This is supported by Government Code section 65915, subdivision (f)(5), which states, “The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.” Furthermore, Government Code section 65915, subdivision (j)(1), provides similar guidance for concessions and incentives: “The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval.” Therefore, a request for a density bonus or for concessions and incentives should not be subject to an additional discretionary process.
To the extent that these requests are heard by the Planning Commission at the time of the other approvals required for the housing project, such requests should not be subject to an additional approval by the City Council. Potential findings of denial made by the Planning Commission for the requested density bonus and related concessions and incentives should be limited those found in Government Code section 65915, subdivision (d).
HCD reminds the City that HCD has enforcement authority over SDBL, among other state housing laws. Accordingly, HCD may review local government actions and inactions to determine consistency with these laws. If HCD finds that a local government’s actions do not comply with state law, HCD may notify the California Office of the Attorney General that the local government is in violation of state law. (Gov. Code, § 65585, subd. (j).) HCD recognizes the challenge of interpreting ever-changing housing and land use laws and appreciates the opportunity to provide technical assistance. If you have any questions regarding the content of this letter or would like additional technical assistance, please contact Bentley Regehr at [email protected].
Sincerely,
Shannan West
Housing Accountability Unit Chief
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City of Cotati
Sonoma County, California
________________________________________________________________ 201 W. Sierra Ave, Cotati, CA 94931 | (707) 792-4600 | www.cotaticity.org | @cityofcotati
MEMORANDUM
July 28, 2023
Listed below are the comments and concerns regarding the proposed Cotati Village project that were raised at the neighborhood meetings held at the Cottages Community Building on July 18 and July 24.
1. Concerns over increased Ford Lane traffic volumes, including potential use as a “cutthrough” street to access W. Cotati Ave intersection were voiced by several residents.
Several requests for traffic safety mitigation measures to be installed along Ford Lane were made, potentially including speed bumps, limited access between Ford Lane and the Villages site, traffic calming measures be included in the improvements along the southern side of Ford Lane.
2. Several residents asked if a different zoning could be applied to Cotati Village site instead of the CG zoning. Staff noted that any other zoning would conflict with the General Plan.
3. “Per 2020 Census data,” Cotati or Sonoma County (unclear which) emergency response times is 66% of average” and new residents will impact this response time further.
4. Concerns over increased traffic on Alder and safety impacts associated with increased volume were raised by several residents. “Alder is substandard and dangerous.” Several residents want sidewalks and bike lanes on both sides and increased police patrols.
5. Residents requested the design be revised to relocate trash enclosures further away from Ford Lane.
6. Concerns over scale and massing of proposed 3-story apartment buildings and their proximity to 2-story cottages were voiced by multiple residents.
7. Various concerns over apartment home (rental) vs. single family home (ownership) and impacts to Cottages residents and property values were voiced by multiple residents.
8. Concerns were raised regarding the parking easement along Ford Lane. Some felt the easement change from a 15-foot easement to an 8-foot easement was not properly initiated in 2004 because the residents living in the Cottages at the time did not vote on the change. Others felt “2003 15-foot Easement and 2004 8-foot Easement dimensions are meant to be additive for a total of 23-feet, not one replacing the other”. 283 of 403
City staff committed to a legal opinion on this proposition/issue and the other easement rights from the City Attorney be presented to decision makers with the project analysis.
9. Cottages residents asked if Alder Avenue can have a weight limit and exclude semi-truck traffic? Staff committed to exploring this request.
10. The section of Alder Avenue in the County needs significant improvement/maintenance.
11. Cottages residents identify that the bridge at Alder/Helman intersection is a pinch-point and creates a dangerous intersection.
12. Residents requested some type of separation between Cottages project and proposed Village project on the south side of Ford Lane. This includes rearranging the parking so that Village residents park on Village property and not Ford Lane.
13. Some residents asked if the density of the project could be reduced.
14. Cottages residents are interested in access to some amenities as were to be included in the previous Cotati Cottages project approval.
15. Cottages residents are interested in the 36 non-exclusive, night and weekend spaces identified in the existing easements be made exclusive and permanent parking spaces for Cottages residents. City staff communicated that, based on the dimensions and other technical aspects of the easement, staff finds that 22 spaces would be a fair number of spaces to dedicate to Cottages residents in-lieu of the 36 non-exclusive spaces currently identified in the easement language.
******
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From: cosmicc978
To: Jon-Paul Harries; Info
Subject: 116 Cotati Development Proposal Concerns
Date: Monday, January 29, 2024 1:51:11 PM
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To Whom It May Concern,
I don’t imagine there’s much of any input I could give as a resident of the west side of town, specifically a resident of the Cotati Cottages, that either hasn’t already been given or that will make much difference at all with the proposed development going in stacked directly on top of the condos over here, but I wanted to mention a few things as a concerned citizen. I’ll be the first to admit I am not well-versed when it comes to knowing the ins and outs of the way these projects come about and get approved, but as a citizen I do have thoughts and opinions on it as someone who lives over here. I know the deal has likely been made and it’s a huge money maker for the developer, so I’m sure there's no turning back now. But it’s disappointing because I know it was not what was initially proposed to those who bought into these condos back when they were new, and it frankly disgusts me how the developer can go back on what was promised to these people.
First of all, I am not trying to come at this from a NIMBY perspective. I realize that’s an easy position to take living in such a pleasant area. I am lucky enough to find myself in a situation where I’m living in a space that is rented to me below market value, my landlord is actually putting her money where her mouth is and do her part in trying to assist in the housing crisis around here. So I myself am one of the citizens whom these proposed “low income” state-mandated housing quotas are actually intended to help. I have to say that with all this increased development, I’ve yet to see one that ACTUALLY qualifies in any realistic sense as “AFFORDABLE.” If the 177 units going in here with whatever percentage of which is categorized as “low income,” it has to actually be just that - something that LOW INCOME people can actually afford. The problem is, the people deciding what is “affordable” have no problem affording anything themselves and the concept of what is “affordable” doesn’t actually seem to be rooted in reality. Nothing that I’ve seen in recent times, in my opinion, is actually affordable to the average blue collar family, and I think anyone you ask will tell you the same. So building endlessly per the states “mandates” is not going to do a damn thing to offset our actual housing crisis if the units aren’t actually affordable. By the time all is said and done, all of these housing structures will be built with no one to rent or buy them because the population they were geared toward will all be moved out of state.
Secondly, I’m a late 30-something who has lived over on this side of town for 5 years now (ten years a Cotatian in total). I am an avid walker and know this neighborhood inside and out. I can tell you right now that this is not an area geared up to take on an additional population of people in terms of infrastructure. Helman/Alder are narrow, older, horribly maintained backroads which I’ve nearly been hit on multiple times since living here. I walk them daily, and they are not designed for the amount of traffic that is using them CURRENTLY, let alone with a gigantic stack and pack housing development crammed onto them. You whisked through those PODS gigantic warehouses over in the industrial area a couple of years back during Covid, leading to a massive increase in traffic on all of these roads over here. Gone are the days when I can walk safely along Alder without fear of a car clipping me, or a gigantic truck pushing its way through to the industrial development. Two cars barely fit passing side by side on Alder. People use those roads as a cut through.
While I do understand this state needs increased housing, I don’t understand the desire to cram it into spaces that don’t make sense for it. The western side of Cotati is ag land, open farmland space. Why are we trying to change the character of the area with egregious dense apartment buildings?? Born and raised on the East Coast, I foresee the same overcrowding and overdevelopment that ruined large swaths of the right coast coming for the left. And how are all these people going to get around? Losing my car to the repair shop for over a week last year, and being a commuter on a budget daily to San Rafael, I decided to see how far a walk it would be to go from the Cotati Cottages to the SMART train station in Cotati. The most difficult portion of the walk wasn’t the distance, it was the danger in attempting to walk the 116/101 vicinity. There are no sidewalks, no bus stops, nothing. This side 286 of 403 of town is not designed to have a large volume of people living over here, nor should it. These types of living concepts should be relegated to areas central to the SMART train stations and centrally located near shopping centers. There should be modest single family houses being built in these open plots, or something with a lower profile, not tall dense industrial-looking apartment buildings in a rural setting. People want affordable starter homes, not thrown up quick, poorly-built apartments that will show wear less than a year after being built. Cotati is not Santa Rosa, nor do those who live here want it to become that.
I’ve also called upon the city many times to come repair repeated potholes where Alder meets 116. I am passed off continually to CalTrans, which pushes me back to the City of Cotati in terms of jurisdiction. I am damn tired of it.
I drive a very old (26 years old, to be exact) vehicle and nearly lose my suspension every time I’m nearly rearended turning to come home off of 116 because of a gigantic pothole that never gets fixed no matter how many times they do a quick patch job. If you would conduct a visual survey you’d find how fast people drive on 116 past the lights on their way west to Sebastopol, and these people are not interested in slowing down behind you because you’ve put your turn signal on to take a right onto Alder. Taking that turn at higher speed so that you avoid getting rear ended does not mix well with a gigantic gaping pothole that never gets properly fixed. I thought it would have been resolved when the Acre Pizza/Jane development went in, but it didn’t. Like so many other things in government, please fix what exists already before further adding to the chaos. An increase in car traffic, foot traffic, etc. is only going to further these existing issues.
Many citizens have voiced their concerns over that insane turn at 116/West Cotati. People are nearly rear-ended.
It seems like nothing is being done about any of this unless this development goes through, and then I’ve learned that all these massive changes will take place to the existing roads and turn the area into complete chaos in addition to all the building going on. It is literally like dropping a bomb on like a two-square mile area. And this is not even taking into account the fact that a gigantic hotel is being built as we speak literally less than a mile down the street with even more people and traffic and added chaos into an already strained area. Why push all of these things into such a small area all at the same time?? It seems insane! Money seems to be the only thing that gets anyone’s attention when things need fixing after years on end. It is incredibly, incredibly frustrating as an existing taxpayer.
No care was taken when the marijuana dispensary Jane had a gigantic event on 420 last year and took over our little development. Parking was allowed all along 116 in droves. Where was the enforcement? Who is looking out for the existing citizens with all of these broad-sweeping decisions? Will the police force in Cotati increase to account for the massive population increase about to be dumped on this tiny area? I had gas siphoned from my vehicle several years ago parked on Alder, and my vehicle rifled through. So I can only imagine how bad it is going to get with the increased amount of people living in the small area. Does anyone care about the existing taxpayers? It sure doesn’t seem like it!
Thanks for your considerations,
-A Concerned Cotatian
Under the Public Records Act (California Government Code §7920.000-7931.000), e-mail messages of local agencies are public records which are subject to disclosure to the public or may be subpoenaed.
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Re Cotati Planning Commission Feb 5, 2024 Item 6.A Date Submitted : Feb 2, 2024 To Chair Gilardi, Vice-chair Moffet and commissioners Savage, Berman and Long The SSU Geography Environment and Planning conferences of past years identified Planning Commissioners as heroes that facilitate the quasi-Judicial process of local planning meetings – mostly volunteers appointed to the Planning Commission to hear proposed projects, staff overview, applicants detailed vision, and response from the neighbors.
One aspect of this process, is considering how it works for the unrepresented potential new residents of Cotati – how will these new residents walk, bike and scooter as well as get dual usage of common space and for safe movement of vehicles, while on the property. Will these new residents be able to walk into Cotati?. Generically this is a great health benefit for citizens and also impacts “Vehicle Miles Traveled”.
For item 6.A, I would like to thank staff for making these documents available early for comments.
I would ask the question of staff
a) Is it likely these new residents will be able to see that they can safely walk/cycle to Cotati’s pedestrian network on W Cotati Avenue when these new dwellings are put up for rent, and given an occupancy certificate? Surely the EIR Reference “Bike and Pedestrian Facilities” PdfPg201 is incomprehensible for pedestrian/bicycle issues at this location. b) Could staff explain future VMT reductions work, as well as how the analysis 15064.3(b) PdfPg200
5.17 b) works for this location and Impact 3.12-9 (PdfPg 201) c) Can more porous safe pedestrian connectivity be requested of the applicants for this location? For the project applicant or City Staff I would ask
d) Will the internal roads be safe common space for use by children and local residents? Does this incorporate any Woonerf safety concepts?
https://ca-cotati.civicplus.com/220/Citywide-Planning-Documents See Woonerf Multifamily design standards
e) If new residents make friends with people in Cotati Cottages what is the pedestrian route they take to visit? Could the storm water underground drain easements (shown as Easement 2.6 “EX PARK” APN 046-286-021 ) that flow north from this property to the marked swale, also become a pedestrian path?
f) For the unattached parking spaces, does this project meet Cotati’s EV charging and EV Ready Charging sockets or does it have the infrastructure to expand to it in the future 288 of 403
g) I’d be curious as what is the projected cost of a parking space including access, in this new development – or a ball park figure from other recent projects.
Background
As a past member of the PC, I have been asking question “a)” above since 2019 when a project was proposed in NW of Alder Lane, in what has become Jane’s Dispensery.
It was stated in previous Cotati planning meetings, the City “Active Transportation Plan” would address connectivity issues including in this area, and should have been out before these projects came forward.
The history of this project from the early 2000’s was a plan for what is now Lowes and Cotati Cottages and required a lot of retail and parking for that retail. However, we are left with a hangover that this area had poor planning for pedestrian connectivity and safe shared time-shifted parking.
For the area, Lowes has a parking space visible from space, un-used outside business hours just when nearby home
owners are
returning.
Nearby current
and proposed
housing
Cotati Cottages
Redwood Row
The amount of
space dedicated to
vehicle parking is
very visible for this
area.
Lowes retail may
transform to other
forms of retail in
the future.
Possibly outdoor
coffee bars such as at Friedmans Santa Rosa, how can the land use be made flexible for the future owners. Are there planning tools and pedestrian connectivity paths to facilitate porous pedestrian/bicycle/scootering across these sites?
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In “Paving Paradise: How parking explains the world” a 2023 urban planning book by Henry Grabar, he phrases the issues with “Costly Parking Mandates” in different cities across the US. How can parking be better shared in locations - may be apps like SpotHero.com .
Thankyou, Neil Hancock, Cotati Resident.
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From: King, Kaete@Waterboards
To: Bill Olmo; Day, Melanie@Wildlife; [email protected]; [email protected] Cc: John Savage; Ed Gilardi; Shelley Berman; Kimberlyn Moffet; Ryan Long; Jon-Paul Harries; Noah Housh Subject: RE: Cotati Planning Meeting 02/05
Date: Tuesday, February 6, 2024 2:06:13 PM
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Hi Bill,
I meant to say that permit was issued August 27, 2001. Sorry for the typo! Kaete
From: King, Kaete@Waterboards
Sent: Tuesday, February 6, 2024 2:00 PM
To: Bill Olmo <[email protected]>; Day, Melanie@Wildlife <[email protected]>; [email protected]; [email protected] Cc: John Savage, Chair <[email protected]>; Ed Gilardi, Vice Chair <[email protected]>; Shelley Berman, Commissioner, <[email protected]>; Kimberlyn Moffet, Commissioner, <[email protected]>; Ryan Long, Commissioner, <[email protected]>; Jon-Paul JP Harries ([email protected]) <[email protected]>; [email protected] Subject: RE: Cotati Planning Meeting 02/05
Hi Bill,
Fill of wetlands on this parcel was permitted by a dredge and fill permit dated August 27, 2021 (WDID 1B01052WNSO). We concur with the biological assessment prepared by Monk & Associates that determines there are no existing waters of the state on site. As such, no dredge and fill permit would be needed to proceed with the Cotati Village Project.
Kaete King
Environmental Scientist
Southern Nonpoint Source and 401 Certification Unit
North Coast Regional Water Quality Control Board
5550 Skylane Blvd., Suite A
Santa Rosa, CA 95403
(707) 576-2848
From: Bill Olmo <[email protected]>
Sent: Saturday, February 3, 2024 11:48 AM
To: Day, Melanie@Wildlife <[email protected]>; King, Kaete@Waterboards 291 of 403 <[email protected]>; [email protected]; [email protected] Cc: John Savage, Chair <[email protected]>; Ed Gilardi, Vice Chair <[email protected]>; Shelley Berman, Commissioner, <[email protected]>; Kimberlyn Moffet, Commissioner, <[email protected]>; Ryan Long, Commissioner, <[email protected]>; Jon-Paul JP Harries ([email protected]) <[email protected]>; [email protected] Subject: Cotati Planning Meeting 02/05
EXTERNAL:
FR: William Olmo, a Cotati Cottages owner and resident ([email protected]) RE: Your Agency’s input and approval of the:
02/05/24 Cotati Planning meeting on:
Cotati Village Community (Northeast corner of Alder AVE and HWY116) Dear Agency Representative,
CADOFW, Melanie Day, [email protected]
CASWRCB, Kaete King, [email protected]
USFWS, Vincent Griego, [email protected]
USACOE, Bryan Matsumoto, [email protected] I am surprised by the City’s reliance upon “Appendix C, Bio Assessment” attached. The document is based on “mass Grading in 2002”. The attachment seems entirely “selfserving” and without communication from your Agency. Also, the project has provided no evidence that your agency has Reviewed and Approved the project!? Why is there no documentation from your Agency? We know Agency requirements have changed substantially in the last 21+ years. Are any of those changes applicable? NOTE: The occurrence of the alleged “2002 Mass Grading”, is also in question for the following reasons:
I worked for a general engineering construction company that bid on the Cotati Cottages, the adjacent development to the north of this project, circa 2002. Mass grading of the 8+ acres to the south, (the Cotati Village project), was not included in the owners grading plans and specifications. (I believe the Cotati Cottages project was awarded to, and completed by, Ghilotti Brothers Construction.) The City of Cotati has not provided evidence of the “2002 gross - mass Grading Permit” for the parcels included in the attached assessment. (NOTE: The current proposed project is nothing like the 2002 project including a land use change 2023.) 292 of 403
At some point in time, the City of Cotati alleges they issued a stock pile permit for the owner to import off site dirt. If you review the Aerials over time, you’ll see the massive stockpile appear. Its yards exceed the City’s “recollection” of their approval, but the City has not provided the requested copy of the actual permit yards.
If you believe you deserve input, please reply ASAP, (Hopefully by Monday 02/05) to:
John Savage, Chair [email protected]
Ed Gilardi, Vice Chair [email protected]
Shelley Berman, Commissioner, [email protected]
Kimberlyn Moffet, Commissioner, [email protected]
Ryan Long, Commissioner, [email protected]
Jon-Paul Harries, Sr. Planner [email protected]
Noah Housh, Planning Director [email protected]
Under the Public Records Act (California Government Code §7920.000-7931.000), e-mail messages of local agencies are public records which are subject to disclosure to the public or may be subpoenaed.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
PRELIMINARY DESIGN REVIEW AND A TREE REMOVAL PERMIT TO ALLOW CONSTRUCTION OF A MIXED-USE 177-UNIT APARTMENT DEVELOPMENT ON A
7.83 ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALDER AVENUE AND STATE ROUTE (SR) 116 AND FINDING THE PROJECT CONSISTENT
WITH THE COTATI GENERAL PLAN AND ITS ENVIRONMNETAL IMPACT
REPORT AND EXEMPT FROM FURTHER ENVIRONMANTAL REVIEW UNDER CEQA GUIDELINES SECTION 15183
(PA# 21-29 / APNS 046-286-021 & 144-050-009)
WHEREAS, on March 24, 2015, the Cotati City Council adopted its updated General Plan (Resolution No. 2015-12), which identifies the City’s vision for the future and provides a framework to guide decisions on growth and development consistent with the quality of life desired by Cotati citizens. On March 24, 2015, the Cotati City Council also certified the City of Cotati General Plan Environmental Impact Report (EIR), which reviewed potentially significant environmental effects resulting from the plan’s implantation and developed measures and policies to mitigate those impacts to less-than-significant levels; and WHEREAS, on December 7, 2021, the City accepted a Preliminary Application submitted by 116 Associated Investors, LLC (“Applicant”) in conformance with SB330, which informed the City of their intent to submit a formal application to allow construction of a 177- unit mixed-use apartment development and vest their rights to have the application reviewed under the City regulations and development fees in place on the date the Preliminary Application was accepted by the City; and
WHEREAS, on December 16, 2021, the Applicant submitted an application for Design Review and a Tree Removal Permit to construct a 177-unit mixed-use apartment development on a 7.83 property located at the northeast corner of Alder Avenue and SR-116 (“Project”); and WHEREAS, the Project takes advantage of the State Density Bonus Law, which allows for increased density, reduced parking ratios, and concessions and waivers from certain City development standards, by-right, when particular amounts of affordable housing units are included in the Project; and
WHEREAS, on July 18 and July 24, 2023, the City hosted noticed neighborhood meetings to gather feedback on the proposed Project; and WHEREAS, in response to the feedback from the neighborhood meetings the Applicant modified the Project to address neighborhood concerns; and WHEREAS, on February 5, 2024, the Planning Commission held a duly noticed public hearing to consider public testimony on the proposed Project, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written 294 of 403
comments submitted to the City regarding the item prior to taking its action on the item, and voted (4-1) to recommend City Council approval of the Project; and WHEREAS, Public Hearing Notices of the February 27, 2024, City Council hearing for consideration of the Project were sent to all neighboring property owners within a 500-foot radius of the Project site, and all parties having requested notice, and were published in a newspaper of general circulation in the City in accordance with law; and WHEREAS, on February 27, 2024, the City Council held a duly noticed public hearing to consider public testimony on the proposed Project, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item; and WHEREAS, the City Council finds that the proposed Project is consistent with the City of Cotati General Plan; and
WHEREAS, the City Council finds that the health, safety, and welfare of the citizens of the City of Cotati will not likely be jeopardized by approval of the Project; and WHEREAS, the Record of Proceedings ("Record") upon which the City Council bases its decision includes, but is not limited to: (1) the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3); (2) the Cotati Municipal Code; (3) the City of Cotati General Plan and its related Environmental Impact Report (EIR), adopted on March 24, 2015; (4) the City of Cotati 2023-2031 Housing Element Update and its related Addendum to the City of Cotati General Plan EIR, adopted by the City Council on March 28, 2023; (5) all staff reports, city files, records, and other documents prepared for and/or submitted to the City Council related to the Project; (6) all documentary and oral evidence received at the public hearings or submitted to the City during the comment period on the Project; and (7) all other matters of common knowledge to the City Council and the City, including, but not limited to, City, state and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City and its surrounding areas.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that CEQA analysis for the Project conforms to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the Project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR. Section 15183 of the CEQA Guidelines mandates that projects which are determined to be 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. All adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan EIR that apply to the Project are identified in the analysis and imposed as environmental conditions of approval.
BE IT FURTHER RESOLVED that the above recitals are true and correct and constitute a part of the findings in support of this Resolution. 295 of 403
BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby, based on substantial evidence and in view of the whole Record, determine that the findings to approve the Project can be made for the following reasons:
Design Review Findings
1. Complies with Cotati Municipal Code (CMC) Section 17.62.040 (Design Review;
2. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;
3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
4. Provides efficient, safe, and visually attractive public access, circulation and parking;
5. Provides appropriate open space and landscaping, including the use of water-efficient landscaping, and native plants where appropriate;
6. Addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness;
7. Is consistent with the general plan and applicable specific plans; and
8. Complies with any applicable city design guidelines, design standards, and/or design review policies.
The proposed Project, as conditioned, complies with the General Plan and provisions of CMC Section 17.62.040 (Design Review). The Project application provides the required information to approve Preliminary Design Review and is conditioned to provide the necessary materials to evaluate and approve Final Design Review.
As proposed, and conditioned, the Project addresses and conforms with the City’s General Plan and Land Use Code provisions for site planning and design, building architecture, landscaping, pedestrian and vehicle access and circulation, energy and resource conservation, and the use of utilities, except where concessions or waivers from City development standards are granted pursuant to State Density Bonus Law (i.e. increased density, parking minimums, minimum commercial floor area, and parking locations).
The architectural design for the Cotati Village buildings incorporates contemporary craftsman style elements. All six buildings would be three stories in height with low pitched roofs and exposed beam elements. The height of the residential buildings measure 32.5 feet, which conforms to the 35-foot height standard in the CG zoning district. The mixed-use buildings (buildings A and C) measure 32.5 feet with architectural peaks and ridges that 296 of 403
extend to 40 feet in height, which is permitted above the 35-foot height limit (pursuant to CMC Section 17.30.040(D)) to allow for architectural interest and to break up long solid roof lines.
Building A and C’s commercial facades provide additional transparency through the use of large windowpanes and glazed entry doors on the southern elevation. Residential units would feature low wooden fence screening for privacy at the ground level. The rectangular building form for the six buildings is articulated through the use of recessed and projecting building frontages. projecting balconies, two colors for separated wall planes and materials, two primary finish materials including stucco and painted wood siding, and complementary exterior window trim.
The Project is designed to integrate with the City’s General Plan direction to realign and signalize the intersection of West Cotati Avenue and SR-116 and allows public access through the development site on Batchelor Lane and the future Village Drive. The Project provides for pedestrian circulation throughout the site and proposes the construction of a Class I multiuse path serving bicyclists and pedestrians along SR-116.
The landscape plan proposes a mix of trees, shrubs, groundcover, grasses, and vines. Trees and other landscaping are proposed along the perimeter of the Project site, throughout the parking lot, between buildings, and within the interior courtyards. The landscaping plan includes the preservation of six heritage oak trees within the central portion of the Project site as well as preservation of existing street trees located along Alder Avenue. Landscaping features drought tolerant plants and a high efficiency irrigation system, including weatherbased controllers. Landscape areas establish buffers, provide shading, and serve as biofiltration and stormwater detention facilities.
The Project has been reviewed by the Community Development Department, Department of Public Works/Engineering, Police Department, Rancho Adobe Fire Protection District, and relevant outside agencies. No issues have been identified that would prevent the Project’s development or the provision of services to the residents.
Tree Removal Findings
1. The approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of this chapter;
2. Measures have been incorporated into the project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this chapter;
3. The removal of a healthy tree cannot be avoided by:
a. Reasonable redesign of the site plan prior to construction, or b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the director;
4. Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are 297 of 403
anticipated as a result of the removal; and
5. The tree to be removed does not contain an active nest that has been identified through the environmental process or is otherwise known to the review authority as the nest of a migratory bird, except where a qualified professional has determined that the nest can be relocated without damage to the nestlings.
Depending on the final grading, utility, and frontage design plans, two to four small oak trees and a clump of non-native acacia trees will be removed from the site near the corner of Alder Avenue and SR-116. However, the Project has been designed to retain a line of more mature oak tress located along the proposed Batchelor Drive. Mitigation for the trees that will be removed is required per the replacement criteria set forth in CMC Section 17.54.050, which will result in the replanting of 10 to 20 replacement oaks. The Project is further conditioned to have an arborist prepare an oak mitigation and monitoring plan to ensure the protected oaks will survive, and requires modification of the Project to ensure survival. Where it is found the trees cannot be preserved, they will be required to mitigate the loss pursuant to the replacement criteria. Additionally, the Project proposes to plant 171 trees of various species.
The trees proposed for removal are spaced out and do not act as privacy buffers, provide wind screening, or affect on site drainage, erosion or land stability, and there are no expected adverse impacts resulting from their removal.
The Project is conditioned to protect nesting birds. If construction begins between February 1 and August 31, a pre-construction nesting bird survey shall be performed within seven days of grading. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days. If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist.
BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby approve the request for Preliminary Design Review and a Tree Removal Permit to allow construction of a 177-unit mixed-use apartment development at the northeast corner of Alder Avenue and SR-116 based on the foregoing findings and subject to compliance with all of the Conditions of Approval, identified below:
PLANNING DIVISION
1. The Project is subject to all development standards and payment of all impact fees identified in the City’s adopted Fee Schedule, including Traffic Impact Fees, Park InLieu Fees, and Bed Tax at the rates in place on December 7, 2021, the date when the Preliminary SB 330 vesting application was accepted by the City.
2. The Project design shall be amended and the plan set updated to address the following items submitted for Final Design Review and approval:
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A. Amend the Highway 116 frontage design and onsite improvements to include: Class 1 multi-use path and the north leg of the realigned Highway 116/West Cotati intersection (proposed to be EVA access until intersection completion) to be consistent with the Highway 116 Corridor Safety Improvement Project (35% Design Drawings).
B. Amend the plans to demonstrate compliance with the following objective design standards set forth in CMC Chapter 17.39:
1) §17.39.030(A)(1): “Multifamily projects fronting on an existing or proposed public street shall orient the buildings to the street with individual entries, porches, and landscaping facing the street. Street-facing parking lots, parking spaces, carports, and garages are not allowed.” Consider relocating Building F to front Alder Avenue and relocate the parking along Alder Avenue to the east side of the building. See also conditions 2.B(4) and 2.C(6), below. 2) §17.39.030(B)(1)(b): Rooflines shall extend past the wall of the building with a minimum eave width of 18” and shall include exposed roof beams and/or rafters.” Provide additional details to confirm compliance with this standard, including rafter/beam size, connectors, and colors.
3) §17.39.030(B)(1)(d) and (e): Provide details of all wood trim on windows and doors to confirm compliance with this standard.
4) §17.39.030(F)(4) requires that all parking areas be screened from public street frontages, and landscaping used for this purpose be at least 15’ wide from the back of the sidewalk and 3’ tall. In addition, §17.39.030(F)(10) requires that offstreet parking be located so that carports and open parking spaces are not visible from the street fronting the parcel. Provide additional detail regarding the screening of the parking and/or modify the plans to bring the Project into compliance.
5) Pursuant to CMC Section 17.39.030(G)(2), the height of the solid fencing between private yards and common open spaces and the private yard fencing facing Highway 116 shall be limited to 4.5’ in height. The proposed fencing should be reduced in height to comply, or alternatively the additional height above 4.5’ may be of an open design rather than solid. In addition, provide details to show articulation, gates, and decorative features that break up the massing of the fence.
6) §17.39.030(G)(5)(f): Lighting at trash enclosures for nighttime use is required.
Demonstrate compliance with this standard.
7) §17.39.030(G)(6): On the floor plans, show dimensions of the units’ private storage areas, which must be at least 100 cubic feet total with no dimension less than 30”.
8) Clearly identify the number of bicycle parking spaces at each location where bicycle parking is provided.
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C. Provide a Final Landscape and Irrigation Plan in conformance with CMC Chapter 17.34 (Water Efficient Landscape Standards) that includes the following items. The plan shall be coordinated with all other architectural and civil plans and conflicts with all light standards and utilities shall be avoided.
1) Required replacement trees and parking lot trees shall not be reduced in number to avoid conflicts but shall be relocated instead.
2) The plan shall provide a calculation of shade on the parking lot areas that meets or exceeds the parking lot shade requirements set forth in CMC Section
17.34.050.D.4.a. At a minimum, the parking areas shall have shade trees every twenty-five linear feet per CMC Section 17.34.050.D.3.a.iV. 3) The plan shall identify the number and location of replacement trees required by CMC Section 17.54.050. The replacement trees shall be in addition to all required parking lot trees.
4) Provide greater detail of the landscape area between the patio fences and multiuse path along the Highway 116 frontage. The landscaping shall include vertical elements to soften and screen the fence. See also Condition 2.B(5). 5) The proposed street and parking lot lighting shall be modified to have a post not exceeding 11’-6” in height and a total maximum height of 14 feet. 6) Provide detailed landscaping plans for the landscape strip between Alder Avenue and the carports located between Batchelor Lane and Ford Lane. Landscaping in this area shall incorporate vines and/or vertical elements to screen and soften the carports when viewed from Alder Avenue. Alternatively, relocate Building F to front Alder Avenue.
7) The irrigation compliance statement shall be revised to state: “I have complied with the criteria of Chapter 17.34 (Water Efficient Landscaping Standards) of the City of Cotati Municipal Code and applied them accordingly for the efficient use of water in the planting design plan.” The statement shall bear the signature of a licensed professional.
8) Applicant shall retain an arborist to prepare an oak mitigation and monitoring plan demonstrating that the oaks are being preserved to extent feasible and that measures are included in the design and construction of the Project, including grading and utilities, to ensure the long-term preservation of the oaks. Tree protective measures shall be shown on final grading and utility plans. If the trees are threatened, the Project shall be modified to ensure the trees remain or they shall be replaced in conformance with CMC Section 17.54.050. City approval is required prior to the removal of any tree targeted for preservation.
D. Provide a Final Outdoor Lighting Plan. All outdoor lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass.
Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences.
Lighting fixtures/lamps shall be energy efficient and be a warm light with a broad color spectrum to minimize sky glow. An all-night light shall not exceed 3000K 300 of 403
(Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed 4000K.
E. Amend the open space calculations on sheet A37 to include only the areas of the community center that provide recreational or social uses. Other uses such as offices, utility rooms, hallways, the mail room, and leasing office shall not be counted as open space. Project shall maintain at least 150 square feet of usable open space per unit.
CMC Section 17.39.030(D).
F. Identify the location of all mailboxes and provide evidence that the location(s) of the mailboxes are approved by the Post Office.
G. A fence or wall, with a minimum height of seven feet, shall be provided along Ford Lane to separate the Project from The Cottages development to the north. The fence/wall shall be designed to complement the monument entry feature of The Cottages. Provide fence/wall details and clearly show the location on the civil and architectural plans.
3. Prior to issuance of a building permit, Applicant shall record a city-approved inclusionary housing agreement in compliance with CMC Chapter 17.31.
4. Prior to occupancy of any building, the applicant shall install an eastbound left turn lane on Highway 116 at the intersection of Alder Avenue and Highway 116. This condition shall not be required if the proposed realigned intersection at West Cotati Avenue and Highway 116 is completed prior to occupancy, or if the City Engineer finds an alternative solution to address the failure of the intersection.
5. If requested by the Federated Indians of Graton Rancheria, applicant shall perform surveys for archaeological artifacts prior to grading and/or provide for archaeological and/or tribal monitoring of any ground disturbing activities. Verification that an archaeologist and/or tribal monitor is under contract will be made prior to issuance of any grading permit.
6. Prior to issuance of a grading or building permit, Applicant shall record the proposed easements noted on Sheet C3-1 (dated December 18, 2023), except as they may be modified by these conditions of approval. The City shall review and approve the easements prior to recording and the easements shall note that any changes to the recorded easements shall require prior City approval.
PUBLIC WORKS/ENGINEERING
Unless otherwise stated, conditions in this section shall be to the satisfaction of the City Engineer prior to issuance of a Grading Permit.
Real Property
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7. Please provide a current (within the last 3 months) Preliminary Title Report (including the grant deed and title items) and show all existing easements and other relevant title items on the Site Plan and other plans as appropriate.
8. Proposed easements and dedications shall be finalized (legal descriptions and plats) and presented to the City for review prior to recordation before the issuance of a building and/or grading permit.
A. In accordance with the City of Cotati General Plan, the applicant will be required to offer for dedication property sufficient to accommodate the future construction of a cul-de-sac on Alder Avenue. The parcel so offered shall be dimensioned to accommodate a City Standard cul-de-sac (detail 108A). The offer of dedication may include language that would cause the offer of dedication to expire if the City of Cotati amends its General Plan to keep Alder Avenue connected to SR-116, and not terminated in a cul-de-sac.
B. The applicant will be required to make an irrevocable offer for dedication property along the Highway 116 frontage, record a public access easement for use of the Class 1 Pathway, and enter into a maintenance agreement for the frontage to meet the Highway 116 Safety Corridor Improvement Project, 35% Design Document conditions. The 35% Design Plan currently call for an 11-foot frontage dedication from the existing Caltrans ROW.
C. The applicant will be required to secure an exclusive private drainage easement for Cotati Village 1 and Cotati Cottages over the “Existing Storm Drain Swale” (over APN 046-113-033, which is on the northerly side of the Cotati Cottages development) for the purpose of post-construction storm water treatment and peak reduction measures in compliance with City of Cotati, Phase I MS4 permit. This area is described in Document Number 2003-052344, Exhibit C, Sonoma County Records.
D. The proposed Easement D on Sheet C3-1 (15’ easement for public water purposes (within roadways)) is not required. Water facilities on-site will be private.
9. If the property is not presently included, the owner shall execute an agreement to annex into the City’s Community Facility (CFD) District. The owner shall create a CFD if one does not already exist and annex the property into it. Determination of parcel descriptions to be dedicated to the District (versus roadway right of way) shall be determined by the City Engineer. Public facilities within public properties/rights of way shall be included in the district in terms of funding maintenance of such facilities, shall be determined by the City Engineer.
Improvement Plans
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The following Conditions of Approval shall be satisfied prior to Improvement Plan Approval.
All design and construction shall conform to the latest edition of the City of Cotati Design and Construction Standards. The submittal shall include a detailed Engineer’s Estimate for the public improvements including items, unit costs and quantities.
General Requirements
10. The developer shall prepare and submit a separate set of Public Improvement Plans for the construction of all public improvements with separate sheets for:
A. Demolition: showing all items to be removed such as buildings, well system, septic system, current road improvements and other ROW features.
B. Utilities including water, sanitary sewer, storm drain facilities, joint trench, etc.
C. Roadway Improvements including grading, curbs, gutters, sidewalks, parkway strips, etc.
D. Storm Water and Erosion Control plan shall be included.
E. A Photometric Plan shall be included showing proposed streetlights.
F. Striping and Signage including signing, striping, streetlights, painted curbs, etc.
G. Details including site specific and all referenced city, state, or other details.
H. Where modifications or improvements are minimal, some items and sheets may be combined, but surface improvements and underground improvements should remain separate for clarity.
11. All plan sets submitted for improvement plans shall have a sheet printed with all conditions of approval written herein.
12. The Improvement Plans shall include an approval line for the Geotechnical Engineer to sign off on the plans based on their Geotechnical Investigation Report.
13. A letter shall be provided by the engineers providing the studies or reports indicating compliance with their respective report and recommendations. This would include the following reports:
A. Geotechnical
B. Traffic
C. Water and Sewer
D. Environmental
E. Hydraulics and Hydrology
F. Stormwater LID
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14. Improvement Plans must be approved and signed by the City Engineer, Community Development Director, Police Chief and Rancho Adobe Fire District prior to the issuance of an Encroachment Permit, Grading Permit or Building Permit.
15. The applicant shall enter into a deposit agreement with the City to assure all City project review and inspection costs are reimbursed by the Project proponent. A plan check and inspection fee deposit shall be paid prior to the submittal of the Improvement Plans for plan review.
16. A Construction General Permit is required from the State Water Board if construction activity results in a land disturbance of one acre or more. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD).
17. Mailbox plans and locations shall meet the requirements of the Cotati Postmaster prior to Improvement Plan approval. The developer shall provide an exhibit showing mailbox locations consistent with the Cotati Postmaster requirements.
18. Existing curb, gutter and sidewalk along the Project frontage that are to remain and are in disrepair shall be removed and replaced as part of the improvements for this Project. All nonconforming pedestrian ramps and driveway approaches shall also be brought up to current accessibility standards. Any existing street trees along the Alder Ave frontage determined to be in poor health (damaged or diseased), or dead, shall be replaced. All as informed by the Project arborist and determined by the City Engineer.
19. Deviations from City Standards shall require the approval by the City Engineer. The applicant’s engineer shall request all design exceptions in writing.
20. Project benchmark shall be based on a City approved USGS benchmark.
21. A “dry” Utility Plan shall be submitted for review and approval by the City Engineer, prior to Improvement Plans approval.
22. Submit a Storm Water Determination Worksheet, and assuming Low Impact Development (LID) requirements are triggered, prepare and submit an Initial SWLIDS along with a Completeness Checklist, pursuant to the City of Santa Rosa LID Manual, 2017 Storm Water Technical Design Manual Narrative. These resources can be found at the following link: https://srcity.org/1255/Low-Impact-Development.
Specifically;
• Narrative needs to clearly describe the following:
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a. Runoff from Cotati Village 1’s DMA 1, 2A & 3 drain to existing offsite swale that will be reconstructed to into a bioretention facility in accordance with current standards to handle 100% volume capture.
b. The existing swale does not currently provide SWLID volume storage for either the Cottages development or the Cotati Village 1 development. c. Future developments are precluded from using reconstructed bioretention facility for drainage purposes.
• Project areas need to be consistent throughout report. • BMPs need to be selected based on identified soil type. • Groundwater depth needs to be determined prior to final design of BMPs. • Exhibit needs to include the following:
a. Elevations of bioretention facility’s inlet, outlet, overflow, flowline, and underdrain.
b. BMP facility for DMA 4.
c. Treated water needs to enter public storm drain system.
23. An Encroachment Permit is required for all improvements, work activities, and staging or storage of equipment and materials within the public right-of-way subject to the approval of the Director of Public Works / City Engineer. Information on our Encroachment Permit process can be found at:
http://www.cotaticity.org/city_hall/departments/public_works_and_engineering/encroach ments.
24. If the Project involves movement of greater than 50CY, a Grading Permit is required prior to commencement of earthwork. Information on the Grading Permit application can be found at:
https://www.codepublishing.com/CA/Cotati/#!lCotati14/Cotati1434.html#_14.34. 050.
25. Required Improvement Plan Notes:
A. "Any excess materials shall be considered the property of the contractor and shall be disposed of away from the job side in accordance with applicable local, state and federal regulations."
B. "All existing overhead utilities (of 26,000 volts or less) and proposed utilities, both on-site and along Project frontages, shall be placed underground. This does not include surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, which are required to be screened by means acceptable to the City." C. "If hazardous materials are encountered during construction, the contractor will halt construction immediately, notify the City of Cotati, and implement remediation (as directed by the City or its agent) in accordance with any requirements of the North Coast Regional Water Quality Control Board."
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D. "The contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.
The contractor shall be required to follow traffic safety measures in accordance with the Cal Trans “Manual of Traffic Safety Controls for Construction and Maintenance Work Zones.” The City of Cotati emergency service providers shall be notified of proposed construction scheduled by the contractor(s). The Project specifications shall require that the contractor(s) notify emergency service providers in writing at least 24 hours in advance of its proposed schedule of work. A Traffic Handling Plan shall be provided to the City for City Engineer approval prior to any work occurring within the public right of way."
E. The following notes shall be added to the cover of the plans in bold.
IMPORTANT NOTICE TO DEVELOPER AND ALL CONTRACTORS:
Utility joint trench location shall be field staked and approved by the City PRIOR TO INITIATION OF ANY TRENCHING. This required approval by the City is independent of any authorization granted by the Utility Company, the Developer and/or Contractor. Trench locations within the tree protection zones of any protected trees may not be approved by the City. The City's inspector may require consultation by the City's arborist prior to approval of trench location. Failure to comply with these requirements may result in an immediate order to stop work, as well as incurrence of civil penalties as provided by City Ordinance.
NOTE: Soil shall not be treated with lime or other cementitious material without prior express permission by the City Engineer.
Frontage & Roadway Improvements
26. The applicant shall ensure that all proposed improvements along the frontage of Highway 116 are approved by Caltrans, if within the State right-of-way, and in conformance with the Highway 116 Safety Corridor Improvement Project, 35% Design Document, produced for the City of Cotati by Fehr and Peers. At a minimum, the Project is to construct and maintain a Class 1 Pathway extending from the realigned SR116/West Cotati Ave intersection to Alder Ave., construct the north leg of the realigned SR116/ West Cotati Ave intersection, and install the eastbound left turn lane at SR116/Alder Ave. Projects not identified in the 2015 Traffic Impact Fee Study are not covered by traffic impact fees and are wholly the responsibility of the Developer.
27. The Improvement Plans shall include street profiles, typical street sections and calculations for the street design. Said plan shall incorporate the findings and recommendations from the approved Soils Report for the pavement design and the approved Traffic Study. The proposed Improvement Plan shall be submitted to the City Engineer for review and approval.
28. The structural section of all road improvements shall be designed using a soil investigation which provides the basement soils R-value and expansion pressure test results. If no R-value tests are supplied, roadway structural sections shall be designed 306 of 403
using an R-value of 5.0. A copy of a soils report and structural section calculations shall also be submitted with the first Improvement Plan check. Alder Avenue shall be resurfaced from curb to curb.
29. Accessible Ramps shall be provided at all intersections, crosswalks, driveways, and where sidewalks are proposed. Ramps shall conform to Caltrans Standards A88A or A88B, Or as specifically detailed for the individual site to meet site ADA guidelines.
30. Sidewalk widths shall be provided to allow a clear five-foot walkway at all locations, including but not limited to areas where mailboxes, streetlights, street signs and fire hydrants are to be installed.
31. One-inch chases shall be installed to all parkway strips from adjacent parcels to allow for the installation of irrigation lines.
Lighting, Signing and Striping Plan
32. Streetlights shall be City Standard Decorative type or approved equal. Developer shall provide additional streetlights for replacement purposes (5% of total or as otherwise approved).
33. Plans shall be subject to the review and approval of the City Engineer and the Police Chief. A photometric plan for the Project site shall be submitted to the City Engineer for review and approval.
34. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the City Engineer. Signage restricting parking and red painted curbing shall be installed where appropriate. Speed limit signs shall be installed at locations determined by the City Engineer.
Drainage Improvements
35. All project related flooding impacts shall be mitigated by the Project developer. Drainage improvements shall be designed by a Civil Engineer registered in the State of California in accordance with the Sonoma County Water Agency’s Flood Control Design Criteria.
Public and private drainage improvements (including Storm Water Management Plans) shall be shown on the improvement plans and shall be submitted to and approved by the City of Cotati and/or Sonoma County Water Agency (SCWA) prior to approval by the City Engineer.
36. Plans and engineer of record certifications shall be provided by the developer to demonstrate compliance of all improvements, including building pads and finished floor elevations, with the City’s Flood Plain Ordinance, to the satisfaction of the Building Official and City Engineer. Pad elevations shall be constructed at a minimum of 1 foot 307 of 403
above the 100-year Floodplain / Hydraulic Grade Line as determined by the City and certified by the Project engineer.
37. All design and construction shall meet the requirements of the most recent editions of City of Cotati, Phase I MS4 permit and the City of Santa Rosa Low Impact Development (LID) Technical Design Manual. Prior to approval of the improvement plans, the applicant shall submit a Final Storm Water Low Impact Development Plan (FSWLID) subject to review and approval by the City Engineer. The plan shall include postconstruction storm water treatment and peak reduction measures and shall address maintenance of private and/or public storm water facilities. The FSWLID shall be approved by the City Engineer prior to issuance of the grading permit.
Also include a three-part program designed to limit direct disposal of contaminants into streets and storm drains: labeling all catch basins - "No Dumping - Drains to Creek"; strictly limiting the use of non-biodegradable fertilizers or pesticides; prohibit the regular washing or maintenance of vehicles in paved areas that drain directly into the storm drain system.
38. Prior to approval of improvement plans and issuance of any Permits the applicant/developer shall submit a Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practices (BMP) Facilities. The applicant/developer shall obtain the City’s review and approval of the said Declaration and record with the Sonoma County Recorder against the parcel prior to approval of the Grading/Building permit or issuance of Certificate of Occupancy permit, timing subject to the discretion of the City Engineer. The planter and landscape strips adjacent to public streets shall be included in the Declaration and be maintained by the private property owner(s), subject to review and approval by the City Engineer.
39. All on-site storm drain facilities installed as part of the Project shall be private and clearly identified as “private” on the design drawings.
Grading Permit and Improvements
40. Prior to Issuance of a Grading Permit the following Conditions shall apply:
A. The Improvement Plans shall be approved by the City Engineer.
B. It is Applicant’s responsibility to obtain and provide proof of all permits necessary from other local, state, and federal agencies. Upon request, applicant shall provide evidence of these permits at the time of grading plan submittal.
41. The developer’s engineer shall include a site-grading plan prepared by a Civil Engineer registered in the State of California as part of the required improvement drawings. 308 of 403
Lots/site shall be generally designed to drain to the street, unless otherwise approved in the interest of tree preservation or other unusual circumstances.
42. The grading plan shall clearly show all survey monuments and property corners and shall state that they shall be protected and preserved. Should monuments be damaged or destroyed during construction, they shall be replaced by the developer.
43. The applicant shall submit to the City for review and approval, a detailed Soils Report/Geotechnical Investigation prepared by a Civil Engineer registered in the State of California and qualified to perform soils work. The grading plan shall incorporate the recommendations of the approved Soils Report and be signed by the Project Geotechnical Engineer.
44. Where soil or geologic conditions encountered during grading operations that are different from those anticipated in the Soils Report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity.
45. All existing wells, septic tanks and/or underground fuel storage tanks shall be clearly identified on the demolition plan and abandoned under permit and inspection of Sonoma County Environmental Health or other designated agency. If there are none, the Project engineer shall provide a letter describing the scope of the search done to make this determination.
46. Improvements plans shall include an erosion control (winterization) plan. The plan must include an order of work and staging/scheduling component indicating when facilities must be installed and when they may be removed. A separate Rain Event Action Plan (REAP) shall be required and prepared as part of the Storm Water Pollution Prevention Plan (SWPPP). A copy of the REAP shall be kept on-site throughout the duration of construction activities.
Utility Improvements
47. All existing overhead utilities (of 26,000 volts or less) and proposed utilities, both on-site and along Project frontages, shall be placed underground. All proposed utilities are to be placed underground per Chapter 17.30.100 of the City’s Municipal Code.
Sanitary Sewer and Water Improvements
48. The applicant shall submit for City review and approval the domestic water use calculations and meter sizing. Water use calculations shall compare the estimated water use to the water use attributed to the area by the Water Master Plan (latest edition). 309 of 403
49. The applicant shall submit for City review and approval the sanitary sewer use study. The study shall present expected sewer flow generation, a comparison of the expected sewer flows to what was attributed to the area by the Sewer Master Plan (latest edition).
50. Prior to issuance of a building permit, developer shall obtain a letter from the City of Santa Rosa stating their requirements for a sewer use permit have been satisfied.
51. All on-site sewer facilities installed as part of the Project shall be private and clearly identified as “private” on the design drawings. Sewer flows generated by Cotati Village 1 to be served by a single connection to the existing 10-inch pipeline in Highway 116 as evaluated in the Carollo Cotati Village 1 & 2 Water and Wastewater Assessment Report Final dated October 2023. An alternative single point of connection would be approved only with a revised Wastewater Capacity Assessment report demonstrating the alternative connection is sufficient and with the approval of the City Engineer.
52. City shall install a domestic and an irrigation meter at property line in City ROW and Developer is to comply with SB 7 provisions regarding submetering individual dwelling units, specifically California Water Code Division 1, Chapter 8. Water Measurement [500-537.5]. Water lines, including fire lines, and sewer lines on the private property shall be identified as “private” on the design drawings. Fire hydrants may connect directly to public mains.
53. All irrigation water mains, service laterals, plumbing, valves, pipes, appurtenances, irrigation parts, vaults and boxes must be purple.
Permit Requirements
54. Provide evidence that a Notice of Intent has been submitted and received by the North Coast Regional Water Quality Control Board for a General Construction Activity Storm Water Permit. Two copies of the Project Storm Water Pollution Protection Plan shall be provided to the City prior to issuance of a grading permit, encroachment permit or building permit.
Other / Landscape Parcels
55. Landscape and irrigation plans for plantings, including construction and planting details for bioretention areas and other Low Impact Development (LID) facilities, shall be submitted at the time of the Improvement Plan submittal package. All landscaping and irrigation shall comply with the City Water Efficient Landscape Ordinance (WELO).
Said plan is subject to review and approval by the City Engineer.
56. The landscape plans shall show underground utilities and no trees shall be planted over any existing or proposed underground utilities, and no trenching shall occur within the driplines of the trees proposed to be preserved.
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Public Improvement Agreement (PIA)
57. The applicant shall execute a City standard Public Improvement Agreement to address the proposed Alder Avenue and Highway 116 public improvements. The agreement shall address design, construction, dedication of and City acceptance of the public improvements. The agreement shall include and engineer’s cost estimate for the public improvements, security for the completion of these improvements, an initial deposit and execution of the City’s deposit account agreement for City inspection of the construction of the public improvements. The agreement shall be submitted for review and approval by the City. The agreement shall also address the ownership, maintenance, lighting, parking, access and shall be recorded against the lands of the Project.
Encroachment Permit
58. Prior to Issuance of an Encroachment Permit the following Conditions shall apply:
A. A Traffic Control and Work Plan shall be submitted to the City Engineer for review and approval. At a minimum, the Traffic Control Plan shall address ingress and egress, haul route, flagging, and maintenance of the road and identifies a staging area. The plan shall be reviewed and approved by the Chief of Police and the Planning Department prior to the start of any sitework.
B. An Encroachment Permit shall be required prior to performing work on public utilities or work within public rights-of-way or public easements.
During Construction Operations the Following Conditions Shall Apply
59. The developer shall keep adjoining public streets free and clean of Project dirt, mud, materials, and debris during the construction period, as found necessary by the City Engineer. If a construction entrance is used, the area shall be swept and cleaned daily to remove any dirt, mud or debris. If necessary, street sweeping may be required.
60. The developer shall be responsible for all damage to existing City streets during construction and shall repair all damaged facilities at no cost to the City.
61. If any hazardous waste is encountered during the construction of this Project, all work shall be immediately stopped and the Sonoma County Environmental Health Department, the Fire District, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.
62. During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. Contractor shall be responsible that all construction equipment is equipped with manufacturers approved muffler’s baffles in compliance with all City codes relating to noise and idling 311 of 403
equipment. City Code includes but is not limited to section 17.30.050. Failure to do so may result in the issuance of an order to stop work.
63. If grading is to take place between October 15 and April 15, both temporary and permanent erosion control measures, conforming to the Project erosion control plans shall be in place before October 1st. Erosion control measures shall be monitored and maintained continuously throughout the storm season.
64. The following minimum Best Management Practices (BMPs) shall be required during construction:
A. Construction crews shall be instructed in preventing and minimizing pollution on the job.
B. Stabilize construction entrance/exit to prevent tracking onto roadway. Only one stabilized construction entrance/exit will be allowed per site. Vehicles entering and leaving construction sites spread pollutants such as sediment, gravel, and other loose particles onto adjacent roads. Pollutants are washed into roadside ditches and are a nuisance to drivers and may cause damage to vehicles.
C. Protect exposed slopes from erosion through preventative measures. Cover slopes to avoid contact with storm water by hydro-seeding, mulch, use of plastic sheeting or other approved means.
D. Use brooms and shovels, when possible, to maintain a clean site. Use of a hose is not recommended. Introducing water as a cleanup method adds to water pollution.
E. Designate a concrete washout area, if needed, to avoid wash water from concrete tools or trucks from entering storm drain systems. Maintain washout area and dispose of concrete waste on a regular basis.
F. Establish a vehicle storage, maintenance, and refueling area, if needed, to minimize the spread of oil, gas, and engine fluids. Use of oil pans under stationary vehicles is strongly recommended.
G. Protect drain inlets from receiving polluted storm water through the use of filters such as fabrics, gravel bags or straw wattles.
H. Be prepared for rain and have the necessary materials onsite before the rainy season.
I. Inspect all BMPs before and after each storm event. Maintain BMPs on a regular basis and replace them as necessary, through the entire course of construction. 312 of 403
Prior to Acceptance of Public Improvements and Bond Exoneration, the Following Conditions of Approval Shall Be Satisfied
65. All improvements shown on the Improvement Plans shall be completed and accepted by the City.
66. Prior to acceptance of improvements or occupancy of buildings, existing curb, gutter and sidewalk to remain shall be inspected by the City. Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced.
67. The developer shall provide a written statement signed by his or her engineer verifying that the grading and/or drainage improvements are completed in accordance with the plans approved by the City Engineer, and the Building Official.
68. A complete set of As-Built or Record improvement plans showing all constructive changes from the original plans, shall be provided to the Public Works Department prior to final acceptance of the public improvements.
BUILDING DIVISION
69. The proposed buildings, 6 structures with a total of 177 living units with commercial units on the ground floor and residential on two floors above the ground floor are considered apartment buildings and the occupancy is considered as R-2. The Community Center and Swimming Pool area are considered A-3 and A-4 occupancies, respectively.
70. Detail the Areas of Refuge, stairwell fire rated construction, elevator size and hoistway details.
71. All features are to be accessible in the Community Center and pool areas including the spa in the pool, outdoor kitchen, and all outdoor facilities. Provide a code analysis for the Community Center for occupancy classification, type of construction and a fixture count for the facilities serving the spaces.
72. The site is required to be accessible throughout and all ground floor entrances on the accessible path.
73. All utilities to buildings and units are required to be sized in accordance with the current Electrical and Plumbing codes.
74. Living units are required to be constructed in accordance with CBC Chapter 11A and 11B and applicable. Clearly identify required accessible/adaptable units identify the number required and the number provided.
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75. Provide complete structural plans and calculations coordinated with the architectural plans.
76. Provide Title 24 Energy Documentation for Lighting, Building Envelope, Heating and Cooling.
77. The Project is required to comply with current CALGreen requirements and Mandatory Measures level. The worksheets are to be printed on plan sheets in the plan set.
78. The Project requires a Geotechnical Report. The report shall provide design recommendations based upon the engineer’s findings and shall comply with CBC Section 1803. [§107.2 CBC]
79. The Project requires a grading permit. Provide complete grading plans for the site and each parcel. Provide cut and fill calculations.
RANCHO ADOBE FIRE PROTECTION DISTRICT
80. The plans indicate that the housing buildings will be three stories in height. The Project shall conform to the California Fire Code, and depending on the final construction drawings may require aerial apparatus access to the buildings.
81. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles in accordance with Section 505.2. No combustible construction shall begin until fire department access roads and fire hydrants are in service. (CFC 501.4)
82. Pursuant to California Fire Code Appendix D105.3, plans submitted for purposes of construction shall relocate streetlights and obstructive landscaping adjacent to aerial apparatus access areas identified on the proposed plans, subject to Fire Marshal review and approval.
83. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders. CFC D103.1
84. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. (CFC 503.1.1) 314 of 403
85. Multiple-family residential projects having more than fifty (50) dwelling units shall be provided with two (2) separate and approved fire apparatus access roads. (CFC D106.1)
86. Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. (CFC 503.2.4)
87. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. (CFC D105.1)
88. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. (CFC C105.2)
89. An approved automatic fire sprinkler system shall be installed and maintained in all newly constructed buildings with Group R occupancy. (CFC 903.2.8)
90. The fire sprinkler system requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cuts sheets and calculations. This system shall comply with NFPA-13R.
91. An approved fire alarm system shall be installed and maintained in all new constructed R-2 occupancies. Installation of the fire alarm system requires plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cut sheets and calculations. This system shall comply with NFPA-72. (CFC 907.2.9 and 907.2.10)
92. New and existing buildings shall be provided with approved illuminated address numbers or letters. They shall be contrasting with the background and be plainly visible from the street or road fronting the property. Address numbers shall be Arabic numerals or alphabetic letters. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall comply with the City of Cotati Standards. (CFC 505.1)
93. Numbers for Other Than One- and Two-Family Dwellings. Each address identification character shall not be less than twelve inches (12") high with a minimum stroke width of one inch (1"). Suite and unit directional numbers shall be not less than six inches (6") in height with a minimum stroke width of three-quarter inch (0.75”). Individual unit numbers shall not be less than four inches (4") in height with a minimum stroke width of one-half inch (1/2"). (CFC 505.1.20)
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94. Provide a Complex Directory. Where two (2) or more buildings cannot be viewed from the public way or when determined to be necessary by the Fire Code Official, an approved illuminated complex directory, monument pole, or other approved address sign is required. (CFC 505.1.3)
95. A fire flow analysis is required to be submitted for review and approval at time of Building Permit Application. Fire Department approval will not be granted without a fire flow analysis.
96. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life saving or fire-fighting purposes, the fire code official is authorized to require a key box be installed in an approved location. The key box shall be of an approved type listed in accordance with UL-1037 and shall contain keys to gain necessary access as required by the fire code official. Installation of the key boxes requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cuts sheets and calculations. This system shall comply with CFC Section 506.
97. All new buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication system of the jurisdiction at the exterior of the building. The owner/project applicant shall conduct appropriate testing and/or provide emergency responder radio coverage approved by the Fire Protection District. Installation of the emergency responder radio coverage system requires approved plans and permit from the Fire Protection District prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cuts sheets and calculations. This system shall comply with CFC Section 510.
98. All Photo-Voltaic installations shall be submitted to the Building Official and Fire Official for review and permitting prior to installation. All required clearances per CFC Chapter 12 shall be provided.
99. The applicant shall coordinate with RAFPD for the location of trees along aerial apparatus access roads for proposed location, size and height in order to not obstruct aerial apparatus operations now and into the future (see condition #84).
CALTRANS
100. The development accounts for SR 116 widening by means of a dedication. Please ensure the dedication takes place prior to permit issuance and that the area dedicated is unencumbered (not accepted subject to any easements). 101. An encroachment permit will be required for any work done inside State right of way. At that time, detailed information regarding any connections and or modifications to State drainage systems must be provided. In addition, any engineering calculations for onsite systems out-letting to State drainage systems (pipe or ditch) must be provided, such as flow rates for shed areas, detention time for detention basins, etc. 316 of 403
102. If additional runoff is generated from the site and drains towards highway 116, the runoff must be metered to pre-construction levels.
103. Commercial Driveways. Commercial driveways should be limited to the following maximum widths:
A. When the driveway is used for one-way traffic, the maximum width should be 25 feet. If the driveway serves a large parcel, where large volumes of vehicles or large vehicles are expected, the entrance maximum width should be 40 feet and the exit maximum width should be 35 feet.
B. When the driveway is used for two-way traffic, the maximum width should be 35 feet. If the driveway serves a large parcel, where large volumes of vehicles or large vehicles are expected, then the maximum width should be 45 feet.
CEQA/ENVIRONMENTAL
The environmental review concludes that the Project, through the implementation of mitigating policies and actions in the Cotati General Plan and the uniformly applied regulations of Federal, State, and Local governments, would not result in environmental Impacts. To support this conclusion, the following conditions of approval are required to ensure implementation of applicable mitigation measures and policies set forth in the General Plan EIR. Some of the following mitigation measures may be the same as or similar to other conditions of approval, but are cited here again to conform to the environmental analysis document. 104. AES-1: Prior to issuance of a building permit, the applicant shall submit a final lighting plan and the City shall verify that the final lighting plan complies with applicable requirements set forth in Section 17.30.060 of the Cotati Municipal Code, in accordance with General Plan Action OS1f to minimize off-site and night sky impacts of outdoor lighting.
105. AQ-1: During any construction period ground disturbance, the Project will ensure that the Project contractor(s) implement the following measures to control dust and exhaust that are recommended by BAAQMD and listed below:
A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
C. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
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D. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
E. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
F. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
G. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
H. Designate a Disturbance Coordinator and post a publicly visible sign with the telephone number of the Disturbance Coordinator to contact regarding dust complaints. The Disturbance Coordinator shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
106. AQ-2: All contractors shall implement a Construction Minimization Plan including feasible measures to reduce diesel particulate matter emissions from new construction by 70 percent as follows:
A. All off-road mobile construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for PM (PM10 and PM2.5). Note that engines meeting the U.S.
EPA Tier 2 or 3 standards that include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices would meet this standard.
B. Provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment.
C. Alternatively, use zero-emission or non-diesel fueled equipment. 107. BIO-1: Prior to site preparation, grading, or construction, the applicant shall take the following actions:
A. If any work occurs between September 1 and January 31, a qualified biologist shall follow the California a Department of Fish and Game (now CDFW) 2012 Staff Report on Burrowing Owl Mitigation (CDFW 2012 Staff Report) habitat assessment and survey methodology prior to Project activities occurring. The habitat assessment and surveys shall encompass a sufficient buffer zone to detect owls nearby that may 318 of 403
be impacted. Time lapses between surveys or Project activities shall trigger subsequent surveys, as determined by a qualified biologist, including but not limited to a final survey within 24 hours prior to ground disturbance and before construction equipment mobilizes to the Project area. The qualified biologist shall have a minimum of two years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report, unless otherwise approved in writing by CDFW, and any eviction plan shall be subject to CDFW review.
B. Prior to demolition of existing structures and trees, the biologist shall perform bat roost emergence surveys no more than 7 days prior to the start of activities outside of the hibernation period (November 1 to March 1). If bats are found, a bat exclusion plan shall be prepared and submitted to CDFW to include the following:
1) Bats shall be excluded between March 1 (once overnight low temperatures exceed 45 degrees Fahrenheit) and April 15, or between September 1 and October 15 to ensure no impact to maternity roosting occurs. Once bats have been fully excluded, the structure may be demolished or removed.
2) If a maternity roost is found, a replacement roost must be established either on‐site or at a nearby off‐site at a permanently protected location in consultation with CDFW.
3) Tree removal for trees greater than 16‐inch dbh shall be performed using the three‐step removal process. First the crown or upper 1/3 of the tree shall be removed and any limbs removed and left overnight. Next, the rest of the tree shall be felled and left overnight. On the third day, the biologist shall examine the felled tree to make sure any bats have escaped prior to chipping on‐site or hauling to an off‐site location for disposal.
C. The applicant shall consult with the California Department of Fish and Wildlife prior to the start of any ground-disturbing activities to confirm with CDFW that the Project would not result in impacts to CESA-listed species/special status species. 108. BIO-2: Prior to issuance of a demolition or grading permit, the applicant shall secure wetland mitigation credits for impacted waters of the State at a 1:1 ratio from an approved bank within the same conservation area or in proximity as feasible and provide evidence of procurement to the City. During all frontage work and construction activities occurring within 25 feet of wetlands as mapped by the “Draft Aquatic Resources Delineation Map for SR-116 and West Cotati Ave Project” prepared by Monk and Associates on August 23, 2023, the applicant/contractor shall install and maintain exclusion fencing precluding inadvertent access to wetlands to be preserved. 109. BIO-3: To prevent any potential affects to nesting birds, the following actions shall be taken:
A. If construction begins between February 1 and August 31, a pre‐construction nesting bird (both passerine and raptor) survey of the habitats within 500 feet of all work 319 of 403
areas shall be performed within 7 days of groundbreaking. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days between February 1 and July 1.
B. If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist. The radius of the required buffer zone can vary depending on the species, with the dimension of any required buffer zone to be determined by a qualified biologist.
C. To delineate the “no‐work” buffer zone around a nesting tree, orange construction fencing must be placed at the specified radius from the base of the tree within which no construction related activity or machinery shall intrude. 110. BIO-4: The applicant and all contractors shall implement the tree preservation and protection conditions of the Tree Removal Permit and comply with all regulations and replacement requirements in Municipal Code Chapter 17.54 for any trees that are intentionally or accidentally removed or damaged during Project construction. 111. CUL-1: In the event that cultural resources or human remains are inadvertently discovered during ground disturbing activities, the following conditions shall apply:
A. If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Community Development Department shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Community Development Department.
B. If human remains are discovered during any ground disturbing activity, work shall stop until the Community Development Department and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Community Development Department. • If the skeletal remains are found to be prehistoric, Native American and not modern, then the coroner must call the Native American Heritage Commission in Sacramento that will designate the “Most Likely Descendant” (or MLD) of the discovered remains. The MLD will be responsible for recommending the disposition and treatment of the remains (before construction is resumed).
Although the likelihood of encountering human skeletal remains in the Project 320 of 403
area seems slight, it is important to have a procedure for alternate tasks that can be put into effect quickly in the event that human remains are discovered. This allows for work to continue elsewhere on the Project area (where appropriate given the size of the property and location of the discovery) while the remains are properly investigated.
C. If any prehistoric artifactual materials such as modified obsidian flakes or formed tools or concentrations of natural obsidian nodules are observed during any phase of grading or future construction on the property, all work in the vicinity of the find shall be stopped until the area of the discovery can be evaluated by an archaeologist.
Depending on the extent and cultural composition of the discovered materials, subsequent excavation monitored by an archaeologist may be required, who shall be ready to record, recover and/or protect significant artifactual materials from further damage.
112. GEO-1: The Project shall implement recommendations from the geotechnical reports associated with the site, including the Geotechnical Investigation Report (June 29, 2000) prepared by Kleinfelder (Appendix G); Pavement Design Criteria for Cotati Village Development (August 24, 2007) and Pavement Recommendation Letter (December 16, 2021), prepared by Miller Pacific Engineering Group (Appendix H); Update to Table A (April 26, 2007) prepared by Miller Pacific Engineering Group on November 3, 2023 (Appendix H);
At the time of permit application submittal, the applicant shall include a letter, together with the geotechnical analyses, from the Project’s geotechnical engineer certifying that all recommendations in the Project’s geotechnical analyses meet current geotechnical design standards and that all applicable recommendations have been incorporated into the construction plans. Where the geotechnical engineer recommends technical changes to the recommendations in any of the geotechnical analyses, such changes shall be clearly identified in the letter.
All recommendations shall be incorporated into the project design, construction documents and improvement plans, or as otherwise determined by the City Engineer and/or Chief Building Official. The Project’s geotechnical engineer shall inspect the construction work and shall certify to the City, prior to issuance of a certificate of occupancy, that the improvements have been constructed in accordance with the geotechnical analyses.
113. HAZ-1: Prior to construction, the applicant shall prepare a Lead Compliance Plan and a Soil Management Plan in compliance with current Caltrans guidelines, and a worker Health and Safety Plan. The plans shall address:
• Sampling and analysis of soils prior to earth-moving work • Transportation and disposal of any contaminated soil in compliance with state and federal law
• Worker health and safety during the handling of potentially hazardous soils 321 of 403
114. HYD-1: The applicant shall submit a Storm Water Prevention and Pollution Plan (SWPPP) and erosion and sediment control plan for approval by the City Engineer prior to the issuance of a building permit. The SWPPP shall include Best Management Practices for construction activities as well as accounting for any BMPs required for operational activities. The SWPPP shall incorporate the requirements of all applicable federal, state, and local regulations. Submitted plans shall also demonstrate compliance with City of Cotati Municipal Code Chapter 13.68 Storm Water Ordinance and Chapter
14.36 Erosion and Sediment Control.
115. HYD-2: The applicant shall submit final drainage plans including a final Stormwater Low Impact Development and Stormwater Mitigation Plan for review and approval by the City Engineer prior to issuance of the building permit. 116. NOI-1: Prior to issuance of the building permit, the applicant shall submit final design plans that incorporate and certify the inclusion of noise attenuation measures as identified in the Noise and Vibration Analysis prepared by Illingworth and Rodkin (Appendix L), consistent with General Plan and Building Code Standards, including the following:
A. Apartments located in Buildings A,B, and C which are adjacent to and/or with a clear view of traffic on SR-116, shall be equipped with a mechanical ventilation system(s) to supply fresh air via an acoustically rated straight air transfer duct such as the Fresh 80, 90 or 100-dB units by Fresh Ventilation or an equivalent unit or other system deemed satisfactory by the local building official, to provide adequate fresh air to the residences with closed windows.
B. The apartments in Buildings A, B, and C, which are adjacent to and/or with a clear view of traffic on SR-116, shall have exterior wall assemblies, windows and doors designed to maintain interior noise levels at or below 45 dBA Ldn with closed exterior doors and windows.
C. Exterior sound transmission control shall be incorporated in the design of commercial spaces in buildings A and C using either the prescriptive (section 5.507.4.1) or performance (section 5.507.4.2) analysis methods. Under the performance method, wall, window, and roof-ceiling assemblies adjacent to Highway 116 shall be constructed to provide an interior noise environment attributable to exterior sources that does not exceed an hourly equivalent noise level (Leq-1Hr) of 50 dBA in occupied areas during any hour of operation.
117. NOI-2: The Project shall implement best management practices to minimize construction-related noise impacts as set forth in Action N1h of the General Plan, as listed below, and shall meet all applicable noise standards as set forth in Section
17.30.050 of the Cotati Municipal Code:
A. Noise-generating construction activities, including truck traffic coming to and from the construction site for any purpose, shall be limited to between the hours of 7:00 am 322 of 403
and 7:00 pm on weekdays and 9:00 am and 5:00 pm on Saturdays. No construction shall occur on Sundays or holidays.
B. All equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
C. The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
D. At all times during project grading and construction, stationary noise-‐generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from residences.
E. Unnecessary idling of internal combustion engines shall be prohibited.
F. Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction.
G. Neighbors located adjacent to the construction site shall be notified of the construction schedule in writing.
H. The construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise.
The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and institute reasonable measures as warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.
118. REC-1: Prior to issuance of the building permit, the applicant shall dedicate one acre of parkland per 200 residents or pay an in-lieu fee as determined by the Community Development Director.
119. TRA-1: The southbound Alder Avenue approach to SR-116 shall be restriped to include separate left-turn and right-turn lanes as described by the 2023 Traffic Impact Study prepared by W-Trans. The restriping plan shall be submitted to the City Engineer for review and approval prior to building permit issuance. All required approvals shall be obtained from Caltrans and submitted to the City.
120. TRA-2: Final Project plans shall show the location and details of proposed bicycle parking on site based on final vehicular parking space counts and consistent with the requirements of Cotati Municipal Code Section 17.36.070. 121. TRA-3: Prior to issuance of a building permit, the applicant shall dedicate the required area (11 feet from the existing right of way) along the entire length of the Project frontage 323 of 403
along SR-116 for widening of the highway. The area dedicated shall be unencumbered (not accepted subject to any easements).
122. TRA-4: The Project shall comply with all requirements from Caltrans to address design, engineering, and operation requirements within the State right-of-way. Prior to commencing any work in the public right of way, the applicant shall secure an encroachment permit from Caltrans and provide the following to Caltrans:
A. Detailed information regarding any connections and or modifications to State drainage systems must be provided.
B. Any engineering calculations for onsite systems out-letting to State drainage systems (pipe or ditch) must be provided, such as flow rates for shed areas, detention time for detention basins, etc. If additional runoff is generated from the site and drains towards highway 116, the runoff must be metered to preconstruction levels.
The applicant shall provide a copy of the approved encroachment permit to the City prior to commencing work within the public right of way. 123. TRA-5: Final design and landscaping plans shall be submitted and show compliance with Cotati Municipal Code (CMC) Section 17.30.040(c)(2). Final landscaping plans shall include the specific plants that will be placed in the traffic safety visibility area (see CMC Section 17.30.040.E) and their maximum projected height which shall be no taller than 36 inches except for trees with their canopy trimmed to a minimum of eight feet above grade. These standards shall be applied to intersections between the multi-use path and any intersecting streets or driveways.
124. UTI-1:The final plans and utility demand study are required to be submitted to the City Engineer to confirm water demand and wastewater generation of final Project design can be met by utilities prior to permit issuance.
125. UTI-2:The applicant shall submit landscape and irrigation plans for plantings at the time of the Improvement Plan submittal package. All landscaping and irrigation shall comply with the City Water Efficient Landscape Ordinance (WELO) and is subject to review and approval by the City Engineer. Prior to issuance of a certificate of occupancy, all plantings and irrigation systems in the approved final landscaping plan shall be completed.
126. UTI -3: The applicant shall execute a City standard Public Improvement Agreement to address the proposed public improvements. The agreement shall address design, construction, dedication of and City acceptance of the public improvements. The agreement shall include and engineer’s cost estimate for the public improvements, security for the completion of these improvements, an initial deposit and execution of the City’s deposit account agreement for City inspection of the construction of the public improvements. The agreement shall be submitted for review and approval by the City. 324 of 403
The agreement shall also address the ownership, maintenance, lighting, parking, access and shall be recorded against the lands of the Project. 127. MF-1: The applicant shall coordinate the Project’s construction activities and construction schedule with the City to coordinate the concurrent construction of projects immediately adjacent to the Project site and ensure that overlapping lane closures, periods of increased noise and dust generation are minimized to the extent practicable.
ADDED BY THE COTATI PLANNING COMMISSION (02-05-2024)
128. The Project design shall be amended and the plan set updated to address the following items submitted for Final Design Review and approval:
A. Incorporate north/south pedestrian access along the eastern property line from Highway 116 to the flag-shaped park located on APN 046-286-021. This should include removal of the proposed carports located between Batchelor Drive and the park.
B. Include traffic calming elements to reduce vehicle speed along Batchelor Drive, most notably in front of the central common area and community building.
C. Consider modifying the building design to add character and accents by using different color and siding materials.
D. Consider relocating the trash enclosures located along Ford Lane to the western parking area along Alder Avenue.
129. The proposed wall/fence that separates the Cotati Village Project from the Cotati Cottages shall be installed prior to construction or as soon as feasibly possible after construction begins.
130. The construction management plan shall include provisions for pest control and traffic management. Construction access shall not be from Ford Lane. 131. Applicant shall consider the use of playground equipment that is accessible to children with physical disabilities.
132. Applicant shall consider installing wiring and infrastructure to support electric vehicle (EV) charging at all proposed parking spaces.
133. The Planning Commission’s recommendation includes a recommendation that the City Council work with staff to explore prohibiting truck traffic on Alder Avenue (i.e. weight limits) and take the necessary actions to prevent truck traffic on Alder Avenue. *****
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IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on February 27, 2024, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: TELECOMMUNICATION ORDINANCE UPDATE
Date: February 27, 2024
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Planning Commission that the City Council introduce and conduct the first reading of an ordinance to amend Chapters 17.22, 17.44 and 17.90 of the Cotati Municipal Code to allow telecommunication facilities in the OSR, CE, CG, CD, NG and CA Zoning Districts, subject to Use Permit approval.
Background
Legal Framework Overview
The City’s consideration of wireless facility projects is governed by Cotati Municipal Code (CMC) Section 17.44,.The purpose of this section is rather broad and is identified as: “This chapter establishes development standards consistent with federal law to regulate the placement and design of communication facilities so as to preserve the unique visual character of the city, promote the aesthetic appearance of the city, and to ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the city.” However, the City’s authority to regulate telecommunication facilities has diminished over time, as various state and federal regulations have been adopted that preempt the City’s Ordinance and the adopted regulations have not kept pace with the changing state and federal regulations. A general overview of the impact of these laws on the City’s ability to regulate telecommunication facilities is provided below.
State & Federal Law Limitations – Substantive
· Telecommunications Act of 1996 (47 USC §332) - Limits the City from either conditioning or denying projects based on radio frequency emissions (“RF”) concerns, if the proposed facility complies with federal RF standards.
· Co-location of Facilities (6409 Eligible) - Certain projects that propose co-location of wireless facilities must be approved by the City (if certain standards are met). 327 of 403
· Public Utility Code Section 7901 - Grants telephone companies (wireless communication carriers) a state-wide franchise to construct telephone equipment in the public rights of way (ROW).
· Public Utility Code Section 7901.1 - Preserves local control as to the “time, place and manner” in which the right of way is accessed, including placement and appearance.
State & Federal Law Limitations – Procedural & Fees
· Federal Communications Commission (FCC) Declaratory Ruling – 2018 - Small cell wireless facilities. The FCC order: a) limits local permitting and discretion; b) establishes new/shorter time limits and deadlines for processing and action; c) limits the fees that can be charged; and d) requires advanced publication of any aesthetic regulations and fees. · California Government Code Section 65964.1 - Deems approved any application for new or substantially changed wireless facilities when time limits and deadlines are not met (subject to specific noticing requirements).
Timeframe for Action
State and federal law set specific time frames for action on wireless facility applications (i.e., a “Shot Clock”). Except in instances when the City has entered into a tolling agreement with the applicant, the review authority must approve, approve with conditions, or deny wireless facility projects within the time frames provided below. 328 of 403
The timeframes for action begin at application submittal and are “tolled” or paused when an application has been found to be incomplete. The City has 30-days to determine whether an initial application is complete. If the application is not complete, the City must provide a written incomplete notice to the applicant that cites any application defects.
After the applicant responds, if the application remains incomplete for any reasons stated in the original incomplete notice, the City must issue a second incomplete notice within 10 days (for GC Section 6409 and small cell applications). In all cases, the City cannot deem an application incomplete for reasons not cited in the first notice. Time frames are not tolled to allow for noticing or appeals. The following requirements apply to the City’s processing timelines for different types of telecommunication facilities:
• 60-days: 6409(a) modification application and collocated or attached small wireless facilities
• 90-days: Colocation of non-small cell wireless facilities • 150 days: Installation of non-small cell wireless facilities on existing support structures; New small wireless facilities that include new support structures; New non-small cell wireless facilities that include new support structures Conclusion- Impact of State/Federal Law
The state and federal laws discussed above include both substantive and procedural limitations on the City’s authority. Collectively, these limitations require the City to process applications based on specific information and within certain prescribed timelines. In addition, the City is limited on the amount of fees that can be collected for review of wireless permit applications.
Given that the last update to the City’s telecommunication regulations occurred in 2001, the adopted policies governing the development of these facilities need to be updated.
Analysis/Discussion
Although the identified purpose of the ordinance is to (among other things) “…ensure public safety and…the community benefit…of advanced communication services…”, telecommunication facilities are currently only allowed within the Public Facilities (PF) and Industrial zoning districts. In response to this limitation, T-Mobile has filed a zoning code text amendment application proposing to allow telecommunication facilities in all of the City’s commercial zoning districts (Commercial, East Cotati Corridor (CE), Commercial, Gravenstein Corridor (CG) and Downtown Commercial (CD)). This request is supported by analysis (conducted by T-Mobile) identifying that the current zoning limitations only allow telecommunication facilities on approximately 3% of the city parcels (Attachment 2.5). City staff is proposing to expand this allowance to include the Open Space Recreation (OSR), Northern Gateway (NG) and Commerce Avenue (CA) zoning district as well, in keeping with the purpose of the existing ordinance and to ensure adequate coverage of the cellular network can be provided to Cotati residents into the future. These changes are identified in red text on a modified version of Chapter 17.22 Allowable Land Uses,
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Tables 2-2 and 2-3 (Attachment 3). A copy of the City’s Zoning Map is also provided as an attachment to facilitate understanding of the locations proposed to allow telecommunications infrastructure (Attachment 2). Additional information has been provided by T-Mobile in support of their request and is attached to this report.
Other proposed changes included within the proposed Ordinance include addressing elements of the ordinance which are out of compliance with updated state and federal regulations such as which telecommunication projects are exempt from local control (17.44.030 2.), and when such projects are reviewed administratively (17.44.050 B). Development standards (height, setbacks, attachment methods, etc.) and performance standards (noise, lighting, signage, etc.) are generally proposed to remain the same, however an allowance to modify these standards to meet service expansion goals of the project is proposed by T-Mobile to be included within the updated telecommunications ordinance (17.44.065). Additionally, allowances to modify the required setbacks for a telecommunications tower are proposed when adequate safety measures are provided and demonstrated.
Finally, the City’s Telecommunications facility definition is proposed to be updated to include definitions for “breakpoint technology” and “stealth design”. As the industry has matured, these elements have become standard design features and staff finds it is critical to incorporate these terms into the definition of the telecommunications facility.
The proposed draft ordinance is attached in redline/strikethrough format, with changes proposed by the applicant indicated in blue, and additional revisions proposed by Community Development staff identified in red. These changes are specifically identified in Attachment 5.
I. General Plan Consistency
The Community Services and Facilities, Economic Vitality, Land Use and Open Space chapters of the 2015 Cotati General Plan include several goals, policies and objectives which support the proposed amendments to the telecommunication regulations identified in the Cotati Municipal Code (CMC). Specifically, this direction includes:
Goal CSF 1 Provide high quality public services and facilities to all residents, businesses and visitors in Cotati
Policy EV 1.2: Ensure the long-term public services and infrastructure needs of the community are met as part of the overall approach to economic vitality and sustainability.
Goal LU 3 Provide for a range of Commercial, Industrial and Mixed Uses to provide Cotati’s residents access to jobs and employment to support the local economy.
Policy LU 4.1 Ensure that public facilities, services and amenities are distributed in a manner that enhances the quality of life for the broadest number of Cotati’s residents.
Objective OS 1C Balance Open Space conservations with economic development needs. 330 of 403
The Cotati General Plan can be found at:
https://www.cotaticity.org/DocumentCenter/View/256/General-PlanPDF Staff Response:
Staff finds that the requested amendments to the CMC implement and further the 2015 General Plan goals, policies and objectives in that these changes will allow higher quality telecommunication services throughout the City ensuring the long-term infrastructure needs are met; will provide a wider range of uses on commercial and public spaces through-out the City; will help to more evenly distribute the available telecommunication services throughout the City; and that the proposed changes seek to balance the goals of conserving the available open space while also expanding access to telecommunication service.
Financial Considerations
Staff finds that there are no direct impacts to the General Fund that would result from adoption of the proposed ordinance. Additional revenue could be realized in the future as more Cityowned locations would be made available for the installation of telecommunication infrastructure, which would result in lease revenue from the use of City-owned property.
Environmental Issues
As identified above, staff and the Planning Commission have identified that the proposed revisions and amendments to the Cotati zoning standards governing telecommunication facilities closely meet and implement the goals, policies and objectives to the 2015 General Plan. Given this, staff finds that these proposed revisions conform to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR. Section 15183 of the CEQA Guidelines mandates that projects which are determined to be consistent with the development expectations 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 project- specific significant effects which are peculiar to the project or its site. This focused analysis should be limited to potential environmental impacts of the project not anticipated or analyzed in the Cotati General Plan’s program level EIR. Staff finds that all adopted mitigating General Plan policies and mitigation measures identified in the 2015 General Plan EIR will address any potential environmental impacts of the proposed code changes.
Further, project specific environmental analysis of any future proposed telecommunication facilities proposed under these revised policies will be required and will allow project specific impacts not previously identified or anticipated to be addressed. 331 of 403
ATTACHMENT 1 - PROJECT NARRATIVE
PROPOSED LAND USE CODE TEXT AMENDMENT FOR WIRELESS TELECOMMUNICATION
FACILITIES
1. The need for the requested land use code text amendment.
I. Purpose of Proposed Text Amendment
The purpose of the requested text amendment is to facilitate the deployment of Wireless Telecommunication Facilities (WTF) within the City’s commercial zoning districts. As presently drafted, Cotati’s Land Use Code confines the permitted locations for WTFs exclusively to public facility and industrial districts only (please refer to Code Section 17.440.050 and Chapter 17.22, Table 2-3). This restriction significantly limits deployment possibilities throughout the majority of the City. A comprehensive analysis using GIS data underscores this constraint: under the prevailing regulations, only about 3% of the City's total parcels are eligible for WTF siting (refer to Attachment 3 – GIS Map).
Consequently, T-Mobile is hindered from effectively providing service to the community of Cotati under the existing regulatory framework.
Additional text amendments have been proposed to modernize the City's WTF design and development standards, to ensure compliance with federal law, and to introduce the necessary conforming amendments to the definitions and allowable use tables. Specifically, we request text amendments to Chapter 17.44 (Telecommunication Facilities), Chapter 17.22 (Allowable Uses), and Chapter 17.90 (Definitions). A comprehensive outline of all the proposed text amendments is provided below, in section 4 of this document.
II. Enhancing T-Mobile’s network in Cotati
T-Mobile is looking to build a new WTF in the city of Cotati in order to improve and enhance wireless communication services for T-Mobile customers in the business district of East Cotati Avenue and in the surrounding neighborhood. This facility will allow T-Mobile to provide more reliable wireless service with fewer dropped calls, improved call quality, and improved access to additional wireless services that the public now demands. This includes emergency 911 calls throughout the area.
T-Mobile’s radio frequency (“RF”) engineers performed an RF engineering study, considering multiple objectives, to determine the approximate site location and antenna height required to fulfill the network objectives for the targeted service area. From this study, T-Mobile’s RF engineers identified a “search ring” area where a WTF may be located to provide effective service in the target coverage area.
Cotati's current telecommunication facilities code precludes T-Mobile from proposing a new site within the identified search ring area given that WTF are not currently an allowable land use in the commercial zoning districts. This restriction makes it infeasible for T-Mobile to position a facility where it would be able to fulfill the technical service objectives for the East Cotati commercial corridor and surrounding neighborhood. Site locations within the currently permissible zoning districts, including the public facilities and industrial districts, would also not be able to achieve the service T-Mobil’s technical service objective for this area of Cotati. For a detailed overview of the challenges encountered during the site search, please refer to Attachment 4 – Site Analysis.
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III. The Critical Role of Wireless Infrastructure in Cotati The community of Cotati, much like the broader society, has witnessed a significant shift in communication methods over the past few decades. While we relied on landlines for over a century, the rapid technological evolution of the past 15 years has transitioned us into a predominantly wireless society. Today, 97% of Americans possess a cell phone, with 85% of those being smartphones.1 Strikingly, over 72% of California households now exclusively use wireless communication, a trend that becomes even more pronounced among certain demographics, with 81% of children and 85% of renters in wireless-only households.2 This transition to wireless is further evidenced by the fact that of the 240 million calls made to 911 in the U.S. each year, a staggering 80% or more come from wireless devices in many areas. 3
The rise of smartphones marked a pivotal shift in how our society communicates. No longer limited to voice-only networks, mobile networks are now data driven networks, facilitating the exchange of videos, texts, photos, and livestreaming. As data demands on the network continue to grow year over year, it's projected that wireless data consumption will grow by 20% annually through 2028. 4.
This digital transformation, catalyzed further by the COVID-19 pandemic, has underscored the importance of reliable wireless connectivity. For instance, in just one month during 2020, telehealth visits surged by 154%.5 Concurrently, distance-education courses experienced a 65% uptick since 2018.6 As the nature of work and learning continues to evolve, with 67% of companies now considering sustained or permanent remote working structures,7 it’s important for cities like Cotati to ensure that the City’s WTF regulations enable providers to provide continued network improvements so that the City’s wireless infrastructure is capable of handling these burgeoning demands, especially in residential and commercial zones.
2. How the proposed amendments are consistent with the goals and policies of all elements of the General Plan.
The proposed amendments are consistent with and act to advance the following goals and polices of the Cotati General Plan.
I. Circulation Element
GOALCI 1 Create a Circulation Network That Reinforces the Desired Land Use Pattern for Cotati and Provides for the Safe and Efficient Movement of People and Goods to All Parts of the City. 1 https://www.pewresearch.org/internet/fact-sheet/mobile/ 2 https://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless202305.pdf 3 National Emergency Number association (NENA)
4 https://www.ericsson.com/en/reports-and-papers/mobility-report/dataforecasts/mobile-traffic-forecast 5 Trends in the Use of Telehealth During the Emergence of the COVID-19 Pandemic — United States, January– March 2020, CDC.gov
6 Reimagining higher education in the United States, McKinsey, 2020 7 COVID-19 Shakes Up the Future of Work, S&P Global, June 2020 333 of 403
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GOAL CI 3 Reduce Vehicle Miles Traveled (VMT) in Order to Reduce Congestion and Help Achieve Regional Efforts to Reduce Greenhouse Gas (GHG) Emissions .
Improved wireless services support real-time transit information and facilitate the use of ridesharing, bike-sharing, wayfinding, and micro-mobility services, offering convenient alternatives to singleoccupancy vehicle travel. Reliable wireless connectivity is essential for remote work and telecommuting.
By enhancing wireless services, the proposed amendments support the ability of residents to work from home, reducing the need for commuting and thereby decreasing VMT.
II. Community Health & Wellness
GOAL CHW 2 Ensure Convenient Access to Health Care for City Residents and a Wide Range of Healthcare, Community Health Centers, and Mental Health Care Facilities in and Around Cotati.
Improved wireless communication services are vital for emergency and telehealth services. It ensures quick and reliable communication between healthcare providers, community health centers, mental health care facilities, and emergency responders, enabling timely response and thereby safeguarding the health and well-being of Cotati residents.
III. Community Services & Facilities
GOAL CSF 1 Provide High Quality Public Services and Facilities to All Residents, Businesses, and Visitors in Cotati.
The proposed amendments contribute to providing high-quality public services by improving and expanding wireless telecommunications infrastructure, thereby enhancing connectivity for residents, businesses, and visitors in Cotati. Enhanced telecommunications infrastructure ensures reliable communication services, which are fundamental to public services and the overall quality of life.
IV. Conservation
Policy CON 2.12: Encourage public transit, ridesharing and van pooling, shortened and combined motor vehicle trips to work and services, use of bicycles, and walking. Minimize single passenger motor vehicle use.
The proposed amendments support this goal by improving connectivity, which facilitates the use of apps and services that encourage public transit, ridesharing, and trip planning. Enhanced telecommunications infrastructure can make alternative transportation options more accessible and convenient, thus minimizing single passenger motor vehicle use. In turn, this contributes to more sustainable transportation patterns in Cotati.
V. Economic Vitality
GOAL EV 1: Establish and Maintain a Healthy Local Economy That Includes a Diversity of Commercial and Industrial Enterprises Which Provide Goods, Services, and Employment Opportunities to Residents Consistent with Cotati's Small-Town Image.
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The proposed amendments align with this goal by enhancing connectivity, essential for commercial and industrial enterprises to thrive in today’s digital economy. Improved telecommunications infrastructure attracts diverse businesses, fostering economic growth, and offering varied employment opportunities, while maintaining Cotati's small-town image. Enhanced wireless services support both existing businesses and the establishment of new enterprises, contributing to a healthy, diverse local economy.
Policy EV 1.11: Encourage commercial uses that provide everyday goods and services for residents.
The proposed amendments foster this policy by enhancing connectivity, which is crucial for the operation and success of commercial entities providing everyday goods and services. Improved wireless infrastructure supports businesses in efficiently reaching and serving residents, thereby encouraging the growth of such commercial uses within Cotati.
Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of the existing commercial businesses.
The proposed amendments align with this policy by facilitating enhanced connectivity, fostering an environment conducive to the growth of new commercial enterprises in appropriately zoned areas.
VI. Land Use
Policy LU 1.2: Assign the following range of land use designations throughout the City and to parcels within the Urban Growth Boundary, as shown in the Land Use Map.
GENERAL COMMERCIAL (GC) – The General Commercial land use designation provides for the basic business and service needs of the local community, including shopping centers, neighborhood-oriented retail, and highway- oriented commercial uses. Office and multi-family residential land uses which are easily integrated into the adjacent districts are also appropriate in the General Commercial district.
The addition of WTF as allowable use in the commercial zones would enhance wireless services, a fundamental business and service need of the local community. Improved connectivity supports the functioning of shopping centers, retail, and other commercial uses, and is essential for both residential uses and office spaces. Additionally, the amendments help integrate modern telecommunications infrastructure into the built environment, which is vital for a connected community, thus furthering the goals of the GC land use designation.
GOAL LU 2: Enhance the Quality of Life of Cotati Residents Through the Creation and Maintenance of Well-Designed and Appropriately Served Neighborhoods.
The proposed amendments contribute to this goal by facilitating the expansion and enhancement of wireless telecommunication facilities, thereby improving connectivity and communication services in neighborhoods. Enhanced telecommunications infrastructure is a key component in well-designed, modern neighborhoods, contributing to the quality of life of Cotati residents. The amendments support the creation and maintenance of appropriately served and connected neighborhoods, aligning with the goal of enhancing the residents' quality of life.
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GOAL LU 3: Provide for a Range of Commercial, Industrial, and Mixed Uses to Provide Cotati’s Residents Access to Jobs and Employment and to Support the Local Economy.
The proposed amendments facilitate the provision of diverse commercial and industrial uses by enhancing connectivity, essential for various sectors to operate and thrive. Improved telecommunications infrastructure attracts and supports a range of businesses, offering employment opportunities and bolstering the local economy.
Policy LU 4.1: Ensure that public facilities, services, and amenities are distributed in a manner that enhances the quality of life for the broadest number of Cotati’s residents.
The proposed amendments align with enhancing telecommunications infrastructure, thereby supporting improved connectivity and access to essential services for a wider population in Cotati. By extending telecommunication facilities to commercial districts, the amendments are consistent with the City’s goal to enhance the quality of life for its residents through better distribution of public services and amenities.
VII. Noise
The overall purpose of the Noise Element is to address major noise sources and to promote safe and comfortable noise levels throughout Cotati. The proposed amendments focus on enhancing wireless telecommunication infrastructure, which inherently does not generate significant noise during operation. Any temporary noise produced during the construction phase can be managed and mitigated through compliance with existing noise ordinances and regulations. Therefore, the proposed amendments would not result in any adverse, long-term impacts on noise levels, aligning with Cotati's goal to maintain safe and comfortable noise environments.
VIII. Open Space
The proposed amendments pertain to expanding WTF’s as an allowable use within the commercial zoning districts and would not encroach upon or adversely affect open spaces. Therefore, the amendments maintain the integrity and preservation of open spaces within Cotati, ensuring no detrimental impacts.
IX. Safety
GOAL SA 1: Ensure the Safety of City Residents, Businesses, and Visitors from Hazardous Conditions, Including Natural Catastrophes and Human-Caused Emergencies.
The proposed amendments aim to improve telecommunications infrastructure, which is crucial for maintaining safety through enhanced communication capabilities during emergencies. Better connectivity ensures timely access to emergency services and information for residents, businesses, and visitors, thereby mitigating risks associated with hazardous conditions and emergencies.
3. How the proposal is internally consistent with other applicable provisions of the Land Use Code.
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T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
The proposed text amendments, which seeks to facilitate the deployment of WTF within the City’s commercial zoning districts and to modernize the development standards for such facilities, are internally consistent with several key provisions of the Land Use Code.
The proposal aligns with the overarching objectives of the Land Use Code to promote balanced, orderly, and sustainable development and enhance the quality of life for the community of Cotati. By expanding the allowable locations for WTF, and modernizing the design and development standards, the proposed amendment supports increased connectivity and improved communication services, essential components of a modern, thriving community.
Additionally, the proposed amendment is consistent with the Land Use Code’s emphasis on creating a comprehensive and stable pattern of land uses upon which public facilities and utilities can be planned.
The proposed amendments introduce a complementary use in the commercial districts that can coexist with existing commercial activities, thereby contributing to the economic vibrancy of these districts without undermining the existing character or functionality of the area.
Moreover, the proposed amendments maintain adherence to the Code’s aesthetic standards. The proposed amendments incorporate stealth design principles and reasonable height standards for WTF to minimize visual impact and ensure compatibility with surrounding land uses.
Finally, as the Land Use Code serves to implement the policies of the General Plan, the proposed amendments are supportive of Cotati’s General Plan goals and policies as outlined above, particularly those policies related to economic development and public safety. These proposed amendments foster technological innovation and strategically position Cotati to meet the evolving communication needs of its residents, businesses, and first responders.
4. Proposed text amendments
T-Mobile is applying for text amendments to the following sections of the Cotati Land Use Code:
I. Chapter 17.44 Telecommunications Facilities
a. 17.44.030 Applicability:
i. Section 17.44.030 (A): The proposed amendment introduces a provision for Eligible Facilities Requests to be exempt from the requirements of Chapter
17.44 Telecommunications Facilities. These proposed amendments are shown at new proposed code sections 17.44.030 (1) & (2).
In 2014, the Federal Communications Commission (“FCC”) adopted a rule to implement “Section 6409,”8 a federal statute governing modification of wireless facilities qualifying as “Eligible Facilities Requests” (“EFRs”).9 The overall purpose of Section 6409 and the FCC’s EFR rule is to help expedite broadband 8 Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 is codified at 47 U.S.C. § 1455(a). 9 47 CFR §1.6100. 337 of 403
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deployment by streamlining the local permitting process for modifications to existing wireless facilities.
The regulations implementing Section 6409 mandate approval for any proposed facility modification that does not result in a “substantial change” to the facility and complies with the requisite building and safety codes. Local zoning standards, such as height limitations, are preempted by federal law when a proposal qualifies as an EFR.
b. 17.44.040 Permit Requirements:
i. Section 17.44.040(A)(1): The proposed amendment seeks to more clearly define and broaden the types of WTF, which are proposed on existing structures, that would subject to the Minor Use Permit procedures rather than the Use Permit procedures.
This suggested approach aligns with the adjacent City of Rohnert Park's policy, where rooftop facilities not readily visible from the public right-of-way are subject to an administrative permit, rather than a conditional use permit. This tired permitting approach not only promotes the utilization of existing infrastructure but also encourages regional consistency. c. 17.44.050 Limitations on Location:
i. Section 17.44.050(A): The proposed amendment includes commercial zoning districts as allowable locations for WTF.
ii. Section 17.44.050(B): The amendment introduces a “ where feasible” stipulation for colocation.
Wireless carriers typically prefer to collocate on existing structures wherever feasible; however, there are instances where technical, logistical, leasing, or economic challenges make it impractical. The 'where feasible' clause ensures flexibility, acknowledging the range of factors that influence deployment decisions.
d. 17.44.060 Facility Design and Development Standards:
i. Section 17.44.060(A)(1): The proposed amendments at subsections (b) and (c) provide a revised setback ratio for ground mounted facilities and include a new provision which recognizes breakpoint technology.
The proposed transition to a 1:1 setback ratio for ground-mounted telecommunication facilities aligns with modern regulatory standards, reflecting a consensus that such a ratio sufficiently maintains both public safety and aesthetic considerations. This ratio has been adopted by numerous 338 of 403
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municipalities because it is deemed to offer an effective balance between ensuring safety and avoiding unduly limiting facility placement.
Breakpoint technology in towers is a contemporary design enhancement that ensures, in the unlikely event of structural failure, the tower will buckle or bend at a predetermined point, commonly referred to as the "breakpoint." This ensures that the tower's upper section does not fall beyond a specified radius.
Setback provisions related to this technology are designed to account for this safety feature.
ii. Section 17.44.060(A)(2): The proposed amendment clarifies that this section applies to facilities in the industrial and commercial zoning districts. iii. Section 17.44.060(A)(2)(b): The proposed amendment suggests a more practical standard. Modern macro communication facilities typically consist of an array of antennas, not a single antenna. Additionally, restricting providers to one antenna per location or per neighborhood, could be seen as an attempt by the City to enact a preference for certain technological choices, or otherwise attempting to regulate the technological means by which wireless carriers offer service, which would be a violation of federal law.10 Additionally, such restrictions would also limit technological innovation by restricting a provider’s ability to deploy new technology that does not fit within the City’s narrowly prescriptive requirement.
iv. Section 17.44.060(A)(2)(c): The proposed amendment recommends that facilities which are readily visible from dwelling units should incorporate a stealth design, shifting the requirement from being non-visible to adopting concealment techniques.
v. Section 17.44.060(B): The proposed amendments in subsection (2) provide a new exception process for applicants to seek relief from the height limit for towers when needed to meet a technical service objective. The proposed amendments in subsection (3) offer a revised height limit for structure-mounted facilities, aligning with the allowances in neighboring Rohnert Park for similar installations.
Unlike conventional land uses, wireless antennas have distinct height requirements and necessitate unobstructed line-of-sight. The current height limitations for both towers and structure-mounted facilities restrict the allowed height for WTF to the underlying zone height; however, situations often arise where additional height is necessary for maintaining antenna separation in cases of colocation or ensuring clearance from nearby obstacles like trees or structures.
10 See, e.g., See New York SMSA LP v. Town of Clarkstown, 612 F.3d 97 (2d Cir. 2010) (holding that local governments are preempted from regulating or dictating a provider’s choice of wireless technologies and equipment).
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e. Limited Waiver to Avoid Prohibitions of Service
i. Section 17.44.065. The proposed amendment introduces a new section and limited waiver provision. This provision allows wireless providers to seek relief from certain ordinance requirements when strict compliance would lead to an actual or effective prohibition of service.
The Telecom Act prohibits a local jurisdiction from taking any action on a wireless siting permit that “prohibit[s] or [has] the effect of prohibiting the provision of personal wireless services.”11 According to the FCC Order adopted in September 2018,12 a local jurisdiction’s action has the effect of prohibiting the provision of wireless services when it “materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment.”
II. Chapter 17.22 Allowable Land Uses
a. Table 2-2, Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones. See attached conforming text amendments and proposed new footnote #7.
b. Table 2-3, Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts. See attached conforming text amendments.
c. Table 2-4, Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts. See attached conforming text amendments and proposed new footnote #8.
III. Chapter 17.90 Definitions
a. New definition for “breakpoint technology” proposed. b. New definition for “stealth design” proposed.
5. Conclusion.
For the reasons stated above, T-Mobile respectfully requests approval and adoption of the proposed text amendments to Cotati’s Land Use Code.
11 47 U.S.C. § 332(c)(7)(B)(i)(II). 12 Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133 (rel.
Sept. 27, 2018); 83 Fed. Reg. 51867 (Oct. 15, 2018), affirmed in part and vacated in part, City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020), cert. denied, 594 U.S. ___, 141 S.Ct. 2855 (June 28, 2021)(No. 20-1354) (“FCC Order”).
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End of Project Narrative.
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BRIDGIT DR
E SCHOOL ST
AH L
STROM C IR
MARSH WAY
WREN DR
CIRCLE
DR
POPLAR AVE
LARK DR
ALDER AVE
ROMAN DR
MAGNOLIA AVE
FALCON DR
ALMOND ST
M
ACKL NI DR
CHARLES ST
ALISON AVE
BURTON
AVE
RIO
VISTA
LN
MIDDLEBROOK WAY
MAPLE DR
SAN FRANCISCO WAY
BLODGETT ST
SILVER
DR
COLLEGE VIEW DR
WILLIAM
ST
MASON DR
E
SIERRA AVE
LOCUST AVE
CAMINO CORONADO
SANTA BARBARA DR
JAGLA ST
W COTATI OAKS
CT
MADRIGAL DR
KEYT WAY
LANYARD CT
LASSEN CT
LYDIA CT
PORTAL ST
LINDEN AVE
MITCHELL DR
AD OB
E
LN
AARON ST
LYNNE CO
NDE WAY
BORIS
CT
HONOR PL
COTTONWOOD CT
HOUSER ST
ANSON AVE
BEVERLY DR
CHADWICK WAY
MAPLE AVE
ORETSKY
WAY
BARON DR
BARBI LN
CALA WAY
LUNAR CT
SAN RA
M
ON PL
LINDSAY AVE
BERNADETTE AVE
BRUCE AVE
BONNIE AVE
ADELE AVE
LEBEC LN
DORFMAN DR
BRENDA WAY
ROXANNE LN
A
GUIRRE WAY
BONITA AVE
MONTERO DR
LILAC WAY
SANTA
CLA
RA PL
ALTA AVE
LIBERTY AVE
MERCEDES WAY
FLA
MING
O RD
LUND HILL LN
OLSEN LN
CAMINO CORTO
LOWELL AVE
GRAVENSTEIN WAY
MERCANTILE DR
BATKIN
CT
LOS FELIZ
WILLOW AVE
PARKWAY DR
ISSEL LN
LO M
A
L
NI DA
D
R
SAN SIMEON DR
COHEN CT
CORINTH CT
LASKER LN
HENRY ST
LISBON CT
LABATH AVE
MACAW
CT
DELANO ST
SAN
M
ATEO
CT
CASTILLE CT
MEDICAL CENTER DR
MEGAN PL
AVENIDA CALA
JUNIPERDR
AMBER LN
GLADIE LN
CLOTHIER LN
BARRY CT
ARBOR CT
LAMONT CT
BERNICE CT
CARIOCA CT
LIANA CT
RUBY CT
RONDA ST
MONET PL
DYQUISTO WAY
RANCH VERDE
CAPRI WAY
CALCUTTA CT
LORRAINE CT
BREEN WAY
HIGHLAND AVE
ADRIAN
CT
ENTERPRISE DR
ALICANTE ST
LAREDO ST
LAKEWOOD AVE
LAGUNA DR
RASMUSSEN WAY
ROBIN AVE
EUCALYPTUS AVE
BRETT AVE
CORSICA CT
MARIGOLD PL
LARCH AVE
MIRAMONTE PL
SCHINDLER LN
PADRE PKWY
MARQUE DR
MATEO DR
LAU LN
DEBBIE HILL RD
KEPPEL
WAY
HELMAN LN
MADRONE PL
CLIFFORD ST
OAK VIEW CIR
OAK CIR
ALEXIS DR
CHAPMAN RD
JACARANDA ST
RUSTIC LN
SAN CA
RLOS CT
LOGAN PL
A
MBERW
O
OD ST
LOWELL CT
SYCAMORE LN
NELSON LN
CERVANTES CT
RED HILL CT
MOSS RD ALLAN AVE
ANNE WAY
CORNELL AVE
MILTON PL
SEQUOIA ST
OLOF ST
ARTHUR ST
GEORGE ST
FEHLER LN
AVA AVE
MATTICE LN
OLD REDWOOD HWY
GILMAN RANCH RD
BALMA LN
WILDBERRY LN
REDTAIL HAWK LN
BETH CT
BENSON LN
EL RANCHO DR
PINE LN
BELITA AVE
AIRPORT RD
RALEYS TOWNE CENTRE
OAK AVE
SAINT JOSEPH WAY
SANTERO WAY
FERN AVE
VALLEY HOUSE DR
CARLITA
CIR
CONIFER SQ
SUNFLOW ER
DR
WILFORD CIR
MATT E R I CIR
LA PLAZA
TERRACE DR
RYAN LN
CIVIC CENTER DR
UV116
Zoning
OSR - Open Space - Recreation
RR - Rural Residential
RVL - Residential Very Low Density
NL - Neighborhood, Low Density
NM - Neighborhood, Medium Density
NU - Neighborhood, Urban
CE - Commercial, East Cotati Corridor
CG - Commercial, Gravenstein Corridor
CD - Downtown Commercial
CI - Commercial/Industrial District
IG - General Industrial District
PF - Public Facility District
CA - Commerce Avenue
NG - Northern Gateway
LP - La Plaza
HC - Historic Core
SW - Santero Way
County Pre-Zoned Areas
Specific Plan Areas
Mobile Home Parks
City Limits
Urban Growth Boundary
I2 SMART Station
1 inch = 500 feet µ 0 500 1,000 2,000 3,000 4,000 Feet
Created June 2020
RVL-.66
RR-1
RR-1
RR-1
RR-1
342 of 403
ATTACHMENT 3 – GIS MAP
T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
ATTACHMENT 3
GIS MAP
The green-highlighted parcels symbolize the CI, IG, & PF zones, which are currently the exclusive areas within the City where WTFs are allowed, encompassing a mere 3% of the City's overall parcels. In contrast, the parcels marked in grey signify areas where the WTFs are currently prohibited, severely restricHng siHng locaHons within the city. 343 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
Chapter 17.22
ALLOWABLE LAND USES
Sections:
17.22.010 Purpose.
17.22.020 Allowable land uses and planning permit requirements.
17.22.030 Exemptions from planning permit requirements.
17.22.010 Purpose.
This chapter lists the land uses that may be allowed within the zoning districts established by Section 17.20.020 (Zoning map and zoning districts) of this title, and determines the type of planning permit/approval required for each use. (Ord. 766 ß 2 Exh. A (part), 2004).
17.22.020 Allowable land uses and planning permit requirements.
A. Allowable Land Uses. The land uses allowed by this land use code in each zoning district are listed in Tables 2-2 and 2-3 of this chapter, together with the type of planning permit required for each use. Each land use listed in Tables 2-2 and 2-3 is defined in Article 9 (Glossary).
1. Establishment of an Allowable Use.
a. Any one or more land uses identified by Tables 2-2 and 2-3 as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the planning permit requirement listed in the tables, and in compliance with all applicable requirements of this land use code. b. Where a single parcel is proposed for development with two or more of the land uses listed in the tables at the same time, the overall project shall be subject to the highest permit level required by the tables for any individual use. For example, a new multi-use building proposed with a permitted use on the second floor and a use requiring use permit approval on the ground floor would require use permit approval for the entire project.
2. Use Not Listed.
a. A land use that is not listed in Tables 2-2 and 2-3 is not allowed within the city, except as otherwise provided in subsection (A)(3) of this section, or Section 17.22.030 (Exemptions from planning permit requirements) of this chapter.
b. A land use that is not listed in the tables within a particular zoning district is not allowed within that zoning district, except as otherwise provided in subsection (A)(3) of this section, or Section 17.22.030 (Exemptions from planning permit requirements) of this chapter.
3. Similar and Compatible Use May Be Allowed. The director may determine that a proposed use not listed in this chapter is allowable as follows:
a. Required Findings. The director may determine that a proposed use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings:
i. The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve greater impacts than the uses listed in the district; ii. The use will be consistent with the purposes of the applicable zoning district; iii. The use will be consistent with the general plan and any applicable specific plan; iv. The use will be compatible with the other uses allowed in the district; and v. The use is not listed as allowable in another zoning district. 344 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
A determination that a use qualifies as a similar use and the findings supporting the determination shall be in writing.
b. Applicable Standards and Permit Requirements. When the director determines that a proposed but unlisted use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this land use code apply.
c. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter
17.84 (Appeals) of this title.
B. Permit Requirements. Tables 2-2 and 2-3 provide for land uses that are:
1. Permitted subject to compliance with all applicable provisions of this land use code, subject to first obtaining a zoning clearance (Section 17.62.020). These are shown as P uses in the tables;
2. Allowed subject to the approval of a minor use permit (Section 17.62.050), and shown as MUP uses in the tables;
3. Allowed subject to the approval of a use permit (Section 17.62.050), and shown as UP uses in the tables;
4. Allowed subject to the type of city approval required by a specific provision of Chapter 17.42 (Standards for Specific Land Uses) of this title, and shown as S uses in the tables; and
5. Not allowed in particular zoning districts, and shown as a - in the tables.
C. Additional City Approval Requirements. Any land use identified as allowable by Table 2-2 or 2-3 may require design review (Section 17.62.040), a hillside development permit (Section 17.53.070), and/or a building permit in compliance with the municipal code, in addition to the required planning permit.
D. Standards for Specific Land Uses. Where the last column in the tables (Specific Use Regulations) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this land use code may also apply.
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure UP UP P P - - - 17.42.020 345 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, orchard, vineyard(5)- UP UP UP - - - 17.42.240 Market garden - - P P P P P 17.42.230,
17.42.240
Plant nursery - UP UP - - - -
Winery, small scale - - UP(2)- - - -
Industry, manufacturing and processing, wholesaling - - - - - - - Artisan/craft product manufacturing - UP UP(3)- - - -
Recreation, Education and Public Assembly Uses
Community garden(5)- UP P P P P P 17.42.220,
17.42.240
Equestrian facility - UP UP - - - -
Meeting facility, public or private - UP - - UP UP UP
Park UP P P P P P P
Playground - P P P P P P
Private residential recreation facility - - - UP UP UP UP School - Elementary, middle, secondary - - - UP UP UP - Residential Uses
Accessory dwelling unit - - P P P P P 17.42.170
Caretaker quarters UP UP - - - - -
Cottage housing - - - - S S S 17.42.125
Home occupation - - P P P P P 17.42.080
Junior accessory dwelling unit - - P P P - - 17.42.170
Mobilehome park - - UP UP UP UP UP 17.42.110
Mobile/manufactured home - - P P P P P 17.42.110
Multifamily housing, 2 units - - - - UP P P 17.42.120
Multifamily housing, 3 or 4 units - - - - - P P 17.42.120 Multifamily housing, 5 to 9 units - - - - - P P 17.42.120 346 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Multifamily housing, 10 or more units - - - - - - P 17.42.120 Multifamily housing, up to 100 units with 25%
affordable
- - - - - - P 17.42.120
Organizational house (sorority, monastery, etc.) - - - - - - UP Residential accessory use or structure - - P P P P P 17.42.160 Residential care facility for the elderly (RCFE) - - UP UP UP UP UP Residential care, 11 or more clients - - UP UP UP UP UP Residential care, 6 or fewer clients, in a single-family dwelling
- - P P P P P
Residential care, 7 to 10 clients - - UP UP UP UP UP
Residential component of a mixed use project - - - - UP UP UP 17.42.100 Rooming or boarding house - - - - - - UP
Single-family dwelling - - P P P UP(4) UP(4)
Retail Trade
Accessory retail and services - - - - UP UP UP
Convenience store, 1,200 sq. ft. or less - - - - UP UP UP Farmers Market(5)- UP - - - - -
Garden Stand - - P P P P P 17.42.130,
17.42.230
Produce stand(5)- UP UP UP - - - 17.42.130
Services - Business and Professional
Medical services - Extended care - - - - - UP UP
Office - Accessory - P P P P P P
Services - - - - - - -
Adult day care - 6 or fewer clients - - P P P P P
Adult day care - 7 to 14 clients - - UP UP UP UP UP
Adult day care - 15 or more clients - - UP UP UP UP UP
Child day care - Small family day care home - UP P P P P P Child day care - Large family day care home - - P P P - - 17.42.060 347 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Child day care - Day care center - UP - - - UP UP 17.42.060 Kennel, animal boarding - - UP - - - -
Lodging - Bed and breakfast inn (B&B) - - UP UP - - - 17.42.050 Personal services - 1,000 sq. ft. or less - - - - - UP UP Public safety facilities - - UP UP UP UP UP
Transportation, Communications and Infrastructure
Electric vehicle charging station(5) P P P P P P P 14.38 Solar collector S S S S S S S 17.30.084
Telecommunications facility (7)
- S - - - - - 17.44.065
Windmills - - UP - - - - 17.42.190
Key to Zoning District Symbols
OSC Open Space - Conservation NL Neighborhood - Low Density OSR Open Space - Recreation NM Neighborhood - Medium Density RR Rural Residential NU Neighborhood - Urban
RVL Residential, Very Low Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan. (5) Permitted as an accessory use.
(6) Fees for crop production, horticulture, orchard, vineyard; community garden; farmers market; and produce stand planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearing for these uses shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the directors discretion.
(7) Telecommunications facilities are subject to the limited waiver provision and other regulations as described in Chapter 17.44. 348 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
Table 2-2: Allowed Land Uses and Permit Requirements - Cannabis Uses
RESIDENTIAL
LAND
USE
MAXIMUM
CULTIVATI
ON AREA
PER
PARCEL
(square feet of
canopy or # of
plants)
MINIMU
M
PARCEL
SIZE
STATE
LICENS
E TYPE
Open
Space
Conservati
on
Open
Space
Recreati
on
Rural
Residenti
al
Residenti
al
Very
Low
Neighborho
od
Low
Neighborho
od
Medium
Neighborho
od
Urban
Med/AU OSC OSR RR RVL NL NM NU
PERSONAL CANNABIS CULTIVATION; No
Permit Required
Personal
or
Caregive
r
Cultivati
on
(inside
dwelling
unit or
accessory
structure
only)
6 plants/parcel None Exempt - - P P P P P
COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit Required(1)
COMMERCIAL
LAND USE
MAXIMUM
CULTIVATIO
N AREA PER
PARCEL
(square feet of
canopy or # of
plants)
MINIMU
M
PARCEL
SIZE
STATE
LICENS
E TYPE
East
Cotati
Avenue
Corrido
r
Gravenstei
n
Highway
Corridor
Downtown
Commerci
al
Commercia
l/
Industrial
General
Industria
l
Public
Facilit
y
Specific
Use
Regulation
s
Med/AU CE CG CD CI IG PF
PERSONAL CANNABIS CULTIVATION; No Permit
Required
Personal or
Caregiver
Cultivation
(inside
dwelling unit
or accessory
structure
only)
6 plants/parcel None Exempt P
(1, 2) P(2) P(2)
- - -
COMMERCIAL CANNABIS USES, Commercial
Cannabis Permit Required(3)
Outdoor Cultivation
Specialty 5,000 sf or 50
plants None 1/1 - - - - - -
Small 5,001 - 10,000
sf None 2/2 - - - - - -
349 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
COMMERCIAL
LAND USE
MAXIMUM
CULTIVATIO
N AREA PER
PARCEL
(square feet of
canopy or # of
plants)
MINIMU
M
PARCEL
SIZE
STATE
LICENS
E TYPE
East
Cotati
Avenue
Corrido
r
Gravenstei
n
Highway
Corridor
Downtown
Commerci
al
Commercia
l/
Industrial
General
Industria
l
Public
Facilit
y
Specific
Use
Regulation
s
Med/AU CE CG CD CI IG PF
Medium 10,001 - 43,560
sf None 3/3 - - - - - -
Large 43,561 sf or
larger None 5/5 - - - - - -
Nursery 20,000 sf None 4/4 - - - - - -
Indoor Cultivation(4)
Specialty 501 - 5,000 sf 1A/1A - - - - - -
Small 5,001 - 10,000
sf 2A/2A - - - S S S 17.42.200
Medium 10,001 - 22,000
sf 3A/3A - - - S S S 17.42.200
Large 22,001 or larger 5A/5A - - - - - -
Mixed Light Cultivation
Specialty
Cottage 2,500 sf 1C/1C - - - - - -
Specialty 2,501 - 5,000 sf 1B/1B - - - - - -
Small 5,001 - 10,000
sf 2B/2B - - - - - -
Medium 10,001 - 22,000
sf 3B/3B - - - - - -
Large 22,001 or larger 5B/5B - - - - - -
MANUFACTURING(5)
Manufacturer
1: NonVolatile/No
Solvents
N/A 6/6 - - - S S S 17.42.200
Manufacturer
2: Volatile
Solvents
N/A 7/7 - - - S S S 17.42.200
TESTING
Testing
Laboratories 8/8 - P - P P P
RETAIL (w/delivery)
Nonstorefron
t Retailer
(delivery
only)
9/9 - - - S S S 17.42.200
Storefront
Retailer 10/10 - S - - - - 17.42.200
350 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
COMMERCIAL
LAND USE
MAXIMUM
CULTIVATIO
N AREA PER
PARCEL
(square feet of
canopy or # of
plants)
MINIMU
M
PARCEL
SIZE
STATE
LICENS
E TYPE
East
Cotati
Avenue
Corrido
r
Gravenstei
n
Highway
Corridor
Downtown
Commerci
al
Commercia
l/
Industrial
General
Industria
l
Public
Facilit
y
Specific
Use
Regulation
s
Med/AU CE CG CD CI IG PF
DISTRIBUTOR
Distributor(6) 11/11 - S - S S S 17.42.200
MICROBUSINESS (with delivery and/or cannabis
consumption cafe/lounge)
Microbusines
s
12/12 - S - - - - 17.42.200
NOTES:
- Use Not Allowed P Permitted Use
S Check specific use regulations, as noted. UP Use permit required. sf means square feet. AU means adult or recreational use. (1) Commercial cannabis uses are not allowed in any residential zones. (2) Allowed only in residential use portions of mixed-use development. (3) Commercial cannabis uses are not allowed within the Downtown Specific Plan or Santero Way Specific Plan areas. (4) Nursery use is allowed as part of any city-issued indoor cultivation cannabis permit. Specialty cottage cultivation is not permitted. (5) Each manufacturing use type can perform related subtypes for infusion of products and/or packaging and labeling. Shared use facilities are not permitted. Processor activities are considered part of cultivation, manufacturing, or distribution permit approvals, and subject to the applicable cannabis business tax, as determined by the city. (6) Includes transport-only distributor.
Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing - - - - P -
Artisan/craft product manufacturing MUP MUP MUP P P - See Note 5 Below
351 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Brewery - Brew pub MUP MUP MUP - - -
Brewery - Production - - - UP UP -
Construction contractor - - - - UP -
Food and beverage product manufacturing - - - - MUP MUP Furniture and fixtures manufacturing, cabinet shop - - - P P - Industrial research and development - MUP - P MUP -
Laboratory - Medical, analytical, research and
development
P P - P MUP -
Laundry, dry cleaning plant - - - - UP -
Manufacturing/processing - Light - - - MUP P -
Manufacturing/processing - Medium intensity - - - MUP MUP - Manufacturing/processing - Heavy - - - - UP -
Media production P P - P P -
Printing and publishing UP UP - P P -
Recycling - Reverse vending machine MUP MUP - - - -
Recycling - Small collection facility UP UP - UP P - 17.42.150 Recycling - Medium collection facility - - - UP UP - 17.42.150 Storage - Outdoor - - - UP UP - 17.42.140
Storage - Personal storage facility (mini-storage) - - - - - - Storage - Warehouse, indoor storage - - - UP - -
Wholesaling and distribution - - - UP UP -
Winery - Boutique - UP - MUP MUP -
Winery - Production - - - MUP MUP -
Recreation, Education and Public Assembly Uses
Adult-oriented business - - - - S - 17.40
Commercial recreation facility - Indoor - 5,000 sq.
ft. or less
UP P - P - -
Commercial recreation facility - Indoor - More
than 5,000 sq. ft.
UP MUP - UP - -
352 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Commercial recreation facility - Outdoor - - - UP - -
Conference/convention facility - 5,000 sq. ft. or
less
UP MUP UP(2) MUP - UP
Conference/convention facility - More than 5,000
sq. ft.
UP UP UP(2) UP - UP
Health/fitness facility UP P UP(2) P UP -
Library, museum P P MUP P - P
Meeting facility, public or private - 5,000 sq. ft. or
less
UP MUP MUP(2) MUP - MUP
Meeting facility, public or private - More than
5,000 sq. ft.
UP UP UP(2) UP - UP
Park P P P - - P
School - Elementary, middle, secondary UP(2) UP(2)- - - UP School - Specialized education/training UP(2) UP(2) UP(2) UP - UP Sports and entertainment assembly - - - UP - UP
Studio - Art, dance, martial arts, music, etc. P P MUP(2) P UP - Theater UP MUP MUP MUP - UP
Residential Uses
Accessory dwelling unit P P P - - - 17.42.170
Emergency/transitional shelter - - S - - S 17.42.072
Home occupation P P P - - - 17.42.080
Live/work unit UP UP - UP UP - 17.42.090
Residential care facility for the elderly (RCFE) UP MUP - - - UP Residential care facility, 7 or more clients UP - - - - UP Residential component of a mixed use project P P P - - - 17.42.100 Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales - Associated with a
restaurant(4)
P P P P UP - 17.42.030
Alcoholic beverage sales UP UP UP - - - 17.42.030
353 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Antique or collectible store MUP P MUP - - -
Artisan shop P P P P - -
Auto and vehicle sales and rental - UP - MUP UP -
Auto parts sales with no installation services - P - P - - Bar, tavern UP UP UP - - -
Building and landscape materials sales - Indoor - P - P P - Building and landscape materials sales - Outdoor - UP - MUP - - 17.42.130 Construction and heavy equipment sales and rental - - - MUP MUP - 17.42.130 Convenience store UP UP - UP - -
Drive-through retail - UP - UP - - 17.42.070
Extended hour retail UP MUP MUP MUP - -
Farm supply and feed store - P - P - -
Farmers market(8) MUP MUP MUP MUP UP UP
Formula-based fast food restaurant S S S - - - 17.42.071 Fuel dealer (propane for home and farm use, etc.) - - - UP UP - Furniture, furnishings and appliance store P P UP P UP - General retail - Less than 5,000 sq. ft. P P P P - -
General retail - 5,000 sq. ft. to 20,000 sq. ft. P P P P - - General retail - More than 20,000 sq. ft. UP P UP P - - Groceries, specialty foods - 10,000 sq. ft. or less P P P P - - Groceries, specialty foods - More than 10,000 sq.
ft.
UP MUP UP MUP - -
Mobilehome, boat, or RV sales - - - MUP - -
Night club UP UP UP - - -
Outdoor display and sales MUP MUP MUP MUP - - 17.42.130 Plant nursery - MUP - MUP MUP -
Restaurant - Outdoor dining(6) P/
MUP
P/
MUP
P/
MUP
P/
MUP
- - 17.42.130(E)
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Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Restaurant, cafe, coffee shop P P P P UP -
Retail complex UP P UP P - -
Retail display gallery - P P - - - 17.90.020
Second hand store UP UP UP - - -
Service station (nonfossil fuels sales) UP UP UP - - - 17.42.180 Tasting room UP P P P - -
Warehouse retail - MUP - UP - -
Services - Business, Financial, Professional
ATM P P P P - -
Bank, financial services P P UP P - -
Business support service P P P
(2) UP - -
Medical services - Doctor office UP P
(2) P(2)
- - -
Medical services - Clinic, urgent care UP - - - - -
Office - Accessory P P P P P P
Office - Business/service UP UP(2) P
(2) P - -
Office - Government MUP MUP MUP MUP MUP MUP
Office - Processing UP(2) MUP UP(2) MUP - -
Office - Professional/
administrative
P P P
(2) P - -
Services - General
Accessory retail or services P P P P P P 17.42.015
Adult day care UP - - - - UP
Catering service - - - P P -
Child day care center MUP P MUP MUP - UP
Drive-through service - UP - - - - 17.42.070
Equipment rental - - - MUP UP - 17.42.140
Kennel, animal boarding - MUP - MUP UP -
Lodging - Bed and breakfast inn (B&B) P P MUP - - -
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Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Lodging - Boutique hotel or motel UP UP UP - - -
Lodging - Hotel or motel UP UP UP - - -
Maintenance service - Client site services - - - P P -
Mortuary, funeral home UP - - - - -
Personal services P P P P - -
Personal services - Restricted UP(2)- - - - -
Public safety facility UP UP UP UP UP P
Repair service - Equipment, large appliances, etc. - - - P P - Social service organization MUP(2) MUP(2)- MUP - UP
Vehicle services - Major repair/body work - - - UP MUP - Vehicle services - Minor maintenance/repair - - - UP UP - Veterinary clinic, animal hospital MUP P - P MUP -
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine storage - - - - UP -
Broadcasting studio - UP(2) UP(2) MUP - -
Electric vehicle charging station(7) P P P P P P 14.38
Parking facility, public or commercial UP UP UP - - P
Telecommunications facility -S -S -S S S S 17.44
Transit station or terminal UP UP UP UP - UP
Utility facility - - - UP UP UP
Vehicle storage - - - - UP -
Key to Zoning District Symbols
CE East Cotati Avenue Corridor CI Commercial/Industrial District CG Gravenstein Highway Corridor IG General Industrial District CD Downtown Commercial PF Public Facility District
Notes:
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Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022. (1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use. (3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises. (5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use. (7) Permitted as an accessory use.
(8) Fees for farmers market planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearings shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the directorís discretion.
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
PERMIT REQUIRED BY DISTRICT
LAND USE(1)
HC LP NG CA
Specific Use
Regulations
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility - Indoor MUP - MUP MUP
Conference/convention facility - - UP(2) UP
Health/fitness facility UP(2)- P P
Library, museum P - P P
Meeting facility, public or private - UP UP(2) UP
Park, Playground P P P P
School - Specialized education/training UP - UP UP
Studio - Art, dance, martial arts, music, etc. P P P P
Theater (cinemas or performing arts) MUP - P P
RESIDENTIAL USES
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Residential component of a mixed use project P P P P 17.42.100 357 of 403
Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
PERMIT REQUIRED BY DISTRICT
LAND USE(1)
HC LP NG CA
Specific Use
Regulations
Residential care facility for the elderly (RCFE) - UP UP UP Residential care facility, 7 or more clients - UP - -
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Broadcasting studio UP(2)- UP(2)-
Electric vehicle charging station(7) P P P P 14.38
Parking facility UP UP UP(2) UP
Transit station or terminal P P P P
RETAIL TRADE
Accessory retail or services P P P P
Alcoholic beverage sales - associated with a restaurant(4) P P P P 17.42.030 Alcoholic beverage sales - off-sale UP UP UP UP 17.42.030 Antique or collectible store P P P P
Artisan/craft product manufacturing MUP MUP MUP MUP See Note (5) below
Artisan shop P P P P
Auto parts sales with no installation services - - - P
Bar, tavern UP UP UP UP 17.42.030
Brewery - Brew pub MUP MUP MUP MUP
Convenience store - - UP UP
Extended hour retail UP MUP P P
Furniture, furnishings and appliance store UP - MUP MUP General retail - Less than 5,000 sf P P P P
General retail - 5,000 sf to 20,000 sf P - P P
General retail - More than 20,000 sf (Max. 43,000 sf) - - MUP MUP Groceries, specialty foods - 10,000 sf or less P P P P
Groceries, specialty foods - More than 10,000 sf - - P UP Night club UP - UP UP
Outdoor display and sales MUP MUP MUP MUP 17.42.130
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Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
PERMIT REQUIRED BY DISTRICT
LAND USE(1)
HC LP NG CA
Specific Use
Regulations
Restaurant - Outdoor dining on private property(6) P/MUP P/MUP P/MUP P/MUP 17.42.130 Restaurant - Outdoor dining in public right-of-way P P P P 17.42.130 Restaurant, cafe, coffee shop P P P P
Retail complex - - UP UP
Retail display gallery P P P P 17.90.020
Second hand store UP - - -
Service station (nonfossil fuels sales) - - - UP 17.42.180 Tasting room P P P P
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM P P P P
Bank, financial services P P P P
Business support service P
(2) P(2) P(2) P
Medical services - Doctor office P P P P
Medical services - Clinic, urgent care - - - P
Office - Accessory P P P P
Office - Business/service P
(2) P(2) P(2) P
Office - Government UP UP UP UP
Office - Processing UP(2)- UP(2)-
Office - Professional/administrative P
(2) P P(2) P
Veterinary clinic, animal hospital P P P P
SERVICES - GENERAL
Accessory retail or services P P P P 17.42.015
Adult day care UP(2) UP(2) UP(2) UP
Child day care center UP UP P UP
Lodging - Bed & breakfast inn (B&B) P P P UP
Lodging - Boutique hotel and motel UP UP P P
Lodging - Hotel UP(2) UP(2) P P
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Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
PERMIT REQUIRED BY DISTRICT
LAND USE(1)
HC LP NG CA
Specific Use
Regulations
Personal services P P P P
Public safety facility - - - -
Social service organization - UP(2) UP(2) UP
Telecommunications facility (8)- - S S 17.44;
17.44.065
Vehicle services - Minor maintenance/repair - - - UP
Key to Zoning District Symbols
HC Historic Core NG Northern Gateway
LP La Plaza CA Commerce Avenue
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C) (Limitation on the Location of Allowable Land Uses), or behind an allowed ground floor street frontage use. (3) Where allowed by the downtown specific plan ís regulating plan. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises. (5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use. (7) Permitted as an accessory use.
(Ord. 917 ß 4 (Exh. 1), 2022; Ord. 915 ß 5, 2022; Ord. 910 ß 3, 2022; Ord. 908 ß 5 (Exh. 1 ß 7), 2022; Ord. 906 ß 6, 2021; Ord. 902 ß 6, 2021; Ord. 895 ß 2(A) Exh. 2 (part), 2020: Ord. 893 ß 5, 2020; Ord. 888 ß 1, 2019; Ord. 883 ß 6 (Att. A), 2018; Ord. 823 ß 2(C) Exh. C (part), 2009; Ord. 812 ß 1, 2008; Ord. 801 ß 1, 2007; Ord. 787 ß 2, 2007; Ord. 766 ß 2 Exh. A (part), 2004). (8) Telecommunications facilities are subject to the limited waiver provision and other regulations described in Chapter 17.44.
17.22.030 Exemptions from planning permit requirements.
The planning permit requirements of Section 17.22.020 do not apply to the land uses, structures, and activities identified by this section. These are allowed in all zoning districts subject to compliance with this section.
A. General Requirements for Exemption. The land uses, structures, and activities identified by subsection B of this section are exempt from the planning permit requirements of this land use code only when:
1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this article, Article 3, (Site Planning, Design, and Operational Standards), and, where applicable, Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title; and
2. Any permit or approval required by regulations other than this land use code is obtained (for example, a building permit).
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Cotati Municipal Code
Chapter 17.22 ALLOWABLE LAND USES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
B. Exempt Activities and Land Uses. The following are exempt from the planning permit requirements of this land use code when in compliance with subsection A of this section.
1. Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit. (Otherwise exempt paved surfaces will still be counted as part of allowable site coverage.)
2. Fences and Walls. See Section 17.30.030 (Fences, walls, and screening) of this title.
3. Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure, change the permitted use of the structure, or include any change to an exterior feature of the structure.
4. Repair and Maintenance.
a. Single-Family Dwellings. Ordinary nonstructural repairs to, and maintenance of, single-family dwellings.
b. Multifamily Housing, and Nonresidential Structures. Ordinary nonstructural repairs to, and maintenance of multifamily residential and nonresidential structures, if:
i. The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and
ii. Any exterior repairs employ the same materials and design as the original construction.
5. Small, Portable Residential Accessory Structures. A single portable structure of one hundred twenty square feet or less per lot or unit, including premanufactured storage sheds and other small structures in residential zoning districts that are exempt from building permit requirements in compliance with the municipal code and the Uniform Building Code. Additional structures may be approved in compliance with Section 17.42.160 (Residential accessory uses and structures) of this title, where allowed by the applicable zoning district.
6. Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed one hundred twenty square feet in total area including related equipment; contain more than two thousand gallons of water; or exceed three feet in depth. (Ord. 766 ß 2 Exh. A (part), 2004).
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Search ring area
A B
C
D
E
F
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ATTACHMENT 4 – SITE ANALYSIS
T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
ATTACHMENT 4
SITE ANALYSIS
Loca1on Reference Jurisdic1on Zoning District Site Analysis Summary A City of Cota5 Public Facility District A facility proposed in this loca5on would not be feasible due proximity of an adjacent planned TMobile site, BA50105C. Addi5onally, a facility at this loca5on would be located too far away from
the commercial corridor along East Cota5 Avenue
to be able to meet T-Mobile’s technical service
objec5ve.
B City of Cota5 Public Facility District A facility in this loca5on would not be feasible given its proximity to exis5ng T-Mobile site
BA00431A. Addi5onally, a facility at this loca5on
would be located too far away from the
commercial corridor along East Cota5 Avenue to
be able to meet T-Mobile’s technical service
objec5ve.
C City of Cota5 Public Facility District A facility at this loca5on would not be feasible as it is located approximately 1.5 miles outside of
the search ring area, and a facility at this loca5on
would be located too far away to be able to meet
T-Mobile’s technical service objec5ve.
D City of Cota5 Public Facility District A facility at this loca5on would not be feasible given its proximity to exis5ng T-Mobile site
BA00479A. Addi5onally, this parcel is located
well outside of the T-Mobile’s search area and
would not be able to meet T-Mobile’s technical
service objec5ve.
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ATTACHMENT 4 – SITE ANALYSIS
T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
ATTACHMENT 4
SITE ANALYSIS
Loca1on Reference Jurisdic1on Zoning District Site Analysis Summary E City of Rohnert
Park
R:H High Density Residen5al; R:L
Low Density Residen5al
T-Mobile conducted an analysis of this area
within the search ring situated in the city of
Rohnert Park. This area is a residen5al district
and given is primarily comprised of single-family
homes. Rohnert Park's codified si5ng hierarchy
for wireless facili5es heavily disfavors residen5al
zones (most disfavored loca5on preference), thus
making such a loca5on infeasible due to zoning
restric5ons.
F City of Rohnert
Park
R:H High Density Residen5al; R:L
Low Density Residen5al
T-Mobile conducted an analysis of this general
area within the search ring situated in the city of
Rohnert Park. This area is a residen5al district
and is primarily comprised of single-family
homes. One water tank loca5on was iden5fied as
possible si5ng loca5on due to its height,
however, this loca5on would also be infeasible
due Rohnert Park’s zoning restric5ons at stated
above.
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Cotati Municipal Code
Chapter 17.44 TELECOMMUNICATIONS FACILITIES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
Chapter 17.44
TELECOMMUNICATIONS FACILITIES
Sections:
17.44.010 Purpose.
17.44.020 Definitions.
17.44.030 Applicability.
17.44.040 Permit requirements.
17.44.050 Limitations on location.
17.44.060 Facility design and development standards.
17.44.070 Operation and maintenance standards.
17.44.080 Discontinuance and site restoration.
17.44.010 Purpose.
This chapter establishes development standards consistent with federal law to regulate the placement and design of communication facilities so as to preserve the unique visual character of the city, promote the aesthetic appearance of the city, and to ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the city. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.020 Definitions.
The technical terms and phrases used in this chapter are defined in Article 9 (Glossary) of this title under Communications facilities. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.030 Applicability.
The location, permit requirements, and other provisions of this chapter shall apply to all communications facilities within the city, except the following, which are exempt from this chapter. All communication facilities shall also comply with all applicable requirements of state and federal law:
A. Replacement or modification of previously permitted facilities or equipment determined by the director to be:
1. Oof a minor nature that does not increase the number or height of antennas or significantly change or enlarge the ancillary related equipment at the site.
2. An Eligible Facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station, as defined in 47 CFR §
1.6100 et. seq., as may be amended over time.
B. An antenna that is one meter (39.37 inches) or less in diameter or diagonal measurement, that is designed:
1. To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or
2. For subscribing to a multipoint distribution service.
C. A satellite earth station (SES) antenna of two meters (78.74 inches) or less in diameter or diagonal measurement, located in a commercial or industrial zoning district, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas may require a building permit and approval of the placement by the director to ensure maximum safety is maintained. In order to avoid tripping hazards and the creation of an attractive nuisance, these antennas shall be placed whenever possible, on the top of buildings as far from the edge of rooftops as possible. (Ord. 766 ß 2 Exh. A (part), 2004).
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Cotati Municipal Code
Chapter 17.44 TELECOMMUNICATIONS FACILITIES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
17.44.040 Permit requirements.
A. Use Permit or Minor Use Permit. Use permit approval is required for all communication facilities subject to this chapter, except for the following, which shall require minor use permit approval or as is identified in Section
17.44.050 B. below. The director shall ensure through the minor use permit approval that each of the following facilities complies with all applicable requirements of this chapter. The director may also choose to defer action and refer any of the following facilities to the commission for consideration as a use permit application:
1. An antenna that is installed, placed, and maintained under the roofline of an existing structure, or above, behind a new or existing , and below an existing approved roof screen and does not extend above the highest point of the structure, or is camouflaged as a stealth design or feature, or as otherwise positioned within an existing structure so as not to be readily visible from a public right-of-way or other property;
2. A communication facility in which the antenna is mounted on a mast less than ten feet high, is not located on an historic structure, and is not visible from a public right-of-way;
3. Minor modifications to existing legally established telecommunication facilities in any zoning district, that do not meet the requirements for exempt modifications identified in Sections 17.44.030(A)(2) or 17.44.050(B);
4. An amateur and/or citizens band antenna operated by a person holding a license issued by the FCC in compliance with 47 C.F.R. Part 97, and used solely in connection with that license, and which shall be subject to the minimum practicable regulation to accomplish the local authority’s legitimate purpose in keeping with the order of the FCC known as ìPRB-1,î FCC 85-506, released September 19, 1985; provided that there shall be no more than one antenna support structure on a single parcel and that the antenna structure complies with the height limits of the applicable zoning district.
B. Application Requirements. In addition to the information required for use permit or minor use permit application by Chapter 17.60 (Permit Application Filing and Processing) of this title the application for a communication facility shall include:
1. Certification acceptable to the director that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation; and
2. A report, as required by the police department, to evaluate the potential for interference (e.g., HF, UHF, VHF, eight hundred mHz). The applicant shall be responsible for paying any costs incurred by the city, including the costs of retaining consultants, to review and analyze the report.
C. Master Use Permit. A service provider who intends to establish multiple wireless telecommunications facilities within the city is encouraged to apply for the approval of all facilities under a master use permit. Under this approach, all proposed facilities may be acted upon by the city as a single application, ensuring feasibility of long range company projections.
D. Communications Consultant May Be Required. In the event that the city needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility.
This service will be provided at the applicant’s expense.
E. Required Findings for Approval. The approval of a use permit for a communication facility shall require that the review authority first make the following findings, in addition to those required for use permit approval by Section
17.62.050 (Use permit and minor use permit) of this title:
1. The communication facility complies with all applicable requirements of this chapter; and
2. The communication facility will not adversely impact the character and aesthetics of any public right-of-way. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.050 Limitations on location.
A. Zoning District Priorities. A communication facility shall be not be approved or located within other than the PF (public facility) zoning districts; except that the review authority may approve a facility within an industrial, Open Formatted: Font color: Accent 5, Not Highlight
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Chapter 17.44 TELECOMMUNICATIONS FACILITIES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
Space Recreation (OSR), or commercial district if it first determines that the applicant has demonstrated that all PF zoning district options are infeasible, and that there is no site within a PF district where the communication facility would provide adequate coverage. All other exceptions are subject to Section 17.44.065.
B. Co-Location Required. A new communication facility shall be co-located with existing facilities and with other planned new facilities whenever feasible, and whenever determined by the review authority to be aesthetically desirable. Colocation of new telecommunication equipment onto an existing legally established telecommunication facility is subject to Administrative Design Review only, consistent with the requirements of the Middle-Class Tax Relief and Job Creation Act of 2012, or as otherwise required by Federal law, as may be amended from time to time.
Where feasible, aA service provider shall co-locate a new communication facility with noncommunications facilities (e.g., light standards, water tanks, and other utility structures) or existing structures where the review authority determines that this co-location will minimize the overall visual impact.
1. A service provider shall exhaust all reasonable measures to co-locate their communications facilities on existing towers or with or within existing ancillary support equipment facilities before applying for a new communication facility site.
2. Each service provider shall provide the city with evidence that they have contacted all other potential providers who have, or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and have offered to participate in a joint installation project on reasonable terms.
3. In order to facilitate co-location, use permit conditions of approval for a new facility shall require each service provider to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where determined by the review authority to be feasible and aesthetically desirable.
C. Siting on Historically Significant Structures Prohibited. No communication facility shall be sited on a structure that is listed on the National Register of Historic Places or the California Register, identified as an historic structure in a local historic survey or registry or as determined by a qualified architectural historian as having significant historic contribution to the area.
D. City-Owned Property. A communication facility shall not adversely affect the public health, peace, safety or welfare. In order to best benefit the citizens of Cotati from this necessary community impact, the commission shall always consider city-owned sites as the highest priority for the location of communication facilities. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.060 Facility design and development standards.
Each proposed communication facility shall comply with all of the following standards:
A. Facility Placement.
1. Standards for All Facilities.
a. A communication facility located on the roof of a structure that complies with applicable height limits shall be set back from the nearest roof edge the equivalent of the height of the tower or a minimum of ten feet, whichever is greater. Alternatively, the facility may be designed to incorporate within an architectural design feature of an existing structure or screened with radio frequency transparent materials that mimic the existing architectural design or features of an existing structure. b. A ground-mounted communication facility (including towers and antennas) shall be set back from the property lines at a ratio of onetwo horizontal feet for every one foot in height. c. If a tower has been constructed using breakpoint technology as defined in Chapter 17.90 Definitions, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, plus the minimum setback distance. For example, on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum setback for that zoning district. Certification by a Registered Professional Engineer licensed by the State of California of Formatted: Not Highlight
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Cotati Municipal Code
Chapter 17.44 TELECOMMUNICATIONS FACILITIES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022. the breakpoint design and the design’s fall radius must be provided together with the other information required herein from an applicant.
dc. A tower or antenna shall be set back from any site boundary or public right-of-way by a minimum of twenty-five feet, and shall be located and designed so as to not be readily visible from the nearest residentially zoned property. No part of any tower shall extend into a required front setback or beyond a property line of the site.
ed. Communication facilities other than towers and antennas shall be located either within a structure, underground, in a rear yard (not visible from a public right-of-way) or on a screened rooftop area. A ground-mounted facility that is located within a front or side setback or within a public right-of-way shall be underground so that the facility will not detract from the image or appearance of the city.
2. Facilities Within Industrial, Public, Recreation or Commercial Districts. Communications facilities, including towers, located within an industrial, public, recreation or commercial zoning district shall also comply with the following standards:
a. A minimum distance of five hundred feet shall be provided between towers, and there shall be no more than two towers on a single assessors parcel or developed site, unless the towers are located on a public facility as described in subsection (A)(1) of this section. b. A service provider shall not locate more than one antenna communication facility in any one neighborhood or location unless additional antennas facilities are approved by the commission. c. Communication facilities shall require a stealth design if the proposed facility not bewould be readily visible to residential dwelling units or the public right-of-way.
B. Height Limitations.
1. All ground-mounted communication equipment, antennas, poles, or towers shall be of a minimum functional height.
2. The height of tower located on the ground shall not exceed sixty feet in the PF (public facilities) and recreation zoning districts and thirty-five feet in an industrial, or commercial zoning district, unless additional height is required to meet a technical service objective. If the proposed facility exceeds the maximum height for the underlying zone, the applicant shall provide the following: . a. Evidence establishing the necessity of the proposed height for the facility. b. A discussion of the physical constraints (topographical features, etc.) making the additional height necessary.
3. The height of a communications facility located on a structure other than a dedicated support tower shall not exceed fifteen feet above the highest point of the structure and shall at no time exceed the maximum height allowed by the subject zoning district.
4. An antenna mounted on the side of a structure shall not extend above the structure’s parapet so that it is visible from below against the sky.
C. Colors and Materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna’s background color. All ground-mounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the director or shall be adequately secured to prevent graffiti.
D. Screening, Landscaping. All ground-mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation to the maximum extent feasible. Ground-mounted facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the director or by the Formatted: Font color: Accent 5, Highlight
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Cotati Municipal Code
Chapter 17.44 TELECOMMUNICATIONS FACILITIES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022. commission. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objectives.
E. Additional Screening and Landscaping. As part of project review, the director, the commission, or the council (on appeal) may require use of a stealth design, additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to public rights-of-way.
F. Power Lines. All power lines to and within a communication facility site shall be underground.
G. Backup Power Supplies. A backup power supply (i.e., generator) located in an industrial zoning district shall be enclosed within a structure and operated in compliance with subsection D of this section. In any zoning district, ancillary power supplies and fuel storage tanks to support backup power supplies shall require use permit approval. (Ord. 775 ß 1, 2005; Ord. 766 ß 2 Exh. A (part), 2004).
17.44.065 Limited Waiver to Avoid Prohibitions of Service In the event that an applicant demonstrates that strict compliance with the Limitations on Location in Section
17.44.050, or the Facility Design and Development Standards in Section 17.44.060 would prohibit or effectively prohibit the applicant’s ability to provide personal wireless services, the review authority may grant a limited waiver from such requirements only to the minimum extent necessary to prevent such prohibition or effective prohibition, provided the review authority finds the following:
A.a.The applicant has provided the review authority with the technical service objective, including existing and anticipated service levels to be achieved by the proposed wireless facility;
B.b.The applicant has provided the review authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in in accordance with the standards in this section; c. The applicant has demonstrated to the review authority that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's technical service objective or that would avoid an actual or effective prohibition of service.
17.44.070 Operation and maintenance standards.
A. Contact and Site Information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. The applicant shall notify the city of any changes to the information submitted within thirty days of any change, including change of the name or legal status of the owner or operator. This information shall include the following:
1. Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;
2. Name, address, and telephone number of a local contact person for emergencies;
3. Type of service provided; and
4. Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.
B. Facility Maintenance. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed by the service provider from any facility or equipment as soon as practicable, and in no instances more than forty-eight hours from the time of notification by the city.
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Cotati Municipal Code
Chapter 17.44 TELECOMMUNICATIONS FACILITIES
The Cotati Municipal Code is current through Ordinance 917, passed December 13, 2022.
C. Landscaping Maintenance. All trees, foliage, and other landscaping elements on a communication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall be submitted for approval to the director or to the design review board. The commission may also require a landscape maintenance agreement.
D. Noise. Each communication facility shall be operated so as to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of ten p.m. and seven a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of sixty decibels at the property line.
E. Site Inspection Required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this chapter.
F. Exterior Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. Light fixtures shall be low wattage, hooded, dark sky compliant and downward directed. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.080 Discontinuance and site restoration.
All equipment associated with a communication facility shall be removed within thirty days of the discontinuance of the use and the site shall be restored to its original preconstruction condition, to the approval of the director. The service provider shall provide the city with a notice of intent to vacate a site a minimum of thirty days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment. (Ord. 766 ß 2 Exh. A (part), 2004).
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Cotati Municipal Code Chapter 17.90 Definitions
Telecommunications facility means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. The following terms and phrases are defined for the purposes of Chapter 17.44 (Telecommunications Facilities) of this title.
1. Antenna means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals.
2. Breakpoint technology means engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole
3. Co-location means the location of two or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of communication facilities with other facilities (e.g., water tanks, light standards, and other utility facilities and structures).
4.. Communication facility means an unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
5. Equipment cabinet means a cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility.
6. Monopole means a single freestanding pole, post, or similar structure, used to support equipment associated with a single communication facility.
7. Multipoint distribution service means a microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multichannel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission.
8.. Service provider means any authorized provider of telecommunications services.
9. Stealth design means a design or treatment that minimizes adverse aesthetic and visual impacts. Stealth design facilities visually and operationally blend into the surrounding area in a manner consistent with existing development and the surrounding environment by means of camouflaging, disguising, and/or screening.
10. Tower means any ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade.
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ORDINANCE NO.
ORDINANCE OF THE COTATI CITY COUNCIL AMENDING CHAPTERS 17.22, 17.44 AND 17.90 OF TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO
ALLOW TELECOMMUNICATION FACILITIES IN THE OSR, CE, CG, CD, CA AND
THE NG ZONING DISTRICTS, SUBJECT TO USE PERMIT APPROVAL, CITYWIDE WHEREAS, on October 23, 2023, the project applicant, T-Mobile filed an rezoning application proposing to amend the City’s land use regulations regarding telecommunication facilities with the goal to both bring the current zoning ordinance into compliance with state and federal law, and to broaden the areas in the City where telecommunication facilities are permitted to be constructed and installed; and
WHEREAS, telecommunication facilities and infrastructure have become an eaver increasing aspect of daily life, and a significant number of state and federal laws have been passed limiting the ability and scope of what aspects of telecommunication facilities may be regulated by the City; and
WHEREAS, the City of Cotati has recognized the importance of telecommunication facilities and infrastructure in supporting equitable access to information, and the provision of emergency services; and
WHEREAS, on February 22, 2012, the Federal government adopted the Middle Class Tax Relief and Job Creation Act of 2012 (Act), including Section 6409(a) of the Act which provides that state or local governments may not deny, and shall approve, any request for collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station, provided the action does not substantially change the physical dimensions of the tower or base station; and
WHEREAS, subsequently, on January 25, 2013, the Federal Communications Commission (FCC) released a Public Notice that provides guidance on interpretation of Section 6409(a), including a definition of “substantial change” providing further clarity and direction regarding how local government shall process telecommunication infrastructure and facilities applications; and
WHEREAS, this Ordinance is necessary to provide for the public safety, convenience, and general welfare of the residents of the City of Cotati. The amendment to Title 17 (Land Use) of the Cotati Municipal Code, enacted by this Ordinance, is necessary to ensure the proper and legal review of telecommunication facilities and infrastructure throughout the City; and WHEREAS, one of the purposes of Title 17 of the Cotati Municipal Code is to ensure that the General Plan may be implemented, and adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to its goals; and 372 of 403
WHEREAS, one of the purposes of the Cotati Municipal Code is to codify which land uses are allowed and set the standards for said land uses in order to preserve the quality of life in Cotati; and
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on November 6, 2023, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance adopting amendments to Sections
17.22 Allowable Land Uses, 17.44 Telecommunications Facilities, and 17.90 Definitions of the Cotati Municipal Code. After reviewing and providing direction to staff, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and
WHEREAS, based on the record, the City Council finds that the proposed zoning code amendments are consistent with and facilitate the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Cotati does hereby find and resolve as follows:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are incorporated into the findings herein.
SECTION 2. Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) all staff reports, City files and records, and 4) the City’s Zoning Map.
SECTION 3. General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to amend the Cotati Municipal Code Chapters 17.22, 17.44 and 17.90, as set forth in this Ordinance, is in the best interest of the City in that it will further establish goals, policies, and implementation programs of the General Plan.
Specifically, these amendments are consistent with and implement the following General Plan Goals, Policies and Objectives:
Goal CSF 1 Provide high quality public services and facilities to all residents, businesses and visitors in Cotati.
Policy EV 1.2: Ensure the long-term public services and infrastructure needs of the community are met as part of the overall approach to economic vitality and sustainability. 373 of 403 Goal LU 3 Provide for a range of Commercial, Industrial and Mixed Uses to provide Cotati’s residents access to jobs and employment to support the local economy.
Policy LU 4.1 Ensure that public facilities, services and amenities are distributed in a manner that enhances the quality of life for the broadest number of Cotati’s residents.
Objective OS 1C Balance Open Space conservations with economic development needs.
SECTION 4. Compliance with the California Environmental Quality Act.
The Planning Commission of the City of Cotati does hereby find that the proposed ordinance to amend Title 17 (Land Use) of the Cotati Municipal Code Chapters 17.22, 17.44 and 17.90, as set forth in this Ordinance qualifies for the categorical exemption for existing facilities in Section 15301, the categorical exemption for minor alterations in Section 15305, and the commonsense exemption in Section 15061(b)(3). In addition, the proposed ordinance is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11); that this ordinance is consistent with and implements the City’s adopted General Plan, and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is required under CEQA Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.
SECTION 5: Amendment to the Cotati Municipal Code. Section 17.22.020, Table 2-2 is amended to include the Telecommunications Facility Land Use in the OSR, CE, CG, CD, NG and CA zoning districts, as follows:
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure UP UP P P - - - 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, - UP UP UP - - - 17.42.240 374 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
orchard, vineyard(5)
Market garden - - P P P P P 17.42.230,
17.42.240
Plant nursery - UP UP - - - -
Winery, small scale - - UP(2)- - - -
Industry, manufacturing and
processing, wholesaling - - - - - - -
Artisan/craft product
manufacturing
- UP UP(3)- - - -
Recreation, Education and Public Assembly Uses
Community garden(5)- UP P P P P P 17.42.220,
17.42.240
Equestrian facility - UP UP - - - -
Meeting facility, public or private - UP - - UP UP UP
Park UP P P P P P P
Playground - P P P P P P
Private residential recreation
facility
- - - UP UP UP UP
School - Elementary, middle,
secondary
- - - UP UP UP -
Residential Uses
Accessory dwelling unit - - P P P P P 17.42.170
Caretaker quarters UP UP - - - - -
Cottage housing - - - - S S S 17.42.125
Home occupation - - P P P P P 17.42.080
Junior accessory dwelling unit - - P P P - - 17.42.170
Mobilehome park - - UP UP UP UP UP 17.42.110
Mobile/manufactured home - - P P P P P 17.42.110
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P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Multifamily housing, 2 units - - - - UP P P 17.42.120
Multifamily housing, 3 or 4 units - - - - - P P 17.42.120 Multifamily housing, 5 to 9 units - - - - - P P 17.42.120 Multifamily housing, 10 or more
units
- - - - - - P 17.42.120
Multifamily housing, up to 100
units with 25% affordable
- - - - - - P 17.42.120
Organizational house (sorority,
monastery, etc.)
- - - - - - UP
Residential accessory use or
structure
- - P P P P P 17.42.160
Residential care facility for the
elderly (RCFE)
- - UP UP UP UP UP
Residential care, 11 or more
clients
- - UP UP UP UP UP
Residential care, 6 or fewer
clients, in a single-family
dwelling
- - P P P P P
Residential care, 7 to 10 clients - - UP UP UP UP UP
Residential component of a mixed
use project
- - - - UP UP UP 17.42.100
Rooming or boarding house - - - - - - UP
Single-family dwelling - - P P P UP(4) UP(4)
Retail Trade
Accessory retail and services - - - - UP UP UP
Convenience store, 1,200 sq. ft. or
less
- - - - UP UP UP
Farmers Market(5)- UP - - - - -
Garden Stand - - P P P P P 17.42.130,
17.42.230
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P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Produce stand(5)- UP UP UP - - - 17.42.130
Services - Business and Professional
Medical services - Extended care - - - - - UP UP
Office - Accessory - P P P P P P
Services - - - - - - -
Adult day care - 6 or fewer clients - - P P P P P
Adult day care - 7 to 14 clients - - UP UP UP UP UP
Adult day care - 15 or more
clients
- - UP UP UP UP UP
Child day care - Small family day
care home
- UP P P P P P
Child day care - Large family day
care home
- - P P P - - 17.42.060
Child day care - Day care center - UP - - - UP UP 17.42.060 Kennel, animal boarding - - UP - - - -
Lodging - Bed and breakfast inn
(B&B)
- - UP UP - - - 17.42.050
Personal services - 1,000 sq. ft. or
less
- - - - - UP UP
Public safety facilities - - UP UP UP UP UP
Transportation, Communications and Infrastructure
Electric vehicle charging station(5) P P P P P P P 14.38 Solar collector S S S S S S S 17.30.084
Telecommunications facility (7)- S - - - - - 17.44;
17.44.065
Windmills - - UP - - - - 17.42.190
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Key to Zoning District Symbols
OSC Open Space -
Conservation
NL Neighborhood - Low
Density
OSR Open Space -
Recreation
NM Neighborhood -
Medium Density
RR Rural Residential NU Neighborhood - Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan. (5) Permitted as an accessory use.
(6) Fees for crop production, horticulture, orchard, vineyard; community garden; farmers market; and produce stand planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearing for these uses shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the directors discretion.
(7) Telecommunications facilities are subject to the limited waiver provision and other regulations described in Chapter 17.44.
Table 2-2: Allowed Land Uses and Permit Requirements - Cannabis Uses
RESIDENTIAL
LAN
D
USE
MAXIM
UM
CULTIV
ATION
AREA
PER
PARCEL
(square
feet of
canopy
or # of
plants)
MINI
MUM
PARC
EL
SIZE
STA
TE
LICE
NSE
TYP
E
Open
Space
Conser
vation
Open
Space
Recre
ation
Rural
Resid
ential
Resid
ential
Very
Low
Neighbo
rhood
Low
Neighbo
rhood
Mediu
m
Neighbo
rhood
Urban
Med/
AU OSC OSR RR RVL NL NM NU
PERSONAL CANNABIS
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RESIDENTIAL
LAN
D
USE
MAXIM
UM
CULTIV
ATION
AREA
PER
PARCEL
(square
feet of
canopy
or # of
plants)
MINI
MUM
PARC
EL
SIZE
STA
TE
LICE
NSE
TYP
E
Open
Space
Conser
vation
Open
Space
Recre
ation
Rural
Resid
ential
Resid
ential
Very
Low
Neighbo
rhood
Low
Neighbo
rhood
Mediu
m
Neighbo
rhood
Urban
Med/
AU OSC OSR RR RVL NL NM NU
CULTIVATION; No Permit
Required
Perso
nal or
Careg
iver
Cultiv
ation
(insid
e
dwelli
ng
unit
or
access
ory
struct
ure
only)
6 plants/par
cel
None Exem
pt - - P P P P P
COMMERCIAL CANNABIS
USES, Commercial Cannabis
Permit Required(1)
COMMERCIAL
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LAND
USE
MAXIMU
M
CULTIV
ATION
AREA
PER
PARCEL
(square
feet of
canopy or
# of
plants)
MINI
MUM
PARC
EL
SIZE
STAT
E
LICE
NSE
TYPE
East
Cotat
i
Aven
ue
Corri
dor
Graven
stein
Highw
ay
Corrid
or
Downto
wn
Comme
rcial
Comme
rcial/
Industri
al
Gener
al
Indus
trial
Publ
ic
Faci
lity
Specifi
c Use
Regula
tions
Med/
AU CE CG CD CI IG PF
PERSONAL CANNABIS
CULTIVATION; No Permit Required
Personal
or
Caregive
r
Cultivati
on
(inside
dwelling
unit or
accessor
y
structure
only)
6 plants/parc
el
None Exem
pt P
(1, 2) P(2) P(2)
- - -
COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit
Required(3)
Outdoor Cultivation
Specialt
y
5,000 sf or
50 plants None 1/1 - - - - - -
Small 5,001 -
10,000 sf None 2/2 - - - - - -
Medium 10,001 -
43,560 sf None 3/3 - - - - - -
Large 43,561 sf
or larger None 5/5 - - - - - -
Nursery 20,000 sf None 4/4 - - - - - -
Indoor Cultivation(4)
Specialt 501 - 1A/1A - - - - - -
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y 5,000 sf
Small 5,001 -
10,000 sf 2A/2A - - - S S S
17.42.2 00
Medium 10,001 -
22,000 sf 3A/3A - - - S S S
17.42.2 00
Large 22,001 or
larger 5A/5A - - - - - -
Mixed Light Cultivation
Specialt
y
Cottage
2,500 sf 1C/1C - - - - - -
Specialt
y
2,501 -
5,000 sf 1B/1B - - - - - -
Small 5,001 -
10,000 sf 2B/2B - - - - - -
Medium 10,001 -
22,000 sf 3B/3B - - - - - -
Large 22,001 or
larger 5B/5B - - - - - -
MANUFACTURING(5)
Manufac
turer 1:
NonVolatile/
No
Solvents
N/A 6/6 - - - S S S
17.42.2 00
Manufac
turer 2:
Volatile
Solvents
N/A 7/7 - - - S S S
17.42.2 00
TESTING
Testing
Laborato
ries
8/8 - P - P P P
RETAIL (w/delivery)
Nonstore
front
Retailer
(delivery
only)
9/9 - - - S S S
17.42.2 00
Storefro
nt 10/10 - S - - - -
17.42.2 00
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Retailer
DISTRIBUTOR
Distribut
or(6) 11/11 - S - S S S
17.42.2 00
MICROBUSINESS (with delivery
and/or cannabis consumption
cafe/lounge)
Microbu
siness 12/12 - S - - - -
17.42.2 00
NOTES:
- Use Not Allowed P Permitted Use
S Check specific use regulations, as noted. UP Use permit required. sf means square feet. AU means adult or recreational use. (1) Commercial cannabis uses are not allowed in any residential zones. (2) Allowed only in residential use portions of mixed-use development. (3) Commercial cannabis uses are not allowed within the Downtown Specific Plan or Santero Way Specific Plan areas.
(4) Nursery use is allowed as part of any city-issued indoor cultivation cannabis permit.
Specialty cottage cultivation is not permitted.
(5) Each manufacturing use type can perform related subtypes for infusion of products and/or packaging and labeling. Shared use facilities are not permitted. Processor activities are considered part of cultivation, manufacturing, or distribution permit approvals, and subject to the applicable cannabis business tax, as determined by the city. (6) Includes transport-only distributor.
Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing - - - - P -
382 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Artisan/craft product
manufacturing
MUP MUP MUP P P - See Note 5
Below
Brewery - Brew pub MUP MUP MUP - - -
Brewery - Production - - - UP UP -
Construction contractor - - - - UP -
Food and beverage product
manufacturing
- - - - MUP MUP
Furniture and fixtures
manufacturing, cabinet shop
- - - P P -
Industrial research and
development
- MUP - P MUP -
Laboratory - Medical,
analytical, research and
development
P P - P MUP -
Laundry, dry cleaning plant - - - - UP -
Manufacturing/processing -
Light
- - - MUP P -
Manufacturing/processing -
Medium intensity
- - - MUP MUP -
Manufacturing/processing -
Heavy
- - - - UP -
Media production P P - P P -
Printing and publishing UP UP - P P -
Recycling - Reverse vending
machine
MUP MUP - - - -
Recycling - Small collection
facility
UP UP - UP P - 17.42.150
Recycling - Medium collection
facility
- - - UP UP - 17.42.150
Storage - Outdoor - - - UP UP - 17.42.140
Storage - Personal storage - - - - - -
383 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
facility (mini-storage)
Storage - Warehouse, indoor
storage
- - - UP - -
Wholesaling and distribution - - - UP UP -
Winery - Boutique - UP - MUP MUP -
Winery - Production - - - MUP MUP -
Recreation, Education and Public Assembly Uses
Adult-oriented business - - - - S - 17.40
Commercial recreation facility
- Indoor - 5,000 sq. ft. or less
UP P - P - -
Commercial recreation facility
- Indoor - More than 5,000 sq.
ft.
UP MUP - UP - -
Commercial recreation facility
- Outdoor
- - - UP - -
Conference/convention facility
- 5,000 sq. ft. or less
UP MUP UP(2) MUP - UP
Conference/convention facility
- More than 5,000 sq. ft.
UP UP UP(2) UP - UP
Health/fitness facility UP P UP(2) P UP -
Library, museum P P MUP P - P
Meeting facility, public or
private - 5,000 sq. ft. or less
UP MUP MUP(2) MUP - MUP
Meeting facility, public or
private - More than 5,000 sq.
ft.
UP UP UP(2) UP - UP
Park P P P - - P
School - Elementary, middle,
secondary
UP(2) UP(2)- - - UP
School - Specialized
education/training
UP(2) UP(2) UP(2) UP - UP
384 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Sports and entertainment
assembly
- - - UP - UP
Studio - Art, dance, martial
arts, music, etc.
P P MUP(2) P UP -
Theater UP MUP MUP MUP - UP
Residential Uses
Accessory dwelling unit P P P - - - 17.42.170
Emergency/transitional shelter - - S - - S 17.42.072
Home occupation P P P - - - 17.42.080
Live/work unit UP UP - UP UP - 17.42.090
Residential care facility for the
elderly (RCFE)
UP MUP - - - UP
Residential care facility, 7 or
more clients
UP - - - - UP
Residential component of a
mixed use project
P P P - - - 17.42.100
Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales -
Associated with a restaurant(4)
P P P P UP - 17.42.030
Alcoholic beverage sales UP UP UP - - - 17.42.030
Antique or collectible store MUP P MUP - - -
Artisan shop P P P P - -
Auto and vehicle sales and
rental
- UP - MUP UP -
Auto parts sales with no
installation services
- P - P - -
Bar, tavern UP UP UP - - -
Building and landscape
materials sales - Indoor
- P - P P -
385 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Building and landscape
materials sales - Outdoor
- UP - MUP - - 17.42.130
Construction and heavy
equipment sales and rental
- - - MUP MUP - 17.42.130
Convenience store UP UP - UP - -
Drive-through retail - UP - UP - - 17.42.070
Extended hour retail UP MUP MUP MUP - -
Farm supply and feed store - P - P - -
Farmers market(8) MUP MUP MUP MUP UP UP
Formula-based fast food
restaurant
S S S - - - 17.42.071
Fuel dealer (propane for home
and farm use, etc.)
- - - UP UP -
Furniture, furnishings and
appliance store
P P UP P UP -
General retail - Less than 5,000
sq. ft.
P P P P - -
General retail - 5,000 sq. ft. to
20,000 sq. ft.
P P P P - -
General retail - More than
20,000 sq. ft.
UP P UP P - -
Groceries, specialty foods -
10,000 sq. ft. or less
P P P P - -
Groceries, specialty foods -
More than 10,000 sq. ft.
UP MUP UP MUP - -
Mobilehome, boat, or RV sales - - - MUP - -
Night club UP UP UP - - -
Outdoor display and sales MUP MUP MUP MUP - - 17.42.130 Plant nursery - MUP - MUP MUP -
Restaurant - Outdoor dining(6) P/
MUP
P/
MUP
P/
MUP
P/
MUP
- - 17.42.130(E)
386 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Restaurant, cafe, coffee shop P P P P UP -
Retail complex UP P UP P - -
Retail display gallery - P P - - - 17.90.020
Second hand store UP UP UP - - -
Service station (nonfossil fuels
sales)
UP UP UP - - - 17.42.180
Tasting room UP P P P - -
Warehouse retail - MUP - UP - -
Services - Business, Financial, Professional
ATM P P P P - -
Bank, financial services P P UP P - -
Business support service P P P
(2) UP - -
Medical services - Doctor
office
UP P
(2) P(2)
- - -
Medical services - Clinic,
urgent care
UP - - - - -
Office - Accessory P P P P P P
Office - Business/service UP UP(2) P
(2) P - -
Office - Government MUP MUP MUP MUP MUP MUP
Office - Processing UP(2) MUP UP(2) MUP - -
Office - Professional/
administrative
P P P
(2) P - -
Services - General
Accessory retail or services P P P P P P 17.42.015
Adult day care UP - - - - UP
Catering service - - - P P -
Child day care center MUP P MUP MUP - UP
Drive-through service - UP - - - - 17.42.070
Equipment rental - - - MUP UP - 17.42.140
387 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Kennel, animal boarding - MUP - MUP UP -
Lodging - Bed and breakfast
inn (B&B)
P P MUP - - -
Lodging - Boutique hotel or
motel
UP UP UP - - -
Lodging - Hotel or motel UP UP UP - - -
Maintenance service - Client
site services
- - - P P -
Mortuary, funeral home UP - - - - -
Personal services P P P P - -
Personal services - Restricted UP(2)- - - - -
Public safety facility UP UP UP UP UP P
Repair service - Equipment,
large appliances, etc.
- - - P P -
Social service organization MUP(2) MUP(2)- MUP - UP
Vehicle services - Major
repair/body work
- - - UP MUP -
Vehicle services - Minor
maintenance/repair
- - - UP UP -
Veterinary clinic, animal
hospital
MUP P - P MUP -
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine
storage
- - - - UP -
Broadcasting studio - UP(2) UP(2) MUP - -
Electric vehicle charging
station(7)
P P P P P P 14.38
Parking facility, public or
commercial
UP UP UP - - P
Telecommunications facility S S S S S S 17.44
388 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
- Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Transit station or terminal UP UP UP UP - UP
Utility facility - - - UP UP UP
Vehicle storage - - - - UP -
Key to Zoning District Symbols
CE East Cotati Avenue
Corridor
CI Commercial/Industrial
District
CG Gravenstein Highway
Corridor
IG General Industrial
District
CD Downtown
Commercial
PF Public Facility District
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use.
(3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Permitted as an accessory use.
(8) Fees for farmers market planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearings shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the directors discretion. 389 of 403
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
- Use not allowed
PERMIT REQUIRED BY
LAND USE(1) DISTRICT
HC LP NG CA
Specific
Use
Regulations
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility - Indoor MUP - MUP MUP
Conference/convention facility - - UP(2) UP
Health/fitness facility UP(2)- P P
Library, museum P - P P
Meeting facility, public or private - UP UP(2) UP
Park, Playground P P P P
School - Specialized education/training UP - UP UP
Studio - Art, dance, martial arts, music,
etc.
P P P P
Theater (cinemas or performing arts) MUP - P P
RESIDENTIAL USES
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Residential component of a mixed use
project
P P P P 17.42.100
Residential care facility for the elderly
(RCFE)
- UP UP UP
Residential care facility, 7 or more clients - UP - -
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Broadcasting studio UP(2)- UP(2)-
Electric vehicle charging station(7) P P P P 14.38
390 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
- Use not allowed
PERMIT REQUIRED BY
LAND USE(1) DISTRICT
HC LP NG CA
Specific
Use
Regulations
Parking facility UP UP UP(2) UP
Transit station or terminal P P P P
RETAIL TRADE
Accessory retail or services P P P P
Alcoholic beverage sales - associated
with a restaurant(4)
P P P P 17.42.030
Alcoholic beverage sales - off-sale UP UP UP UP 17.42.030 Antique or collectible store P P P P
Artisan/craft product manufacturing MUP MUP MUP MUP See Note (5) below
Artisan shop P P P P
Auto parts sales with no installation
services
- - - P
Bar, tavern UP UP UP UP 17.42.030
Brewery - Brew pub MUP MUP MUP MUP
Convenience store - - UP UP
Extended hour retail UP MUP P P
Furniture, furnishings and appliance store UP - MUP MUP General retail - Less than 5,000 sf P P P P
General retail - 5,000 sf to 20,000 sf P - P P
General retail - More than 20,000 sf
(Max. 43,000 sf)
- - MUP MUP
Groceries, specialty foods - 10,000 sf or
less
P P P P
Groceries, specialty foods - More than
10,000 sf
- - P UP
Night club UP - UP UP
Outdoor display and sales MUP MUP MUP MUP 17.42.130
391 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
- Use not allowed
PERMIT REQUIRED BY
LAND USE(1) DISTRICT
HC LP NG CA
Specific
Use
Regulations
Restaurant - Outdoor dining on private
property(6)
P/MUP P/MUP P/MUP P/MUP 17.42.130
Restaurant - Outdoor dining in public
right-of-way
P P P P 17.42.130
Restaurant, cafe, coffee shop P P P P
Retail complex - - UP UP
Retail display gallery P P P P 17.90.020
Second hand store UP - - -
Service station (nonfossil fuels sales) - - - UP 17.42.180 Tasting room P P P P
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM P P P P
Bank, financial services P P P P
Business support service P
(2) P(2) P(2) P
Medical services - Doctor office P P P P
Medical services - Clinic, urgent care - - - P
Office - Accessory P P P P
Office - Business/service P
(2) P(2) P(2) P
Office - Government UP UP UP UP
Office - Processing UP(2)- UP(2)-
Office - Professional/administrative P
(2) P P(2) P
Veterinary clinic, animal hospital P P P P
SERVICES - GENERAL
Accessory retail or services P P P P 17.42.015
Adult day care UP(2) UP(2) UP(2) UP
Child day care center UP UP P UP
Lodging - Bed & breakfast inn (B&B) P P P UP
392 of 403
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
- Use not allowed
PERMIT REQUIRED BY
LAND USE(1) DISTRICT
HC LP NG CA
Specific
Use
Regulations
Lodging - Boutique hotel and motel UP UP P P
Lodging - Hotel UP(2) UP(2) P P
Personal services P P P P
Public safety facility - - - -
Social service organization - UP(2) UP(2) UP
Telecommunications facility (8)- - S S 17.44;
17.44.065
Vehicle services - Minor
maintenance/repair
- - - UP
Key to Zoning District Symbols
HC Historic Core NG Northern Gateway
LP La Plaza CA Commerce Avenue
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C) (Limitation on the Location of Allowable Land Uses), or behind an allowed ground floor street frontage use.
(3) Where allowed by the downtown specific plan ís regulating plan. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Permitted as an accessory use.
(Ord. 917 ß 4 (Exh. 1), 2022; Ord. 915 ß 5, 2022; Ord. 910 ß 3, 2022; Ord. 908 ß 5 (Exh. 1 ß 7), 2022; Ord. 906 ß 6, 2021; Ord. 902 ß 6, 2021; Ord. 895 ß 2(A) Exh. 2 (part), 2020: Ord. 893 ß 5, 393 of 403
2020; Ord. 888 ß 1, 2019; Ord. 883 ß 6 (Att. A), 2018; Ord. 823 ß 2(C) Exh. C (part), 2009; Ord. 812 ß 1, 2008; Ord. 801 ß 1, 2007; Ord. 787 ß 2, 2007; Ord. 766 ß 2 Exh. A (part), 2004). (8) Telecommunications facilities are subject to the limited waiver provision and other regulations described in Chapter 17.44.
SECTION 6: Amendment to the Cotati Municipal Code. Chapter 17.44 is amended as follows:
Chapter 17.44
TELECOMMUNICATIONS FACILITIES
Sections:
17.44.010 Purpose.
17.44.020 Definitions.
17.44.030 Applicability.
17.44.040 Permit requirements.
17.44.050 Limitations on location.
17.44.060 Facility design and development standards.
17.44.070 Operation and maintenance standards.
17.44.080 Discontinuance and site restoration.
17.44.010 Purpose.
This chapter establishes development standards consistent with federal law to regulate the placement and design of communication facilities so as to preserve the unique visual character of the city, promote the aesthetic appearance of the city, and to ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the city. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.020 Definitions.
The technical terms and phrases used in this chapter are defined in Article 9 (Glossary) of this title under Communications facilities. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.030 Applicability.
The location, permit requirements, and other provisions of this chapter shall apply to all communications facilities within the city, except the following, which are exempt from this chapter. All communication facilities shall also comply with all applicable requirements of state and federal law:
A. Replacement or modification of previously permitted facilities or equipment determined by the director to be:
1. Of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the ancillary related equipment at the site. 394 of 403
2. An Eligible Facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station, as defined in 47 CFR § 1.6100 et. seq., as may be amended over time.
B. An antenna that is one meter (39.37 inches) or less in diameter or diagonal measurement, that is designed:
1. To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or
2. For subscribing to a multipoint distribution service.
C. A satellite earth station (SES) antenna of two meters (78.74 inches) or less in diameter or diagonal measurement, located in a commercial or industrial zoning district, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna.
These antennas may require a building permit and approval of the placement by the director to ensure maximum safety is maintained. In order to avoid tripping hazards and the creation of an attractive nuisance, these antennas shall be placed whenever possible, on the top of buildings as far from the edge of rooftops as possible. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.040 Permit requirements.
A. Use Permit or Minor Use Permit. Use permit approval is required for all communication facilities subject to this chapter, except for the following, which shall require minor use permit approval or as is identified in Section 17.44.050 B. below. The director shall ensure through the minor use permit approval that each of the following facilities complies with all applicable requirements of this chapter. The director may also choose to defer action and refer any of the following facilities to the commission for consideration as a use permit application:
1. An antenna that is installed, placed, and maintained under the roofline of an existing structure, behind a new or existing roof screen, is camouflaged as a stealth design or feature, or as otherwise positioned so as not to be readily visible from a public right-of-way or other property;
2. A communication facility in which the antenna is mounted on a mast less than ten feet high, is not located on an historic structure, and is not visible from a public right-of-way;
3. Minor modifications to existing legally established telecommunication facilities in any zoning district:
4. An amateur and/or citizens band antenna operated by a person holding a license issued by the FCC in compliance with 47 C.F.R. Part 97, and used solely in connection with that license, and which shall be subject to the minimum practicable regulation to accomplish the local authority’s legitimate purpose in keeping with the order of the FCC known as PRB-1, FCC 85-506, released September 19, 1985; provided that there shall be no more than one antenna support structure on a single parcel and that the antenna structure complies with the height limits of the applicable zoning district.
B. Application Requirements. In addition to the information required for use permit or minor use permit application by Chapter 17.60 (Permit Application Filing and Processing) of this title the application for a communication facility shall include:
395 of 403
1. Certification acceptable to the director that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation; and
2. A report, as required by the police department, to evaluate the potential for interference (e.g., HF, UHF, VHF, eight hundred mHz). The applicant shall be responsible for paying any costs incurred by the city, including the costs of retaining consultants, to review and analyze the report.
C. Master Use Permit. A service provider who intends to establish multiple wireless telecommunications facilities within the city is encouraged to apply for the approval of all facilities under a master use permit. Under this approach, all proposed facilities may be acted upon by the city as a single application, ensuring feasibility of long range company projections.
D. Communications Consultant May Be Required. In the event that the city needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. This service will be provided at the applicant’s expense.
E. Required Findings for Approval. The approval of a use permit for a communication facility shall require that the review authority first make the following findings, in addition to those required for use permit approval by Section 17.62.050 (Use permit and minor use permit) of this title:
1. The communication facility complies with all applicable requirements of this chapter; and
2. The communication facility will not adversely impact the character and aesthetics of any public right-of-way. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.050 Limitations on location.
A. Zoning District Priorities. A communication facility shall be not be approved or located within other than the PF (public facility) zoning districts; except that the review authority may approve a facility within an industrial, Open Space Recreation (OSR) or commercial district if it first determines that the applicant has demonstrated that all PF and OSR zoning district options are infeasible, and that there is no site within a PF or OSR district where the communication facility would provide adequate coverage. All other exceptions are subject to Section 17.44.065.
B. Co-Location Required. A new communication facility shall be co-located with existing facilities and with other planned new facilities whenever feasible, and whenever determined by the review authority to be aesthetically desirable. Colocation of new telecommunication equipment onto an existing legally established telecommunication facility is subject to Administrative Design Review only, consistent with the requirements of the Middle-Class Tax Relief and Job Creation Act of 2012, or as otherwise required by Federal law, as may be amended from time to time. Where feasible, a service provider shall co-locate a new communication facility with noncommunications facilities (e.g., light standards, water tanks, and other utility structures) or existing structures where the review authority determines that this colocation will minimize the overall visual impact.
1. A service provider shall exhaust all reasonable measures to co-locate their communications facilities on existing towers or with or within existing ancillary support equipment facilities before applying for a new communication facility site. 396 of 403
2. Each service provider shall provide the city with evidence that they have contacted all other potential providers who have, or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and have offered to participate in a joint installation project on reasonable terms.
3. In order to facilitate co-location, use permit conditions of approval for a new facility shall require each service provider to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where determined by the review authority to be feasible and aesthetically desirable.
C. Siting on Historically Significant Structures Prohibited. No communication facility shall be sited on a structure that is listed on the National Register of Historic Places or the California Register, identified as an historic structure in a local historic survey or registry or as determined by a qualified architectural historian as having significant historic contribution to the area.
D. City-Owned Property. A communication facility shall not adversely affect the public health, peace, safety or welfare. In order to best benefit the citizens of Cotati from this necessary community impact, the commission shall always consider city-owned sites as the highest priority for the location of communication facilities. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.060 Facility design and development standards.
Each proposed communication facility shall comply with all of the following standards:
A. Facility Placement.
1. Standards for All Facilities.
a. A communication facility located on the roof of a structure that complies with applicable height limits shall be set back from the nearest roof edge the equivalent of the height of the tower or a minimum of ten feet, whichever is greater. Alternatively, the facility may be designed to incorporate within an architectural design feature of an existing structure or screened with radio frequency transparent materials that mimic the existing architectural design or features of an existing structure. b. A ground-mounted communication facility (including towers and antennas) shall be set back from property lines at a ratio of one horizontal foot for every one foot in height. c. If a tower has been constructed using breakpoint technology as defined in Chapter
17.90 Definitions, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, plus the minimum setback distance. For example, on a 100-foot-tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum setback for that zoning district. Certification by a Registered Professional Engineer licensed by the State of California of the breakpoint design and the design’s fall radius must be provided together with the other information required herein from an applicant. d. A tower or antenna shall be set back from any site boundary or public right-of-way by a minimum of twenty-five feet and shall be located and designed so as to not be readily visible from the nearest residentially zoned property. No part of any tower shall extend into a required front setback or beyond a property line of the site. 397 of 403
e. Communication facilities other than towers and antennas shall be located either within a structure, underground, in a rear yard (not visible from a public right-of-way) or on a screened rooftop area. A ground-mounted facility that is located within a front or side setback or within a public right-of-way shall be underground so that the facility will not detract from the image or appearance of the city.
2. Facilities Within Industrial, Public, Open Space Recreation, or Commercial Districts.
Communications facilities, including telecommunication towers, located within an industrial, public, recreation or commercial zoning districts shall also comply with the following standards:
a. A minimum distance of five hundred feet shall be provided between towers, and there shall be no more than two towers on a single assessor’s parcel or developed site, unless the towers are located on a public facility as described in subsection (A)(1) of this section.
b. A service provider shall not locate more than one communication facility in any one location unless additional facilities are approved by the commission. c. Communication facilities shall require a stealth design if the proposed facility would be readily visible to residential dwelling units or the public right-of-way.
B. Height Limitations.
1. All ground-mounted communication equipment, antennas, poles, or towers shall be of a minimum functional height.
2. The height of tower located on the ground shall not exceed sixty feet in the PF (public facilities) and open space recreation zoning districts and thirty-five feet in an industrial, or commercial, zoning district, unless additional height is required to meet a technical service objective. If the proposed facility exceeds the maximum height for the underlying zone, the applicant shall provide the following:
a. Evidence establishing the necessity of the proposed height for the facility. b. A discussion of the physical constraints (topographical features, etc.) making the additional height necessary.
3. The height of a communications facility located on a structure other than a dedicated support tower shall not exceed fifteen feet above the maximum height allowed by the subject zoning district.
4. An antenna mounted on the side of a structure shall not extend above the structure’s parapet so that it is visible from below against the sky.
C. Colors and Materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna’s background color. All ground-mounted equipment shall be covered with a clear antigraffiti type material of a type approved by the director or shall be adequately secured to prevent graffiti.
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D. Screening, Landscaping. All ground-mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation to the maximum extent feasible. Ground-mounted facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the director or by the commission. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objectives.
E. Additional Screening and Landscaping. As part of project review, the director, the commission, or the council (on appeal) may require use of a stealth design, additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to public rights-of-way.
F. Power Lines. All power lines to and within a communication facility site shall be underground.
G. Backup Power Supplies. A backup power supply (i.e., generator) located in an industrial zoning district shall be enclosed within a structure and operated in compliance with subsection D of this section. In any zoning district, ancillary power supplies and fuel storage tanks to support backup power supplies shall require use permit approval. (Ord. 775 ß 1, 2005; Ord. 766 ß 2 Exh.
A (part), 2004).
17.44.065 Limited Waiver to Avoid Prohibitions of Service In the event that an applicant demonstrates that strict compliance with the Limitations on Location in Section 17.44.050, or the Facility Design and Development Standards in Section
17.44.060 would prohibit or effectively prohibit the applicant’s ability to provide personal wireless services, the review authority may grant a limited waiver from such requirements only to the minimum extent necessary to prevent such prohibition or effective prohibition, provided the review authority finds the following:
a. The applicant has provided the review authority with the technical service objective, including existing and anticipated service levels to be achieved by the proposed wireless facility;
b. The applicant has provided the review authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in in accordance with the standards in this section;
c. The applicant has demonstrated to the review authority that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's technical service objective or that would avoid an actual or effective prohibition of service.
17.44.070 Operation and maintenance standards.
A. Contact and Site Information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. The applicant shall notify the city of any changes to the information submitted within thirty days of any change, including change of the name or legal status of the owner or operator. This information shall include the following:
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1. Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;
2. Name, address, and telephone number of a local contact person for emergencies;
3. Type of service provided; and
4. Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.
B. Facility Maintenance. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed by the service provider from any facility or equipment as soon as practicable, and in no instances more than forty-eight hours from the time of notification by the city.
C. Landscaping Maintenance. All trees, foliage, and other landscaping elements on a communication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall be submitted for approval to the director or to the design review board. The commission may also require a landscape maintenance agreement.
D. Noise. Each communication facility shall be operated so as to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of ten p.m. and seven a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of sixty decibels at the property line.
E. Site Inspection Required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this chapter.
F. Exterior Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules.
The lighting shall be constructed or located so that only the intended area is illuminated and offsite glare is fully controlled. Light fixtures shall be low wattage, hooded, dark sky compliant and downward directed. (Ord. 766 ß 2 Exh. A (part), 2004).
17.44.080 Discontinuance and site restoration.
All equipment associated with a communication facility shall be removed within thirty days of the discontinuance of the use and the site shall be restored to its original preconstruction condition, to the approval of the director. The service provider shall provide the city with a notice of intent to vacate a site a minimum of thirty days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment. (Ord. 766 ß 2 Exh. A (part), 2004). 400 of 403
SECTION 7: Amendment to the Cotati Municipal Code. Chapter 17.44 is amended as follows:
Telecommunications facility means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. The following terms and phrases are defined for the purposes of Chapter 17.44 (Telecommunications Facilities) of this title.
1. Antenna means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals.
2. Breakpoint technology means engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.
3. Co-location means the location of two or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of communication facilities with other facilities (e.g., water tanks, light standards, and other utility facilities and structures).
4.. Communication facility means an unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
5. Equipment cabinet means a cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility.
6. Monopole means a single freestanding pole, post, or similar structure, used to support equipment associated with a single communication facility.
7. Multipoint distribution service means a microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multichannel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission.
8.. Service provider means any authorized provider of telecommunications services.
9. Stealth design means a design or treatment that minimizes adverse aesthetic and visual impacts. Stealth design facilities visually and operationally blend into the surrounding area in a manner consistent with existing development and the surrounding environment by means of camouflaging, disguising, and/or screening.
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10. Tower means any ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade.
SECTION 8: CONSTRUCTION AND SEVERABILITY. It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 9: EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.
SECTION 10: PUBLICATION. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.
Approved:___________________________
Chair
Attest:____________________________
Carla Duncan, Admin. Secretary
Attachments
Exhibit 1: Ordinance amending Title 17 (Land Use) of the Cotati Municipal Code to amend the Cotati Municipal Code Chapters 17.22, 17.44 and 17.90
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Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED Date: February 27, 2024
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.
Pursuant to City Council Policy 2023-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.
1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.
2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.
City Council Policy 2023-01 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected]. 403 of 403