Petaluma

Come to the Tue June 12, 2018 Petaluma Planning Commission Meeting

  • When: Tue June 12, 2018 at 7:00 pm
  • Where: 11 English Street Petaluma, CA 94952
  • What: Show up to support the speakers advising the City of Petaluma on the DRAFT documents regarding 4G/5G so-called “Small Cell” cellphone towers Municipal Code changes.
  • Email the Petaluma City Manager, Planning Commissioners and City Council Members (see contact information, below).
  • Tell the Planning Commission and City Council that you are with My Street, My Choice! don’t want the 4G/5G so called "Small Cell" cellphone towers installed in Petaluma’s residential zones and want Petaluma to update its Municipal Wireless code to protect its residents’ safety and privacy.
  • Help Us Spread the Word to Petaluma Residents! Post this website (http://mystreetmychoice.com/) to your social media, email it and/or text it everyone you know in Petaluma.
  • Mark Your Calendars! Here are all the relevant Planning Commission and City Council meetings. We need you and anyone else you know to attend to support the speakers and wear yellow badges. Strength in numbers.
    • Planning Commission: Tue, Jun 12 @ 7:00 pm
    • City Council: Mon, June 18 @ 6:30 pm
    • City Council: Mon, July 16 @ 6:30 pm

This Page’s Table of Contents

  • Link to 1. Petaluma Plannning Commission: AGENDA ITEM #8C
  • Link to 2. Attachment A: Resolution
  • Link to 3. Attachment A — Exhibit : Draft Ordinance
  • Link to A. Petaluma General Plan
  • Link to B. Government Code §65853 et seq.
  • Link to C. Petaluma Implementing Zoning Ordinance, Chapter 25
  • Link to D. California Environmental Quality Act (CEQA)

Please find the links to the City of Petaluma Planning Commission Draft documents; some are also reproduced, below:

  1. Text AmendmentsLink below — to the City of Petaluma Municipal Code and Implementing Zoning Ordinance Regulating Small Cell Facilities
    http://petaluma.granicus.com/MetaViewer.php?view_id=31&event_id=43128&meta_id=397671
  2. RESOLUTIONLink below — to THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF CHAPTER 14.44 OF THE PETALUMA MUNICIPAL CODE TO ADD A DEFINITION FOR SMALL CELL FACILITIES AND IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 7 SECTION 7.090 TELECOMMUNICATIONS FACILITIES TO ADD A DEFINITION AND TABLE COLUMN FOR SMALL CELL FACILITIES
    http://petaluma.granicus.com/MetaViewer.php?view_id=31&event_id=43128&meta_id=397673
  3. ATTACHMENT A:Link below — to [DRAFT] ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF CHAPTER 14.44 OF THE PETALUMA MUNICIPAL CODE TO ADD A DEFINITION FOR SMALL CELL FACILITIES AND IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 7 SECTION 7.090 – TELECOMMUNICATIONS FACILITIES TO ADD A DEFINITION AND TABLE COLUMN FOR SMALL CELL FACILITIES
    http://petaluma.granicus.com/MetaViewer.php?view_id=31&event_id=43128&meta_id=397675
  4. ATTACHMENT B: Redlines for 7.090 — Telecommunications Facilities
    http://petaluma.granicus.com/MetaViewer.php?view_id=31&event_id=43128&meta_id=397677
  5. ATTACHMENT C: Redlines for CHAPTER 14.44 TELECOMMUNICATIONS FACILITY AND ANTENNA CRITERIA
    http://petaluma.granicus.com/MetaViewer.php?view_id=31&event_id=43128&meta_id=397679

Scientitsts For Wired Technology (S4WT) Comments

S4WT comments are listed below, directly after relevant sections and appear as follows:


S4WT Comment: This is a sample comment.



 

1. Petaluma Plannning Commission: AGENDA ITEM #8C

https://cityofpetaluma.net/cdd/pdf/general-plan-may08/general-plan-may08.pdf

DATE: June 12, 2018
TO: Planning Commission
FROM: Lisa Tennenbaum, Assistant City Attorney
SUBJECT: Text Amendments to the City of Petaluma Municipal Code and Implementing Zoning Ordinance Regulating Small Cell Facilities

RECOMMENDATION

It is recommended that the Planning Commission adopt a resolution recommending that the City Council approve text amendments to the Implementing Zoning Ordinance (IZO) and the Petaluma Municipal Code (PMC) to outline regulations for the installation of Small Cell Facilities in Petaluma.

BACKGROUND

Over the past several months, telecommunications companies have requested staff guidance on the installation of cellular equipment on City infrastructure such as light poles. These “Small Cell Facilities” are cellular infrastructure that are smaller than traditional stand-alone cell towers and building mounted towers. Small Cell Facilities are pole mounted to existing utility infrastructure (street lights, power poles, etc.) These sites are used to offset the wireless utility workload of larger cell towers to provide coverage on a more localized (block-wide) basis and provide consistent and continuous coverage and downloading of data. At this time, the City Manager has directed City staff that the City is not interested in having Small Cell Facilities mounted on City owned infrastructure, which the City has the right to refuse to do. The concerns regarding Small Cell Facilities on City owned infrastructure included wear and tear on City owned property, health concerns to adjacent residents, and the intrusion of related electrical equipment in the right-of-way.

However, staff has learned that a recent California Public Utilities Commission decision requires utility companies to allow the colocation of Small Cell Facilities on utility company owned infrastructure. This means that a telecommunications company would have access to Pacific Gas and Electric (PG&E), or any other utility company owned, poles throughout the City. As such, it is recommended that the City’s Municipal Code governing telecommunications infrastructure be amended to address Small Cell Facilities. Currently, the Small Cell Facilities, as emerging technology, do not equate to any existing PMC definitions regarding Telecommunication Facilities. It is also recommended that the City’s Implementing Zoning Ordinance Section 7.090 be amended to clearly identify where these facilities can be located and what permits are required.

While the City cannot outright ban Small Cell Facilities, the City may limit how, where and in what manner the infrastructure may be permitted so long as any limits applied apply to all telecom companies equally. An update to the IZO and PMC will treat all telecommunications companies equally.

DISCUSSION

To address these Small Cell Facilities, it is recommended that Petaluma Municipal Code Section 14.44 be amended to define the Small Cell Facilities and further describe how they can be installed within the City limits. Further, the City’s IZO should be updated to include the new Small Cell Facility as its own type of facility with a separate definition, and to identify where they can be located on the zoning table in the section that addresses Telecommunications Facilities (Section 7.090.)

Municipal Code Section 14.44, as proposed, will also include the following additional requirements for Small Cell Facilities:

  • All new wires needed to service small cell facilities shall be installed within the width of the existing pole, not exceed the diameter and height of the existing pole;
  • All ground-mounted equipment not to be installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the pole;
  • Each pole must have its own, dedicated power source to be installed and metered separately;
  • Each small cell facility must be no less than 1,500 feet away from the nearest small cell facility;
  • Aside from the transmitter/antenna itself, no additional equipment shall be visible;
  • An encroachment permit must be obtained before any right-of-way work can commence; and
  • Small cell facilities must be at least 200 feet away from any residence.

S4WT Comment: This is a sample comment.


Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance (IZO) and by California Government Code Section 65853. Chapter 25 provides that the Planning Commission may recommend zoning text amendments for approval to the City Council based on Planning Commission findings that the proposed amendments are in conformance with the City’s General Plan and consistent with the public necessity, convenience, and general welfare.

Chapter 7.090 of the IZO presents a matrix of where telecommunication facilities are allowed by right or CUP in each zone. It is proposed that a new paragraph be added to Section 7.0901 (C) to provide a definition for the Small Cell Facilities and Table 7.090(B) be amended to add a column for the newly defined “Small Cell” telecommunications facility. See Attached Ordinance for the proposed changes.

These changes will

  • Minimize neighborhood impacts from Small Cell Facilities, while
  • Providing for appropriate placement of such facilities.
REQUIRED PLANNING COMMISSION FINDINGS AND DISCRETION

To recommend the proposed amendments to the City Council, the Planning Commission must find that they conform to the Petaluma General Plan, and are consistent with the public necessity, convenience and general welfare in accordance with Section 25.050(B) of the Implementing Zoning Ordinance. The Planning Commission has discretion to recommend modifications to the staff proposal. If it does so, the Commission should convey the reasons for the modifications to the City Council. A simple majority vote of the Commission member’s present, assuming a quorum of Commissioners is present, suffices to approve a resolution recommending action on the amendments to the City Council.

GENERAL PLAN CONSISTENCY

This change conforms with General Plan section 7-G-2 that states that the city should encourage the development of infrastructure and services to allow equal access to all who live, work and study in Petaluma to utilize new technologies to communicate with institutions from the local to the global level. The proposed changes to the Municipal Code and the Implement Zoning Ordinance complies with the general plan policy as Petaluma provides service coverage throughout the community through larger facilities that reach residential and commercial neighborhoods


S4WT Comment: Provide rationale.


PUBLIC NECESSITY, CONVENIENCE AND WELFARE

The proposed amendments are consistent with the public necessity, convenience and welfare in that they:

  • Identify how and where Small Cell Facilities can be located
  • Limit the visible impact such facilities will have on Petaluma neighborhoods
  • Assure proper distribution of the facilities throughout the community

S4WT Comment: Visible and other impacts. Burying real reason based on current fashion of the arguments.


ENVIRONMENTAL REVIEW

The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b) (3), 15183, and 15301 as follows:

Section 15061(b) (3), General Rule, of the CEQA Guidelines is applicable as there is no possibility that the activity may have a significant impact on the environment in that specified uses are limited to those expressly permitted under the proposed zoning text amendments and the permitted uses are subject to compliance with all applicable state laws.


S4WT Comment: Provide rationale.

CEQA Guidelines Section 15061(b) (3):

The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA


Section 15183 of the CEQA Guidelines provides an exemption for projects that are consistent with the General Plan. The subject zoning text amendments will direct Small Cell Facilities to appropriate business and industrial zones.

Section 15301 of the CEQA Guidelines is applicable in that the proposed zoning amendments will allow Small Cell Facilities with a City of Petaluma Conditional Use Permit and Encroachment Permit to:

  1. Add Small Cell Facilities to existing public utilities designed to support such uses and
  2. Modify existing public utilities with a new ancillary structure, without interfering with the principle use and adding utility to the community. There are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable.

For the above reasons, the proposed amendments are exempt from environmental review.

PUBLIC COMMENT

Public notice was published in an eighth page ad in the Argus Courier on May 31, 2018. While no specific public comment has been received in response to this public notice as of preparation of this report, comments related to cellular facilities have been received at several City council meetings. Generally, those comments have related to the perceived harmful health effects caused by cellular transmission. The proposed ordinance is intended to strike a balance regarding limiting any potential health risk, while not addressing them directly, as that is the purview of the federal government.

ATTACHMENTS

A. Resolution recommending City Council approval of an Ordinance to amend the Petaluma Municipal Code to add the definition of Small Cell Facilities to Section 14.44 of the and Zoning Text Amendment to the Implementing Zoning Ordinance adding Small Cell Facilities to Table 7.090(B) and the definition of Small Cell Facilities to Section 7.090 (C).

  • Exhibit 1 Draft Ordinance

B. REDLINE Implementing Zoning Ordinance – Chapter 7 Section 7.090

C. REDLINE Municipal Code Chapter 14.44.


1,430 Word Recommendation


 

2. Attachment A

RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF CHAPTER 14.44 OF THE PETALUMA MUNICIPAL CODE TO ADD A DEFINITION FOR SMALL CELL FACILITIES AND IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 7 SECTION 7.090 – TELECOMMUNICATIONS FACILITIES TO ADD A DEFINITION AND TABLE COLUMN FOR SMALL CELL FACILITIES

WHEREAS, California Public Utilities Code Section 7901.1 gives the City the right to control, in a reasonable manner, the time, place, and manner, when applied equally, where telecommunications facilities can be located; and

WHEREAS, Petaluma Municipal Code Chapter 14.44 and the Implementing Zoning Ordinance Chapter 7.090 both govern telecommunications facilities within Petaluma; and

WHEREAS, as telecommunications facilities are increasingly used, there is a request for the addition of Small Cell facilities within Petaluma from existing telecommunications companies to offload data from existing telecommunications infrastructure; and

WHEREAS, the City, at this time, and within its absolute right as owner of its personal property, declines to add small cell telecommunications facilities to existing City infrastructure; and

WHEREAS, by precedent set in a Public Utilities Commission case (GTE Mobilnet of Cal. Ltd. P’ship v. City & Cty. of San Francisco, 440 F. Supp. 2d 1097 (N.D. Cal. 2006)), Small Cell Facilities may be located on existing privately-owned infrastructure in the right-of-way; and

WHEREAS, under California Public Utilities Code Section 7901, the City may not ban such small cell facilities; and

WHEREAS, in order to protect the general welfare of citizens of Petaluma, updates will be made to the Petaluma Municipal Code and Implementing Zoning Ordinance to limit the siting of small cell facilities within the scope of existing laws; and WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850, which matters include the use of buildings and structures, shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan and consistent with the public necessity, convenience and general welfare in accordance with Section 25.050(B) of the IZO; and

WHEREAS, the City Council found that due to the negligible environmental impacts anticipated from enactment of the edits to Chapter 14.44 of the Petaluma Municipal Code Ordinance 2634 N.C.S. was exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301;

WHEREAS, the text amendments contained in Exhibit A to this resolution to modify the City’s Municipal Code Chapter 14, Section 14.44 and Implementing Zoning Ordinance, Chapter 7, Section 7.090 – Telecommunications Facilities implements, consistent with applicable state laws, the precise requirements, including location, of where Small Cell facilities can be located; and

WHEREAS, on May 30, 2018, public notice of the June 12, 2018 Planning Commission meeting to consider the amendments was published in the Argus-Courier and sent to all members of the public on the interested parties list for this item; and

WHEREAS, on June 12, 2018, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments.

NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows:

1. The above recitals are hereby declared to be true and corrected and are incorporated into this resolution as findings of the Petaluma Planning Commission.

2. The text amendments contained in Exhibit 1 to this resolution, which exhibit is hereby made a part of this resolution for all purposes, are exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301of the CEQA Guidelines in that Small Cell facilities will be limited in a consistent manner and permitted in locations consistent with the Telecommunications chapter and state law without creating any additional impacts.

3. In accordance with Sections 25.010 and 25.050(B) of the City’s Implementing Zoning Ordinance, Ordinance no. 2300N.C.S., (“IZO”), the proposed amendments to the IZO in Chapter 7, Section 7.090 –Telecommunications Facilities contained in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that these changes do not change the general character and impacts of current zoning regulations. In accordance with Section 25.050(B) of IZO, the proposed amendments are consistent with the public necessity, convenience and welfare in that they:

   a. Ensure Petaluma’s land use and zoning regulations provide safe and appropriate locations where installation of Small Cell Facilities are appropriate;

   b. Comply with California Public Utilities Code sections 7901 and 7901.1 which regulate telecommunication facilities; and

   c. Provide for buffers to assure that Small Cell facilities are a safe distance from residential land uses.

4. The proposed amendments, attached hereto as Exhibit A, are hereby recommended to the Petaluma City Council for consideration and findings in accordance with Sections 25.010 and 25.050 of the City’s Implementing Zoning Ordinance.


800 Word Recommendation


 

3. Attachment A — Exhibit 1

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:

Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds:

1. In accordance with Sections 25.010 and 25.050(B) of the City’s Implementing Zoning Ordinance, Ordinance no. 2300N.C.S., (“IZO”), the proposed amendments to the IZO in Chapter 7, Section 7.090 –Telecommunications Facilities contained in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that these changes do not change the general character and impacts of current zoning regulations. In accordance with Section 25.050(B) of IZO, the proposed amendments are consistent with the public necessity, convenience and welfare in that they:

   a. Ensure Petaluma’s land use and zoning regulations provide safe and appropriate locations where installation of Small Cell Facilities are appropriate;

   b. Comply with California Public Utilities Code sections 7901 and 7901.1 which regulate telecommunication facilities; and

   c. Provide for buffers to assure that Small Cell facilities are a safe distance from residential land uses.

2. The text amendments contained in Exhibit 1 to this ordinance, which exhibit is hereby made a part of this resolution for all purposes, are exempt from CEQA pursuant to Sections 15061(b)(3), 15183 and 15301of the CEQA Guidelines in that Small Cell facilities will be limited in a consistent manner and permitted in locations consistent with the Telecommunications chapter and state law without creating any additional impacts.

Section 2. Section 14.44 – Telecommunications Facility and Antenna Requirement of the Petaluma Municipal Code is hereby amended to read as follows:

14.44.020 Definitions

S. "Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.

1. "Telecommunications facility – exempt" includes but is not limited to, the following unless located within a recognized Historic District:
   
a.
A single ground or building mounted receive-only radio or television antenna including any mast, for the sole use of the tenant occupying the residential parcel on which the radio or television antenna is located; with an antenna height not exceeding twenty-five feet;

   b. A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty-five feet;

   c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed thirty-five feet;

   d. A ground or building mounted receive-only radio or television satellite dish antenna, which does not exceed thirtysix inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel.

   e. All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service which existed at the time of the adoption of this chapter (September, 1996).

   f. Mobile services providing public information coverage of news events of a temporary nature.

   g. Hand-held devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the planning director.

   h. City government owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems, with heights not exceeding thirty-five feet.

2. "Telecommunications facilities -major" are all telecommunication facilities not clearly set forth and included in the definition of exempt, minor or mini facilities.

3. "Telecommunication facility – mini" is an attached wireless communication facility consisting, but not limited to, the following unless located on a structure recognized as a historic landmark:

   a. A single ground or building mounted receive-only radio or television antenna including any mast, for the sole use of the tenant occupying the parcel on which the radio or television antenna is located; with an antenna height not exceeding fifty feet;

   b. A ground or building mounted citizens band radio antenna including any mast, if the height (tower, support structure, post and antenna) does not exceed seventy feet;

   c. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed seventy feet.

   d. A ground or building mounted receive-only radio or television satellite dish antenna, with diameter exceeding thirtysix inches but less than eight feet in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel.

   e. Exempt telecommunication facility located within a recognized historic district.

   f. City owned and operated antennae used for emergency response services, public utilities, operations and maintenance if the height does not exceed seventy feet.

   g. Telecommunication facilities less than fifty feet in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the city of Petaluma and utilized for public and/or quasi-public uses where it is found by the planning director to be compatible with the existing city uses of the property.

   h. Telecommunication facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the planning director to be aesthetically compatible with the existing and surrounding structures.

   i. Telecommunication facilities located on a structure recognized as a historic landmark.

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

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

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

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

8. "Telecommunications facility – noncommercial" means a telecommunication facility that is operated solely for a non-business purpose.

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

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

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

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

   C. All ground-mounted equipment not to be installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the utility pole.

   D. Each pole is to have its own, dedicated power source to be installed and metered separately.

   E. Each Small Cell is to be no less than 1,500 feet away from the nearest Small Cell facility.

   F. Aside from the transmitter/antenna itself, no additional equipment shall be visible.

   G. No Small Cell shall be within 200 feet of any residence.

   H. An encroachment permit must be obtained for any work in the right-of-way.

AND

14.44.095 Small Cell facilities—Basic Requirements.

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

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

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

   C. All ground-mounted equipment not to be installed inside the pole must be undergrounded, flush to the ground, within three (3) feet of the utility pole.

   D. Each pole is to have its own, dedicated power source to be installed and metered separately.

   E. Each Small Cell is to be no less than 1,500 feet away from the nearest Small Cell facility.

   F. Aside from the transmitter/antenna itself, no additional equipment shall be visible.

   G. No Small Cell shall be within 200 feet of any residence.

   H. An encroachment permit must be obtained for any work in the right-of-way.

Section 3. Section 7.090 of the Implementing Zoning Ordinance is amended to read as follows:

7.090 – Telecommunications Facilities. The following requirements apply to Telecommunications Facilities as defined by the City’s Telecommunications Ordinance (Municipal Code 14.44).

   A. Definitions. The types of facilities regulated by this section are defined in the City’s Telecommunications Ordinance (Municipal Code 14.44).

   B. Telecommunications facilities are allowed only as described in Table 7.090(B).

Table 7.090B

          Type of Telecommunications Facility

Zoning
District
Exempt Mini Minor Major Small
OSP A A CUP CUP CUP
AG A A
RR A A
R1 A A
R2 A A
R3 A A
R4 A A
R5 A A
C1 A A CUP CUP CUP
C2 A A CUP CUP CUP
MU1A A A CUP CUP CUP
MU1B A A CUP CUP CUP
MU1C A A
MU2 A A CUP CUP CUP
BP A A CUP CUP CUP
I A A CUP CUP CUP
CF A A CUP CUP CUP

   C. Where a telecommunications facility is permitted by Table 7.090B. the approval(s) required prior to the commencement of the operation of a Telecommunications Facility areas prescribed in subsections 1-4 below.

      1. Exempt Facility. An Exempt facility is an Accessory Use and no special permit is required,except when an Exempt facility is located in a Historic District an Exempt facility located in a Historic District or on the site of a designated landmark is considered a Mini Facility subject to administrative Historic and Cultural Preservation approval as prescribed in Section 15.050.

      2. Mini Facility. A Mini Facility is an Accessory Use subject to administrative site plan and architectural review approval as prescribed by Section 24.010. When a Mini facility is located in a Historic District or on the site of a designated landmark, the following special permits are required:

         a. A Minor conditional use permit as prescribed in Section 24.030; and

         b. Administrative Historic and Cultural Review as prescribed in 15.030.

      3. Minor Facility. A Minor facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. When a Minor facility is located in a Historic District or on the site of a designated landmark, approval of a major conditional use permit as prescribed in Section 24.030 and Historic and Cultural Preservation Committee approval as prescribed In Section 15.030 are required.

      4. Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.101.

      5. Small Facility. A Small Cell facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. An encroachment permit for right-of-way work is also required. The right-of-way shall carry the designation of the zone adjacent to the right-of-way, for purposes of Table 7.090(B) designation.

   D. A Telecommunication facility shall comply with the development standards (Tables 4.6 – 4.13) for the zoning district in which the facility is located, the City’s Telecommunications Ordinance, and all other applicable City requirements.

Section 4. Except as amended herein, the City of Petaluma Municipal Code and the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remain unchanged and in full force and effect.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.

**Section 6. ** Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council.

Section 7. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law.

4. and 5. Attachments B and C

(Redlines) are integrated into the text above, via red-colored text, above.

Key Source Documents, Referenced Above


 

A. Petaluma General Plan

https://cityofpetaluma.net/cdd/pdf/general-plan-may08/general-plan-may08.pdf

Note: Among 222 pages, there are three mentions of "Wireless"; and the one mention in Policies and Programs, Wireless is on equal footing with Fiber Optics.

Goal 7-G-2: Technology

7-P-8: A. — Develop a telecommunications infrastructure that is not dependent on any single medium, but incorporates a variety of media such as fiber optics and wireless.

Encourage the development of infrastructure and services to allow equal access to all who live work, and study in Petaluma to utilize new technologies to communicate with individuals and institutions from the local to global level.

Policies and Programs:

7-P-7: Plan for the highest and best level of technology available given the purpose of the service, the ability to provide that service, and fiscal reality.

A. Reassess the existing compensation structure for use of City right-of-way for communication systems.

B. Explore the feasibility of the City becoming a participant or leader in the provision of Wi-Fi facilities in the community.

C. Utilize means of collecting data, such as a survey to ascertain Internet usage and access.

7-P-8: Anticipate, plan for, and react to changes in technology.

A. Develop a telecommunications infrastructure that is not dependent on any single medium, but incorporates a variety of media such as fiber optics and wireless.

B. Expand as necessary to insure that adequate spectrum capacity is maintained for emergency management and disaster response services.

C. Encourage the creation of public and private teleconferencing facilities.

D. Encourage new industrial and business development to incorporate the highest level of electronic communication technology available.

E. Encourage new residential development to provide for the maximum reasonable band width connectivity to each unit.

F. Consider amending City standards to ensure the highest level feasible of media is provided to new and existing development.

G. Work with the technology industry and local media provider(s) to expand the service levels and growth potential in the community in an attempt to obtain 100% geographical access


 

B. Government Code §65853 et seq.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65853

Government Code – GOV TITLE 7. PLANNING AND LAND USE
[65000 – 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )

   DIVISION 1. PLANNING AND ZONING
   [65000 – 66210] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )

      CHAPTER 4. Zoning Regulations
      [65800 – 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. )

         ARTICLE 2. Adoption of Regulations
         [65850 – 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )

§ 65853.

A zoning ordinance or an amendment to a zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in Section 65850 not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive. Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted.

When the legislative body has requested the planning commission to study and report upon a zoning ordinance or amendment which is within the scope of this section and the planning commission fails to act upon such request within a reasonable time, the legislative body may, by written notice, require the planning commission to render its report within 40 days. Upon receipt of the written notice the planning commission, if it has not done so,** shall conduct the public hearing as required by Section 65854**. Failure to so report to the legislative body within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance.
(Amended by Stats. 1972, Ch. 384.)

§ 65854.

The planning commission shall hold a public hearing on the proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Section 65090 and, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Section 65091.
(Amended by Stats. 1984, Ch. 1009, Sec. 22.)

§ 65855.

After the hearing, the planning commission shall render its decision in the form of a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body.
(Amended by Stats. 1972, Ch. 639.)

§ 65856.

(a) Upon receipt of the recommendation of the planning commission, the legislative body shall hold a public hearing. However, if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the planning commission has recommended against the adoption of such amendment, the legislative body shall not be required to take any further action on the amendment unless otherwise provided by ordinance or unless an interested party requests a hearing by filing a written request with the clerk of the legislative body within five days after the planning commission files its recommendations with the legislative body.

(b) Notice of the hearing shall be given pursuant to Section 65090.
(Amended by Stats. 1984, Ch. 1009, Sec. 23.)

§ 65857.

The legislative body may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the legislative body, shall be deemed to be approval of the proposed modification.
(Amended by Stats. 1973, Ch. 600.)

§ 65090.

(a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency.

(b) The notice shall include the information specified in Section 65094.

(c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.

(d) Whenever a local agency considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.
(Amended by Stats. 2000, Ch. 785, Sec. 1. Effective January 1, 2001.)


 

C. Petaluma Implementing Zoning Ordinance, Chapter 25

https://www.cityofpetaluma.net/cdd/pdf/izo/implementing-zoning-ordinance.pdf

25.050 – Public Hearings of the Planning Commission For proposed amendments subject to Planning Commission review in accordance with section 25.010, the Planning Commission shall hold a public hearing in accordance with this section.

   A. Notice of public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Petaluma, at least ten (10) days prior to said public hearing, or by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Sonoma County as owning property within five hundred (500) feet of the boundaries of the property that is the subject of the hearing.

   B. Action by the Planning Commission at Conclusion of Hearing. If, at the conclusion of the hearing, the Planning Commission shall find the amendment to be in conformance with the Petaluma General Plan, and consistent with the public necessity, convenience, and general welfare, it may recommend amendment of this Ordinance. The recommendation shall be by resolution of the Planning Commission, carried by the affirmative votes of a majority of the total members present, including any member disqualified to vote for reason of conflict of interest. Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the proceedings unless such decision is appealed to the City Council as provided below.

   C. Modification by Planning Commission. After a public hearing, the City Planning Commission may modify any proposed amendment by changing the wording of a proposed text amendment, reducing or enlarging the area, or changing the proposed district classification initially considered if it shall deem such modification necessary or desirable in the light of the required findings set forth in Section 24.050(B). If such a modification is recommended, the reasons therefore, along with a statement as to the initial proposal, shall be transmitted to the City Council with the recommendation.

25.060 – Submission of Recommended Amendment to City Council The recommendation of the Planning Commission shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearings, and all data submitted with the application.

25.065 – Public Hearings of the City Council The City Council shall hold public hearings in accordance with this section to consider proposed amendments subject to Planning Commission review in accordance with section 25.010. The City Council may, in its sole discretion, hold public hearings in accordance with this section on proposed amendments for which Planning Commission review is not required in accordance with section 25.010.

   A. Notice of public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Petaluma, at least ten (10) days prior to said public hearing, or by mailing postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the last adopted tax roll of Sonoma County as owning property within five hundred (500) feet of the boundaries of the property that is the subject of the hearing.

   B. Action by the City Council at Conclusion of Hearing. If, at the conclusion of the hearing, the City Council finds the amendment to be in conformance with the findings specified in section 25.070, the City Council may adopt the amendment.

25.070 – Findings by City Council If the City Council proposes to alter a proposed zoning amendment recommended by the Planning Commission, or to alter or adopt an amendment which has been denied by the Planning Commission review is not required in accordance with section 25.010, the City Council, in its sole discretion, may either: refer the proposed altered amendment back to the Planning commission for report and recommendation before adoption, or adopt the proposed altered amendment. Failure of the Planning Commission to report to the City Council within thirty (30) days of the City Council’s referral shall be deemed approval by the Planning Commission of the proposed amendment.

25.080 – Changes by City Council. If the City Council proposes to alter a proposed zoning amendment recommended by the Planning Commission, or to alter or adopt an amendment which has been denied by the Planning Commission, or to alter a proposed zoning amendment for which Planning Commission review is not required in accordance with section 25.010, the City Council, in its sole discretion, may either: refer the proposed altered amendment back to the Planning Commission for report and recommendation before adoption, or adopt the proposed altered amendment. Failure of the Planning Commission to report to the City Council within thirty (30) days of the City Council’s referral shall be deemed approval by the Planning Commission of the proposed amendment.

25.090 – Effect of Denial of Application. In case an application for an amendment to the Zoning Ordinance is denied, said application shall not be eligible for reconsideration for one (1) year subsequent to such denial, except that a new application affecting or including all or part of the same property which is determined to be substantially different from the application denied, or an application denied without prejudice, may be eligible for consideration within one (1) year of the denial of the original application.


 

D. California Environmental Quality Act (CEQA)

CEQA Article 5. Preliminary Review of Projects and Conduct of Initial Study,
§15061. Review for Exemption

(a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA.

(b) A project is exempt from CEQA if:

   (1) The project is exempt by statute (see, e.g. Article 18, commencing with Section 15260).

   (2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.

   (3) The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

   (4) The project will be rejected or disapproved by a public agency. (See Section 15270(b)).

(c) Each public agency should include in its implementing procedures a listing of the projects often handled by the agency that the agency has determined to be exempt. This listing should be used in preliminary review.

(d) After determining that a project is exempt, the agency may prepare a Notice of Exemption as provided in Section 15062. Although the notice may be kept with the project application at this time, the notice shall not be filed with the Office of Planning and Research or the county clerk until the project has been approved.

Note: Authority cited: Section 21083, Public Resources Code; Reference: Sections 21080(b), 21080.9, 21080.10, 21084, 21108(b), and 21152(b), Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68.

Discussion: This section outlines the review of a project to see if the project is exempt from CEQA. This review corresponds to the first steps of the process as shown on the flow chart in Appendix A. Reviewing a project for exempt status at this early time can avoid the expense of the CEQA process.

Subsection (b)(3) provides a short way for agencies to deal with discretionary activities which could arguably be subject to the CEQA process but which common sense provides should not be subject to the Act.

This section is based on the idea that CEQA applies jurisdictionally to activities which have the potential for causing environmental effects. Where an activity has no possibility of causing a significant effect, the activity will not be subject to CEQA. This approach has been noted with approval in a number of appellate court decisions including the State Supreme Court opinion in No Oil, Inc. v. City of Los Angeles.

Subsection (d) notes that timing and processing of the Notice of Exemption is to be compatible with the requirement in Section 15062 that the notice not be filed until after the agency has made a decision on the project. Section 15061(d) allows the Notice of Exemption to be completed during the preliminary review and to be kept with the project file during the processing of the project application. By including the notice in the file, the agency would show any people reviewing the file that CEQA had been considered, that the agency regarded the project as exempt, and that the agency would be ready to file the notice as soon as the decision was made on the project.


CEQA Article 12. Special Situations
§15183. Projects Consistent with a Community Plan or Zoning

(a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.

(b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:

   (1) Are peculiar to the project or the parcel on which the project would be located,

   (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent,

   (3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan,community plan or zoning action, or

   (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

(c ) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact.

(d) This section shall apply only to projects which meet the following conditions:

   (1) The project is consistent with:

      (A) A community plan adopted as part of a general plan,

      (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or

      (C) A general plan of a local agency, and

   (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.

(e) This section shall limit the analysis of only those significant environmental effects for which:

   (1) Each public agency with authority to mitigate any of the significant effects on the environment identified in the planning or zoning action undertakes or requires others to undertake mitigation measures specified in the EIR which the lead agency found to be feasible, and

   (2) The lead agency makes a finding at a public hearing as to whether the feasible mitigation measures will be undertaken.

(f) An effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire city or county, but can apply only within the zoning district in which the project is located, or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan, but can be found within another pertinent planning document such as a zoning ordinance. Where a city or county, in previously adopting uniformly applied development policies or standards for imposition on future projects, failed to make a finding as to whether such policies or standards would substantially mitigate the effects of future projects, the decisionmaking body of the city or county, prior to approving such a future project pursuant to this section, may hold a public hearing for the purpose of considering whether, as applied to the project, such standards or policies would substantially mitigate the effects of the project. Such a public hearing need only be held if the city or county decides to apply the standards or policies as permitted in this section.

(g) Examples of uniformly applied development policies or standards include, but are not limited to:

   (1) Parking ordinances.

   (2) Public access requirements.

   (3) Grading ordinances.

   (4) Hillside development ordinances.

   (5) Flood plain ordinances.

   (6) Habitat protection or conservation ordinances.

   (7) View protection ordinances.

(h) An environmental effect shall not be considered peculiar to the project or parcel solely because no uniformly applied development policy or standard is applicable to it.

(i) Where the prior EIR relied upon by the lead agency was prepared for a general plan or community plan that meets the requirements of this section, any rezoning action consistent with the general plan or community plan shall be treated as a project subject to this section.

   (1) "Community plan" is defined as a part of the general plan of a city or county which applies to a defined geographic portion of the total area included in the general plan, includes or references each of the mandatory elements specified in Section 65302 of the Government Code, and contains specific development policies and implementation measures which will apply those policies to each involved parcel.

   (2) For purposes of this section, "consistent" means that the density of the proposed project is the same or less than the standard expressed for the involved parcel in the general plan, community plan or zoning action for which an EIR has been certified, and that the project complies with the density-related standards contained in that plan or zoning. Where the zoning ordinance refers to the general plan or community plan for its density standard, the project shall be consistent with the applicable plan.

(j) This section does not affect any requirement to analyze potentially significant off-site or cumulative impacts if those impacts were not adequately discussed in the prior EIR. If a significant off-site or cumulative impact was adequately discussed in the prior EIR, then this section may be used as a basis for excluding further analysis of that off-site or cumulative impact.

Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21083.3, Public Resources Code.

Discussion: This section implements Public Resources Code Section 21083.3(a) as amended by the Legislature in 1984. Formerly Section 21083.3(a) authorized a limited EIR for residential projects which were consistent with a community plan or zoning. The section was amended to include projects consistent with a general plan for which an EIR has been certified.

Public Resources Code section 21083.3 was further amended in 1992 (Chapter 1102) to broaden its application to all qualifying development projects, not simply residential projects. In addition, the conditions which would trigger the application of CEQA to such projects have been expanded to include situations where "substantial new information" shows an effect addressed in the previous EIR will be "more significant" than previously described. Further, uniformly applied standards or policies are negated by substantial new information indicating that they will not offer substantial mitigation.

Subsection (f) clarifies that uniformly applied development standards or policies do not have to apply jurisdiction-wide in order to substantially mitigate the impacts of a project. They do have to apply within a zoning district or a community plan. Some ordinances, such as hillside development and floodplain protection zones, are applied only in areas subject to environmental constraints such as steep slopes and flooding. Yet, they establish standards that are uniformly applied within those zoning classifications to mitigate environmental effects. This subsection further provides that if at the time these standards or policies were adopted no finding had been made regarding their use for future projects, such findings may be made after a public hearing for that purpose.


CEQA Article 19, § 15301. Existing Facilities

http://resources.ca.gov/ceqa/guidelines/art19.html

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use.

Examples include but are not limited to:

(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;

(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services;

(c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety).

(d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood;

(e) Additions to existing structures provided that the addition will not result in an increase of more than:

   (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or

   (2) 10,000 square feet if:

      (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and

      (B) The area in which the project is located is not environmentally sensitive.

(f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;

(g) New copy on existing on and off-premise signs;

(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides , as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code);

(i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;

(j) Fish stocking by the California Department of Fish and Game;

(k) Division of existing multiple family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt;

(l) Demolition and removal of individual small structures listed in this subdivision;

   (1) One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption.

   (2) A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished.

   (3) A store, motel, office, restaurant, or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use.

   (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.

(m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.

(n) Conversion of a single family residence to office use.

(o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.

(p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.

Note: Authority cited: Section 21083, Public Resources Code; References: Sections 21084, Public Resources Code; Bloom v. McGurk (1994) 26 Cal.App.4th 1307.

Discussion: This section describes the class of projects wherein the proposed activity will involve negligible or no expansion of the use existing at the time the exemption is granted. Application of this exemption, as all categorical exemptions, is limited by the factors described in section 15300.2. Accordingly, a project with significant cumulative impacts or which otherwise has a reasonable possibility of resulting in a significant effect does not quality for a Class 1 exemption.


We have received confirmation from the City of Petaluma that Verizon has approached the City of Petaluma to install the first fifteen (15) 4G/5G so-called “Small Cell” cellphone towers in Petaluma’s residential zones. We are still awaiting an accurate map and GPS coordinates of the target microwave transmitter locations and will post the information here, when we receive the information/approval to publish it.

A first look at the currently available information from Verizon (no formal application, yet) shows that the 4G/5G so-called “Small Cell” cellphone towers will be installed on Utility poles (jointly owned/maintained by PG&E and AT&T) at the following locations (our best estimate). See the locations, photos and who to call information here: http://scientists4wiredtech.com/petaluma.

CPUC Rulemaking 14-05-001: Decision Regarding The Applicability Of The Commission’S Right -Of-Way Rules To Commercial Mobile Radio Service Carriers

And then there is this: PG&E Trying to be come a Wireless Carrier itself. 17-04-010 (PHC) – Application of Pacific Gas and Electric Company (U39E) for a certificate of public convenience and necessity to provide:

(i) full facilities-based and resold competitive local exchange service throughout the service territories of AT&T California, Frontier California Inc., Consolidated Communications of California Company, and Citizens Telecommunications Company of California; and

(ii) full facilities-based and resold non-dominant interexchange services on a statewide basis, Commission Courtroom, San Francisco

2/4/18: Substantial Evidence of No Significant Gap in Verizon Coverage In Petaluma, CA: 6 minute edit

Entered into the public record at the 2/5/18 Petaluma City Council Meeting

2/4/18: Substantial Evidence of No Significant Gap in Verizon Coverage In Petaluma, CA: 12 minutes

Calls can be made at all 15 locations targeted by Verizon

Codes Streets Zone
SF_PETAL004 Crinella/Caulfield Residential
SF_PETAL005 Payran/Caulfield Commercial
SF_PETAL006 E. Madison/Maria Residential
SF_PETAL007 Entrance to Outlet Malls Commercial
SF_PETAL007B Entrance to Outlet Malls Commercial
SF_PETAL008 Cinnabar Ave/Petaluma Blvd No. Residential
SF_PETAL011 7th St./G St. Residential
SF_PETAL014 Campus Circle/Sonoma Mt. Pkwy Residential
SF_PETAL018 Candelwood Dr/N McDowell Residential
SF_PETAL020B Madison/Wilmington Residential
SF_PETAL021 Gilrix/Ely Residential
SF_PETAL023B Lindberg Ln/So. McDowell Residential
SF_PETAL026 Baywood/Lakeville Commercial
SF_PETAL027 Technology Lane/Telecom Lane Residential
SF_PETAL028 McNear Circle/Petaluma Blvd. So. Residential

This is What No One Wants: Verizon Microwave Transmitters 10-50 Feet from Homes

. . . like these in Santa Rosa, which could be coming to Petaluma, if we don’t persuade the City Council to not allow these in Petaluma’s residential zones

Photo credit

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If You Have a Problem With This Plan, Call Rudy Reyes from Verizon

Verizon, Rudy Reyes, Esq., Vice President, 415-228-1465:, rudy.reyes@verizon.com, VERIZON CALIFORNIA, INC., 201 SPEAR STREET, 7TH FLOOR, SAN FRANCISCO CA 94105

Rudy Reyes 6/28/18 Testimony at CA Assembly Local Government Committee Hearing:

View the video of the 6/28/17 Local Government Hearing
  • Go to http://www.calchannel.com/video-on-demand
  • Click on VIDEO for Assembly Local Government Committee — Jun 28, 2017
  • View from 0:19:28 to 3:05:10
  • Rudy Reyes, Verizon @ 2:36:20

    Verizon, Rudy Reyes, Esq., Vice President, 415-228-1465:, rudy.reyes@verizon.com, VERIZON CALIFORNIA, INC., 201 SPEAR STREET, 7TH FLOOR, SAN FRANCISCO CA 94105

    A cell tower might give you five to ten miles radius of coverage, but the small cells for 4G/LTE densification goes a few blocks . . . for 5G, the spectrum is going to be millimeter wave spectrum. That spectrum goes much shorter distances, maybe 100 feet and requires a line of sight . . . we are going to need about five to ten times the number of 5G nodes, as we will 4G/LTE nodes . . . so it is really about p times q, price times quantity. So this cost formula needs to pencil out in order to bring 5G to California . . . just for downtown LA, Verizon alone is going to need 200 to 300 small cells just to densify for 4G/LTE. Then you have to multiply that for five to ten times for when we get to 5G.

    Comment:
    This means 1,000 to 3,000 5G small cells in downtown LA, which according to Dr. Google is 4.75 square miles. This would spread 300 4G Small cells + 3,000 5G Small Cells over 4.75 square miles for Verizon alone. If each major Wireless Carrier does the same (AT&T, Verizon, Sprint and T-Mobile), that’s 3300 x 4 = 13,200 small cells in roughly an area 11,500 feet by 11,500 feet or one small cell for every 10,000 square feet – understanding that an average Safeway is 50,000 square feet