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HomeMy WebLinkAboutTC Ord 2015-06-03ORDINANCE NO. 558 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING WIRELESS COMMUNICATIONS FACILITIES SECTION 1. FINDINGS. A. On April 22, 2015, the Planning Commission adopted Resolution No. 2015-03 recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on May 20, 2015 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 the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare and to comply with federal law. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations to Land Use Limitations) of the CEQA Guidelines, as well as being a ministerial action taken to comply with federal law. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Title TV, Chapter 16, Section 16-42.040 is amended to read as follows: 16-42.040 - Permit requirements for wireless communication facilities. A. Wireless Communication Facilities Governed by Section 6409(a) 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 Tax 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 filing of the application, unless tolled pursuant to the Tax Act. The decision of the Town of Tiburon Ordinance No. 558 N. S. Effective 07/03/2015 Page I 1 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 readily 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 or structures do not constitute a substantial change in the project or new information as outlined in Public Resources Code Section 21166. 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 facilities that do not fall under subsections A or B must go through the following process. 1. 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 Town of Tiburon Ordinance No. 558 N. S. Effective 07/03/2015 Page 12 general circulation within the Town of Tiburon, and to the presidents or their designees for receipt of notices of each of the affected homeowners 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 filing 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 Tiburon Wireless Communication Facilities 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 review approval in compliance with section 16-52.020 (site plan and architectural 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 concurrently. 3. Exceptions. The review authority may grant an exception to any requirement of division 16-42 or any mandatory standard contained within the Wireless Communication Facilities 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 Town of Tiburon Ordinance No. 558 N. S. Effective 07/03/2015 Page 1 3 feasible alternatives; and (3) either state or federal law requires the town to issue the exception or the exception will serve the public interest despite the conflict with the mandatory standards. 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 mandatory 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 findings 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 reviews/renewals. (B) Title IV, Chapter 16, Section 16-42.080 is amended to read as follows: 16-42.080 - Nonconforming facilities. A. Any 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 provisions of division 16-42. Notification of nonmaterial modifications shall be provided within thirty (30) days to the review authority by the director. B. Exception. Facilities Governed by Section 6409(a) of the Middle Class Tax Relief and Jobs 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. Town of Tiburon Ordinance No. 558 N. 5. Effective 07/03/2015 Page 14 (C) Title IV, Chapter 16, Section 16-21.030 (Table 2-1) is amended to read as shown in attached Exhibit "A". (D) Title IV, Chapter 16, Section 16-50.020 (Table 5-1) is amended to read as shown on attached Exhibit "B". 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 anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on May 20, 2015, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on June 3, 2015, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: O'Donnell -X-/°i FRANK X. DOYL 4 MAYOR Town of Tiburon Town of Tiburon Ordinance No. 558 N. S. Effective 07/03/2015 Page / 5 ATTEST: DIANE CRANE IAC6PI, TOWN CLERK Attachments: Exhibit "A", Revised Table 2-1 Exhibit "B", Revised Table 5-1 Town of Tiburon Ordinance No. 558 N. S. Effective 07/03/2015 Page / 6