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 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.
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 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
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
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
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
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
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 - - - - - -
y 5,000 sf
Small 5,001 -
10,000 sf 2A/2A - - -
SSS
17.42.2 00
Medium 10,001 -
22,000 sf 3A/3A - - -
SSS
17.42.2 00
Large 22,001 or
larger 5A/5A - - - - - -
Mixed Light Cultivation
Specialt
y
Cottage
2,500 sf 1C/1C - - - - - -
Specialt y2,501 -
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 - - -SSS
17.42.2 00
Manufac
turer 2:
Volatile
Solvents
N/A 7/7 - - -SSS
17.42.2 00
TESTING
Testing
Laborato
ries
8/8 - P -PPP
RETAIL (w/delivery)
Nonstore
front
Retailer
(delivery
only)
9/9 - - - SSS
17.42.2 00
Storefro
nt 10/10 -
S - - - -
17.42.2 00
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 -
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 - - - - - -
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
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 -
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)
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
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
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.
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
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
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
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, 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.
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:
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.
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. 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.
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:
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).
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.
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