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Home My WebLink AboutTC Agenda 2018-11-07 TOWN OF TIBURON -\ Tiburon Town Council Tiburon Town Hall November 7,2018 1505 Tiburon Boulevard Special Meeting-6:45 P.M. ` Tiburon, CA 94920 Regular Meeting-7:30 P.M. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING-6:45 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks,Councilmember Thier,Councilmember Wehner,Vice Mayor Kulik, Mayor Fraser CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (9 54956.8) Property: 500 Tiburon Boulevard,Tiburon, California;APN's 055-093-06,07,08,09 Agency Negotiators: Greg Chanis,Benjamin Stock Negotiating Parties: Town of Tiburon and Richardson Bay Sanitation District Under Negotiation: Price and terms for possible property acquisition. ADJOURNMENT- to regularmeeti g REGULAR MEETING-7:30 P.M. CALL TO ORDER AND ROLL CALL, Councilmember Fredericks,Councilmember Thier,Councilmember Welner,Vice Mayor Kulilz, iVlayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to. address the Tovvn Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3)minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council,public or staff to remove an item for separate discussion and consideration. if you wish to speak on a Consent Calendar item, please seek recognition by the \Mayor and do so at this time. CC-1. Town Council Minutes — Adopt minutes of October 17, 2018 regular meeting (Town Clerk Stefan) CC-2. Municipal Code Amendments - Adopt amendments to Chapter 2 (Administration) of the Tiburon Municipal Code Correcting Certain References and Clarifying Provisions of the Planning Commission, Design Review Board and Planning Agency (Community Development Department) CC-3. Stewart Drive-Authorize budget amendment in the amount of$31,000 to fund design work for safety improvements to pedestrian crossing at Stewart Drive and Tiburon Boulevard intersection (Department of Public Works) ACTION ITEMS AI-1. Wireless Regulations - Consider adoption of Resolution making amendments to the Tovvn's Wireless Communications (WCF) Standards (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests—October 19&26,2018 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address,phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least S days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at,or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, October 17, 2018, in Town Council Chambers., 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL Vii; PRESENT: COUNCILMEMBERS: Fraser; Fredericks. Kulil ;� �er ABSENT: COUNCILMEMBERS: Weiner ✓ ' " PRESENT: EX OFFICIO: Town Manage nis, Town A Stock, Director of'j T nullity Developme _ derson Director lic Wor s/Town Engino arnes, Town Ste i* A ORAL COMMUNICATIONS Pete Posert, SolarCraft, offered his servic o c,al resider Teck their homes for carbon dioxide emissions to help reduce emissions,In ;.,C I y. PRESENTATION ws • 22nd Annual Hen - ,: reser n Awar"Moan Palmero, Recipient w v� The Heritage & Artsissror mero the Heritage Preservation Award, and she expressed gratitude an CONSEN CC-1 . wn Council Mi es Acpt minutes of October 3, 2018 regular meeting (Town " Stefani) CC-2. Meas on No er 2018 Ballot - Adopt resolution in support of Measure AA and resoluti .% o,< :, rtion to Proposition 6 (Department of Public Works) CC-3. 2018 Ferry Dock Pile Repair Project - Award bid to DRS Marine Inc. and authorize Town Manager to increase construction contract arnount (Department of Public Works) Mayor Fraser pulled Item No. CC-3 from the Consent Calendar for discussion. MOTION: To adopt Consent Calendar Items 1-2, as written. Moved: Fredericks, seconded by Thier VOTE: AYES: Fraser, Fredericks, Kulik, Thier Page I of'7 Totiv» Council Minutes 422-2018 DRAFT October 17, 2018 ABSENT: Wehner CC-3. 2018 Ferry Dock Pile Repair Project - Award bid to DRS Marine Inc. and authorize Town Manager to increase construction contract amount (Department of Public Works) The Council discussed the cost and contingency of the project. Director of Public Works/Town Engineer Barnes clarified that the dramatic difference in cost is due to the fact that DRS Marine Inc. specializes in this type of work. He explained that the contingency is for if an unknown factor is discovered or a change is made, and the project will be overseen 0.aff. �r s MOTION: To adopt Consent Calendar Item No. 3, as written. Moved: Fredericks, seconded by Kulik VOTE: AYES: Fraser, Fredericks, Kulik, Thier „ ABSENT: Welner s, ACTION ITEMS ' " y AI-1. Accessory Dwelling Units - Consider adoptioi1,1 v tandards to accessory dwelling units standards to reflect latest state lawn, K munity Development Department) Director of Community Development And � n s �� -oe legi ire has passed several bills involving accessory dwelling units in recent rs. _ uncil is reviewing revisions to the Town's standards to reflect t atest state said many of the changes are word clarifications, and the major volve p g requirements. Councilmember Frede and Direr r Anderso 'scussed the parking requirements. Director Anderson explained t uirem t--. king space, but added that if the unit is close enough to a transit�'�11 ' not est le. Vice Mayo a rkin`' des may arise, but noted that these are state requirements. He also poi ut a typo" ieal e�� n Page 4 of the draft Resolution. ry„ yr rs�,. Mayor _ r asked if an a sory dwelling unit would be permitted in a home that had already met their snum floor ate ' ratio. Director Anderson said the homeowner could convert existing spae the A- , and added that these definitions have been defined by the state and ;. incorporated in "'`""n's Municipal Code. Mayor Fraser opene the floor for public comment. There was none. MOTION: To adopt Resolution adopting revised Standards, as amended to fix typographical error. Moved: Fredericks, seconded by Thier VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner Page 2 of 7 Toii)n Council Minutes 9-22-2018 DRAFT October 17, 2018 AI-2. Elephant Rock - Receive update on rehabilitation project and provide direction on next steps, including consideration of establishing a reserve account for reconstruction (Department of Public Works) Director of Public Works/Town Engineer Barnes said it has been 19 years since the last reconstruction of Elephant Rock, and while the structure is visibly deteriorated, the study indicated that it will not pose an immediate hazard for five to ten years. He said there were two options for rehabilitation to consider: do some work now to extend the life of the structure and then rebuild in 10-20 years, or conduct minor maintenance now in-house, uet annual formal inspections and rebuild in 5-10 ears. Barnes recommended the second "Win. p y .. Councilmember Thier asked if a more thorough inspection of the r of t were not visible would be appropriate. Barnes said it could be done out of an ab u nce o on, but it was a% likely not necessary. Thier said she would still like to see th a pection done, recommended establishing a regular schedule of inspecti Vice Mayor Kulik noted that the report determined t U e prese : ndition is not an immediate safety hazard, and will be safe for use for 5-10 years. Mayor Fraser opened the floor for public chent. Therene. The Council discussed the need to have a al it a. sche . Barnes said staff's recommendation for an inspection schedule " :'mila � 's recommendation to conduct inspections at least on an annual is and aft events to assess the condition of the a structure and identify onsetsThier a quested that staff bring an annual inspection report back to the Counci - year., MOTION: To est a disc d 'eserve account to build reserves for the eventual 11 s, on 0 Rock Pier, to conduct regular inspections (at t nnual a=. fter major events: storm/earthquake) to assess its condition and defl ,,s indicating onset of failure, and to direct staff to bring annual i ",tion ri is back to the "Town Council for review. Move.% ; Fredericks °onde "' Thier VOTE. AYES: raser, Fredericks, Kulik, Thier BSEN`. elner AI-3. Capital'; ent Projects for Energy Savings - Consider authorization of a Power Purchase Zent for solar parking shade structure on Police Station and budget amendment to fund LED streetlight conversion (Department of Public Works) Director of Public Works/Town Engineer Barnes summarized the project to put solar panels on the police station as part of a greater project portfolio to reduce greenhouse gas emissions. He said the project was moving along, but staff is now looking for further direction from the Council due to unforeseen public contract code limitations. Ile said the Town can do a traditional `design-bid' project or a Power Purchase Agreement. Page 3 of 7 Town Cozoncil Minutes #22-2018 DRAFT October 17, 2018 Barnes weighed the pros and cons of both options.. and summarized that both will have a 15-year payback period, but the design-bid project will be more expensive. He said staff is seeking authorization from the Council to explore the Power Purchase Agreement option, and will bring a competitive contract back to the Council for consideration at a later date. Councilmember Fredericks asked for clarification about the ownership of solar panels with the Power Purchase Agreement option. Town Manager Chanis clarified that the developer will own the solar panels until the Town pays off the project. and until that time, the developer is responsible for maintenance. Mayor Fraser commented on the increase in cost of the project. Cha zrified that the increase in cost is due to the fact that the Town cannot do the project as i ly proposed, due to the public contract code limitations. Mayor Fraser opened the floor for public comment. Ther none. MOTION: To authorize staff to continue develo- a solar ort project through use of a Power Purchase Agreement and to ret t ouncil for consideration of an agreement once finalized. Moved: Fredericks, seconded by Kt VOTE: AYES: Fraser, Fre 'k, Thier ABSENT: Welner Director Barnes said another pro' t in the en ciency p tfolio is the installation of LED streetlights. He said the Con . viousl horized staff to install `test' lights to gauge public perception. He sal comp, is were ived, but both were received before the lights were installed. S' mstallati no compl have been received. Barnes explained the ad E s its: improved visibility on the road, improved traffic safety, r on of e expenses and the reduction of greenhouse gas emissions. He reviewed tl. ted: 00 to replace 129 cobra head streetlight fixtures throughout town, a 000 to r 33 es along Tiburon Boulevard. Barnes recommended instal ' e 129 cobra h ixture how, requiring a budget amendment of$9,000, and delayin Tiburon Boul -d lights until next year. Councilmem hier re mended pricing out other vendors to negotiate a lower cost. Barnes agreed, but ad enefit of using this vendor would be that they are already responsible for the Town's exi streetlights. Mayor Fraser opened the floor for public comment. 'There was none. MOTION: To approve a budget amendment in the amount of$9.000 to fund a capital improvement project to convert all cobra head streetlights to LED. Moved: Fredericks, seconded by Kulik VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner Page 4(?f7 7oivn Council Minutes #22-2018 DRAFT October 17, 2018 AI-4. Stewart Drive Intersection - Receive report on safety study and consider authorization of safety measures (Department of Public Works) Director of Public Works/Town Engineer Barnes said the safety of the Stewart Drive and Tiburon Boulevard/Hwy 131 intersection has been a continual discussion since the 1970s. Ile said CalTrans allowed the Town to install pavement flashers in 2011, but it is still the number one location of traffic accidents in Tiburon. He explained that the limited sight distance due to the vertical hill, the curve, distractions and drivers unfamiliar with the are Id all contribute to accidents. He reviewed the traffic data. Barnes recommended removing the flashers because they are mai n ensive and do little to prevent rear-end collisions. He said they could be replaced wi apid fl beacons and indicators on the road where cats should stop for the crossw e said a mor ensive option would be a HAWK signal, which is comparable to a ped i-activated traffic He explained that while this intersection is the resp lity of ans, CalTrans is working on similar projects throughout the state and likely wil e o do the work in Tiburon for several years, and is not able to commit to paying the To for any work done sooner. Vice Mayor Kulik asked about the safety either optr arnes said the HAWK signal is very pedestrian-friendly, but it may ince tra ntslieved the rapid-flashing beacon would have less impact on traffic, an id t functioned well in other high- traffic areas around Marin Coun Mayor Fraser was in sup f spen the m to look after the safety of the community, but expressed disappont that C rans won t be able to do the work for several years. He recommended get ther st I ed representatives involved. Town Manage is not t most accidents at this intersection are rear-end collisions. He said that w ' the r etion should work in theory, it is still possible that this change of decrea num f accidents. Fraser d with staff's r mmendation, but said he would like to see staff contact state and elected o - - and ask th to get involved with CalTrans. Mayor Fraser o oor for public comment. There was none. Chains said if the Council wants to move forward quickly on this project, a budget amendment item will be brought to the next meeting. The Council agreed. and indicated their support for staff's recommendation to install rapid flashing beacons over the HAWK signal. PUBLIC HEARINGS Page 5gf7 Town Council Minutes 922-2018 DRAFT October 17, 2018 PH-1. Municipal Code Amendments - Consider amendments to Chapter 2 (Administration) of the Tiburon Municipal Code correcting certain references and clarifying provisions of the Planning Commission, Design Review Board and Planning Agency -Introduction and first reading of ordinance Director of Community Development Anderson said the purpose of these amendments was to correct outdated references and definitions in the Municipal Code and to clarify the provisions regarding the planning agency, the Planning Commission and the Design Review Board. He said these amendments more accurately reflect how these functions are take ay, and explained that the Town's professional staff has assumed many of the day-to- esponsibilities of the planning agency. Councilmennber Thier inquired if this ordinance will char the dl of the Planning Commission. Director Anderson said it would not, and the is simply ou to and needed to be brought in line with our current practice. Mayor Fraser opened the Public Hearing. There wa ommen MOTION: To introduce the ordinance and read by tit waiving further reading and schedule for adoption at the . t regular mee Moved: Fredericks, seconded by T VOTE: AYES: Fraser, Frede s, er ABSENT: Wehner Mayor Fraser read "An Ord' I e Tows ncil of the Town of Tiburon Amending Title 1, Chapter 2, Sections 2-1 2-19 he Tibu Municipal Code Amending References to the Zoning Ordinance Re( ng the s of the ning Commission and the Design Review Board". ROLL CALL ES: Fraser, Fredericks, Kulik, Thier -NT: Welner TO OUNCIL RE TS None. TOWN MAN 2 ORT The Town Manager reminded the Council of the upcoming Town Council meeting schedule as the holiday season approaches. WEEKLY DIGETS Received. ADJOURNMENT Page 6 qf'7 Town Council Minutes 422-2018 DRAFT October 17, 2018 There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:15 p.m. JIM FRASER, MAY ATTEST: LEA STEFANI, TOWN CLERK Page 7 of 7 Tovvii Council Minutes 922-2018 DRAFT October 17, 2018 Town Council Menu() TOWN OF TIBURON November 7. 2018 1505 Tiburon Boulevard Agenda Item: CC - 2 Tiburon, CA 94920 STAFFREPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Adopt Municipal Code Amendment to Chapter 2 (Administration) Reviewed By: , Greg Chanis, Town Manager Benjamin Stock, "own Attorney SUMMARY The Council will consider a Municipal Code Amendment to Modify Chapter 2 (Administration)to correct outdated references and clarify certainprovisions of the Planning Commission, Design Review Board, and Planning Agency; File#MCA-2018-005 (Adoption of Ordinance). RECOMMENDED ACTION(S) 1. Approve the adoption of Ordinance No. 58l N.S.'(Exhibit 1). BACKGROUND This ordinance would amend outdated references in the Tiburon Municipal Code regarding the Planning Commission and Design Review Board, and also clarify and expand the designation of the Town's Planning Agency. The Town Council held a public hearing at its meeting on October 17, 2018 and passed first reading of the ordinance, waiving further readings. The ordinance now conies to the Town Council for adoption. ANALYSIS No further analysis provided. FINANCIAL IMPACT No financial impact. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of TOWN OF TIBURON PAGE I OF 2 the CEQA Guidelines in that it does not constitute a project under CEQA. and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION The Council's motion to adopt this item on the Consent Calendar will constitute a motion to confirm the waiver of second reading from the previous reading and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the Consent Calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. Staff recommends that the Town Council: 1. Approve the adoption of draft Ordinance No. 581 N.S.. which is attached as Exhibit 1. Exhibit(s): 1. Draft Ordinance 581 N.S. Prepared By: Scott Anderson,Director of Community Development TOWN OF TIBURON PAGE 2 OF 2 ORDINANCE NO. 581 N. S. (Adoption Draft) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE I, CHAPTER 2, SECTIONS 2-16 AND 2-19 OF THE TIBURON MUNICIPAL CODE AMENDING REFERENCES TO THE ZONING ORDINANCE REGARDING THE DUTIES OF THE PLANNING COMMISSION AND THE DESIGN REVIEW BOARD BE IT ORDAINED BY THE TIBURON TOWN COUNCIL AS FOLLOWS: SECTION 1. FINDINGS. A. The Town Council seeks to update obsolete references to the Town's zoning regulations in its Municipal Code chapter regarding administration with respect to the Planning Commission and Design Review Board. B. The Town Council held a duly noticed public hearing on October 7, 2018 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that adoption of this amendment is consistent with the goals and policies of the Tiburon General Plan. E. The Town Council finds that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 in that the amendment does not constitute a project tinder CEQA, and if it were found to constitute a project, it would be exempt per Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that the proposed amendment will have no significant adverse effect on the environment. SECTION 2. AMENDMENT OF MUNICIPAL CODE. (A)The text of Title I, Chapter 2, Section 2-16 of the Tiburon Municipal Code is hereby amended to read as follows: (a) There shall be established a planning agency and a planning commission for the town. (b) The planning agency of the town shall be the planning commission, the director of community development, and the community development department, or their equivalent, of the town. (c) Duties of the planning commission shall be as set forth in Title IV, Chapter 16 (Zoning) of this code, and as may be specified elsewhere in this code. EXHIBIT 1 Town of Tiburon Ordinance No. 581 N. S. Draft Effective 12/07/2018 Page I ! (B)The text of Title I, Chapter 2, Section 2-19 of the Tiburon Municipal Code is hereby amended to read as follows: "There is established a design review board of the town. Duties of the design review board shall be as set forth in Title IV, Chapter 16 (Zoning) of this code, and as may be specified elsewhere in this code. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon,held on October 17, 2018, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on November 7, 2018, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Town ofTibwon Ordinance No. 581 1\%.S. Dra/l Effective 12,10-12018 Page 12 Town Council Meetin( TOWN OF TIBURON November 7, 2018 1505 Tiburon Boulevard Agenda Item: CC-3 Tiburon. CA 94 920 STAFF O . To: Mayor and Members of the Town Council From: Public Works Department Subject: Consider a budget amendment to fund design work for safety improvements to the pedestrian crossing at the intersection of Steward Drive and Tiburon Boulevard Reviewed By: Greg Chanis, Town Manager Benjamin Stock, Town Attorney SUMMARY In this item, Council will consider a budget amendment totaling $31,000 to fund the design work associated with proposed safety improvements to the pedestrian crossing located at the intersection of Tiburon Boulevard and Stewart Drive. RECOMMENDED ACTION(S) 1. Approve'a budget amendment totaling $31,000 for design work associated with pedestrian crossing improvements at the intersection of Tiburon Boulevard andStewart Drive,with all of the finding coming from the restricted State Gas Tax Reserve Fund. BACKGROUND The adopted Fiscal Year 2018-19 Budget included funding for a traffic study of the intersection at Tiburon Boulevard and Stewart Drive. The study was completed by Parisi Transportation Consulting in September. On October 17, 2018 staff provided Council an update on the work, which included options for improving the pedestrian crossing at the intersection. At that meeting, the Council directed staff to move ahead with the option that includes installing rapid flashing beacons. This concept has an estimated total project cost of$166,000. The Fiscal Year 2018-19 Budget only provided funding for the safety study, therefore, a budget amendment is necessary to proceed with the project. At this time, staff is requesting a budget amendment to fund the design work only, which totals $31,000. When the project is bid, staff will bring back for Council consideration the award of a construction contract and approval of an associated budget amendment for construction. While the total project cost is currently estimated at $166,000, both the construction bidding environment and any currently unknown requirements from Caltrans could affect the total cost of the project moving forward. TOWN Or TIBURON PAGE I OF 2 The proposal letter from Parisi Transportation Consulting for the design is attached as Exhibit 1. The cost of the design is $28,200. Staff recommends adding 10% for contingencies, for a total requested budget amendment of$31,000. Council also requested staff to reach out to Caltrans regarding them expediting the conversion to rapid flashing beacons. Staff contacted the District 4 Marin Liaison, who recommended a letter be sent to the District Deputy for Caltrans. That letter was sent October 29"'. As of the writing of this staff report, we do not have a reply. ANALYSIS No further analysis is provided. FINANCIAL IMPACT The total project cost for the proposed Stewart Drive Pedestrian Crossing Improvement Project is currently estimated at $166,000. Staff is requesting a budget amendment of$31,000 for design work only. Funds for this project would come from State Gas Tax Restricted Reserve Fund. ENVIRONMENTAL REVIEW Staff has determined this project is categorically exempt from California Environmental Quality Act (CEQA)pursuant to sections: 15302(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity, and 15301(c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. RECOMMENDATION Staff recommends that the Town Council: 1. Approve a budget amendment totaling $31,000 for design work associated with pedestrian crossing improvements at the intersection of Tiburon Boulevard and Stewart Drive, with the funding coming from the restricted State Gas tax Reserve Fund. Exhibit(s): 1.Proposal letter fi•om Parisi Transportation Consulting Prepared By: Pat Barnes, Director of Public Works TOWN OF TIBURON PAGE 2 OF 2 TRANSPORTATION CONSULTING October 25, 2018 Patrick Barnes, PE, Public Works Director Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Subject: Tiburon Boulevard at Stewart Drive -Short-Term Enhancements Dear Mr. Barnes: Pursuant to your request, Parisi Transportation Consulting (Parisi) has prepared this proposal to prepare design plans, specifications and a cost estimate, as well as to prepare an encroachment permit, for safety enhancements at Tiburon Boulevard and Steward Drive. The enhancements would be consistent with the short-term improvements detailed in our technical memorandum dated September 14, 2018. Our proposed scope of work consists of the following tasks: 1. Organize and participate in a project kick-off meeting at Caltrans District 4. 2. Obtain as-built highway and flashing beacon drawing from Caltrans for Tiburon Boulevard from 500 feet west of Stewart Drive to 500 feet east of Stewart Drive. 3. Using the as-built information and available digital aerial mapping, prepare base plans illustrating existing conditions. 4. Prepare 90% design plans that incorporate the features illustrated as short-term enhancements in our technical memorandum dated September 14, 2018. Separate plan sheets will be prepared, as follows: • Cover sheet • Electrical equipment sheet • Pavement delineation and signing sheet • Details and schedule sheet 5. Prepare specifications and a construction cost estimate. 6. Submit 90% plans, specifications and cost estimate to Caltrans for review. Upon receipt of Caltrans' comments, prepare final construction documents. EXHIBIT 1 October 25, 2018 7. Prepare a draft and final Encroachment Permit for the project. All permit fees to be paid by the Town of Tiburon. Please note that our scope of work does not currently include bidding support or support during construction. These tasks can be provided, if requested, for an additional fee. Our estimated fee for the above tasks is $28, 200. The project will be billed on a time-and- materials basis consistent with our standard billing rates. We expect to provide the 90% design within six weeks of receipt of notice-to-proceed. We look forward to assisting the Town of Tiburon on this project. Please let me know if you have any questions. Sincerely, David J. Parisi, PE, TE Principal Town Council Meeting TOWN OF TIBURON November 7. 2018 1505 Tiburon Boulevard Agenda Item: Al -1 " Tiburon. CA 94920 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Proposed Adoption of Amendments to the Town's Wireless Communication Facilities (WCF) Standards j; Reviewed By: Gre-Chanis, Town Manager Benjamin Stock, Town Attorney SUMMARY Council is considering adopting a Resolution authorizing amendments to the Town's existing Wireless Communications Facilities Standards. These proposed amendments have been developed primarily to address new Federal and State regulations regarding the permitting and installation of small cell wireless facilities. RECOMMENDED ACTION(S) 1. Adopt the draft Resolution(Exhibit 2) authorizing amendments to the Town's Wireless Communications Facilities Standards. BACKGROUND The Town of Tiburon has maintained Council-adopted standards used in the review of wireless communications facility (WCF) projects since 1997, with various updates of the Standards being performed over the years. most recently in 2010. Town staff finds the WCF Standards to be a very useful tool that has provided consistency and reduced uncertainty for all parties involved in WCF applications. As the wireless telecommunications industry works to meet the growing demand for faster broadband and data services, service providers are seeking to deploy the next generation wireless technologies of"small cell" wireless facilities. To meet these demands, the Federal Communications Commission (FCC) recently published a FCC ruling that aims to streamline approvals that will reduce local government control over the location and design of small cell wireless facilities. The California Public Utilities Commission made changes to the ruling that confine the location of small cell wireless facilities to existing or new utility infrastructure, such as light standards or utility poles. Staff proposes to amend the Town's WCF Standards to better reflect, and attempt to better address, potential impacts resulting from these recent changes in state and federal law. TOWN OF TIBURON PAGE 1 OF 3 ANALYSIS Small cell wireless facilities are defined as low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor and localized outdoor areas. In addition, the facilities must follow these following FCC conditions to be considered a small cell facility: 1) do not extend existing structures on which they are located to a height of more than 50 feet (including antennas) or by more than 10 percent, whichever is greater; 2) each antenna associated with the deployment, is no more than 3 cubic feet in volume; 3) all equipment (including existing and new) associated with the structure is not more than 28 cubic feet in volume; 4) is not located on Tribal lands; and 5) does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards. The proposed amendments to the WCF Standards (see Exhibit 1) are primarily intended to insert clear and reasonable criteria to guide applicants for small cell wireless facility installations in a consistent and expeditious manner, while staying within the limits of federal and state laws and regulations. The amendments to the Town's WCF Standards include the following: • Adding a new section setting forth the current"shot-clock"requirements (timeframes) for acting on WCF applications once submitted. These timeframes are unusually short for land development applications that can be controversial at times. (p. 6) • Adding a new section for "small cell/right-of-way" wireless facilities to Section IV, General Requirements. This section includes a separation distance of 1,000 feet between small cells and a buffer distance of 500 feet from residences,hospitals, child care centers and schools. (pp. I I-13) • Updating Appendix B with the Town's current Zoning Ordinance provisions regarding WCFs. This appendix is merely an excerpt from the Tiburon Municipal Code (pp. 17-23) • In Appendix G (Checklist of General Requirements), adding items to the checklist for applicants to use as a reference tool specifically for small cell/right-of-way wireless facilities. (pp. 35-316) • Adding several additional conditions of approval to the Standardized Conditions of Approval List contained in Appendix J. These conditions are typically attached to the conditional use permit or administrative use permit for WCFs. (pp. 44-45) The new state and federal regulations are being challenged in court. Therefore, staff views the current Town amendments as temporary, stop-gap measures pending a more comprehensive understanding of the ramifications of the new small cell regulations and the formulation of more comprehensive measures to thoroughly address them. The federal order prohibits state or local regulations that "effectively preclude" the provision of wireless facilities, and further posit that a state or local government need only "materially inhibit" a particular small cell wireless facility deployment in order for its action to constitute an "effective prohibition". Therefore, the Town's adopted Standards for small cell wireless facilities must be tempered by an understanding of these limitations. Staff will continue to work constructively with applicants to meet as many of the Town's site location and aesthetic objectives for WCFs as is reasonably possible. In recent years, WCF applicants have shown a TOWN m TIBURON PAGE 2 or 3 substantial degree of sensitivity to Tiburon's objectives, and staff is hopeful that this spirit of cooperation will continue. Finally, it is clear the regulation of WCF's is continually evolving at both the State and Federal level, with the latest regulations leaving several aspects of local regulation unclear. It may take many months, and possibly years, for these issues to be resolved. Staff anticipates that future updates to the Town's WCF standards will be required, as well as possible changes to the Town's Zoning Ordinance in order to bring the Town into optimal compliance. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town from adoption of the proposed amendments. ENVIRONMENTAL REVIEW Staff has made a preliminary determination that adoption of the amendments is exempt from the California Environmental Quality Act (CEQA)pursuant to Sections 15301, 15303, and 15061(b)(3) of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Town Council: I. Adopt the draft Resolution (Exhibit 2) authorizing amendments to the Town's Wireless Communications Facilities Standards. Exhibit(s): 1. Redline version of proposed amendments to WCF standards Z. Draft Resolution Prepared By: Sung Kwon, Planning Manager Kyra O'Malley; Associate Planner TONVN m TiBURON PAGE 3 OF 3 REDLINE TOWN OF TIBURON WIRELESS COMMUNICATION FACILITIES (WCF) STANDARDS Originally Adopted by Tiburon Town Council on December 2,2005 Resolution No.55-2005 Revised on June 2,2010 Town Council Resolution No.29-2010 Revised on November 7 2018 Town Council Resolution No.Draft-2018 Formatted:Left Prepared by the Town of Tiburon Community Development Department Formatted:zzmpTrailerItem Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font EXHIBIT 1 ........ Formatted Left TABLE OF CONTENTS [to be updated as necessary following adoption) Section Page I. Purpose and Applicability 1 11. Policy for Other Public Agencies 1 111. Application Submittal Requirements 1 IV. General Requirements 6 A. Development Standards 6 B. Location and Structure Standards 7 C. Design and Operational Standards 8 1. EMF Radiation Exposure Limits 8 2. Visual Compatibility and Design 8 3. Vegetation and Screening 9 4. Noise and Traffic 10 5. Roads and Access 10 6. Lighting II V. Standardized Conditions of Approval 11 APPENDICES A. Partial List of Definitions Related to WCFs and Antennas 12 B. Municipal Code Section Regulating WCFs and Antennas 15 C. Application Checklist for Conditional Use Permits 20 D. Map Showing Location of Tiburon Planning Area and Tiburon Ridge 22 E. Excerpts fl-onn Noise Element of the Tiburon General Plan 23 F. Sample Written Authorization Form for Retention of WCF Consultant 27 G Checklist of General Requirements for WCFs 29 H. Town of Tiburon Local Historic Landmarks 33 1. Local Historic Inventory of Buildings in Downtown 34 J. Standardized Conditions of Approval List 35 Formatted:zzmpTrailerItem ...._......_.._._,...._...,-_,___.._;..,,.,.,------ Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font 7ovn ol7ibaron ll�irele.ss Communication Facilities 3amdarde Rewsed E 3?N !l -=0/<�' 1. PURPOSE AND APPLICABILITY The Town of Tiburon recognizes the public will benefit from the orderly development of wireless conu11unications facilities(hereinafter,WCFs), among which benefits are open access to a broad range of competitive services for businesses,citizens,and public agencies. The Town further recognizes the need to balance the convenience related to telecommunications services with the public interest regarding the location,design,and operation of WCFs. These Wireless Communication Facilities Standards(hereinafter"Standards") provide a uniform set of standards for the orderly development and operation of WCFs in order to avoid or minimize land use conflicts related to compatibility of uses,visual resources,public safety,and environmental impacts in accordance with State and Federal law. The Standards will facilitate the efficient and effective processing of permit applications for new or expanded WCFs. Users are directed to Chapter 16(Zoning)of the Tiburon Municipal Code for definitions of terms used in these Standards. The Municipal Code can be accessed at-wwsv.toss-noftiburon.orL.x t >�r ct t s ear rrc. A partial list of definitions is contained in Appendix A. "These Standards apply to WCFs as specified in the applicable section(s)of the Tiburon Municipal Code,attached as Appendix B. The Town shall review permit applications for said WCFs for conformance with these Standards in addition to other applicable Town land use regulations. These Standards are not intended to regulate WCFs based on the environmental effects of radio frequency(RF)emissions to the extent that the predicted and/or actual emissions comply with applicable Federal Communications Commission (FCC)guidelines of the Telecommunications Act of 1996,and any amendments or successors thereto. 11. POLICY FOR OTHER PUBLIC AGENCIES These Standards are binding on other public agencies to the fullest extent allowed by law. The "]'own hopes,expects and requests that public agencies that might be,or are, legally immune fi-om the Town's land use regulations will nevertheless respect and abide by these Standards. 111. APPLICATION SUBMITTAL REQUIREMENTS Development applications for conditional use permit for a WCF shall be accompanied by the materials listed in this section, in addition to current application fees and the standard information items required for Conditional Use Permit applications(see Appendix C). The Director of Community Development(hereinafter"Director")may waive the requirement for submittal of any information described herein that the Director determines is inapplicable based on project-specific factors,and shall promptly notify the Planning Commission of such waiver. The Planning Commission and/or Town Council maintain the authority to subsequently require submittal of any information that the Director initially deemed inapplicable. Required materials are as follows: Formatted:zzmpTrailerltem _............._........................ ...._.. ---...._..._......._.. --..._......_._ Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font l own ol'7ihw on Illn cless Comm nicalion l`acilil%esStandaPCtP Revised�_' uF .11...,__-{f"N A. Network Facilities Plan. An applicant's updated network facilities plan for, at a mininnun, the entire Tiburon Planning Area, as well as the City of Belvedere and the Strawberry Peninsula (see Appendix D), including the information listed below pertaining to the provision of service over the duration of the network facilities plan: I. A written description of the type of technology and type of consumer services the carrier will provide to its customers. 2. A list enumerating the carrier's facilities sites, including existing sites, approved sites, proposed (applications filed and pending) sites, and planned (applications not yet filed) sites for new, upgraded, and abandoned facilities. This information shall also set forth the location, type, number and appearance in scale drawings of antennas and base transceiver stations at each facilities site at five (5) year intervals. The network facilities plan shall state the number of subscribers that can be served, disclose excess capacity, if any, designed into the WCF, and intentions for future use of such excess capacity, including subleasing intentions, co-location intentions, and any intentions for expanding capacity. 3. A 500-scale map (I inch equals 500 feet) of Marin County depicting the geographic location and boundaries of all coverage areas (or capable of coverage, i.e., search rings) planned by the carrier, the location of the carrier's facilities sites within each coverage area(facilities sites should be identified on the map by numbers corresponding to the list fi•om III.A.2 above), and the location of all other existing WCFs within the Tiburon Planning Area, City of Belvedere, and the Strawberry Peninsula. Topographic maps published by the United States Geological Survey (USGS) should be used to prepare base information for the service area maps. The network and coverage area map(s) may be combined into a single map as long as the scale of the map is large enough to provide for site-specific analysis within the coverage area boundaries. Carriers are encouraged to consult with the Planning Division prior to submittal of permit applications for guidance regarding an acceptable format for the map information. 4. A 500-scale (I inch equals 500 feet) map showing areas not covered by the proposed facilities, for ease in seeing where service will not be provided. 5. A 500-scale (I inch equals 500 feet) map showing where new or additional facilities are expected to be needed to service new subscribers when the initial system is fully subscribed. B. Subject WCF Information. The following information and materials shall be submitted with respect to the specific WCF that is the subject of the application: 1. A separate coverage area map or maps for the proposed WCF, including Formatted zzmpTrailerItem the applicable information described in III.A.3 and III.A.4 above as it Formatted_Line spacing: Exactly 10 pt Formatted:Default Paragraph Font nJ7'1bnron Wircless Cnnnnanicalion hbcilines S/(177(hirdy Revi.%e(16''011'// 1_10/'� 2 pertains to the coverage area within which the proposed WCF is sited. 2. A Site Plan on a 24 inch by 36 inch sheet of paper, and an I 1 inch by 17 inch reduction of the site plan, which shall include the following information: a. Property lines of the subject parcel. b. Location and names of adjacent streets and/or driveways proposed to serve as access to the facility. C. Topography in two foot contour intervals. d. Location of drainage improvements within or adjacent to the site. e. Location of proposed construction, including all towers, structures, buildings, equipment, generators, antennas, utility line extensions, driveways, roads,parking areas and other proposed improvements. f. Numerical setbacks of proposed structures and improvements from the property lines. g. North arrow,graphic scale,name of prepares,and date prepared. h. Footprint and use of existing buildings within two hundred (200) horizontal feet of the subject property lines. 3. A statement indicating whether the WCF is proposed as a co-location site or shared-location site, along with information on the capacity of the site to support other or additional WCFs in either co-location or shared- location arrangements. 4. Number, type, and sizes of antennas, approximate orientations, and the true compass direction of all transmissions, together with detailed descriptions of towers or other structures or facilities necessary to support and/or house the WCF. 5. Elevation drawings indicating the heights and dimensions of the WCF elements. Carriers must demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the WCF on the proposed site. In the event the applicant wishes to change the design or specifications of the WCF after initially submitting the application, but prior to approval by the Town, such changes must be submitted to the Town together with such other information that the Director determines is required to evaluate the proposed changes, including the updating of information previously submitted. 6. Equipment enclosure type and size. and proposed noise abatement methods necessary to comply with the Tiburon General Plan and any applicable Town noise regulations. 7. Construction time-frame for the WCF. 8. A materials and colors board (8'/ inches by 1I inches) showing the proposed materials and colors for antennas, support structures, and other facilities. 9. Detailed description and plan of proposed lighting (artificial lighting allowed only if required by federal rules or regulations). 10. Description of any proposed signage, including identification signage. r 11. Description of vehicular access to facility and detail drawings of safety orFomatted:_, , _ ,:zz_.mp :: :TrailerItem other fencing for the site, including height and materials specifications. Formatted;Line sparing: Exactly Io pt Formatted:Default Paragraph Font 7 own of Tiburon bVlreless Con7nnuiicalion Facdate.s Siamlaids Revlsecl!=d ._/.....'111,,). 3 12. Description of utility line extensions needed to serve the WCF. 13. A written description of all back-up power sources, if proposed, including, but not limited to,the size and capacity of fuel,propane or other tanks and equipment, type of fuel proposed to be used, compliance with all fire and safety requirements related to such power sources, and complete technical specification for all such power sources. 14. A written description of the type of technology and type of wireless communication services the WCF will provide. 15. A written description of any new, non-proprietary technology associated with the WCF that will serve to reduce the impact of the WCF, of which the applicant is aware, after having conducted a good faith and duly diligent search to obtain current information about such technology. The applicant shall confirm and provide supporting evidence in writing that a good faith and duly diligent search was conducted. 16. An acoustical analysis and report prepared by a licensed and/or accredited sound engineer certifying that the noise to be generated from the proposed WCF will comply at all times with the Noise Element provisions (see Appendix E)of the Tiburon General Plan and with any other Town noise regulations in effect at the time of the filing of the application. Said report shall include, without limitation, a written description of all noise generated by the facility, including, without limitation, retractable monopole motors, antenna rotators, power generation, heating or air conditioning, and related equipment, and shall include the estimated times, frequency,duration and decibel levels of the noise. 17. A landscape plan showing existing vegetation, indicating any vegetation proposed for removal or trimming, and identifying proposed new and/or replacement plantings by species, size, and location. The emphasis of the landscape plan shall be to visually screen the proposed facility and stabilize soils on sloping sites. 18. A grading plan indicating the location, volume and heights of required cuts and fills, and areas of grading or where earth is to be removed,placed or otherwise disturbed as a result of the project. 19. A visual impact analysis of the proposed facility at design capacity, including but not limited to photo simulations and/or story poles erected at the proposed site, or other similar techniques as may be approved by the Director. The visual analysis shall be to scale and shall address views from public vantage points and private residences if determined appropriate by the Director. 20. Documentation, including all engineering source documents relating to such, demonstrating that the facility will comply with applicable radio frequency (RF) emission standards. Such documentation may be satisfied by a written demonstration of compliance with FCC Office of Engineering Technology (OFT) Bulletin 65, or successors thereto. The documentation shall include measurements of the predicted and actual (if available) levels . of EMF radiation emitted by the proposed facility operating by itself and Formatted:zzmpTrailerItem..............- .............. in combination with other existing or approved facilities that can be Formatted:tine spacing: exactly to pt Formatted:Default Paragraph Font Town 0/776aron Wireless Connnnmicolion Fbcili)ies Siandordc Revised 'mac'c';! ''018 4 I ;)\h,=.:�S10-S 501-7977 v1. measured or estimated at the proposed facility site. Calculations for predicted EMF radiation shall be based on all proposed, approved, and existing facilities operating at maximum power densities and frequencies. 21. A written description of the proposed method(s) of correcting any potential interference with consumer electronic products and equipment that may result fi-om the operation of the facility. 22. Copies of any and all private and other land use agreements, entitlements and easements or restrictions (open space, conservation, scenic resources, etc.) that encumber or affect the WCF site; and copies of all legal instruments that demonstrate applicant's legal access to the site. If the applicant's legal interest in the site results from a lease, license or other instrument, a true and correct copy of the fully executed lease, license or other instrument entitling the applicant to use the site, and including all exhibits thereto, shall be submitted. 23. A current title report, dated not later than sixty (60) days prior to the date of the filing of the application, together will legible copies of all documents referred to therein, reflecting the status of legal title to the site. 24. Documentation that the operator has applied for and/or obtained any licenses and/or approvals that are required by federal and/or State agencies. 25. Based on the reasonable discretion of the Director, the Town may, at any time during the application review process and at the applicant's sole expense,also require the applicant to provide: a. A graphic and written analysis that identifies all technically feasible sites within the coverage area that could accommodate the proposed service, in order to ensure, among other things, adequate and complete consideration of co-location and shared-location of the proposed WCF. The analysis shall include enough information to provide adequate consideration of technically feasible alternative sites and/or facility designs that would avoid or minimize adverse effects related to land use compatibility, visual resources, public safety, and environmental factors. The analysis shall also include in writing the specific factors for selection of the proposed facility site over alternative sites. Facilities that are not proposed to be sited on a co-location or shared-location site shall provide information substantiating the infeasibility of such sites. The Town may require independent peer review at the applicant's expense of the analysis prior to making a decision on the permit application. The analysis should,to the extent practical. be incorporated with the coverage area map required by Section III.A.3 above. b. Written authorization for the Town to hire an independent, qualified consultant to evaluate technical and other aspects of �. the applicant's proposal, including but not limited to, verifying Formatted:zzmpTrailerrtem the comprehensiveness and accuracy of the analysis of Formatted_Line spacing: Exactly 10 pt Formatted:Default Paragraph Font 7 own o/Tiburon Chireless Co�nmmvconon 1-acili/ie.c Standurdc Herisecl fir?:� J' 5 potentially technically feasible alternate sites, compliance with applicable emission standards, potential for interference with consumer electronic products and/or public safety communications and the appropriateness of granting any requested exceptions. Such authorization shall include a written agreement by the applicant to advance or promptly reimburse the Town for all reasonable costs associated with the Consultation. See Appendix F for a sample written authorization. 26. Any application for a WCF that does not comply with all mandatory standards set forth in Section IV, General Requirements, of these Standards shall include a written statement explaining why strict compliance precludes the reasonable accommodation of the communication needs of the operator as set forth in federal and/or state rules and regulations, any alternatives that were considered, and the reasons why there are no feasible alternatives that would meet each mandatory standard for which compliance is not achieved. A checklist of the General Requirements is attached as Appendix G. 27. Any application for a WCI that does not comply with any advisory standard set forth in Section IV, General Requirements,of these Standards shall include a written statement explaining why the advisory standard is not being complied with. 28. Such additional information as the Director deems necessary or appropriate for the evaluation of the application. IV. GENERAL REQUIREMENTS The following general requirements apply to WCFs. Use of the word "shall" constitutes a mandatory standard. Use of the word "should", "may", "preferred", "encouraged" or "discouraged"constitutes an advisory standard. r The TO\vii mtrA-will act oil an a) lication tor wireless telecommunication. facilities within-a Formatted:Font:Times New Roman,12 pt ,._....._..... ...___.� _........ ....-l...l .... .......... ......... ..._.... _ --...-- — 44-H+ ,c- the f011OWill�all101tilt Of tltliC for review iew as required by federal and state law:. n h shot ; Formatted:Font:Times New Roman12 pt � ;,,, F,. ,,, ,.\ Formatted:Font:Times New Roman,12 pt Formatted Font Times New Roman 12 pt --- 0 60 days to act on all application for an eligible facthty that does not substantially i Formatted:Font:Times New Roman,12 pt chtnllcation Formatted:Font:Times New Roman,12 pt facilities tower or b ,,c (i station .e.,a Secti6409( on a)Permit ; - - - - —� Formatted Font Times New Roman 12 pt a 60_days to act oili _in ipplic ton.for a small cell \Alss Ce -fireeteleconnul-IlllCat1011 Formatted:Font:Times New Roman, 12 pt — t -e - - - CO11OC,9t1011 {90.1111 :_ Formatted:Font:Times New Roman 12 pt ._........... A 90 dans to act Oil tieAt -build-small Cell wireless telecollulluilications faclhties; Formatted:Font:Times New Roman,12 pt • 90 days to act on non-small wireless telecommunication facilities and 'Formatted:Font: ont: - -J50_days,to-1C1_09l,all.Othel__wlreless facilities. \.Formatted:zzmpTrailerItem Formatted:Line spacing: Exactly 10 pt r Formatted:Default Paragraph Font Town ol7ihwvm Revised 4?ASU�I -_10/N ) �l/Ah=�dS10-8507-797i�'h A. General Development Standards. 1. Consistency with General Plan and Municipal Code. The proposed facilities shall be consistent with the Tiburon General Plan, these Standards and any other applicable regulation set forth in the Tiburon Municipal Code. 2. No portion of an antenna, support structure or any related equipment shall be located on or within a distance of one hundred (100) vertical feet of the Tiburon Ridge (see Appendix D), as delineated in the Tiburon General Plan. 3. Not more than one (1) monopole antenna structure shall be permitted at any WCF location, except at a Town-approved shared-location site. 4. No portion of any antenna, support structure or related equipment shall overhang a property line that is not part of the subject WCF site at any time. 5. Setbacks. Freestanding monopole antenna structures shall be set back at least fifty percent (50%) of the monopole height from all property lines, and one hundred percent(100%)of the monopole height fi-om any adjacent residentially-zoned property. 6. Height Limits. Antennas, support structures, and related equipment shall comply with building height limitations in all zones, but may exceed such height limits by up to three (3) feet pursuant to height measurement provisions of the Tiburon Municipal Code. These height limits shall not apply to antennas of amateur radio operators when licensed by the Federal Communications Commission. 7. Unless otherwise required by Town, county, state or federal rules or regulations, WCFs shall have a non-reflective finish and shall be painted a color or colors consistent with the predominant background color(s),as determined by the acting body. 8. All WCFs shall comply with the applicable provisions of the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code and rules and regulations imposed by state and federal agencies. 9. The smallest, lowest and least visible antennas and support structures as possible shall be installed that will reasonably accommodate the operator's communication needs. The applicant shall specify which antennas and support structures were evaluated, and describe the process used to select the proposed antenna(s) and support structures. 10. The Town shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual and other impacts. For_Buildin(_YR #=,\1101.ntcd or .Wireless Facilities B. Location and Structure Standards. I. Location Standards. a. WCFs should be located in commercial areas. b. Publicly-owned sites or structures, including but not limited to buildings, telephone utility poles, signage, traffic signals, and light standards, are preferred locations over privately-owned sites or structures. c. WCFs shall not be located on parcels used for residential purposes. d. WCFs shall not be located on parcels designated as Open Space on the m Formatted:zzpTrailerttem Tiburon Zoning Map, or on buildings and/or properties designated as Local —:::::-:- Historical Landmarks by resolution of the Town Council (see Appendix H). Formatted_Line spacing: Exactly io pt Formatted:Default Paragraph Font Town of I ibnron 1711rcless Com mumcalion Pacilines Slandemk Revo,,14120-4)1./.....'( 7 �h`dR 10_5501__7977�7, e. WCFs shall not be located on buildings listed in the Town's Local Historic Inventory of Buildings in Downtown Tiburon, adopted by resolution of the Town Council (see Appendix 1). f. WCFs should avoid locations within, or in close proximity to, the following uses: dwelling units;hospitals;child care centers;and schools. 2. Structure Standards. a. Monopoles, towers or other stand-alone structures are strongly discouraged. b. Use of existing buildings and structures is preferred over construction of new ones. 3. Co-location and Shared-location Standards. a. WCFs should be co-located with existing WCFs whenever reasonably feasible and aesthetically or otherwise desirable. b. Shared-location sites are encouraged provided that visual and other impacts are minimized and compliance with these Standards is achieved. c. Antennas and supporting structures and equipment shall be designed to consolidate planned expansions of facilities and services. d. Design of co-location and shared-location sites shall promote use by other wireless service providers. e. WCFs should make under-utilized space available for co-location purposes. f. To the extent feasible, leases or other instruments that convey exclusive rights to a single user and preclude development of a suitable co-location or shared- location site shall be prohibited unless specifically authorized in the Town's permit approval. G. Applicants shall notify other potential users of the proposed WCF site so that they can coordinate efforts to co-locate on the site, and written evidence of said notification shall be submitted to the Director. h. Permit holders shall charge standard—,, re��market rates for co-location of other WCFs. C. Design and Operational Standards. 1. EMF Radiation Exposure Limits. No WCF shall be sited or operated in such a location or manner that it poses, either by itself or in combination with other such facilities. a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any applicable more restrictive standard subsequently adopted by the Town, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, or any successor document thereto, is mandatory, and any violation shall be Grounds for the Town to immediately terminate any permit granted hereunder, or to order the immediate service termination of any non-complying WCF. 2. Visual Compatibility and Design. WCFs shall be consistent with the general scale of structures and buildings in the vicinity and properly related to the development of Formatted zzmpTrailer.Item the vicinity as a whole. The following visual and design standards shall be applied: Formatted:Line spacing: Exactly to pt Formatted:Default Paragraph Font Towno77chmar7 Itlreles.cC'onnnunfculinnI`ac11lhesSlelncklyd7 Revised 'c. 4U %.0/R 8 A. When an antenna is attached to, or part of,a building or structure,the antenna shall be sited and designed to appear as an integral part of the building or structure or otherwise minimize its appearance. The antenna and its screening shall be architecturally compatible with the building or structure. Screening may include locating the facilities within an attic,false chimney,steeple,or tower; or within a new architectural addition to a building or structure that is architecturally compatible with the building. B. Wall-mounted antennas shall be integrated architecturally with the style and character of the building or structure or otherwise made as unobtrusive as possible. If possible,antennas shall be located entirely within an existing or newly-created architectural feature so as to be completely screened from view or visually inevident. To the extent feasible,wall-mounted antennas shall not be located on the front(or the most publicly-prominent face)of a building,and shall be located above pedestrian eye-level. C. To avoid or minimize the appearance of visual clutter on rooftops,proposed roof- mounted antennas and associated equipment should be located adjacent to existing rooftop equipment, incorporated into rooftop equipment enclosures,or otherwise screened from view. In addition,existing rooftop antennas(at co- location or shared-location sites)should be consolidated where possible;other roof-top equipment and appurtenances(vents,heating and cooling systems,etc.) should be removed if no longer in use. D. Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as possible to minimize visibility from street level locations. Construction of a parapet wall to hide the facility may be required. E. Whenever possible,base stations,equipment cabinets,back-up generators,and other equipment associated with building-mounted antennas shall be installed within the existing confines of a building or underground. If this is not feasible, the equipment shall be painted,screened,fenced, landscaped or otherwise treated architecturally to minimize its appearance fi-om off-site locations and to visually blend with the surrounding natural and/or built environment as appropriate. Equipment buildings shall be designed in an architectural style,and constructed of exterior building materials,that are compatible with surrounding development and/or land use setting. F. To the extent feasible,all WCFs shall avoid creating any unreasonable obstruction of views from surrounding properties. G. Whenever feasible, WCFs should be: 1. Substantially screened fi-om the view of affected properties,public rights-of-way and other public property;or Formatted zzmpTrailerltern 2. Co-located or placed on a shared-location site with existing WCFs in a Formatted Line spacing. Exactly 10 pt r Formatted:Default Paragraph Font 1011 i701lihm0117 14rirelecs(on7n7rni1Curio17letc thIie.c.Standardr Reri.sed/2_24011 -(7/J 9 U:AF-aS1l1-8501-7977�I manner that will minimize visibility; or 3. Located in areas with substantial existing screening by buildings, structures and/or landscaping,or 4. Designed to appear as natural features found in the immediate area, such as trees or rocks,so as to be visually inevident as man-made construction. H. No advertising signage or identifying logos shall be displayed on any WCF, except for small identification plates used for emergency notification,or as required by law. 3. Vegetation and Screening. The following standards are established: a. Whenever reasonably feasible, WCFs shall be installed in a manner so as to preserve significant existing landscaping. Existing trees and other screening vegetation in the vicinity of the proposed facility and associated roadways shall be protected front damage both during and after construction. Submission of a Tree Protection Plan, prepared by a qualified professional, may be required to ensure compliance with this standard. b. All vegetation disturbed during project construction shall be replanted with appropriate vegetation as described below. Soils disturbed by development shall be replanted to control erosion. c. hntroduced vegetation shall generally be native, drought tolerant species compatible with the predominant natural setting of the project area, unless fast growth is required for screening. All French broom and similar- undesirable, invasive plant species on the site shall be removed to the satisfaction of the Fire Marshal to reduce fire hazards. d. Existing landscaping materials, especially trees, shall be used where possible to screen antennas and other WCF equipment from off-site views. New landscaping may be required where deemed necessary to provide screening. e. No screening vegetation shall be removed subsequent to project completion except to comply with local and State fire safety regulations,to prevent the spread of disease as required by the State Food and Agriculture Department, or to prevent safety hazards to people and property,without the written permission of the Director. 4. Noise and Traffic. WCFs shall be constructed and operated in such a manner as to minimize noise and traffic impacts. Noise and traffic reduction shall be accomplished through the following measures: a. WCFs shall operate in compliance with and shall not exceed at any time the noise exposure levels contained in the Noise Element of the Tiburon General Plan (see Appendix E), or any applicable more restrictive noise standard adopted by the Town, county or state or federal government. b. Permissible hours for testing and servicing(excluding emergency repairs)shall be determined on a case-by-case basis at the time of permit issuance, based on such factors as location and sensitivity of surrounding uses. Said hours shall be imposed as conditions of approval. _...-_______-.— c. Back-up generators or other emergency power sources shall comply with the same Formatted zzmpTraiIerttem noise standards referenced above and shall only be operated during power Outages, Formatted:Line spacing: Exactly 10 pt Formatted:Default ParagrapP,Font %' un oof77htu'on YYirele.c.c C'nnrnttuvcu/fan l2rri/ilie.c Slandnrrlr Revised! ° "'�I/....-;._'0/J' 10 O;Ah=4810-8,O1-79?i vl " emergency occurrences, or during the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday for periodic testing and maintenance. d. Vehicular traffic resulting from the operation and maintenance of a WCF shall be kept to a minimum. Typical vehicular traffic volumes shall be specified in conditions of approval. 5. Roads and Access. WCFs should be served by the minimum roadways and parking areas as necessary, and shall discourage unauthorized access, as follows: a. Whenever feasible,existing roads and parking areas should be used for access and service of WCFs. b. Any new roadways and parking areas constructed should be shared with subsequent WCFs and/or other permitted uses to the extent feasible. c. The size of new parking areas should be limited to the minimum necessary to accommodate vehicles associated with periodic maintenance of the facility. d. Access to facilities shall be prohibited to the general public. e. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions,visual blight,or attractive nuisances. 6. Lighting. Unless otherwise required by applicable federal rules or regulations, no WCF shall have artificial lighting. If such lighting is required, the following standards shall apply: a. Manually operated, low wattage, hooded and the least intrusive exterior lighting shall be permitted for safety purposes only and shall be kept off except for maintenance or safety personnel or to the most limited extent allowed by law. b. Nighttime lighting of warning signs required near publicly accessible facilities shall consist of low-wattage fixtures, and shall be directed downward and hooded. For Small C_ell_.Wi.reless_Facilities/Richt-of-Way Facilitiesy RC(juii'eltlent5 Formatted:Font:Times New Roman,12 pt Small cell w i.reless facilities,as defined in the FCC-CIRC 1890-02_maY_be insta,l,led..,,,erc erected. Formatted:Font:Times New Roman,12 pt Ill llllt tined and operated in any:dedicated J)Ublic.right.-0f away of commercial zoning district. �Formatted:Font:Times New Raman,12 pt .... ... .. tipon the Issuance of a minor Conditional use Dermit and administrative site plan and architeCtUral ;Formatted:Font:Times New Roman,12 pt ]_e\iew am) oval.__An encroachment hermit nnUst be obtained for any work on Town land or til Formatted:Not Highlight the public r1u111-01 Ai'aV. Formatted:Font Times New Roman 12 t Location and Structure Standards Formatted Font Times New Roman,12 pt Location Standards Formatted:Font:Times New Roman,12 pt Formatted:Font:Times New Roman,12 pt • Small cell wireless facilities should be located in commercial areas. ............................ __ _ _________ ..___ Formatted Font Times New Roman 12 pt • Publicly-owned sites or structures, including. utility company--owned infi-astructtn-e. -- - - _- - -= signage. traffic signals_and light standards. are preferred locations over privately- Formatted:Font:Times New Roman,12 pt-- -- Formatted zzmp i railerItem owned sites and structures. ....::: Formatted:Line spacing: Exactly 10 pt ..........................—..__..._.._.._....._.... ----....._._._.._...... --- Formatted:Default Paragraph Font YOW)701Tibmv11 Wil ele.csCOMM1117ieU11017I[rc11111e.c 1C11?dCfrdV Rewscd,'z '"x'11.....' 1's l U_jh__ISIO-3>01_:79-i_}_I, ................... • Small Cell wireless facilities Shall not be located On parcels used for residential Formatted Font:Times New Roman,12 pt pL1rpOSCS_ Formatted:Font:Times New Roman,12 pt • Small Cell wireless facilities s-Shall not be located nil parcels_designated as Open Formatted Font:Times New Roman 12 pt ......._ 1 ... ........ ..... S YlCe. 01"011 btllldil.). at1co/or proI)crtleS deSlgyn'lted as I.0Ca�_{�1StO1 is II i 1nclIII ll l�S__O[ Formatted:Font:Times New Roman,12 pt buildings luted in the Town's Local Historic Inveiltoiv Of Builditl)s nl 1)uvvntovvn Formatted:Font Times New Roman,12 pt Tl_bl,l,i oit. Formatted.Font:Times New Roman,12 pt • Each small Cell wireless facility I11ust be least 1.000 feet away from the neat c.sl Formatted:Font:Times New Raman,12 pt -- _---mama-- small Cell f.... Formatted.Font:Times New Roman,12 pt _.... .. .......... 91 Each small cell wireless facility must be at least 500 feet aVvaV: from anN residences Formatted:Font:Times New Roman,12 pt - hOshitals,Child Care Centers and schools. Formatted Indent:Left: 0.75", No bullets numbering S.ti UCtUrc/Desiftn Standards foi-Small Cell wireless Facilities Formatted Font Times New Roman,12 pt Formatted:Font:Times New Roman,12 pt • Concealment. All small cell wireless facilities in theublic ri<taht-of-vvav must be' �Formatted:p `Formatted:Font: 12 pt concealed to the maximum extent feasible with design elements and technic ues that ; Formatted:Nal,Justified,Indent.Left: mimic Or blend with the underlying' support structure, surroundinlz environment and i 0.25",Right: 0",Bulleted+Level: 1+Aligne, adjacent uses. In addition, small cell wireless facilities in the up blic_ri<zht-of-wav maw at r"+Indent at: 1.25",Tab stops: o",Lef + 0.5",Left+ 2",Left+ 2.5",Left+ 3",Le ]lot Lill reasonably hinderimpede,ObStrUCt Or interfere with the public rights thereto. f + 3.5 Left+ 4",Left+ 4.5",Left+ 5 Le m Support Structures. All small cell wireless facilities in the public right-of-way must ` + s.s',Left+ 6",Left_ be installed on existing above-ground structures (such as light standards Or utility Formatted:Font 12 pt poles) whenever possible and aesthetically desirable. Existing above-ground Formatted:Font: 12 pt _ - — structures may be replaced with hardened support structures so long as the Formatted:Font: 12 pt --.... .. replacement structure is substantially similar to the existing structure to be Formatted:Font: 12 pt replaced. The Town will not approve any new, non-replacement support structures Formatted:Font 12 pt .:::::::::::-:::::::::::::::-:-............_::::_: _mama unless: (a) the applicant demonstrates that above-ground support structures near I Formatted:Font:12 pt the project site either do not exist or are not reasonably available to the applicant; :Formatted:Font: 14 pt,Highlight or (b) the Town specifically finds that a new, non-replacement support structure ormatted:Font: 12 pt would be more aesthetically desirable and consistent with the objectives of these —F -- Standards than installations on existingstructures near the project site., Formatted:Font: 12 pt `---matt ! Formatted:Font: 12 pt + Undergrounded Equipment. To conceal the small cell wireless equipment to the I — maximum degree feasible, applicants must install all small cell_wireless m equipent Formatted:Font: lz pt 1 Formatted:Fant: 12 pt (other than the antenna and any electric meter) underground in any area in which _... the existing utilities are primarily located Underground. In allFormatted:Font: 12 pt applicants areas, � — applicants shall install all equipment (other than the antenna and anv electric Formatted:Font: 14 pt,character scale: 10c meter) underground when the Town finds that the above-ground eguiDIIlent WOUld � - -- — Unreasonabiright-of-wayere with (a) the public's ability to use the right-of- ay for Formatted:Font: 12 pt _F —- ---- travel: or (b) a specific viewshed or other visual resource seen from within the ,Formatted:Font: 12 pt .....___._—.___ _ public right-of-way. Mere additional expense to install and maintain all Form�ont: 12pt Underground equipment enclosure does not exempt an applicant_ from this :: Formatted:Font: 12 pt requirement. Formatted ® Pole-Mounted Equipment. All small cell wireless pole-mounted equipment must be FormatteFont lz pt ----._-d:— installed as close to the pole as technically and legally feasible to minimize the Formatted:Font: 12 pt mama. mama— --- overall visual profile. All pole-mounted equipment and required or permitted Formatted:zzmprrauerttem -: .-:: sip-nage must face toward the Street Or otherwise placed tO ininirnizevisibility f� Formatted:Line spacing: Exactly 10 pt adjacent sidewalks and Stl-UCtUres. All cables, wires and Other conlICCtOrS I11USt be f Formatted:Default Paragraph Font l own nJ 1 ibm-un 6Vire/ccr('onnn miculion hacflilies Slandards Revised!_._Fi 4),..... ........... o/n' 12 tate --`--- _.._.... 11MLS.101-797_i 1-, routed through conduits within the pole whenever possible. and all external conduits conduit attachments. cables. wires and other connectors must be concealed from public view to the maximum extent feasible. Formatted:Font: 12 pt Ground-Mounted Equipment. To the extent that the equipment cannot beI<� iced i Formatted:Font: 14 pt,Character scale: 10C underground as otherwise required, applicants may be permitted to install ground- mounted equipment in a location that does not obstruct pedestrian or vehicular Fo atted:Font: 12 pt traffic. All round-mounted equipment must be placed in the least conspicuous ---- location available within a reasonable distance from the pole. The Town 1*»a1 ; Formatted:Font: 12 pt condition approval on new or enhanced landscaping to conceal Lyround-mounted equipment, Formatted:Font: 14 pt V. STANDARDIZED CONDITIONS OF APPROVAL A list of standardized or typical conditions that may be imposed on WCF permit approvals is contained within Appendix J. Not all conditions may apply to every approval, and wording of conditions must be tailored to each permit as appropriate. This section in no way limits the Town from applying additional conditions not contained herein. Formatted:zzmpTrailerIte ......._-.._...._..._._.__. Formatted:Line spacing: Exactly 10 pt r Formatted:Default Paragraph Font Tolmn o/7ilun-on Wireless Communication RrciG/iec Slandarde Revised 4 =44-18 i '0/x 13 1_810-8501-797-v 1 APPENDIX A Partial List of Definitions Related to WCFs and Antennas Below is a partial list of definitions from the Tiburon Municipal Code or other relevant sotu-ces related to WCFs and antennas. Users are referred to the Municipal Code for a full listing of definitions. Auteuna: Any device or system of devices,such as poles,panels, rods, reflecting discs or similar or other objects,used for the transmission or reception of electromagnetic signals,including but not limited to radio waves and microwaves. Antenna,Amateur Radio:A ground-,building-,or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC). Antenna,Building-mounted:An antenna or antenna structure mounted on a building or rooftop, including a water tank. Antenna,Direct Broadcast Satellite Service(DBS): An antenna,usually a small home receiving dish,designed to receive direct broadcast from a satellite. Antenna, Ground-Mounted: Any antenna or antenna structure which is not mounted on a building or rooftop,and usually anchored directly to the ground. Antenna,Multipoint Distribution Services(MDS): An antenna designed to receive video programming services via multipoint distribution services, including multipoint multi-channel distribution services, instructional television fixed services,and local multipoint distribution services. Antenna,Reception Window:The area within the direct line between a satellite antenna and orbiting communications satellites transmitting signals. Antenna,Satellite: Any antenna used to receive and/or transmit radio or television signals from orbiting communications satellites. Antenna,Satellite Earth Station (SES): An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite. Antenna, Television Broadcast Service(TVBS): An antenna designed to receive only television broadcast signals. Antenna Structure: An antenna and its associated support structure, such as a mast Formatted:zzmpTrailerttem or tower(but not to include a suspended simple wire antenna)that is used for the propose Forma "Line "" Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Toren of Tiburon Wlreles.r CO77 MIMI6Y//1017 Facilities Standards 1 of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves. Antenna Structure, Freestanding: An antenna structure or mast that is not attached to a building, fence or other such structure. Freestanding antenna structures include communications towers, wooden utility poles,standard or decorative concrete and steel monopoles. If the total height of the structure. including the antenna. exceeds fifteen(15)feet it shall be treated as a Monopole. Antenna Structure,Monopole: A ground-mounted antenna structure, often tubular in shape, made of metal,reinforced concrete or wood,which exceeds fifteen (15)feet in height. Electromagnetic Field(EMF):A field of radiation produced by all electromagnetic waves, from gamma rays to radio waves. The EMF produced by wireless communication facilities is radio fi•equency(RF)radiation. Feasible: Capable of being accomplished in a successful manner within a reasonable period of time,taking into account economic,environmental, legal. social, and technological factors. Related Erluipment: All equipment appurtenant to the transmission and/or reception of voice and data via radio frequencies. Such equipment may include,but is not limited to,cable conduit and connectors,equipment pads,equipment shelters, cabinets,buildings,and access ladders. RevielvAuthority:The Design Review Board, Planning Commission,Town Council,Town official,or other designee acting on a Zoning Permit application. [Note: The Review Authority for all WCF and/or antenna conditional use permit applications will be the Planning Commission.The Town Council would become the Review Authority on appeal. The Review Authority on site plan& architectural review applications for WCFs will be the Design Review Board, except on minor alteration applications,where Town Staff may be the Review Authority. The Town Council would become the Review Authority on appeal from decisions of Design Review Board:the Design Review Board would become the Review Authority on appeals fi•om a Town Staff decision on a site plan and architectural review application]. Satellite Dish: See"Satellite Antenna"under"Antenna, Satellite". Visually Inevialent: This term means that any component of a WCF, while possibly visible to a person with normal vision fi-om street level, is such that it is not visually distinguishable as an antenna or other component of a WCF due to sufficient camouflage,design,screening,building or architectural integration, or other factors. Wireless Communication Facility(WCF): A facility that transmits and/or Formatted:zzmpTrailerIte receives electromagnetic signals, including without limitation, antennas,microwave �._ : ::::::::_..._...._...._................................. dishes,satellite dishes,radio,TV transmitter and broadcastino station,and other types of Formatted:tine spacing_Exactly to pt Formatted:Default Paragraph Font Town of Tiburon I-t ireles.c I'acilil"Siandarde Revised -_nl,� 1� ........................... U11j_-4510-S01-_977 v j equipment for the transmission or reception of such signals, monopoles or similar structures supporting the equipment,equipment building, shelters;cabinets,parking area and other accessory construction. Including amateur and professional facilities. Wireless Communication Facility-Co-located: A wireless communication facility comprised of a single telecommunication tower or building supporting one or more antennas or similar devices owned or used by more than one public or private entity. Wireless Communication Facility-Shared Location: More than one telecommunications facility comprised of multiple antenna structures and other structures used for the support of antennas operated by one or more carriers where such antenna structures and other structures are located on the same lot or parcel. Wireless Communication Facility Standards: A set of standards,adopted by resolution of the Town Council,applying generally to review of applications for wireless communication facilities. Formatted:zzmpTrailerItem Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Town T ihuron PVireless Communication Focilmes Smnclordc Kcvi.ced�.== l,',.1,..._ _!i1.��. 16 O, \li'_IS10_45Q1._797ivaa, ° APPENDIX B Excerpted from Title IV, Chapter 16 of the Municipal Code Regulating Wireless Communication Facilities (NOTE: This Appendix has been revised and now reflects the current adopted Municipal Code provisions of the Town rc2ardina WCFsj 16-42 Wireless Communication Facilities Section: 16-42.010-Purpose 16-42.020-Definitions 16-42.030-Applicability 16-42.040-Permit Requirements for Wireless Communication Facilities 16-42.050-Amateur Radio Antennas 16-42.060-Correction ofInterference Problems 16-42.070-Removal of Discontinued Facilities Required 16-42.080-Nonconforming f=acilities 16-42.090-Maintenance of List and Map of Wireless Communication Facilities 16-42.010- Purpose The purpose of Section 16-42 is to establish a comprehensive set of zoning requirements for antennas and wireless communication facilities(hereinafter`'WC's').These regulations are intended to provide for the managed location and development of antennas and WCFs in a manner that recognizes and enhances the community benefits of wireless communication technology and reasonably accommodates the needs of citizens and wireless communication service providers in accordance with federal and state rules and regulations,while at the same time protecting neighbors from potential ads erse impacts of such facilities. preserving the visual and other characteristics of the established community and the natural beauty of hillsides and ridgelines. 16-42.020- Definitions The technical terms and phrases used in Section 16-42 are defined in Article X (Definitions) nuclei- "Wireless nder"Wireless Communications Facilities." 16-42.030- Applicability Exemptions. The requirements imposed by this Section shall not apply to certain antennas or antenna structures; as set forth in this Subsection. unless otherwise specified herein. Each such exempt facility listed in this Subsection shall fully comply with any other applicable requirements of the Municipal Code to the extent not specially exempted in this Subsection. including but not limited to the California Formatted:zzmpTrailerttem Building Code, California Electrical Code. California Plumbing Code. California Mechanical Code. and Formatted:Line spacing: Exactly 10 pt California Fire Code. _......... _..__.______ Formatted:Default Paragraph Font 7'oi+m of Tiburon Wireles.t C'nnnnm7fcuiiun l(IL III iiee,Crandardr Revised 4--=FN4I1_(.....'01 8 I 7 ---- — 011;=aS 10-3501-797?,I I Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or Tess in diameter(or diagonal measurement); 2. Television broadcast system (TVBS) antennas provided: (1) the antenna is located entirely on and/or above the subject property: and (2)no portion of any ground-mounted antenna is within a required front setback for the main building. in front of the main building. within a required side setback of a corner lot. or adjacent to a street. All TVBS antennas greater than three feet in height shall require site plan and architectural review and building permits in compliance with the Municipal Code for review of placement to ensure that maximum safety is maintained: 3. Satellite earth station (SFS) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property v\ithin any commercial office or public zone. provided that: (I) the antenna is located entirely on and/or above the subject property: and (2) no portion of any ground-mounted antenna is within a required front setback for the main building. in front of the main building, within a required side setback of a corner lot.or adjacent to a street.All SES antennas measuring more than one meter in diameter shall require site plan and architectural review and building permits in compliance with the Municipal Code for review of placement to ensure that maximum safety is maintained: 4. Antennas and antenna structures constructed by or for Federal Communications Connnission (PCC)-licensed amateur radio operators shall require a Conditional Use Permit in compliance Keith Section 16-52.040 (Conditional Use Permits), Site Plan and Architectural Review if required under Subsection 16-52.020.13(Approval Required),and shall be subject to provisions of Section 16-42.050 (Amateur Radio Antennas), but shall not be subject to review under the Town of Tiburon Wireless Communication Facilities Standards: 5. A proposed facility shall be exempt from the provisions of this Section if and to the extent that rules and regulations of the FCC or the provisions of a permit issued by the California Public Utilities Commission (CPUC) specifically provide that the facility is exempt from TOMI regulation. 6. An antenna owned and operated by a public agency exclusively for public safety purposes.provided that it meets the following criteria: a. The antenna shall be located in the publicquasi-public zone. b. The wattage does not exceed 200 watts at full power. C. The antenna is located on a pre-existing structure. d. The antenna (not including its pre-existing support structure) shall be a whip- style antenna and shall not exceed 25 feet in height. C. The proposed \a-ircless communication llicility has a valid FCC license on file with the Town. Formatted:zzmpTrailerItem _........._........ ......................... Formatted:Line spacing: Exactly 10 pt f. An electrical permit for the installation shall be secured from the Tiburon (Formatted:Default Paragraph Font Town of Tiburon 1111reless Conm uniculion 1-o'11ines.Slmdordc 18 --- j :).1F dS10-35Q..-7977_y:1, C BuildinL,Division. g. The structural attachmendanchorina method for the antenna shall be approved to the\\ritten satisfaction ofthe'Iiburon Building Division. h. Compliance witlh OFT Bulletin 65. or any successor doen111ent thereto, shall be denxmstratcd by a qualified radio frequency engineer. 16-42.040- Permit Requirements for Wireless Communication Facilities A. Wireless Communication Facilities Governed by Section 6409(x) of the Middle Class Tax Relief and Jobs Creation Act of 2012 ("Tax Act"). An applicant for a facility governed by Section 6409(a) of the 'fax Act must file an administrative WCF permit application for review and ministerial decision by the director. Said decision shall be rendered within sixty(60)days of the tiling of the application_ unless tolled pursuant to the Tax Act. The decision of the director may be appealed within five(5) calendar days to the Planning Commission;whose decision shall be final. B. Wireless Communication Co-location Facilities Not Governed by Section 6409(a) of the Middle Class Tax Relief and Jobs Creation Act of 2012. An applicant for a co-location facility not governed by Section 6409(a) of the Tax Act may file a formal written request for waiver of the requirements for a conditional use permit with the director. It is the responsibility of the applicant to establish evidence in support of the waiver criteria required by this section. The director may waive the requirements for a conditional use permit and instead require a site plan and architectural review permit only for co-locations that meet the following criteria: 1. Co-location.The proposed facility or equipment is co-located on or adjoining an existing WCF: 2. Preferred location. The proposed facility is located on a property developed predominantly with commercial land uses; 3. Stealth design.The proposed WCF is designed or located in such a way that the facility is not readil:recognizable as wireless communications equipment to an average person; 4. Prior approval and compliance. The existing WCF was subject to conditional use Permit approval and complies with the town's policies and regulations;and 5. Existing environmental compliance. the existing WCF has a certified environmental impact report or adopted negative declaration or mitigated negative declaration. and the existing facility has incorporated the required mitigation measures. The new equipment 01' structures do not constitute a substantial change in the project or new information as outlined in Public Resources Code Section 21 166. Applications processed pursuant to this subsection (B) shall be acted upon within ninety (90) days of submittal of a complete application. C. All Other Facilities. Wireless Communication I�Icilities that do not fall under subsections A or B .............. --- must go through the following process. Formatted:zzmpTrailerItem Formatted:Line spacing: Exactly 10 pt r Formatted:Default Paragraph Font 7?naa�n�l ihtu»n N�D'clecc('onnmo�icurion l ucililiec Sicmdur�iXevi.cecf y=? F 11..___'Ql�). 19 510 4501-79?7 V " I. Public notice of application filing. (a) Within fifteen(15)days after the filing of a conditional use permit application for a WCF with the Town of Tiburon,the town shall give written notice of such filing to all property owners within a six-hundred-foot(600')radius of the proposed facility.to a newspaper of general circulation within the Town of Tiburon_and to the presidents or their designees for receipt of notices of each of the affected homeo\v ners associations as determined by the director. (b) Notice of the filing of the application shall also be posted by the Planning Division on the town's web site and on the public notice bulletin board outside town hall within fifteen(15)days of the date of the tiling of the application, and such notice shall remain in such location for a period of at least thirty(30) days thereafter. (C) For applications on land owned by a public agency other than the Town of "Tiburon.written notice and a copy of the Town of Tiburon's WCF regulations shall be provided to the public agency within fifteen days of filing of the application. 2. Review and approval. (a) Any person who proposes to install or operate a WCF pursuant to this subsection (C) shall first obtain approval of a conditional use permit in compliance with section 16-52.040 (conditional use permit), unless the facility is exempt from securing such permit under section 16-42.030 (applicability). The review authority may approve a conditional use permit for a WCF only upon making the finding that the project is consistent with this section and is in substantial compliance with applicable requirements of the most current Tibiuron Wireless Con vntill icallon 110cililies Standards adopted by resolution of the town council. (b) Any person who proposes to install or operate a WCF shall first obtain site plan and architectural revie\\ approval in compliance with section 16-52.020(site plan and architectw-al review), unless the facility is exempt from securing such permit under section 16-42.030(applicability). (c) Applications processed pursuant to this subsection(C)shall be acted upon within one hundred fifty(150)days of submittal of a complete application. Conditional use permit and site plan and architectural review applications may be processed concurrent]V'. 3. Exceptions.The revie\r authority may grant an exception to any requirement of division 16-42 or any mandatory standard contained within the DVireless Communication 1-(Wilities Standards upon making findings that: (1) strict compliance precludes the reasonable accommodation of the communication needs of the operator as set forth in federal and/or state rules and regulations: (2)there are no other feasible alternatives: and (3) either state or federal layv° requires the town to issue the exception or the exception will serve the public interest dc�pite the conflict with the mandatory standards. Formatted:zzmpTrailerItem ......._..-- ..._........................................ ...._.........._.._.._..._..........._._.__...........__. Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Tuimn uf7ibaron 1171C/C.SS(nnnnanirurinn 1Ylelt1N< SORIM-dP 2ewsed,2-?, 1 dll....-201,\' 20 O:A_li=dS10-8501-79?7 I D. Length of conditional use permit approval—Mandatory review/renewal. 1. A conditional use permit issued for a WCF approved on or after January 1.2007 shall be valid for an initial period of ten(10)years after final approval,unless a shorter duration is approved on the bases of public safety reasons or substantial land use reasons. At least ninety (90) days prior to expiration of the ten-year period approval, the permit holder shall file an application for review/renewal of the WCF permit. The permit holder shall be solely responsible for timely filing of and for all costs associated with.the processing of applications for mandatory reviews/renewals. 2. A conditional use permit issued for a WCF approved prior to .January 1, 2007 shall be subject to the specific conditions of the permit with respect to duration and periodic manclatory review/renewal.At least ninety(90)days prior to expiration of the permit, the permit holder shall file an application for review/renewal of the WCF Permit.The review authority shall conduct a public hearing for the purposes of verifying continued compliance with the fundings and conditions of approval under which the application was originally approved. as well as compliance with other applicable provisions in the Municipal Code. Permit review/renewals are required every five (5) years, unless a longer time period is approved by the review authority,or another time period is set forth in the permit conditions.The permit holder shall be solely responsible for timely filing of and for all costs associated with, the processing of applications for mandatory rcvicwsh-enewals. 16-42.050- Amateur- Radio Antennas A. Amateur radio antennas and associated antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator's communication needs, in accordance with FCC regulations as set forth in FCC order"PRB-I" and Section 97.15 of title 47 of the Code of Federal Regulations,and in accordance with California Government Code Section 65850.3,or the respective successor sections thereto. B. No portion of any amateur radio antenna, associated support structure,or related equipment shall overhang a property I ine that i�,not part of the subject site at any time. C. Retractable monopoles may be required for amateur radio antenna structures over thirty feet in height that are in or within three hundred feet of any residential zone, as set forth in Section 16- 14.020 (Zoning Map and Zones). At times when not in operation, the monopole may be required to be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building. accessory ;tnictw'e, overhead utility, landscaping and/or any other site improvements. D. No amateur radio antemria or facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other WCFs, a potential threat to the public health.To that end. no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and ma�anetic field strength and power density for transmitters or any applicable more restrictive — --- --- standard subsequently adopted by the Town, county, State or federal government. Absolute Formatted:zzmpTraileatem ...... compliance with FCC Office of Engineering Technology (OFT) Bulletin 65 or any successorFormattea:rine spacing: Exactly to pt document thereto, is mandator, and any violation shall be grounds for the Town to immediately — Formatted:Default Paragraph Font Tmrnul terminate any permit granted hereunder, or to order the immediate service termination of any nouconlplyine facility vX°ithin the"Town. 16-42.060- Correction of Interference Problems To the extent allowed or required under applicable federal rules and regulations. the operator of a WCF shall correct interference problems experienced by any person or entity with respect to such person's or cntitv"s equipment. including but not limited to television, radio, computer, and telephone reception or transmission. \v hen such interference is caused by the WCF. If a federal agency with jurisdiction over such matters finds that a WCF is operating in violation of federal standards regarding interference. the operator shall bring the WCF into conformance with such standards within the conformance period established by the federal agency. In the event that the federal agency does not establish a conformance period.the operator shall bring the WCF into conformance within thirty days of notification by the federal agency. The operator shall provide the Director with a copy of any notice of such violation issued by any Icderal agency within fifteen days of receipt. Any violation of the provisions of this Section shall be grounds for the Town to terminate any permit granted hereunder and/or to order the immediate termination of service from the WCF. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference. (including but not limited to filtering. installing radio fi•equency cavities, installing directional antennas, powering down systems and engineering analysis), and all costs arising from third party claims against the Town attributable to such interference. 16-42.070- Removal of Discontinued Facilities Required Antennas. support structures_ and related equipment shall be removed within one hundred eighty days of the discontinuation of the use of a WCF and the site shall be restored to its previous condition. The service provider shall provide the Director with a notice of intent to vacate the site a minimum of thirty calendar days prior to vacation. For facilities located on Town property, this requirement shall be included in the terms of the lease, license, or other such agreement. For facilities located on other sites, the property owner shall be responsible for removal of all antennas, structures. and related equipment within one hundred eighty days of the discontinuation of the use. A monetary security; in a form and amount acceptable to the Town attorney, shall be required as a guarantee for WCF removal and site restoration. 16-42.080- Nonconforming Facilities A. Anv WCF in existence prior to December 2,2005 that is nonconforming to the provisions of this division 16-42 may continue to be used. Such nonconforming facilities may continue to be operated. repaired. and maintained but shall not be enlarged, expanded, relocated,or modified in any material manner. as determined within the reasonable discretion of the director. without conforming to provi,,ions of division 16-42. Notification of nonmaterial modifications shall be provided«ithin thirty (30)days to the review authority by the director. 13. Exception. Facilitic�, Governed by Section 6409(a) of the Middle Class Tax Relief and .lobs Creation Act of 2012 are not subject to the provisions of this section unless the proposed modification substantially changes the physical dimensions of the existing tower or base station.. as those terms are defined in the Act. Formatted:zzmpTrailerttem _......................................_..........._..._................_......._............. ......__.... Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font 701"11 01 Ylharon IFIrcless("nmm�nicu/ion 1-.-m-iliiie.s Sumdardr Revised 4-2-201_/.....__rl./,��' 22 16-42.090 - Maintenance of List and Map of Wireless Communication Facilities The Town shall maintain a map and Iist of the location o1'all WCFs within the Town permitted under this Section and shall make this information readily available to the public through a combination of methods such as availability at the Department and posting on the Town's website. The map and list shall refer interested parties to the Department for additional information. Formatted:zzmpTrailerItem ..............................._..............._.................._.__.................. ......_............_.......__........... Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font I mi 17 aJ Tiburon fireless Conran inicalion Focililies Standards Revised 4—�2-2Wt)l I '_'0l8 23 O:AIi=��IR10-R�O7-79 i'pl APPENDIX C Application Checklist for Conditional Use Permit The following information and materials shall accompany each application for a Conditional Use Permit: (A) A completed Land Development Application form, along with the filing fee (See Fee Schedule). (B) Ownership,applicant and property identification: (l) Names and addresses of all persons who own an interest in the subject property and identification of the interest (option, fee title, etc.). Also include fotn- sets of pre- printed mailing labels containing the name and Current mailing address of the applicant,property owner,and representative(if any). (2) Names and addresses of all representatives of the owners authorized to represent the project to the Town. (3) Authorization signed by the owners of the subject property requesting the Town to: (a)process the application; and (b)recognize specified persons as representatives of the owners in connection therewith. (4) A legal description of the parcel and a statement of the area contained therein. (5) A title repot verifying the description and vestees (not to be required if use is to be conducted in existing structure and no structural changes are proposed). (C) Use and management information: (1) Written statement(s) describing the characteristics of the use proposed, including, but not limited to,the following: a. Number of people involved either as employees,clients,students,customers, etc. b. Type of vehicular- traffic involved--auto only, truck deliveries, parent drop off/pick up,etc. C. Hours of operation. d. Product produced. e. Outdoor activities(storage,work,auto-stacking for drive-up windows. f. Odors,noise,dust,or glare involved. G. Hazardous or volatile materials or chemicals involved. — Formatted:zzmpTrailerItem h. In multi-tenant buildings, a list of all other tenants, their square footage occupied, number of employees at maximum shift, and parking spaces Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font You n ojl Thur-m Nlireless CO/7 MIMIM1i017I acililies Slandurde Revised 6 ' M 4 11 "x 24 ,1-7977 yl, available may be required. (2) Written statement setting forth any lease controls or management programs that will ensure that the use will not be detrimental to surrounding uses in the area or to the Town in general. (3) If the use is to be established in a location previously occupied by a different use, briefly describe the last use which existed there. (D) Plans and Drawings: (1) Twenty(20)copies of a site plan scaled and drawn to accurately and clearly show: a. All property lines with distances. b. Location of existing or proposed structures with dimensions of all wall lines and distances from structures to nearest property line (measured perpendicular to property line). C. Existing frontage improvements(curbs,gutters,sidewalks,edge of paving). d. A location map showing location of property in relation to the nearest major street. e. Existing or proposed on-site driveways, parking, and service areas fully dimensioned. (2) Twenty(20)copies of architectural floor plans showing each level with rooms,uses, floor level,doors,windows,etc. (E) Environmental Infonnation and Fees: (1) An Environmental Data Submission (unless the project is exempt) (See Town of Tiburon Environmental Review Guidelines,Appendix Q. (2) Initial Study/Negative Declaration Fee (Unless the project is exempt) (See Fee Schedule). Formatted:zzmpTrailerItem Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font 1,:ern of!ibin on Wireless Commmmicalion h'rcilitiec Siandar(A Revised 4==4, 01 N 25 APPENDIX D Map Showing Location of Tiburon Planning Area and 'Tiburon Ridge Carte Madera �;t..n:�•;,�=s� �� --� :3 {?I� ToSan rzaIa l 4 ' Tiburonrk A :- San Francisco sag - i jr Richafdson say N, 3 Y"! Ange'7s'9 P,a ; MARIN aUISIalft `. COUNTY - S vayY" 11 To clan Ffancis3_0 0 O 5 1 1.5 2 AWOWNT< Miles hf3 PLANNING AREA C ; rt,;:o'l x' sn of T;' ,a i.�,ql s.l Plan �'• ".Gfd`Sri -- = >AM Formatted:zzmpTrailerItem i_.........._...................... _....................__._.._...-----..._......_..__.._.___. Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font aJ7'11)11)•017 H/ireless Connnnnic•a(ion 1-cledilies S/e/m/urds Rrriscd 0/l 0/,�' 26 C)_)_h._5_lRl(1-5501-7977�,Ia APPENDIX E Excerpts from Noise Element of Tiburon General Plan The complete Noise Element, including color diagrams, may be found at www.townoftiburon.ora. Eraibttt ca urs Field c_ __. ode Changed NOISE ELEMENT Traffic on U.S. Highway 101 and Tiburon Boulevard is the primary source of noise in the Planning Area. Occasionally, aircraft flying into and out of San Francisco International and Oakland International Airports fly over the Tiburon Peninsula. Other noise sources include garbage pick-up; construction; delivery trucks and the commercial activity Downtown and at the Cove Shopping Center; and boating near Downtown. The Town does not have a Noise Ordinance. However, the Municipal Code limits the time of day that commercial vehicles, including waste management trucks, can operate in Downtown; prohibits the use of gas-powered leaf blowers within residential areas;and bans jet skis in"Town waters. EXISTING NOISE CONDITIONS Traffic Noise Government Code Section 65302(f) requires that current and projected noise levels be analyzed and quantified for highways, freeways, primary arterials, and major local streets. The law requires that noise contours, shown in terms of community noise equivalent level (CNEL) or day-night average level (Ldn), be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques. The existing and projected noise level contours, based on existing and projected traffic,are shown in Diagrams 7.1-1 and 7.1-2. Aircraft Noise The California Division of Aeronautics is in charge of enforcing airport noise regulations for all airports within the state. The noise standards require that no residences, schools, hospitals or places of worship be within a Noise Impact - Formatted:zzmpTrailerItem Area. The Noise hnpact Area is a line around an airport within which the noise ---------------- level is at or exceeds 65 dB CNEL. Formatted:Line spacing: 10 pt Formatted:Default Paragraph Font Town of Tiburon Wireless Communication facilities Srondardc Revised",_- 11-14111..,, '018 27 CIA K-:4810-S SOI-79'7 vl, At the request of the County of Marin, San Francisco International Airport has conducted noise measurements at Tiburon, Bolinas and Pt. Reyes to quantify aircraft overflight noise. The studies have shown that noise generated by individual jets reaches maximum overflight noise levels of 45 to 70 dBA at these locations. The aircraft-generated CNEL ranged from 19 to 44 dB in'Tiburon. Sensitive Receptors Sensitive receptors are those that are most affected by noise. The California General Plan Guidelines lists schools, churches, convalescent homes, and sensitive wildlife habitat as sensitive receptors that should be identified in the General Plan. The locations of these sensitive receptors in the Planning Area are shown in Diagram 7.1-3. NOISE AND LAND USE COMPATIBILITY GUIDELINES Community Noise Exposure,Ldn or CNEL,in dB Land Use Category 55 60 65 70 75 80 85 Residential (interior noise levels not to exceed 45 dBA Ldn) Transient Lodging,Motels,Hotels -. Schools,Libraries,Churches,Hospitals, Nursing Homes Auditoriums,Concert Halls,Amphitheaters Sports Arenas,Outdoor Spectator Sports Playgrounds,Neighborhood Parks,Tennis a -N0 Courts,Outdoor Recreation ¢OUR, Water Recreation,Riding Stables,Golf Courses, _ Cemeteries - Office Buildings,Business,Commercial& Professional K_ - hldustrial,Manufacturing,Utilities,Agriculture - Normally Acceptable: Specified land use is satisfactory,based upon the assumption that any buildings involved are of normal conventional construction,without any special noise insulation rec uirements. Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in the designs. Normally Unacceptable: New construction or development should be discouraged. If t==� new construction or development does proceed,a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in az z_ _...- ---- _r_. the design. Formatted:zzmpTrailerItem Cleary Unacceptable: New construction or development clearly should not be i Formatted:Line spacing: Exactly 10 pt undertaken. ,---...--- Formatted:Default Paragraph Font Tovrn(?/Tiburon IVireless(:0M)M IC0/1017 NI,11iiies\7undorrle Revised ??A 28 fU<'-ddR10-3501_7977y.1,, NOISE GOALS N-A: To ensure that residential areas are quiet and that noise levels in public and commercial areas remain within acceptable limits. N-B: To eliminate or reduce unnecessary, excessive and offensive noises from all sources. N-C: To minimize the exposure of community residents to noise through the careful placement of land uses that may cause noise impacts. N-D: To minimize current noise impacts from Tiburon Boulevard and other high-volume roads on adjacent land uses that are sensitive to noise. NOISE POLICIES N-1: The Town shall use the Noise and Land Use Compatibility Guidelines contained herein to determine where noise levels in the community are acceptable or unacceptable. N-2: The Town should use the Noise and Land Use Compatibility Guidelines to determine acceptable uses, and to require noise attenuation methods in noise-impacted areas. N-3: Environmental reviews (environmental impact reports, initial studies/negative declarations) of projects within the Tiburon Planning Area will be required to, where appropriate, include an acoustical analysis of the project's potential to cause a noise impact. N-4: If the projected noise environment for a project exceeds the standards identified in the Noise and Land Use Guidelines, the Town shall require an acoustical analysis so that noise mitigation measures can be incorporated into the project design. N-5: Motorized recreational vehicles (including trail motorcycles) shall be prohibited in off-road areas iu the Tiburon Planning Area. N-6: Hours of use of recreation and commercial facilities should be regulated to minimize offensive noise to ensure compatibility between such facilities and nearby residential areas. Formatted:zzmpTrailerltem ..................-................._........ ............................................................................ Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Towle of7lbaron Phreless(.O1HIMMIC01Inn faclllhes ShIM/O1-dC 2ewsed F-�-2F40;.1....._'O18 29 N-7: Noise walls, sound walls or any form of solid barrier shall be aesthetically compatible with the surrounding neighborhood. N-8: The Town, in conjunction with the County of Marin and other cities and towns, shall attempt to reduce aircraft noise over the Tiburon Planning Area by working with the appropriate regulatory agencies. N-9: New projects in Downtown shall, through site and building design and the use of the best available building technology, minimize the potential noise conflicts between commercial and residential uses, on mixed-use and adjacent residential properties. N-10: Standard quiet construction methods shall be used where feasible and when construction activities take place within 500 feet of noise sensitive areas. IMPLEMENTING PROGRAMS FOR NOISE N-a: The Town should periodically assess the noise environment to identify noise sources that should be regulated to reduce excessive or offensive noise. N-b: The Town should contact the appropriate regulatory agencies to ensure that they are aware of the Town's policy discouraging aircraft flyovers of the Tiburon Planning Area. Formatted:zzmpTrailerItem ................_-.._.._......_...................................... ___...._..._...... ... i Formatted:Line spacing: Exactly 10 pt -- -- ................ ---- .......... Formatted:Default Paragraph Font --- Tntifna of Tfbtiron 1111reless Cnnnmmiculion 12ic!!ilies,Srundcu-dr Revisedti Al J./;l ''Ol,,� 30 ---4S I Q-x501-7977". APPENDIX F Sample Written Authorization Form for Retention of WCF Consultant AUTHORIZATION TO RETAIN WIRELESS COMMUNICATION FACILITY CONSULTANT Project Name: Project Address: Assessor Parcel#: I am the project applicant,or authorized agent of the project applicant,identified below. I am aware that pursuant to Section II1.13.25.b of the Town's adopted Wireless Facilities Standards,the Director of Community Development has determined that this project requires an independent,qualified consultant to evaluate technical and other aspects of the proposed project, including but not limited to,verifying the comprehensiveness and accuracy of the analysis of potentially technically feasible alternate sites,compliance with applicable emission standards, potential for interference with consumer electronic products and/or public safety communications and the appropriateness of granting any requested exceptions to Town regulations. I understand that this retention is for my benefit. Accordingly,I hereby authorize the Town to retain such a consultant and agree that the project applicant shall advance of- promptly reimburse the Town for all reasonable costs associated with the consultation as agreed in this Authorization. The Director of Community Development or his designee shall provide the project applicant with an estimate of the cost of retaining the WCF consultant. The applicant shall deposit funds sufficient to fund this cost within 15 days of receiving this estimate. In the event that the actual cost is less than the estimate deposited,the Town shall refund the surplus within 30 days of the disposition of the project application. In the event that the actual cost exceeds the estimate,the applicant shall deposit finds sufficient to reimburse the Town for the shortfall within 15 days of receiving notice thereof. In the event that the project applicant fails to comply with the provisions of this authorization,the Town shall terminate all consideration of the project and shall deny the project application for failure to comply with the Town's Wireless Facilities Standards. 1 Formatted:zzmpTrailerItem ........._................_..................................................-__--___..................__....._........... Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Town(#7 fbt1ron 11 jreles.a Connmmic(mon Fiwilmes S7andords Revised G ?9 41/,..__'0181' .31 aO,gli.rr_1S10-5501-?9''vl, " By: Signature: Date: Name(printed): Title: Agent of _.— (If agent. attach written authorization) For Town of Tiburon Use Only Below This Line Date Received by Town of Tiburon: Initials of Receiving Town Employee: Project File Number: _ Formatted:zzmpTrailerItem ..............._......_..........................................._._.__._.........__..._............................. Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Town of7ihuron lVircles.r C'onnuumcraion I'mWilies Siandardr Remised t 2-?(10.11_._..._'011 32 APPENDIX G Checklist of General Requirements The following checklist is intended as a quick reference tool for applicants and the Town in assessing general compliance with these Standards. Reference to the full text and context of al I items contained within this checklist is strongly advised. Mandatory Standards The WCF would be consistent with General Plan goal and policies and Municipal Code regulations No portion of the WCF is located within 100 vertical feet of the Tiburon Ridge "There would be no more than one monopole structure at the site(proposed shared-location sites excepted) No portion of any antenna,support structure or related WCF equipment overhangs a property line Freestanding monopole antenna structures are set back at least 50%of the monopole height from all property lines and 100%of the monopole height from any adjacent residentially-zoned property Antennas.support structures and related equipment comply with building height limitations in the zone in which they are located The WCF would have a non-reflective finish and be painted a color consistent with the predominant background _ Applicable provisions of the California Building Code and subsidiary codes would be met The smallest. lowest and least visible antennas and support structures are proposed that will reasonably accommodate the operator's needs The WCF is not located on a site used for residential purposes The WCF is not be located on a parcel designated as Open Space on the Tiburon Zoning Map The WCF is not be located on a building and/or property designated as a Local Historical Landmark The\VCF is not located on a building listed in the Town`s Local Historic Inventory of Buildings in Downtown Antennas and supporting structures and equipment are designed to consolidate planned Formatted zzmpTrailerltem expansions of facilities Formatted Line spacing Exactly 10 pt Design of potential co-location and shared-location sites promotes use by other wireless service Formatted:Default Paragraph Font I mri7 a/Tlbmvm Idlnre/es:s Commrmiruiion I'm iliifer Siandardr Revised 4-2—:44011 nro° 33 .......................... Providers _ The WCF applicant's lease agreement (or other instrument) is not exclusive of other \vircicss service providers Applicants will notify(and provide evidence of such notice to the Director)other potential users of the proposed WCF site to promote co-location Permit holders shall charge standard.reasonable rates for co-location of other WCFs _ The WCF (alone and in combination with others) does not exceed FCC exposure limits and standards The WCF is consistent with the general scale of structures and buildings in the vicinity The WCF is properly related to the development of the vicinity as a whole The antenna is sited and designed to appear as an integral part of the building or structure The antenna and its screening are architecturally compatible with the building or structure _ Wall-mounted antennas are integrated architecturally with the style and character of the building OF Structure The WCF is located entirely within an existing or newly-created architectural feature or is completely screened from view Wall-mounted antennas are not located on the front (or the most publicly-prominent face) of a building Wall-mounted antennas are located above pedestrian eye-level Roof-mounted antennas and associated equipment are located as far back fi-om the edge of the roof as possible The WCF and related equipment are installed within the existing confines of a building_ or underground 11' meeting the prior standard is not feasible, the equipment is painted. screened. fenced. landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and/or built environment as appropriate Equipment buildings are designed to be compatible with surrounding development and/or land use setting The WCF avoids creating any unreasonable obstruction of views from Surrounding properties The WCF has no advertising signage or identifying logos except as may be required by law Formatted:zzmpTrailerItem ...................................................__................_.......__.._..._.... ._.._..___---- ......................................... _...... _._.............._................. The WCF preserves significant existing landscaping Formatted:Line spacing: Exactly 10 pt --...--- Formatted:Default Paragraph Font Toti,n uJ%7brnnn 171irelec.r Communication J•2rcilitie.e S7mndards 2ei,isec1fir?=94t11_l..__'!7/.)' 34 Significant vegetation disturbed during project construction is replanted with appropriate vegctation Soils disturbed by development are stabilized and/or planted Introduced vegetation (if required) is native. drought tolerant species compatible with the surrounding setting French broom and similar undesirable,invasive plant species are to be removed Existing landscaping materials are utilized to screen antennas and other WCF equipment from off-site views The WCF operates in compliance noise exposure levels contained in the Noise Element of the Tiburon General Plan Hack-up generators (except in emergencies)shall only be tested during the hours of 8:00 a.m. to 6:00 p.m..M- 1-Permitted hours for testing and servicing of the WCF are compatible with. and sensitive to. surrounding uses Vehicular traffic resulting from the operation and maintenance of the WCF are kept to a minimum Access to the WCF facilities is prohibited to the general public The WCF is designed to be resistant to and minimize opportunities for unauthorized access. climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight.or attractive nuisances The WCF has no artificial lighting. If Such lighting is required by law, the following standards shall apply: Manually-operated, low wattage. hooded and the least intrusive exterior lighting shall be permitted for safety purposes only and shall be kept off except for maintenance or safety personnel 01't0 the most limited extent allowed by law Formatted Font Times New Roman .................. i Formatted:Indent:Left: 0",Hanging: 0.5" Nighttime lightina Of warning sighs required near publicly accessible facilities shall consist of Formatted:Font Times New Roman low-wattage fixtures.and shall be directed downward and hooded _-_—_._ .s.._.._ -- Formatted Font:Times New Roman Formatted Font.Times New Roman Small Cell .ncless l lcihiics/RI fit-o1=Wav Facilities —.... .,�� Formatted:Font:Times New Roman Separation. Itch�In lll.cell wireless facility must beat least 1.000 teat v I� trona the nc arcs( � �Formatted Font:Times New Roman —. _ ..-- _ ......... small cell facilit Formatted:Font:Times New Roman BLIf fel Edell SIMIl l Cell wireless facility must be at least 500 feet 1AA aA f roill allA-resideliccs, Formatted Font Times New Roman hos lllals.Child c t1 cc-eters Gild schools Formatted:Font:Times New Roman — — --- --- Formatted zzmpTrailerItem ....... Weight. Each small cell wireless,facility ntus..._connecl to an evistmP uUlil.. pol.c,that can support. _.Formatted:Line spacing. Exactly 10 pt _._ -.___. . .. Forma i is ht —...x_. Formatted:Default Paragraph Font Town of I ihuron Wirelc,,(ommu nicalion hocililies Siandords Rei,Lved 6 0 '01.1. 35 ).11%__IS 10-8501-i977 v1, Concealment. All small cell wireless facilities in the public muss be Formatted:Indent:Left: 0.08",Hanging: concealed to the maximum extent feasible with design elements and techniques that 0.42" mimic or blend vv ith the underlving' supp01-t st-ucutre. surrounding environment and adjacent uses. In addition.small cell wireless facilities in the public right-of-\\ay mai not Unreasonably hinder, impede.obstruct.or interfere\\ith the public rights thereto. SUUpOI-t St-nctLll'CS.All small Cell VylI'eICSS 1'aClhtles Ill the public rlg�ll-Ot-AA-aA Il1rISt Formatted:Indent:Left: 0.08",Hanging: be installed on existing above-around structures (such as light standards or utility 0.42" Doles) %v henevcr possihle and aesthetically desirable. Existing abov c--)round structures may be replaced xwith hardened support structures so Iona as the r�lacement structure is substantially similar to the existing st-uctm-e to be replaced. The Town will not approve any new. non-rcplaccmcnt support structures unless: (a') the applicant demonstrates that above-ground support structures near the pro.iect site either do not exist or are not reasonably available to the applicant: or.(U the Town specifically finds that a neNw,non-replacement support structure: would be more aesthetically desirable and consistent with the objectives of these Standards than installations on existing structures near the prosect site Underarouuded ECtuipment.To conceal the small cell wireless equipmcn[ l0 the Formatted:Indent:Left: 0.08",Hanging: maximum degree feasible. applicants must install all small cell wireless equipment !0.42" (other than the antenna and any electric meter) underground in any arca in \ehich the existing utilities are primarily located underground. In all other areas. applicants shall install all equipment (other than the antenna and any electric meter) underground when the To\>,-n finds that the above-ground equipment �y0uld Unreasonably interfere with (a) the public's ability to use the f01- travel: ortravel: or (b) a specific viewshed or other visual resource seen from within the public right-of-way. Mere additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement Pole-Mounted Fc UI pent. All small cell wireless pole-mounted equipment must be Formatted:Indent:Left: 0.08",Hanging: installed as close to the pole as technically and legally feasible to minimize the overall 0.42" visual profile. All pole-mounted equipment and required or permitted signage must face toward the street or otherwise placed to minimize visibilit\_from_aL acent sidewalks and structures.All cables,wires and other connectors must be routed through conduits within the pole whenever possible. and all external con(uits. conduit attachments. cables. wires and other connectors must be concealed from public vie\\ to the maximum extent feasible Ground-MOtmted Equipment. To the extent that the CgUil)MCot Cannot be plaCed : Formatted:Indent:Left: 0.08",Hanging: underground as otherwise required.applicants may be permitted to install ground- 0.42" mounted equipment in a location that does not obstruct pcdest-ian or\ehicular traffic. All ground-mounted equipment must be placed in the least conspicuous location available within a reasonable distance from the pole. "The Twwnn mn condition approval on new or enhanced landscaping to conceal around-mounted equipment Advisory Standards Formatted:zzmpTrailerttem The WC1-is located in a commercial area (Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font %own oj7)buron Hlirclecs Coinnnowcarion Facilaies Standards Revised 4 'u.l.ul l "0/N 36 OAK;1810-850.1-797,1, " The WCF is on a publicly-owned site or structure rather than a privately-owned site or structure The WCF is not located within,or in close proximity to.the toIIoxv ill uses:dwelling units: hospitals;child care centers;and schools The WCF does not propose any monopoles.towers or other stand-alone structures The WCF uses existing structures rather than proposing the construction of new ones The WCF is proposed as a co-location site if reasonably feasible and aesthetically or othery-ise desirable The WCF is proposed at,or as,a shared-location site The WCF makes under-utilized space available for co-location purposes _ Roof-mounted equipment is located adjacent to existing rooftop equipment. incorporated into rooftop equipment enclosures,or otherwise screened from view Existing rooftop antennas(at co-location or shared-location sites)are consolidated vv°here possible;other roof=top equipment and appurtenances(vents.heating and cooling systems,etc.) are to be removed if no longer in use The WCF is: __ 1. Substantially screened from the view of affected properties.public rights-of-way and other public property:or 2.Co-located or placed on a shared-location site in a manner that will minimize visibility:or 3.Located in areas with substantial existing screening by buildings.structures and/or landscaping,or .--1--4.Designed to appear as natural features found in the immediate area The WCF is served by the minimum roadways and parking areas necessary Existing roads and parking areas are used for access and service of the WCF Proposed new roadways and parking areas constructed are shared with other permitted or envisioned uses The size of new parking areas is limited to the minimum area necessary Formatted:zzmpTrailerttem ..............._............ __.._.._._._...----........... Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Toinm of 71bn'017 wireless Connminiceion Facilmes Siandardc Rerised 4 -1114i 1 '0_/N 3 O�Ah,._:gR I i-5501-7977 v� APPENDIX H Town of Tiburon Local Historic Landmarks (As of 116/72/20180) 1. Peter Donahue Building---1920 Paradise Drive(Designation Affects Building Exterior)(Resolution 830) 2. Lyford's Stone Tower---2034 Paradise Drive(Designation Affects Entire Property) (Resolution 879) 3. Old St.Hilary's Church---201 Esperanza Street(Designation Affects Entire Property)(Resolutions 1053 and 3384) 4. Brick Kiln Bunkhouse---841 Tiburon Boulevard (Designation Affects Entire Property)(Resolutions 3131 and 3385) 5. Lyford House---376 Greenwood Beach Road (Designation Affects Building and its immediate perimeter)(Resolution 3431) ---------- - Formatted:zzmpTrailerItem --..........-............... _.......--._... .......... Formatted:Line spacing: Exactly 10 pt : Formatted:Default Paragraph Font Trnwn nJ'Tihtiro�� YVfrelee.e Conmaanirniion F��rflliiec S�undarzlc Revised 'Ol.�' 38 OAh�dS 10-5507-7477v1 APPENDIX ] Local Historic Inventory of Buildings in Downtown (Resolution 21-2010,effective May 5,2010) This :�>>endix U dated through 118�`(17�/2(11 Main Street(Lower) 13, 15, 17, 19 Main Street 16, 18 Main Street 21 A Main Street(on pier) 24,26 Main Street 27,29 Main Street 30 Main Street 31,33 Main Street 32 Main Street 34,36 Main Street 35 Main Street 38 Main Street 55 Main Street Main Street(Upper) (a.k.a.Ark Rote) 72 Main Street 104 Main Street 106 Main Street 108 Main Street 110 Main Street l l2 Main Street l l6 Main Street 118, 120 Main Street 122 Main Street y4bl , n'9111,,.,,.a,W t,,,, la Lane El494-1-69f- t1@, Boulevard i-t„ur,,- Et-?eel:,-:1-1- = -2} 4- ; Formatted:English(U.S.) Formatted:English(U.S.) Formatted:zzmpTrailerItem .......................................................-......................................-........-............. Formatted:Line spacing: Exactly 10 pt ..............------_ -- Formatted:Default Paragraph Font lownoJ7ibmYn7 Wireless ConvninlcalionI�acill I ws Slum dur(IV Rrrreed4+4l1....__ �./N 39 U41. iS10,9501-7977,1. APPENDIX J Standardized Conditions of Approval This Appendix contains a list of standm-di-ed or ivpical conditions that stay be imposed on WCF permit approvals. Not all conditions me{p apply to every uj ljwoval, and wording of certain conditions must be tailored to each permit as appropriate. This appendix in no tray limits the Town from applying additional conditions not contained herein. The use shall be in substantial conformance with the application as submitted,as modified by the conditions of approval herein. Any substantive intensification of operation or use,as determined within the reasonable discretion of the Director of Community Development,shall require an amendment to this use permit. This conditional use permit shall be valid for an initial period of ten (10)years from the date of final discretionary approval. The permit may be extended for a period no longer than five(5) years after the holding of a public hearing for the purposes of verifying continued compliance with the findings and conditions of approval under which the application was originally approved, as well as compliance with any other applicable provisions provided for in the Municipal Code. The permit holder shall notify the Town, in writing, that the facility has become operational within five(5)days after it has become operational. Within sixty (60) days after a WCF becomes operational, the permit holder shall provide the Town with a report from a certified provider of such specialized studies, confirming that the actual EMF radiation levels, operating alone and in combination with other approved facilities, substantially conform to the pre-approval EMF report, and confirming that EMF levels do not exceed current standards for permissible human exposure to EMF as adopted by the FCC, and measured at the property line or nearest point of public access, whichever is closer, in the direction of maximum radiation from each antenna. Reports shall specify EMF levels with the site operating at full power and baseline levels with the site inoperatis e. Technical data shall be presented showing levels relative to the currently permitted Federal regulations. Raw measurements shall be provided as an appendix. In addition, the report shall include, in lay terms, a summary of the technical data as presented in the report. EMF reports required herein shall be paid for by the permit holder and prepared by a third party consultant acceptable to the Director of Community Development, using a testing protocol acceptable to the Director of Community Development. Following the initial sixty (60) day report required above, the permit holder shall have EMF radiation levels of the WCF tested. not earlier than ninety (90) days prior to every required renewal of the permit. The permit holder shall submit the written report, along with application for renewal,at least sixty(60)days prior to the date of expiration of the conditional use permit. Formatted:zzmpTrailerItem ..................._..................._...._.._.........._................................._..__................... The applicant shall obtain all necessary permits fiom the Tiburon Building Division for theFormatted:Line spacing: Exactly ro pt construction of the facility. Formatted:Default Paragraph Font Town of Tiburon Nl'irelcss('omniunit fit ion t iiciItties Standards I?evisut ---W I/ _.0IN 40 O'%k=1510-3501_7977�0, The permit holder shall at all times comply with requirements of the applicable Fire Protection District regarding fire safety, which may include installation of an automatic fire extinguishing system, installation of a remote monitoring system, or such other compliance techniques as determined by the Fire Marshal. Required fire safety measures shall be completed and required fire safety equipment shall be installed and in operation prior to final building inspection and commencement of use of the WCF. The permit holder shall maintain all WCF facilities in an undamaged condition. If visibly damaged,the permit holder shall repair or replace the facilities as necessary achieve consistency with this approval. If the American National Standards Institute(ANSI)and the Institute of Electronics and Electrical Engineers(IEEE)or other regulating body establish a more stringent standard(s)for- human exposure to radio fi-equency radiation or other electromagnetic field radiation which is determined by the Director of Community Development to be applicable to this WCF,the permit holder shall be required to, upon consultation with the Community Development Department, file for a review of this Conditional Use Permit within sixty(60)days and evaluate the existing cumulative levels of EMF radiation emissions from the project site in accordance with the new standard(s). Any exceeding of the new standards(s)on the project site,as demonstrated in radio frequency evaluations required herein, shall provide grounds for the Town to revoke or amend this Conditional Use Permit as provided in the Tiburon Municipal Code. No advertising signage or identifying logos are to be placed on the WCF,with the exception of small identification plates for emergency notification or warning notices. Sign permits shall be secured prior to installation for all signs subject to a permit as required by Chapter 16A of the Tiburon Municipal Code. There shall be no exterior lighting of the WCF unless required by state or federal law. Permitted howl for routine testing and servicing(excluding emergency repairs)shall be [specify days and hours]. Typical vehicle trips resulting from the operation and maintenance of this WCF are anticipated to be per month and shall not substantially exceed that number. The permit holder shall enter into a landscape performance and maintenance agreement with the Town of Tiburon to ensure the installation, establishment, and ongoing maintenance of required landscaping. This agreement shall be executed prior to final building inspection and prior to commencement of use of the WCF. The agreement shall be secured by financial securities in an amount equal to 125% of estimates to cover the cost of materials and labor for required improvements. The duration of the landscape maintenance a�,reement shall be for the lifetime of the facility. No screening vegetation shall be removed subsequent to project completion except to comply Formatted:zzmTrailerltem P.....,:, with local and State fire safety regulations. to prevent the spread of disease as required by the (Formatted:Line spacing: Exactly IO pt Formatted:Default Paragraph Font Towno/Tiburon Wil elessC?mmno2icaiionhlciliiie. ./andardY prised(+—'-'NN)1.1.!_2Q18 41 ,oA 1i-4810-8;01-7977 1, State Food and Agricultw-e Department, or to prevent safety hazards to people and property, Without the written permission of the Director of Community Development. The permit holder shall properly maintain, and ultimately remove if required, the WCF in compliance with applicable provisions of the Municipal Code, these Standards, and any conditions of permit approval. Prior to final building inspection and commencement of the WCF use, the permit holder shall post a financial security. such as a letter of credit, acceptable to the ]own Attorney to ensure that the approved facility is properly maintained and will be removed if required. The amount of the security shall be 125% of the estimated cost to remove the facility and return the surrounding area to its condition prior to installation. The permit holder shall fund all costs associated with ongoing peer review of technical information and/or the Town's retention of an independent consultant to measure electromagnetic radiation fi-om the WCF for compliance with applicable FCC regulations, or for other purposes as set forth in Section I11.B.25.b of these Siandarcls. Permit holder may be required to post a financial security to cover such costs. The owner of the site, all other interest holders and the permit holder shall agree to defend, indemnify, and hold harmless the Town and any of its boards,commissions,agents,officers, and employees from all liability, losses, damages, costs, expenses and fees resulting from any claim or action not made or brought by the Town involving the facility, including, but not limited to, the approval or conditional approval of a permit for the facility or from any claim or action to attack, set aside, void, or annul the approval of permit applications or any other license with respect to this facility, or involving its installation, use or operation. The Town shall promptly notify the permit holder of any such claim, action or proceeding. The Town shall retain the right to participate in any claim,action,or proceeding, including the selection of its own legal counsel. In the event that the Town shall in the future adopt legislation providing for the payment of franchise or other fees by entities maintaining WCFs within the Town,the permit holder shall be subject to such legislation and shall begin paying such fees upon the effective date of said legislation. The permit holder shall not encumber, sublease, assign, transfer or sell (including the sale, acquisition, merger or consolidation of permit holder), a permitted WCF (excluding an approved co-location) for use by anyone, including another carrier, without first providing not less than thirty(30)days written notice thereof to the Director of Community Development. The applicant shall be required to fund all costs associated with independent peer review studies and reports commissioned by the Town of any information submitted by the applicant,or the independent preparation of such information by the'Town or its consultants. Such costs shall include, without limitation,the cost of third-party consultants to verify the predicted and actual measurements of electromagnetic radiation for compliance with current applicable FCC guidelines and shall also include,without limitation, a third-party report evaluating the feasibility of alternative facility designs and locations(including) multiple site alternatives)that make recommendations on the best alternatives (including multiple site alternatives)location(s)for Formatted_zzmpTrailerItem providing the desired level of service coverage. Costs covered by this section shall include all Formatted:Line spacing: Exactly to pt Formatted:Default Paragraph Font 7owne/7ibm-011 I1*1rCLAN('Ulnln11171 CC[IIMII(ILih/IC� ondurr, Revised/°-2W�%_(....''(l1<Y 42 costs incurred by the Town in obtaining independent peer review commissioned by the Town, includin-1,without limitation,the consultant's fee and the Town's overhead cost associated with staff time expended on administration of the contracts. All independent peer reviewers and consultants shall certify in their reports that they do not and have not performed services for the applicant or for any entity associated with the applicant and that such peer reviewers and consultants have no conflicts of interest whatsoever with respect to their work for the Town. The installation of antennas or equipment for other carriers or service providers in locations where others hold a permit or permits for WCFs shall require compliance with the Town's permit approval process and, where applicable, may take the form of an amendment to an existing permit or a new permit. If the site constitutes a potential co-location or shared-location site, the permit holder shall not enter into an exclusive lease, license, or other arrangement for the use of the site, unless specifically authorized in the Town's permit approval. With respect to applicable provisions of the Municipal Code regarding correction of interference, the permit holder shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference,(including but not limited to filtering, installing radio fi-equency cavities, installing directional antennas, powering down systems and engineering analysis),and all costs arising from third party claims against the Town attributable to such interference. The permit holder shall place and maintain permanent RF Notice signs in English and Spanish adjacent to its equipment cabinets.The signage must be fully compliant with ANSI C95.2 for color,symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to reach the permit holders' network operations center,and such telephone number shall be able to reach a live person who can exert transmitter power- down control over this site as required by the FCC. Said signs shall comply with any applicable federal regulations and shall be installed prior to commencement of the use. The permit holder shall place and maintain permanent RF Notice signs in English and Spanish [identified area in front of antennas].The signage must be fully compliant with ANSI C95.2 for color,symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to reach the permit holders' network operations center, and such telephone number shall be able to reach a live person who can exert transmitter power- down control over this site as required by the FCC. Said signs shall comply with any applicable federal regulations and shall be installed prior to commencement of the use. Prior to issuance of the building permit,applicant shall identify obsolete or unused roof projections on the building and arrange for their removal as part of the installation work. The permit holder's equipment enclosure shall be kept locked at all times when an authorized carrier representative is not present at the equipment enclosure. Formatted:zzmpTrailerttem ....................._................................................ . ._.._..................._.._......_....__...... Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Tomos of 11hu on PI'ireless Cbmm711171ralion 1-m-11ilic,.Slonchw(A Revised 4-224l01,1, _201N 43 The Town of Tiburon reserves the right to amend or revoke this permit for cause, in accordance with the provisions of the Tiburon 1v1unicipal Code. Additional Conditions Specific to Small Cell/Right-of-Way Wireless Facilities hC Sillall Cell vv'IICICSS WICC011lrllnhlCalronS facility shall be Subject to SLICK conditions, CllailgeS Formatted:Font:(Default)Times New Rom< -- _ __... .._.__ _. _......._..._._ .c 1 I 12 pt OF Inllltatuuns ls._ue fi0m time to ...- ,,deen�zd.ncceSsary°,by,tl>.e Town Engineer for the nu�usg I (1).._prolectl.11L, the public_llcll h,...Slfcty-_ and welf9lC,._�h� pl'Cv�ellt111� .Illtcilerellce_ v611] Formatted:Font (Default)TimesNewRomz . 12 pt pedestrian and vehicular llafllC. and (C) preventing damageto the public right o1=vvay or am property_adj lcciii to it. 'I he t-o\%'n Bray modify-the permit to reflect such conditions, changesor limitations by follow ul'-) the same n�tice and DUblic hearinLy proce.dures._as.._are,applicable to the .... _... . ..._ dant 0f a yv-ncl___ located... _.. prrmiuee Shall be <,i�-Cn notice bypersonal service or by registered or certified mail at the last address_.Drov Idedrn ..to the 1-0\\11by theDermittee,x Formatted Font: 14 pt Formatted:Font:(Default)Times New Romp �The permittee shall not_move_ alter. temporarily relocate. change. or interfere with any existillO 12 pt -- -- - sttucture improvement or property Without the >t r>�ior consent of the owner of that structure. inlptovenluat or ptopci_t� A,o sttuctutc....inlprovcIltent._01:pTop_erty.._owiled,by,the Town shall be .... ........ ...... . .. _. ............. moved to accommodatte.._a \\neless_iclecommunications_facility unless__the "IoWn determines,that such nl0_ or any._..... ...... .. and the 1vS all costs and expenses related to the relocation of the Town's structtn'e. i,mprn\_emettl.._of'.__Itropcity:...._l1r�ior._to...11 commencement....of any work_pursuant to ill encroachment helnllt issued for 1n\ facility within the public right_of-way the permittee shall..provide the 'I ovVll With documentation establishin(_� to the Town's satisfaction that the permittee has the legal rialit to ui se or interfere with anv Orther sttt rucure, improvement or property within the public - -- _.. riudit of\A ay to be affected b�- appl Ic alit S_facilities. Formatted Font.14 pt Formatted Font:(Default)Times New Romp The permittee shall repair. at its sol,_ cost and expense, any damage including, but not limited to 12 pt ......... ........................ .......... ................ s_ubSidcrtce t1c,l:ua erosion. colLpse...weakening, o�• loss of_lateral,support._to Town streets.:. .._ sidewalks, vv alas_ eulbS, OuttClS. ue cs. parkways, street hgllts, traffic signals improvements of ... .... - any kind rn llatu_rc 01 Lrtlluy ln_les -nd_._systents,underground utility_line and sv_stenls. or sewer SyStcnls and sevvcIiilies that rest It from any activities performed in connection with the installation or maintenance of._a.._vv I less tel econlnlLit]ications facility in the Dublic ri_<-ltt of vN,ay.. The.. Shall and in. _. - -- -. existed-prior to the Installation of- -1laintenance that necessitated the repairs. In the event the perillittee fails_t0_Complete Such_Icl air Avltlllll the iatlnlber of days stated oil a written notice by ; Formatted Font:14 pt the Director, tide Director shall c Wt C such repair to.,,be Completed at permittee s sole_.cost,and Formatted.Font (Default)Times New Rom< ..__. .._... ._..... ....._. ...._.._ __.__ .. \pt 11 SC. 12 pt ............. Formatted:Underline hrlot'to ISSLIallCC o1'8 MlildlnL? pct.-lit_. the applicant shall obtain the_Planning Division staff'sFormatted Font:(Default)Times New Romc applovaI_of a uee protection pl.trt pI pared by acettltled_arborist If the installation,of the wireless 12 pt - ---- telecommunication facikity vv Ill he rcated within the canopv of a street tree, or a protected free. Formatted:Font: 14 pt ._._.. _.._ . _ ............- oil pi-Mite prol>eI t� _OI' \A Itllill a tc° -foot radiuS of the base of Such a tree. Depending, oil sitC I Formatted:Font:(Default)Times New Romp eciflc criteria location on of tt size. and ree, etc. - d t e of t , a radius greater than ten feet 12 pt - -.._ --- -- -- -�--- mav be t'CClllired.bv the Director'of(_ommumty Development. �Formatted zzmpTrailerltem .........::::::: Formatted:line spacing: Exactly 10 pt Formatted:Default Paragraph Font Town o/1 ibti (rnil W/re/ccc oI1717]71nic(//yi l-(Icillries Srandarde Remised Fi-?-21d-gig _°Dl<v' 4 ,C_)._1 h_..-1S 10-5501=i977_y_h S.h.oUl.ct_a_l� t1t,ilit% comtru_ty offer electricalservice that does not require the Use of a,meter cabilict. the permittee shall it Its tole cost nd_expense remove.the cabinet and.any related _ ..I...._ ....... _ foundation within A day°s of such service beirara ofTered and reasonably restore the area to its --- -- prior COn<h110i.- Formatted:Font: 14 pt Formatted Font:(Default)Times New Romp �-1lle 4ermittee shall mgclik remove or.relocate its facility, or,portlon thereof. without cost ol" 12 pt _... - ---- ..__. .............. _— _c�hen�Z t0 f Ovy'Il. it and when made IIeCCSs� Formatted.Justified,Indent:Left. 0",Space After: 0 pt,Add space between paragraphs o' t gAM ttUbllc imorm eillent project, including bUt riot limited to the COUStruC.tlon' : the same style,Line spacing: single,No Ilia Iritenance Or operation Of any'Unde101.OUnd or aboveground facilities 111Cltidinww, widow/orphan control,Tab stops: 0",Left+ 0.5",Left+ 2",Left+ 2.5",Left+ 3",Left i but not limned to sewers.storm drains.CondUltS.oaS water,electric or Other. i 3.5",Left+ 4",Left+ 4.5",Left+ 5 Left ......... _..__ ___ . . .. .................._..__.._..._�.._...._ ._._._ ........_ ulillt� systems_or pipes_owned,_by Town oi-anti other public a<2encv: SS',Left i 6",Left b AlaA ahcanclo mctlt_Of,ativ,Stteet sidewalk.of other ouh.hc facility.; Formatted Font.(Default)Times New Romc Any ch ul<ac of urade alir7nment of width of an �_stieet_sidewalk or other..)Ublic 14 pt e _................_— _ _. _ _ L_ ! Formatted:Font:(Default)Times New Rom< laclllt\: of- 12 pt .. ... .. ........._ .. ............... ............... ........ _.... d. .A determination by the Town Engineer that the wireless teleCOnlmLllteatiolls ; Formatted Underline facility has h)Come inco111patible with public health.Safety Or welfare Or the ' Formatted:Font:(Default)Times New Romz public's Lisc_ofthc publicrighttof-way. lzpt Formatted:Indent:Left 1", No bullets or Ally modification,,removal...cel relocation of the facility._shall.he court-leted_ytithin 90 days of numbering V�1.11tc.11.llotlfle ati011 by I OW1 Unless eViaencles dictate a shorter period_.for removal 01 relocation. bullets or numbering, ab Formatted: No in T ........... . .. .... ... ..... stops: 0",Left Modi_fi_cation._oi.I-cl_o_cat_iot].,a.�t.f the__faci.lity shall re Lire submittall.review_and approval a.permit amendment pursuant to the 1 iburon 'Municipal Code.The,permittee shall be entitled oto. -- pclm�ttees clection tg c.>the_a_pro:rata refund offees paid for the original permit or to_Tnew permit. Without additional ice, at a location as close to the original location as the standards set forth in the"l ibur0n MLill icipal Code allow. In the event the facility is not modified removed, or relocated within said period of time.the"Town nlav cause the same to be done at the sole cost Mid expense of pernlllttee 1-miller.clUe to CX1�Cllt CICClamstances as provided by laW,the TOAi'n Formatted Font:(Default)Times New Romi nlay nlodlfv temovc or relocate wireless telecomm.unications._facilities,Without,pri0r noticeto 12 pt f umltue plovlded petm_i_m ,,...is_.notified with_in__a.reasonahle.Deriod_thereafter., s Formatted:Font: 14 pt Formatted:zzmpTraileratem ................................................_...................._._.................... Formatted:Line spacing: Exactly 10 pt Formatted:Default Paragraph Font Town o/Tihm om I Pircless I""'mirmvcanon PaeiCGlies Standards Rev?.sed 4 l U:\1 --ISj0-801- 9--ch RESOLUTION NO. XX-2018 (DRAFT) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING UPDATES TO THE TOWN'S WIRELESS COMMUNICATION FACILITIES (WCF) STANDARDS WHEREAS, on January 2, 1997, the Tiburon Town Council adopted Resolution No. 3204. which established Interim Standards for Wireless Communication Facilities (WCF's): and WHEREAS, on July 2, 1997, said Interim Standards were modified by adoption of Resolution No. 3231 of the Town Council; and WHEREAS, on December 2, 2005, the Town Council adopted Resolution No. 55- 2005, which adopted a comprehensive update of the Town of Tiburon Wireless Communication Facilities (WCF) Standards, superseding the previously adopted hlterim Standards; and WHEREAS, June 2, 2010, the Town Council adopted Resolution No. 29-2010, which adopted updates to the Town of Tiburon Wireless Communication Facilities (WCF) Standards in response to new state and/or federal regulations that requires revisions to the Town's Zoning Ordinance provisions regulating WCFs; and WHEREAS, the Federal Communications Commission recently adopted new rules regarding"small cells", as set forth in WT Docket No. 17-79 and WC Docket No. 17-84, for the stated purpose of accelerating deployment of 5G wireless networks throughout the United States; and WHEREAS, the Town of Tiburon has prepared an update of its Wireless Communication Facilities Standards document in response to these new FCC rules and to changes in state regulations; and WHEREAS, the Town Council finds that the adoption of the WCF Standards update is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED, that the Town Council does hereby adopt the updated Wireless Communication Facilities (WCF) Standards, attached hereto as Exhibit "A", with said Standards to become effective immediately. BE IT FURTHER RESOLVED that the Town Council does hereby declare all previously-adopted Town of Tiburon WCF Standards to be superseded by Exhibit "A". EXHIBIT 2 Tiburon Torun Council Resolulion No. XX-2018 DRAFT November 7, 2018 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 7, 2018, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Tih iron Toivn Council Resolution No. XX-2018 DRAFT November 7, 2018 2