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Home My WebLink AboutTC Res 1993-05-05 (2) , r" \ 93-055061 : I I I I I I I I SH 4 Check .00 Recorded Official Recorda County of KARIN JAKES DAL BON Recorder 1:15pm 12-Jul-93 RElXlRDING REQUESTED, RElURN TO: Town CIeri;:, Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 RESOLUTION NO. 2921 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING AN APPEAL AND MODIFYING A DECISION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO INSTALL ANTENNAS FOR A HAM RADIO STATION AT 42 MEADOWHILL DRIVE (BURNHAM) WHEREAS, the Town of Tiburon received an application from Mr, AI Burnham (File #19203) requesting a Conditional Use Permit to install an antenna for use in conjunction with his federally licensed ham radio station at 42 MeadowhilI Drive; and WHEREAS, the Planning Commission held duly-noticed public hearings on May , ~l ,.IIJ '- - the entire record on appeal, the Council voted 4-0 (Friedman, Nygren, Thayer and Thompson-yes; Kuhn-abstained due to conflict of interest) to grant the appeal and modify the decision of the Planning Commission, , NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon that: .. 1. The appeal filed by the Dresows is granted and the decision of the Planning Commission granting a conditional use permit is modified as set forth below, fact: 2. The decision of the Council is based on the following findings of law and a, The project is categorically exempt from CEQA based on Section 15303 of the CEQA Guidelines, b. The project as modified and conditioned is consistent with the Town's General Plan and Zoning Ordinance. c. The Town Council is aware of and considered FCC Order PRB-l and caselaw interpreting that order, The Council finds that PRB-l presents only a limited preemption of the Town's zoning authority and that the conditions set forth below represent the minimum practicable to achieve the Town's interests in aesthetics and view impacts, d, The project as approved will allow the applicant reasonable amateur radio communications as required by PRB-1. e. The project as approved will be visible from the Meadowhill and Tara Hill/Tara View neighborhoods but will not have a significant impact on the views from inside any homes in either neighborhood. Other antenna locations, including that approved by the Planning Commission did have significant impacts on views because of the height and placement of the antenna, 3, A use permit authorizing the installation of three antennas for use in the operation of a ham radio station is hereby granted subject to the following conditions: a, This Conditional Use Permit authorizes the installation of the following antennas at 42 Meadowhill Drive: a tri-band beam Cushcraft A3S antenna at a height not to exceed 23 feet and with horizontal elements not to exceed 28 feet in length; a single-element vertical or "whip" antenna at a height not to exceed 21 1/2 feet; and single-element vertical or "whip" VHF antenna not to exceed 45 inches in height, The locations of the three antennas on the property shall be those shown on Exhibit 1 attached to this resolution and incorporated herein, 2 -~.... ~I -~ , ~ ~ \.... '. . b, Permittee shall have planted a tree along the street frontage of his property between the driveway and the stairway, This tree shall be for the purpose of screening the antennas from Meadowhill Dirve to the; ~xtent feasi.ble. The exact species and location of this tree shall be approved by the Planning Director and shall be installed as soon as possible, The tree shall be maintained at a height which shall not cause unreasonable view obstructions from any residence, . c. All three antennas (including vertical, horizontal elements and support elements) shall be painted to a permanent gray color (Derusto G-33, Gray), which shall be maintained in good condition at all times. d. The antennas authorized by this Conditional Use Permit are solely' for the use and benefit of amateur radio station W4RIM located at 42 Meadowhill Drive. This use permit shall not be transferable to another station, operator or location in Tiburon without prior approval by the Town, e, Permittee agrees to remove all three antennas at his .expense at ~uch time as he moves from the residence or in the event his federal license is surrendered. f, The antennas shall be maintained in an undamaged condition, If any of them is visibly damaged, permittee shall repair or replace the antenna to a condition consistent with this permit. g, Any significant movement, expansion, or modification of the antenna shall require an amendment to this permit. h, This permit shall be subject to review by the Planning Commission three (3) years following approval. Review of the permit shall be to ensure continued reasonable operation of the system, continued compatibility with the surrounding neighborhood, and r~view for technological advances which would reasonably reduce neighborhood impacts, The permit may be modified or revoked only for just cause as set forth in Section 4,04,17 of the Tiburon Zoning Ordinance, - i. This Conditional Use Permit shall expire and become null and void one year from approval unless vested by commencement of the approved use, unless a time extension is granted. j, Permittee shall comply at all times with FCC regulations concerning operation of this use. 3 """ -, i ; I I i . , ~r ~ ~ , .., PASSED AND ADOPTED at a regular meeting of the Town- Council of the Town of Tiburon on May 5, 1993, by the following vote, AYES: Friedman, ,Nygren, Thayer, Thompson NOES: None ABSTAIN: Kuhn ATfEST: ~AA~ W'~~U4~ ERESE M, HENNESSY, TOW CLERK ~.' MICHAEL Town of Tibfl 4 \ ., " ... "' ~ ..,.