Chapter 14.44 — TELECOMMUNICATIONS FACILITY AND ANTENNA CRITERIA

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 speciJcally

accomplish the following:

A. Protect the visual character of the city from the potential adverse eMects 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 eMects 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;

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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G. Create and preserve telecommunication facilities that will serve as an important and eMective 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.

(Ord. 2029 NCS, 1996.)

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, reKecting 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 aLxed 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 Jfteen feet in

height and up to four inches in diameter.

5. "Antenna - parabolic" (also known as satellite dish antenna) means any device incorporating a reKective

surface that is solid, open mesh, or bar conJgured 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

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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a speciJc directional pattern This deJnition 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 speciJc directional pattern located on a portable or moveable base

designed to be placed either for temporary or long-term use at a given site.

7. "Antenna - vertical" means a vertical type antenna without horizontal cross-sections greater than one-

half inch in diameter.

B. "Co-location" — See "telecommunication facility - co-located."

C. "Commercial 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 aMect 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, Jre

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.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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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 beneJt 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.

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-Jve feet;

b. A ground- or building-mounted citizens band radio antenna including any mast, if the height (post

and antenna) does not exceed thirty-Jve 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-Jve

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).

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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, Kood alert, traLc control devices

and signals, storm water, pump stations and/or irrigation systems, with heights not exceeding thirty-Jve

feet.

2. "Telecommunications facilities - major" are all telecommunications facilities not clearly set forth and

included in the deJnition 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:

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 Jfty 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 deJnition of "mini" with the exception of the height limit.

b. Telecommunications facilities less than thirty-Jve feet in height and that adhere to Section

14.44.090.

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c. A single ground- or building-mounted whip (omni-) antenna without a reKector, less than four

inches in diameter, whose total height does not exceed thirty-Jve 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 eMectively unnoticeable.

e. More than three antennas, satellite dishes (greater than three feet in diameter), panel antennas, or

combination thereof, are proposed to be placed on the commercial or industrial parcel, including

existing facilities.

f. Building-mounted antennas which, in the opinion of the planning director, are unobtrusive or

undetectable by way of design and/or placement on the building, regardless of number, when located on

commercial- or industrial-zoned property.

g. Telecommunications facilities less than Jfty 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 - 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.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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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, 2018; Ord. 2029 NCS, 1996.)

The following requirements shall be met for all telecommunications facilities in any zoning district:

A. Any applicable general plan goals, objectives, programs and policies, speciJc plan, PUD standards, design

guidelines, and the permit requirements of any agencies which have jurisdiction over the project;

B. All the requirements established by the other chapters of the Petaluma Municipal Code and Petaluma zoning

ordinance that are not in conKict 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.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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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, 1996.)

A. Registration Required. All telecommunications carriers and providers that oMer 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 aLliates.

2. The name, address and telephone number of the oLcer, agent or employee responsible for the accuracy

of the registration statement.

3. A narrative and map description of registrant’s existing or proposed telecommunications facilities within

the city of Petaluma.

4. A description of the telecommunications services that the registrant intends to oMer or provide, or is

currently oMering or providing, to persons, Jrms, businesses or institutions within the city.

5. Information suLcient to determine that the applicant has applied for and received any certiJcate of

authority required by the California Public Utility Commission to provide telecommunications services or

facilities within the city.

6. Information suLcient 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 oMer 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;

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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, 1996.)

No approval granted hereunder shall be eMective 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, 1996.)

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,

1996.)

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, 1996.)

Exempt facilities deJned 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 beneJt 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;

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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. SuLcient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for

trespass and injury.

(Ord. 2029 NCS, 1996.)

Mini facilities deJned 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.

D. SuLcient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for

trespass and injury.

(Ord. 2029 NCS, 1996.)

Minor facilities as deJned 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 eMective radiated power radiated by all the antenna present on the parcel is less than one

thousand Jve hundred watts.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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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 speciJed 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 reKective 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 speciJcations 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

deJned within this chapter.

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 Jve times

its actual diameter from adjoining property lines has screening treatments located along the antenna’s non-

reception window axes and low-level landscape treatments along its reception window axes.

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 eMectively unnoticeable.

Q. SuLcient 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-Jve feet from any residential dwelling unit, unless recognized as an

exempt facility as set forth in Section 14.44.020(S)(1).

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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 eMectively screened from view from oM-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, 1996.)

Small cell facilities as deJned 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, Kush to the ground,

within three feet of the utility pole.

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

E. Aside from the transmitter/antenna itself, no additional equipment may be visible.

F. Each small cell must be at least Jve 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, 2018.)

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

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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, 1996.)

requirements.

The following are the minimum criteria applicable to all telecommunications facilities, except exempt facilities as

deJned 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 speciJc 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 Jnding that in the speciJc 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 conJdential and shall not be disclosed to any third party.

(Ord. 2029 NCS, 1996.)

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 modiJcation 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

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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 speciJcally authorize the city and/or its agents to enter onto the property and undertake said

work so long as:

1. The planning director has Jrst 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-Jve 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 speciJed and indicating the city’s intent to commence the required work within ten working

days.

2. The applicant has not Jled 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 Jled, the city shall be authorized to enter

the property and perform the necessary work if the appeal is dismissed or Jnal 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 speciJcally 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.

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, Jnes, 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

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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, oLcers, and employees from any claim, action or proceeding against the city,

its boards, commissions, agents, oLcers, 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, 1996.)

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 deJned 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 Jnding 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 aMordable 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 Jrst. 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 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, 1996.)

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Title 14 Transportation and Utilities | Petaluma Municipal Code Page 58 of 76

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 deJned 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 camouKaging. Initial demonstration of compliance with this

requirement shall be provided via submission of a report to the building oLcial 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

Jve (self-supporting and guyed towers) ten (monopoles) years of an inspection report prepared by a California-

licensed 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 oLcial may require repair or,

if a serious safety problem exists, removal of the tower. (Ord. 2029 NCS, 1996.)

All telecommunications facilities, except exempt facilities as deJned 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 nonKammable material, unless

speciJcally conditioned by the city to be otherwise.

B. Telecommunication towers taller than thirty-Jve 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.

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-reKective 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 (Jfteen feet) in height and shall be

treated to look like a building or facility typically found in the area.

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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

proJle.

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 "Kat" 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 speciJc 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 Jndings of

particular sensitivity are made (e.g., proximity to historic or aesthetically signiJcant structures, views and/or

community features).

J. Telecommunication facilities shall insure that suLcient anti-climbing measures have been incorporated into

the facility, as needed, to reduce potential for trespass and injury.

(Ord. 2029 NCS, 1996.)

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-Kammable 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 Jre and windblown embers;

3. The telecommunication tower when fully loaded with antennas, transmitters, other equipment and

camouKaging 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 oM 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 Jre, Kooding, and earthquake; and

5. Measures shall be taken to keep the facility operational in the event of disaster.

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B. Demonstration of compliance with requirements subsection A.1., 2., 4. and 5. (Jre only) shall be evidenced by

a certiJcate signed by the city Jre 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 certiJcation on said plans signed by a structural engineer or other appropriate professional

licensed by the state of California.’

(Ord. 2029 NCS, 1996.)

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 deJned 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 aMect 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 eMectively unnoticeable and a Jnding is

made that no other location is technically feasible;

D. No telecommunication facility that is readily visible from oM-site shall be installed closer than one-half mile

from another readily visible uncamouKaged 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 eMectively 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;

E. No telecommunication facility that is readily visible from oM-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 eMectively 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

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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, 1996.)

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, 1996.)

facilities.

A. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making

body, which identiJes 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 Jnding that the proposed site results in fewer or less severe environmental impacts than any

feasible alternative site. The city may require independent veriJcation 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

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 eMort in achieving co-location

shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall

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Title 14 Transportation and Utilities | Petaluma Municipal Code Page 62 of 76

be made in a timely manner and in writing and copies shall be provided to the city’s permit Jles. 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 oM-line for a signiJcant 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, 1996.)

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

oM 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, 1996.)

All telecommunication facilities, except exempt facilities as deJned 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 speciJed by the Jre 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 Jre chief and director of engineering;

B. Existing parking areas shall, whenever possible, be used; and

C. Any new parking areas constructed shall be no larger than three hundred Jfty square feet.

(Ord. 2029 NCS, 1996.)

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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 deJned 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 identiJed 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 certiJed arborist and give speciJc measures to protect trees during project construction;

2. Grading, cutting/Jlling, 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 signiJcant vegetation, on the facilities site or along the aMected access area that die shall

be replaced with native trees and vegetation of a size and species acceptable to the planning director; and

E. No actions shall be taken subsequent to project completion with respect to the vegetation present that would

increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.

(Ord. 2029 NCS, 1996.)

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A. All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of

igniting a Jre 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 Jre chief, except exempt

facilities as deJned in Section 14.44.020(S)(1):

1. At least one-hour Jre resistant interior surfaces shall be used in the construction of all buildings;

2. Monitored automatic Jre extinguishing systems approved by the Jre chief shall be installed in all

equipment buildings and enclosures;

3. Rapid entry (KNOX) systems shall be installed as required by the Jre 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 Jre safety purposes by the Jre chief. Requirements

established by the Jre 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 Jnalization or commencement of operation, whichever

comes Jrst.

B. Demonstration of compliance with requirements of subsections A.1. through A.5. shall be evidenced by a

certiJcate signed by the Jre chief on the building plans submitted.

(Ord. 2029 NCS, 1996.)

protection.

All telecommunication facilities shall be sited so as to minimize the eMect on environmental resources. To that end

the following measures shall be implemented for all telecommunication facilities, except exempt facilities as

deJned 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 signiJcant threat to the health or survival of rare, threatened or endangered

plant or animal species;

B. No telecommunications facility or related improvements shall be sited such that their construction will

damage an archaeological site or have an adverse eMect 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;

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D. The facility shall comply with all applicable city Koodplain, Koodway 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, 1996.)

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 deJned 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. TraLc, 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, 1996.)

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

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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, Jeld mock up, or other techniques shall be prepared by

or on behalf of the applicant which identiJes 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, 1996.)

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

deJned 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 qualiJed 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 Jndings 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 modiJed, to comply with this standard. Proof of said compliance shall be a certiJcation

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 veriJcation 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.

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Every Jve years a report listing each transmitter and antenna present at the facility and the eMective radiated

power radiated shall be submitted to the planning director. If either the equipment or eMective 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 qualiJed 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 Jndings with respect to compliance with the current NIER standard shall be submitted to the planning

director within Jve years of facility approval and every Jve 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 eMective.

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, 1996.)

A. Exceptions to the requirements speciJed 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 Jnds, after receipt of suLcient evidence, that failure to adhere to the standard under consideration in

the speciJc 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 Jre 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, 1996.)

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 modiJcation of a telecommunication facility shall be provided to the operators of all

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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

modiJcation 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, 1996.)

In order to achieve consistent and eLcient 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 identiJed 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 oLce including number of

applications processed and their resolution.

(Ord. 2029 NCS, 1996.)

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 Jled 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 Jnal. 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

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

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

Title 14 Transportation and Utilities | Petaluma Municipal Code Page 69 of 76

of this chapter shall not be considered interpretations or rulings and are not subject to appeal. Notwithstanding

this section, an individual may Jle for an exception from the provisions of this chapter pursuant to Section

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 aMect 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, 1996.)