commission, as appropriate, is submitted showing that this is infeasible.

D. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be placed in underground vaults to all extent possible.

E. Telecommunication support facilities shall be no taller than one story (fifteen feet) in height and shall be treated to look like a building or facility typically found in the area.

F. Telecommunication support facilities in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.

G. All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the opinion of the planning director or planning commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

H. The project description and permit shall include a specific maximum allowable gross cross-sectional area, or silhouette, of the facility. The silhouette shall be measured from the "worst case" elevation perspective.

I. The city shall have the authority to require special design of the telecommunication facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

J. Telecommunication facilities shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury. (Ord. 2029 NCS (part), 1996.)

14.44.180 Telecommunication facilities — Critical disaster response facilities.

A. All radio, television and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end all the following measures shall be implemented:

1. Non-flammable exterior wall and roof covering shall be used in the construction of all buildings;

2. Openings in all buildings shall be protected against penetration by fire and windblown embers; Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 16 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 139, Packet Page 141

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 operational in the event of disaster.

B. Demonstration of compliance with requirements subsection A.1., 2., 4. and 5. (fire only) shall be evidenced by a certificate signed by the city fire chief on the building plans submitted.

C. Demonstration of compliance with requirements subsection 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.’
(Ord. 2029 NCS (part), 1996.)

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 Floodway (FW), Park or Open Space (OS) on the Petaluma general plan, unless it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible;
D. 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 manmade 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; Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 17 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 140, Packet Page 142 E. No telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so 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 unfeasibility of co-locating it on one of these former sites; and F. Telecommunication towers shall be set back at least twenty percent of the tower height from all property lines and at least one hundred feet from any public trail, park or outdoor recreation area. Guy wire anchors shall be set back at least twenty feet from any property line.
(Ord. 2029 NCS (part), 1996.)

14.44.200 Telecommunication facilities — Height determination.

The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. (Ord. 2029 NCS (part), 1996.)

14.44.210 Telecommunication facilities — Co-located and multiple-user facilities.

A. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the city and surrounding rural and urban areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The city may require independent verification of this analysis at the applicant’s expense.

Facilities which are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.

B. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads, utilities and equipment buildings shall be shared by site users when in the determination of Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 18 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 141, Packet Page 143 the planning director or planning commission, as appropriate, this will minimize overall visual impact to the community.

C. The facility shall make available unutilized space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the city’s permit files. Unresolved disputes may be mediated by the planning commission or city council. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host to go off-line for a significant period of time.

D. Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates interference or interference is anticipated as a result of said establishment of additional facilities, shall include provisions for the relocation of said existing public use facilities. All costs associated with said relocation shall be borne by the applicant for the additional facilities. (Ord. 2029 NCS (part), 1996.)

14.44.220 Telecommunications facilities — Lighting.

All telecommunication facilities shall be unlit except for the following:

A. A manually-operated or motion-detector controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and B. The minimum tower lighting required under FAA regulation; and C. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences. (Ord. 2029 NCS (part), 1996.)

14.44.230 Telecommunications facilities — Roads and parking.

All telecommunication facilities, except exempt facilities as defined in Section 14.44.020(S)(1), shall be served by the minimum roads and parking areas necessary. To this end all the following measures shall be implemented:

A. Existing roads shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the fire chief and director of engineering. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the fire chief and director of engineering; B. Existing parking areas shall, whenever possible, be used; and Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 19 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 142, Packet Page 144 C. Any new parking areas constructed shall be no larger than three hundred fifty square feet. (Ord. 2029 NCS (part), 1996.)

14.44.240 Telecommunications facilities — Vegetation protection and facility screening.

All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in Section 14.44.020(S)(1):

A. A landscape plan shall be submitted with project application submittal indicating all existing vegetation, identifying landscaping that is to be retained on the site and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas. The landscape plan shall be subject to review and approval of the site plan and architectural review process. All trees, larger than four inches in diameter shall be identified in the landscape plan with indication of species type, diameter at four and one-half feet high, and whether it is to be retained or removed with project development; B. Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented:

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 Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 20 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 143, Packet Page 145 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. (Ord. 2029 NCS (part), 1996.)

14.44.250 Telecommunication facilities — Fire prevention.

A. All telecommunication facilities shall be designed and operated in such a manner so as to minimize 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(S)(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;

4. Type and location of vegetation and other materials within ten feet 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 of subsections A.1. through A.5. shall be evidenced by a certificate signed by the fire chief on the building plans submitted. (Ord. 2029 NCS (part), 1996.)

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(S)(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;
Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 21 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 144, Packet Page 146 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 ten percent 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 with slopes over ten percent. Natural vegetation and topography shall be retained to the extent feasible.
(Ord. 2029 NCS (part), 1996.)

14.44.270 Telecommunications — Noise and traffic.

All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end all the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in Section 14.44.020(S)(1):

A. Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday, non-holiday) between the hours of 7:30 a.m. and 5:30 p.m. unless allowed at other times by the planning commission;
B. Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one hundred feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least a Ldn of 60 dB at the property line and an interior noise level of a Ldn of 45 dB. Testing and maintenance shall only take place on weekdays between the hours of 8:30 am. and 4:30 p.m.; and
C. Traffic, at all times, shall be kept to an absolute minimum, but in no case more than two round trips per day on an average annualized basis once construction is complete. (Ord. 2029 NCS (part), 1996.)
Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 22 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 145, Packet Page 147

14.44.280 Telecommunications facilities — Visual compatibility.

A. Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community.

B. The facility is designed to blend with any existing supporting structure and does not substantially alter the character of the structure or local area.

C. Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner; and
D. A visual analysis, which may include photo montage, field mock up, or other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility to the satisfaction of the planning director. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. (Ord. 2029 NCS (part), 1996.)

14.44.290 Telecommunications facilities — NIER exposure.

A. No telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in Section 14.44.020 that exceed the ANSI (American National Standards Institute) C95.l-1992 standard for human exposure or any more restrictive standard subsequently adopted or promulgated by the city, county, the state of California, or the federal government.

B. Initial compliance with this requirement shall be demonstrated for any facility within four hundred feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc. and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER (Nonionizing Electromagnetic Radiation calculations) specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty percent of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the state of California to measure NIER levels at said location after the facility is in operation.

A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the planning director. Said facility shall not commence normal operations until it complies with, or has been modified, to comply with this standard. Proof of said compliance shall be a certification Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 23 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

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Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 146, Packet Page 148 provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the city may require, at the applicant’s expense, independent verification of the results of the analysis.

C. Every telecommunication facility within four hundred feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section.

Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the planning director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes.

If calculated levels in either of these cases exceed eighty percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the state of California to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author’s/ engineer’s findings with respect to compliance with the current NIER standard shall be submitted to the planning director within five years of facility approval and every five years thereafter. In the case of a change in the standard, the required report shall be submitted within ninety days of the date said change becomes effective.

D. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement. (Ord. 2029 NCS (part), 1996.)

14.44.310 Telecommunication facilities — Exceptions.

A. Exceptions to the requirements specified within this chapter may be granted through issuance of a conditional use permit by the planning commission. Such a permit may only be approved if the planning commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

B. An exception to the requirements of Sections 14.44.180 and 14.44.250 may only be granted upon written concurrence by the fire chief.

C. Tower setback requirements may be waived under any of the following circumstances:

1. The facility is proposed to be co-located onto an existing, legally-established telecommunication tower; and

2. Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
(Ord. 2029 NCS (part), 1996.)
Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 24 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

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Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 147, Packet Page 149

14.44.320 Telecommunication facilities — Public notice.

In addition to the public notice required within this chapter, the following special noticing shall be provided:

A. Notice of consideration or a public hearing, as appropriate, on a minor or major use permit authorizing the establishment or modification of a telecommunication facility shall be provided to the operators of all telecommunication facilities, registered with the city of Petaluma pursuant to Section 14.44.040, within one mile of the subject parcel via mailing of the standard legal notice prepared; and B. Notice of the approval of a minor use permit by the planning director authorizing the establishment or modification of, or the renewal of a permit for, a telecommunication facility or minor antenna needing site plan review, shall be mailed to all adjacent property owners within three hundred feet. Mailing of said notice shall start a fourteen calendar day appeal period.
(Ord. 2029 NCS (part), 1996.)

14.44.330 Ambiguity.

In order to achieve consistent and efficient coordination and enforcement in the administration of this chapter, the planning director, or he/she may delegate some person within his/her department to act in his/her stead, shall have the power and duties set forth below:

A. All duties identified for the zoning administrator as set forth in Section 26-200 of the Petaluma zoning ordinance, including the authority to interpret this chapter to members of the public, to city departments and other branches of city government, including preliminary negotiation with and advice to applicants for administrative approval, subject to the policy of the city council. Said duties shall be carried out in consultation with the director of public works and the city manager.

B. Report regularly to the city manager and city council on the conduct of his/her office including number of applications processed and their resolution.
(Ord. 2029 NCS (part), 1996.)

14.44.340 Appeal.

Any person who disagrees with a ruling or interpretation of the planning director regarding this chapter may appeal the matter to the planning commission. Such appeal shall be made in writing and filed with the city clerk within fourteen calendar days of the ruling or interpretation. The city clerk will then transmit the appeal to the planning director, who will cause the matter to be placed on the agenda of the planning commission. If no appeal is made within that time, the ruling or interpretation shall be final. The appeal shall be addressed to the city clerk and shall set forth in writing the grounds for the appeal and the relief sought by the appellant. The hearing shall be scheduled within two regularly scheduled meetings. The planning director shall notify in writing all persons who have demonstrated their interest in this matter of the time and place of the meeting on the appeal at least ten Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 25 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 148, Packet Page 150 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Disclaimer: The city clerk’s office has the official version of the Petaluma Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

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calendar days prior to the meeting. The planning director shall transmit the application and all exhibits therewith to the planning commission for consideration. For the purposes of this section, a ruling is a discretionary action, e.g., a minor conditional use permit or a site plan and architectural review; and, an interpretation refers to the determination of the intent and application of provisions of this chapter. Application or enforcement of provisions of this chapter shall not be considered interpretations or rulings and are not subject to appeal. Notwithstanding this section, an individual may file for an exception from the provisions of this chapter pursuant to Section

14.44.310 of this chapter. (Ord. 2029 NCS (part), 1996.)

14.44.350 Statutory/severability.

If any section, subsection, sentence, clause or phrase or word of this chapter 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 chapter. The city council of the city of Petaluma hereby declares that it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. (Ord. 2029 NCS (part), 1996.) Ch. 14.44 Telecommunications Facility and Antenna Criteria | Petaluma Municipal Code Page 26 of 26 The Petaluma Municipal Code is current through Ordinance 2819 NCS, passed July 11, 2022.

Attachment 3
Council Adjourned Meeting, 3/2/2023, Item No. 1., Item Page 149, Packet Page 151