Loading...
HomeMy WebLinkAboutTC Ord 2002-06-19 ORDINANCE NO. 469 N. S. AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING STREAMLINED PERMIT REVIEW PROCEDURES FOR AN EMERGENCY RADIO ANTENNA COMMUNICATIONS FACILITY AT 145 SUGARLOAF DRIVE The Town Council of the Town ofTiburon does ordain as follows: SECTION I. PURPOSE The Town of Tiburon is proposing to lease a portion of the existing Marin Municipal Water District tank property located at 145 SugarloafDrive (Marin County Assessor Parcel No. 58-351-31) for the purpose of installing and operating an emergency radio antenna facility that would be part of the Countywide emergency radio network. The project is known as the Sugarloaf Emergency Radio Antenna Facility. Under provisions of the Tiburon Zoning Ordinance, this project would require a conditional use permit review and approval by the Tiburon Planning Commission and site plan and architectural review approval by the Tiburon Design Review Board. The Tiburon Town Council is adopting this urgency ordinance for the purpose of establishing streamlined permit review and approval procedures for this major public investment, and providing for direct Town Council review and approval of the project, This ordinance exempts the Sugarloaf Emergency Radio Antenna Facility from provisions of the Tiburon Zoning Ordinance while establishing review procedures for the project, SECTION 2. FINDINGS. A. This is an urgency ordinance passed for the immediate preservation of public peace, health and safety. The Council finds this ordinance must be adopted and take effect immediately, for the reasons set forth in this section. B. The Town of Tiburon, the County of Marin and other jurisdictions provide fire and police protection to County residents. The agencies providing these services rely on a dispatch service that is operating out-dated, inefficient radio systems that suffer from interference, congestion, and lack of interoperability. The radio system should be replaced as soon as possible because the risk of missing or blocked radio traffic, or poor interagency coordination and communication puts the public and the police. tire and paramedics at risk. Town of Tiburon Urgency Ordinunce - No. 469 NS. Adopted 6//9/02 1 C. The Town ofTiburon, the County, and other governmental agencies in Marin County have joined together to form the Marin Emergency Radio Authority C"MERA") for the purpose of constructing a new radio system. The MERA system will provide for increased flexibility and additional "avenues" of communications by using advanced technologies. The "talk group" plan creates common channels of communications for all users, and provides for an "emergency" channel that allows any user of the radio system to be able to reach a public safety dispatcher for an emergency. D. To ensure the safety of public safety personnel and Marin County residents, including residents of the Town, the MERA system should be constructed as soon as possible. The MERA system may require an antenna in the Town of Tiburon. MERA has proposed locating the facility at 99 Y, Mt. Tiburon Road, which is immediately adjacent to residences and to a popular public hiking trail. This proximity creates unacceptable and unnecessary impacts. Because of the aesthetic and other impacts of this site, the Town wishes to consider another site with lesser impacts. In addition, MERA has threatened to develop the Mt. Tiburon site without first seeking the Town permits required by law. The impacts of the antenna at the Mt. Tiburon site combined with MERA's apparent readiness to proceed in a manner contrary to law creates a high risk of litigation that would delay installation of the MERA system and waste a considerable amount of public funds - both the Town's and MERA's -- in needless litigation. E. To accommodate the need for the MERA system and avoid the above described impacts, delay and waste, the Town is prepared to consider the Sugarloaf site as a preferred site for the necessary antenna. Under the Town.s normally applicable land use regulations, construction of this project would require approvals by both the Town's Planning Commission and Design Review Board, at separate hearings. Either or both approvals would be subject to appeal to the Town Council. To avoid unnecessary delays, the Town Council wishes to streamline the approval process, effective immediately upon adoption of this ordinance. F. The adoption of this Ordinance does not constitute a "project" subject to provisions ofthe California Environmental Quality Act. SECTION 3. EXEMPTION FROM ZONING ORDINANCE The SugarloafEmergency Radio Antenna Facility shall be exempt from all provisions of the Tiburon Zoning Ordinance, Tiburon Municipal Code Chapter I 6. Town ofTiburon Urgency Ordinance - No. ~69 NS. Adopted 6/19/02 2 - SECTION 4. EXEMPTION FROM INTERIM STANDARDS & CRITERIA FOR THE REGULATION OF WIRELESS COMMUNICATION FACILITIES. The Sugarloaf Emergency Radio Antenna Facility shall be exempt from the Town's Interim Standards and Criteria for the Regulation of Wireless Communication Facilities set forth in Town Council Resolutions 3204 and 3231. SECTION 5. REVIEW PROCEDURES ESTABLISHED Town of Tiburon permit applications for the Sugarloaf Emergency Radio Antenna Facility shall be reviewed pursuant to the following procedures: (A) The Town Council shall hold one or more public meetings to review and take action on any and all discretionary applications for the facility. The Town Council shall consider the consistency of any such applications with the general intent of the Town's Interim Standards & Criteria for the Regulation of Wireless Communications Facilities. (B) At any time during the process, the Town Council may in its sole discretion refer the project to the Planning Commission and/or the Design Review Board for that body's input or analysis. Comments from any such referrals shall be advisory and not binding on the Council. (C) Prior to any work on the site, the Town's Building Official shall issue grading and/or building permits for the project as necessary. Such permits are ministerial in nature and shall be issued as promptly as possible. (D) The project shall be exempt from all Town of Tiburon fees. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council ofthe 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 ofTiburon Urgency Ordinance - No. ~69 N.5. Adopted 6//9/02 3 SECTION 7. EFFECTIVE DATE Pursuant to the authority of Government Code Section 65858, this Ordinance is adopted as an urgency ordinance and shall be effective immediately upon adoption, and before the expiration of fifteen (I5) days after its passage 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 in the Town ofTiburon. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19,2002, by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNClLMEMBERS: \ TOM GRAM. MAYOR TOWN OF TIBURON 7~A . .. 2-c q;<< DIANE CRANE IACOPI, TOWN CLERK H:dcrane/reso/MERA urgency ord.doc Town ofTiburon Urgency Ordinance - No. 469 N.s. Adopted 6//9/02 4