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Home My WebLink AboutTC Ord 2015-09-02ORDINANCE NO. 561 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING THE INTERPRETATION OF ZONE BOUNDARIES, CLARIFYING PROVISIONS RELATED TO THE SEPARATION OF FENCES AND FENCE HEIGHTS, AND AMENDING SECTIONS RELATED TO WIRELESS COMMUNICATION FACILITIES SECTION 1. FINDINGS. A. On July 8, 2015, the Planning Commission adopted Resolution No. 2015-07 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 August 19, 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 Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that the text amendment will not result in a significant adverse effect on the environment. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Title IV, Chapter 16, Section 16-14.020.0 of the Tiburon Municipal Code is amended to read as follows: C. Interpretation of Zone Boundaries. 1. At all points on the Zoning Map where a zone is defined as being bounded by or running to a public street (other than a state highway), it shall be construed as being bounded by and running to the center of such street. In like manner, the Town of Tiburon Ordinance No. 561 N. S. Effective 10/02/2015 Page f 1 Zoning Map shall in all cases be construed as bounding each zone by the centerline of each street (other than a state highway) upon which it shall abut, notwithstanding the fact that the demarcation of such zone shall be shown on the map as the sideline of such street. It is declared to be the intent and purpose of this division to bound all zones by the centerline of the streets upon which they abut, whether or not conveyances of abutting lands shall have gone to the centerlines of such streets as provided in Section 1112 of the Civil Code. However, in instances where an abutting parcel or area not located within the town is located on the opposite side of any street located in the town, the town zoning shall extend the entire width of the street and not terminate at the centerline of the street. For any state highway or state highway segment located in the town, the entire right-of- way of said highway or highway segment in the town shall be conclusively construed as being zoned Public/Quasi-Public (P), regardless of abutting zoning or jurisdictional lines. 2. If uncertainty exists in any boundary indicated on the Zoning Map or the Planned Development Map, the Director shall determine the location of such boundary pursuant to provisions of subsection 16-12.020 (Authority for Interpretation). 3. Zone boundaries shall extend vertically upward and downward from the ground surface. 4. If there is uncertainty about the location of any zone boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty: a. Where zone boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the zone boundaries; b. If a zone boundary divides a lot and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map; c. Where a public street or alley, excluding a state highway, is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of the centerline of the vacated or abandoned street or alley; and d. Any property not clearly designated on the Zoning Map in any of the zones established by Article II (Zones and Allowable Land Uses) shall hereby be designated as being in the RPD (Residential Planned Development) zone (subsection 16-21.020.F.1 [RPD (Residential Planned Development) zone]). Town of Tiburon Ordinance No. 561 N. 5. Effective 10/02/2015 Page f 2 (B) Title IV, Chapter 16, Section 16-30.040B.4. of the Tiburon Municipal Code is amended to read as follows: If two or more fences and/or walls are constructed on the same property with a separation of three feet or less between the faces of the structures, the height of the respective structures shall be combined to determine the total wall or fence height. If the fences and/or walls are separated by a horizontal distance greater than three feet, the heights of the fences and/or walls shall be calculated separately and shall not be combined to determine total height. (C) Title IV, Chapter 16, Section 16-42.040.A of the Tiburon Municipal Code is amended to read as follows: 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. A final 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 director may be appealed within five (5) calendar days to the Planning Commission, whose decision shall be fmal. If any additional permit is necessary before construction can begin, the relevant review and decision may be concurrent with the process and time line under this subsection, including any building permit application compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety. (D) Title IV, Chapter 16, Section 16-42.040.B of the Tiburon Municipal Code is amended to read as follows: 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; Town of Tiburon Ordinance No. 561 N. S. Effective 10/02/2015 Page J 3 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. Appeals of site plan and architectural review applications shall be in accordance with procedures set forth in section 16-66 (Appeals). (E) Title IV, Chapter 16, Section 16-42.040.C.2.(c) of the Tiburon Municipal Code is amended to read as follows: (c) Applications processed pursuant to this subsection C shall be acted upon within ninety (90) days of filing for proposed co -locations not subject to subsection B and within one hundred fifty (150) days of filing for a proposed new WCF. Conditional use permit and site plan and architectural review applications may be processed concurrently. Appeals of conditional use permit and/or site plan and architectural review applications shall be in accordance with procedures set forth in section 16-66 (Appeals). 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. Town of Tiburon Ordinance No. 561 N. S. Effective 10/02/2015 Page 1 4 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty 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 introduced at a regular meeting of the Town Council of the Town of Tiburon on August 19, 2015, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on September 2, 2015, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: /-\ // / F • X. DOYLEE(4AYOR Town of Tiburon DIANE CRANE IACOPI, TAN CLERK Town of Tiburon Ordinance No. 561 N. S. Effective 10/02/2015 Page f 5