Loading...
HomeMy WebLinkAboutTC Res 1997-01-02 " I ,,-.. ~ RESOLUTION NO. 3204 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING INTERIM STANDARDS AND CRITERIA FOR THE REGULATION ill: WIRELESS COMMUNICATION FACILITIES WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: Section 1. Findinszs. A. The Town ofTiburon has determined that there is a need to adopt standards for the regulation of Wireless Communication Facilities (WCF's) based upon the demand for such facilities and the lack of specific Town standards or regulations for these unique uses. Said regulations are necessary to promote and protect the public health, safety and general welfare from potentially inappropriate location, installation, and aesthetic impacts associated with WCF's. B. The Town has participated with Marin County and other jurisdictions, as well as WCF service providers, in developing a standardized set of interim regulations to be in effect until such time as permanent regulations may be adopted. It is anticipated that such permanent regulations will be completed within six to eight months. C. On December 11, 1996, the Tiburon Planning Commission held a public meeting and reviewed the interim regulations previously adopted by the Marin County Board of Supervisors, and has recommended to the Town Council adoption of the interim standards ~ with minor modifications. D. The Town Council reviewed the interim standards on January 2, 1997 at a public meeting. 11/ III III Tlburon Town Council 1 Resolution No. 3204 JANUARY 2,1997 ,.-.., Section 2. Approval. I NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt interim regulations for Wireless Communication Facilities, said regulations being attached as Exhibit "A" and to remain in effect until such time as permanent regulations are adopted. PASSED AND ADOPTED at a regular adjourned meeting of the Town Council on January 2, 1997, by the following vote: AYES: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Thompson, Wolf NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None r- CMA1M-'11J_ THERESE M. HENNESSY, MA R - DIANE L. RANE, TOWN CLERK ;k Tiburon Town Council Resolution No. 3204 JANUARY 2, 1997 1 2 , ro, EXHIBrr "A" TOWN OF TlBURON INTERIM STANDARDS AND CRITERIA FOR WIRELESS COMMUNICATIONS FAClUTI The Town of Tiburon recognizes the public benefits that will accrue fro the orderly development of wireless communications facilities which ensures open ess to a broad range of competitive services for businesses, citizens, and public agencies. Town further recognizes the need to balance the convenience related to telecommuni ations services with the public interest regarding the siting, design, and operation of wireles communications facilities. Therefore, the following Interim Standards and Criteria have been prepared to provide clear guidelines for the efficient and effective processing of p . t applications for new or expanded wireless communications facilities while the Town is eparing permanent standards. Permit applications for wireless communications projects . be reviewed for conformance with these Interim Standards and Criteria in addition to 0 er applicable Town land use regulations. ~ Material Accompanying Application - General Requirements 1 Development applications for wireless communications facilities shall be accompanied by the materials listed below in addition to other information specified herein and required for submittal with Conditional Use Permit applications as set forth int he Tiburon Zoning Ordinance. The Planning Director may waive the requirement for submittal of any information described herein when determined that it is inapplicable based on project- specific factors. ~ A. An updated network fiIcilitjes plan for the entire Tiburon Planning Area including the information listed below pertaining to the provision of service over the duration of the network plan and foreseeable future: 1. 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 describe the location, r- TOWN OF T1BURONINTERIM STANDARDS AND CRllERIA FOR WIRELESS FACIUTIES ADOPTED 1/2/97 1 r- type and number of antennae and base transceiver stations at each facilities site. Provider plans shall indicate the number of subscribers that can be served and indicate plans for expanding capacity. 3. A 500-scale map of the Tiburon Planning Area depicting the geographic location and boundaries of all coverage areas (search rings) planned by the carrier and 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 referred to in Item IA(2) above). 4. A 500-scale map showing areas not covered by the proposed facilities (for ease in seeing where service will not be provided). 5. A 500-scale map showing where facilities are expected to be needed to service new subscribers when the initial system is fully subscribed. B. A separate coverage area map for the proposed filcility site, including the information described in Section IA(2) above as it pertains to the coverage area . within which the proposed facility is sited. Topographic maps published by the United States Geological Survey should be used to prepare base information for the service area maps. ~ The network and coverage area maps may be combined into a single map so 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 Department prior to submittal of permit applications for guidance regarding an acceptable format for the map information. , C. If determined appropriate by the Planning Director, payment for all costs associated with peer review study of any technical information submitted by the carrier, or the independent preparation of such information by the Town or its consultants. Peer review may be required to evaluate the feasibility of alternative facility designs and locations, or to verify the predicted or actual measurements of electromagnetic radiation for compliance with current standards adopted by the Federal Communications Commission. Costs shall include the contract price of a third party consultant, as approved by the Town, and the Town's overhead costs for staff time expended on administration of the consultant contract. D. Technical information, including but not limited to electromagnetic frequency radiation reports, visual analysis, alternative sites analysis, landscape plans, r- TOWN OF TIBURON INTERIM STANDARDS AND CRITERIA FOR WIRELESS FACILITIES ADOPTED 1/2/97 2 r- lighting plans, and architectural and engineering plans shall be prepared by an appropriate qualified professional acceptable to the Planning Director. E. A copy of any land use easement or restriction (agricultural, open space, scenic resources, etc.) which encumbers the proposed facility site. Standard Agreements II. Applicants for wireless communications filcilities shall be required to enter into a standard Performance Agreement with the Town which includes the following stipulations: A. The carrier (and successor in interest) shall properly maintain and ultimately remove, if required, the approved wireless communications facilities in compliance with the provisions of these Interim Standards and Criteria and any conditions of permit approval. The carrier shall post a financial security, such as a letter of credit, which is acceptable to the Town to ensure that the approved filcility is properly maintained and to guarantee that the facility is dismantled and removed from the premises ifit has been inoperative or abandoned for a two year . period, or upon expiration of the permit applications. r- Posting of a financial security may also be required as a condition of approval to pay the cost for preparation of electromagnetic frequency radiation reports evaluating the conformance of approved and operative facilities with applicable health standards adopted by the Federal Communications Commission. The carrier may post a single financial security in an amount determined appropriate by the Town to satisfy electromagnetic frequency radiation reports for buildout of the carrier's network facilities plan. B. The carrier shall defend, indemnify, and hold harmless the Town and any of its boards, commissions, agents, officers, and employees to attack, set aside, void, or annul the approval of permit applications when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The Town shall promptly notify the carrier of any such claim, action or proceeding. The Town shall retain the right to participate in any claim, action, or proceeding if the Town bear's its own attorney's fees and costs, and the Town defends the action in good faith. ~ r- TOWN OF T1BURONlNTERIM STANDARDS AND CRITERIA FOR WIRELESS FACILITIES ADOPTED 1/2/97 3 r- Permit Duration ill. Permit applications for wireless communications facilities shall be valid for a period of one (1) year from the date of final discretionary approval and may be renewed prior to expiration. Subsequent action by the Town to approve, approve with modifications, or disapprove applications for renewal shall be based upon the permanent policies, standards, and requirements adopted by the Town (pending), and other applicable Town regulations in effect at the time of application renewal. Applications for renewal shall be submitted to the Planning Department no later than thirty (30) days prior to expiration of the initial one-year permit approval. The initial one-year approval period may be extended by the Town if applications for renewal have been properly filed and are pending. The initial one-year approval period may also be extended for up to nine additional years if the Town determines that the project is in complete compliance with adopted standards and regulations, and that new or modified conditions of permit approval are not required. In addition, a permit application may not be renewed if the facility is not upgraded to minimize its impacts, including land use compatibility, visual resources, public safety or other factors addressed by CEQA, to the greatest extent permitted by technology which exists at the time of renewal. r- Location of Wireless Communications Facilities - General Standards IV. All personal wireless facilities shall be sited to avoid or minimize land use conflicts by meeting the following standards. A Location preference for wireless communications facilities should be given to publicly used structures, co-Iocation and shared-location sites, and industrial or commercial sites. Agricultural and open space areas may be preferred sites when ~ the site design of the proposed facility can avoid or minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by CEQA Applications for new wireless communications facilities should avoid sites located within or near residential areas, hospitals, child day care centers, or schools unless the applications include information sufficient to demonstrate: the location and type of preferred sites which exist within the proposed or technically feasible coverage area; that good faith efforts and measures were taken by the carrier to secure the preferred location sites; specific reasons why such efforts and measures were unsuccessful; and specific reasons why the location of the proposed facility site is essential to meet the service demands of the carrier. The information required by this standard may be incorporated into the information required by Section V(A) r- TOWN OF T1BURON INTERIM STANDARDS AND CRITERIA FOR WIRELESS FACH..lTIES ADOPTED 1/2/97 4 r- below. B. Wrreless communications facilities shall be attached or sited adjacent to existing structures unless the carrier demonstrates to the satisfaction of the Town that no other technically feasible site exists or that construction of a freestanding facility on or at a distant location from an existing structure will minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by CEQA Appropriate types of existing structures may include, but not be limited to: buildings, water tanks, telephone and utility poles, signage and sign standards, traffic signals, light standards, and roadway overpasses. C. Monopoles for wireless communications facilities should not be located in residential, agricultural, or designated open space and conservation areas unless technical evidence demonstrates to the satisfaction of the Town that no other alternative facility site or type of antenna support structure is feasible and/or if the use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimizes adverse effects' related to land use compatibility, visual resources, and public safety. Where monopoles are shown to be necessary, the facility must be physically capable of and legally available to sharing by different providers. r- Co-location and Shared-location of Wireless Communications Facilities V. "Co-location" means a telecommunications facility comprised of a single structure used to support multiple antenna operated by different carriers. "Shared-location" means more than one telecommunications facility comprised of multiple structures used to, support ~ antenna operated by one or more carriers where such structures are located within proximity to each other. Co-Iocation and shared-location of wireless communications facilities should be required when it is feasible and minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by CEQA Co- location and shared-location sites should be not be required when it creates or significantly increases such adverse effects and/or technical evidence demonstrates to the satisfaction of the Town that it is not feasible due to service impairment or operational failures. The following standards should be met to ensure the proper implementation of co-location and shared-location siting: r- TOWN OF TIBURON INTERIM STANDARDS AND CRITERIA FOR WIRELESS FACILITIES ADOPTED 1/2/97 5 ~ A To ensure adequate and complete consideration of co-location and shared- location siting of proposed wireless communications facilities, the carrier may be required to submit to the Town a graphic and written analysis which identifies all technically feasible sites within the coverage area that would accommodate the proposed service. 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 other environmental factors addressed by CEQA The analysis shall also include in writing the specific factors for selection of the proposed facility site over alternative sites. Facilities which are not proposed to be sited on a co-Iocation or shared-location site shall provide information substantiating the infeasibility of such sites. The Town may require independent peer review of the analysis prior to making a decision on the permit applications. The anaIysis should, to the extent practical, be incorporated with the coverage area map required by Section m above. B. The Town should to the extent practicable and legal discourage leases which convey exclusive (i.e., single user) rights for new wireless communications ' fiIcilities to the extent that such leases may preclude development of a suitable co- location facilities site. r- C. The design of co-location sites should promote shared use among different carriers. To the extent feasible, antenna support and equipment structures should be designed to consolidate future planned facilities to eliminate or minimize the visual clutter resulting from multiple telecommunications structures. Where appropriate, as demonstrated by the carrier and determined by the Town, multiple antenna support structures may be approved (shared location) rather than a single largerlhigher structure. ~ D. Facilities should make available unuti1ized space for co-location of other antennas and equipment, including space for competing service carriers. Electromagnetic Frequency Radiation VI. Wireless communications facilities operating alone and in conjunction with other telecommunications facilities shall not generate electromagnetic frequency (EMF) radiation in excess of the standards for permissible human exposure to EMF as adopted by the Federal Communications Commission (FCC). r- TOWN OF TIBURONINTERIM STANDARDS AND CRITERIAFOR WIRELESS FACILITIES ADOPTED 1/2/91 6 ~ VII. Applications for wireless communications facilities shall include an EMF report which measures the predicted and actual (if available) levels of EMF radiation emitted by the proposed facility operating at by itself and in combination with other existing or approved facilities which can be measured at the proposed facility site. Measurements for EMF shall be based on all proposed, approved, and existing facilities operating at maximum power densities and frequencies. The Town may require one or more (periodic) post- construction EMF reports as a condition of project approval to verifY that actual levels of EMF emitted by the approved facilities, operating alone and in combination with other approved facilities, substantially conform to the pre-approval EMF report and do not exceed current standards for permissible human exposure to EMF as adopted by the FCC. Lighting VIII. Wireless communications facilities should be unlit except for the following: A. Manually operated, low wattage, hooded and downward directed exterior lighting shall be permitted for safety purposes only and shall be kept off except when' maintenance or safety personnel are present at night. ;-. B. Tower lighting required under FAA regulations should, to the greatest extent feasible, be shielded or directed to minimize light and glare impacts on nearby properties and residents. C. Nighttime lighting of warning signs required near publicly accessible facilities must consist of low-wattage fixtures, and must be directed downward and hooded. ~ - IX. Applications for wireless communication facilities shall include a detailed lighting plan including the location and type of all exterior lighting fixtures. Roads and Accessways X. Wireless communications facilities shall be served by the minimum roads and parking areas necessary, as follows: A. Whenever feasible, existing roads and parking areas should be used to access and service new telecommunications facilities. r- TOWN OF TIBURONINTERIM STANDARDS AND CRITERIA FOR WIRELESS FACILITIES ADOPTED 1/2/97 7 ~ B. Any new roads or parking areas constructed should be shared with subsequent telecommunications facilities and/or other permitted uses to the extent feasible. C. New access roads constructed in agricultural or open space areas shall have the minimum width and surfacing necessary to meet fire safety and access requirements. D. The size of new parking areas shall be limited to the minimum necessary to accommodate vehicles associated with periodic maintenance of the facility. E. Access to facilities shall be prohibited to the general public. Vegetation XI. Wireless communications facilities shall be installed in a manner that maintains and enhances existing vegetation. Where appropriate, additional landscaping shall be required to provide visual screening of the proposed facility . Vegetation protection and facility , screening shall be accomplished through the following measures: r"' A Applications for wireless communications facilities shall be accompanied by a landscape plan that shows existing vegetation, indicates any vegetation proposed for removal or trimming, and identifies proposed plantings by type, size, and location. The emphasis of the landscape plan should be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the project area. ~ B. Existing trees and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction. Submission of a Tree Protection Plan may be required to ensure compliance with this requirement. C. All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion. D. No 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 require by the State Food and Agriculture Department, or to prevent ,..... TOWN OF TIBURONINTERIM STANDARDS AND CRlTERIAFOR WIRELESS FACILITIES ADOPTED 1/2/97 8 r- safety hazards to people and property. E. Where appropriate, the carrier shall enter into a landscape performance and maintenance agreement with the Town of Tiburon to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial securities in an amount equal to 150% of estimates to cover the cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for the lifetime of the facility. Noise and Traffic XII. Wireless communications facilities shall be constructed and operated in such a manner as to minimize noise and traffic impacts on nearby residents and the public. Noise and traffic reduction shall be accomplished through the following measures: A. Wireless communications facilities shall operate in compliance with the noise exposure standards contained in the Marin Countywide Plan. In residential areas, . a maximum allowable exterior noise level of 60 dB Ldn at the property line and a maximum interior noise level of 45 dB Ldn must not be exceeded. ~ B. Appropriate hours for servicing (excluding emergency repairs) shall be determined on a case-by-case basis including such factors as location and sensitivity of surrounding uses. C. Backup generators shall comply with the same noise standards referenced above and shall only be operated during power outages, emergency occurrences, or for testing and maintenance in accordance with Item XIIB above. ; D. Traffic resulting from the operation and maintenance of a wireless communications facility must be kept to a minimum. Conditions of project approval shall specify a maximum number of trips on a case-by-case basis based upon the carrier's maintenance and testing schedule. XIII. Applications for wireless communications facilities shall include a copy of a title report or other legal instrument demonstrating legal access to the proposed facilities site. Visual Compatibility and Facility Site Design r TOWN OF T1BURONINTERIM STANDARDS AND CRITERlAFOR WIRELESS FACILITIES ADOPTED 1/2/97 9 r- XIV. Wifeless communications facility structures and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment in order to reduce visual impacts to the maximum extent feasible. Visual compatibility shall be accomplished through the following measures: A. Applications for wireless communications facilities shall include a visual analysis of the proposed facility at design capacity, including but not necessarily limited to a photo montage or photo simulation and/or story poles erected at the proposed site or other similar technique. The visual analysis shall address views from public vantage points and private residences if determined appropriate by the Town. The visual analysis shall also depict cumulative conditions by including information pertaining to existing, approved, and proposed telecommunications facilities that will or may eventually be constructed at the site by all carriers based upon permit applications which have been filed with or approved by the Town. The visual analysis may be expanded to include alternative locations within the proposed service area. B. To the extent feasible, all building-mounted telecommunications facilities shall be sited and designed to appear as an integral part of the structure or otherwise minimize their appearance. ~ C. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If poSSIble, antennas should be located entirely within an existing or newly-created architectural feature so as to be completely screened from view. To the extent feasible, wall-mounted antennas should not be located on the front, or most prominent facade of a structure, and should be located above the pedestrian line- of-sight. 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. Where appropriate, construction of a roof-top 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 should be installed within the existing building envelope or underground. If this is not feasible, the equipment shall be 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 built environments. Equipment buildings ~ TOWN OF T1BURON INTERIM STANDARDS AND CRITERIA FOR WIRELESS FACn.ITIES ADOPTED 1/2/97 10 ,,-.. should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting. F. In certain open space or hillside locations that would be generally viewed from a distance, it may be appropriate to design facilities to resemble a natural feature such as a tree or rock outcrop. Other innovative design solutions may be appropriate where the screening potential of a site is low (i.e. disguise facility as a landscape element, public art, etc.) G. Facilities should not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure, and should not interfere with prominent vistas or significant public view corridors. H. Facilities should be sited to avoid adverse impacts to existing views from surrounding residences. I. No advertising signage or identifying logos shall be displayed on any personal wireless communications facility, except for small identification plates used for emergency notification. r- J. To avoid or minimize the appearance of visual clutter on rooftops, proposed facilities should, to the extent feasible, be located adjacent to existing rooftop antennas or equipment, incorporated into rooftop. antenna or equipment enclosures, or otherwise screened from view. In addition, existing rooftop antenna and equipment should be consolidated where practical and removed if abandoned. . K. Carriers must demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the proposed site. L. Antennas and associated structures and equipment shall be painted to blend with the structures, vegetation, sky, or landscape against which they will be primarily viewed. _\wcffmal.doc " TOWN OF T1BURONINTERIM STANDARDS AND CRITERIA FOR WIRELESS FACn.ITIES ADOPTED 1/2/97 11