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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T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
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
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T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
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.
ATTACHMENT 1 - PROJECT NARRATIVE
T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
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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T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
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.
ATTACHMENT 1 - PROJECT NARRATIVE
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.
ATTACHMENT 1 - PROJECT NARRATIVE
T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
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
ATTACHMENT 1 - PROJECT NARRATIVE
T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
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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T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
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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T-MOBILE - PROPOSED LAND USE CODE TEXT AMENDMENT
End of Project Narrative.