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HomeMy WebLinkAboutTC Agd Pkt 2002-07-31 .flI/ CJJv- .:;:"- TOWN OF TIBURON Special Town Council Meeting Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 7:00 PM - Wednesday, July 31, 2002 ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377, Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting, AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items, If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone eise raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s), TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order, No set times are assigned to items appearing on the Town Council agenda. AGENDA CALL TO ORDER AND ROLL CALL Mayor Gram, Vice Mayor Slavitz, Councilmember Berger. Councilmember Fredericks, Councilmember Thompson ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda, Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda, Please limit vour comments to no more than three (3) minutes, Agenda - Town Council Meeting July 31, 2002 Page 2 of2 PUBLIC HEARING 1. Recommendation by Town Manager, Town Attorney and Director of Community Development - Review and Consider Action on a Project to Install an EmergenCY Radio Communications Facility at 145 Sugarloaf Drive and Making Findings with Respect Thereto' ADJOURNMENT The Council will adjourn to closed session, if necessary, CLOSED SESSION - If necessary Conference with Legal Counsel - Anticipated Litigation (Section 54956.9(c)) , Initiation of Litigation (One Case) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ADJOURNMENT - to August 7, 2002 regular meeting . Copies of this agenda and Staff Report can be obtained at www.tiburon.oro/qovernmentunderthe heading "Town Council Agendas. .. Town of Tiburon STAFF REPORT AGENDA ITEM TO: Mayor and Members of the Town Council FROM: Alex D. Mcintyre, Town Manager Ann R: Danforth, Town Attorney Scott Anderson, Director of Community Development SUBJECT: Proposed Emergency Radio Facility and Addendum to Environmental Impact Report Address: 145 Sugarloaf Drive MEETING DATE: July 31, 2002 Background In 1998, the Town of Tiburon joined the County of Marin and 23 other local government agencies to form the Marin Emergency Radio Authority (MERA). MERA's purpose is to construct and operate a network of wireless communications facilities throughout the County for use by public safety, public works and other emergency personnel. The present emergency communications systems throughout the County are aging and obsolete. There are different emergency communication systems in place throughout the County with little ability to communicate among them. The Police Departments and Fire Departments/Districts are expected to provide top rate service and protection with inadequate tools. The current system has failed on several occasions and is in need of replacement. , A recent New York Times article dramatically illustrates the potential consequences of a failing.communications system. It was reported that, on September 11, 2001, after the collapse of the south tower of the World Trade Center, New York City Police Departmenfofficials ordered their officers out of the still standing north tower. Most of them were able to escape the building. The Police Department had a state of the art radio system. Unfortunately, the New York City Fire Department had an older radio system which failed on September 11 tho At least 121 firefighters died when the north tower fell. According to the Times' analysis, most of them could have gotten to safety had they received timely warning. While we do not expect to see a recurrence of the September 11th tragedy in Marin County, the County is susceptible to a variety of natural hazards, such as fire, flood and earthquake. Countywide, communications systems are failing and this failure creates real concerns even for relatively normal public safety operations. In recent Town of Tiburon STAFF REPORT . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. .. years, there have been at least nine total failures of the County's communication system due to equipment failures, power failure, and telephone line failure. The inability of the police officers to communicate with one another following the recent shooting of a Sausalito police officer highlights the ongoing problems with the existing obsolete systems. In 1998, approximately $27 million in bonds were sold to finance the new state of the art digital system. It will allow essential direct communications among the fire, paramedic, police and public works employees when responding to an emergency. The system is comprised of 17 sites that communicate to a main hub at the Marin Civic Center. The system has been designed for several years and construction is' nearing conclusion on it. Missing however from the system is a site to provide coverage to Southern Marin County (Sausalito, Belvedere, Tamalpais Valley, Strawberry, Tiburon and portions of Mill Valley). The Town agrees with the other members of MERA that completing the emergency radio network is a high priority. Nonetheless, there has been considerable controversy over the location of the specific facility that would provide coverage to large portions of southern Marin County (Southern Marin Emergency Radio Facility). The controversy arises from the fact that the site originally proposed for the Southern Marin Emergency Radio Facility is in a residential neighborhood. Tiburon, like the County and other local governments in the County, disfavors wireless communications towers in residential areas. MERA originally planned to locate the Southern Marin Emergency Radio Facility on a water tank site at 99 Y. Mount Tiburon Road. MERA's EIR for the network included this site in its project description. The Mount Tiburon site is particularly problematic because the tower would be close to a residence (99 Mount Tiburon Road) that would lie within the arc of the radio transmitters, causing unusually high energy emissions on the property (although well within the standards set by the Federal Communications Commission at 21.6% of the General Public Standard). . In addition, the tower would be situated within 15 feet of a public hiking trail. In June 2000, the. Town of Tiburon denied a conditional use permit for a facility at this location on the basis that MERA had failed to adequately explore alternative locations. Town officials and staff have worked with MERA to identify and secure alternate sites for the Southern Marin Emergency Radio Facility, Town officials have met . with representatives of the State and other local governments in an effort to find a non-residential site for the Facility. The Town also retained an independent radio frequency engineer, with expertise in the field of wireless comrnunications. After months of effort, staff has concluded that there is no feasible non-residential site. Page 2 of 20 Town of Tiburon STAFF REPORT Our collective detailed study exhausted a list,of other possible alternatives, including Angel Island, Wolfback Ridge, Gilrnartin Open Space, Old St. Hilary's Open Space Preserve, and Ring Mountain. The Angel Island site was elirninated after the State indicated that it would not approve any radio facilities on the Island. The other sites would not provide adequate radio coverage for southern Marin and also posed significant land use and environmental obstacles. The exclusion of the non-residential sites leaves two water tank sites, both located in residential neighborhoods in Tiburon. On June 19, 2002, the Town Council took a series of actions to evaluate the Sugarloaf site as an alternative location for the Southern Marin Emergency Radio Facility. The Council directed Staff to analyze the impacts of that site and compare those impacts to those of the Mount Tiburon site. The Council adopted an urgency ordinance vesting discretionary permit review authority with the Town Council, and exempting the project from the Tiburon Zoning Ordinance and the Town's Wireless Communications Standards and Criteria. The Council also authorized the Town Manager to negotiate and execute an agreement with (MMWD) that would allow the Town to process permits for the Southern Marin Emergency Radio Facility on the site. MMWD has since authorized the Town to process those permits. The lease would ultimately be assigned to MERA. - Staff believes that completion of the emergency radio network requires development of the Southern Marin Emergency Radio Facility at either the Sugarloaf or Mount Tiburon location. MERA has used its power of eminent domain to condemn the Mount Tiburon site and has further indicated that it is prepared to immediately begin construction at that location, despite its lack of zoning permits issued by the Town of Tiburon. Staff believes that construction could be at least temporarily blocked by legal means. However, successfully preventing construction at the Mount Tiburon site would effectively preclude completion of the entire system, leaving the residents of Marin County. without adequate emergency radio service. While staff believes that the Mount Tiburon site is problematic, the facility is likely to be developed ,there unless we cari offer an alternative, feasible site at Sugarloaf. . The purpose of this analysis is to allow the Town Council to determine whether the Sugarloaf site might be a preferable location for the Southern Marin Emergency Radio Facility in terms of overall impact. If the Council finds this to be the case, then this report should be adopted as an addendum to the EIR. Both sites are highly controversial. Some persons object to the negative aesthetic appearance of the radio facilities, However, most project opponents have focused on the energy emissions that would emanate from the radio transmitters and the Page 3 of 20 Town of Tiburon STAFF REPORT .. . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . .. .. . . . . . potential health impacts of those emissions on humans living nearby. The Federal Communications Commission ("FCC") is the governmental agency charged with regulating wireless communications facilities and has set emissions standards for radio transmitters. The FCC limits human exposure to electromagnetic fields by setting occupational and general public exposure standards. The FCC limit for the general public exposure is five times more restrictive than the occupational limit. The general public exposure limit was used for all calculations contained in this report. . The emissions from the Southern Marin Emergency Radio Facility would be considerably below the FCC standards at either the Sugarloaf or Mount Tiburon location. Nevertheless, many people believe that they cannot rely on the FCC standards because the potential health impacts of the emissions are insufficiently understood at this time. This uncertainty means that, to the extent that a facility might cause any emissions increase on residential property, public peace of mind is likely to be disturbed, with commensurate impacts on property values. From this perspective, the Town Council may reasonably prefer to develop the facility at the site that would expose residential properties to the lowest possible levels of emissions. PROJECT DESCRIPTION The project under consideration is the Southern Marin Emergency Radio Facility. The project site currently being studied by the Town Council for this project is located at 145 Sugarloaf Drive, and is referred to herein as the "Sugarloaf site". The Sugarloaf site is currently developed with a water tank owned by MMWD and is located at the intersection of Sugarloaf Drive and Place Moulin. The site currently contains nine (9) communications antennas attached to the top of the water tank, There is also an equipment shed on the site. Completion of the project at the site would involve the installation of an approximately 13-inch diameter, 48-foot high monopole in the northeastern portion of the site. Attached to this monopole would be two (2) 14 inch high by 45 inch long by seven (7) inch wide panel antennas, a four (4) foot diameter microwave dishand a ten (10) foot tall whip antenna. In addition, a 200 square foot (10' by 20') prefabricated equipment shed, an emergency back-up generator, and a supporting 499 gallon propane tank would be installed on the northwestern portion of the site. Excavation into the natural ridge on the northwest side of the site would be required to accommodate these facilities. A retaining wall, varying in height from five feet to approximately ten feet, would need to be constructed in this area behind the equipment shed, back-up generator and propane tank as viewed from Page 4 of 20 Town of Tiburon STAFF REPORT . . . . . . .. .. . . . . . . . . . . . . .., . . . . . .. . . . . . .. . . . . . . . Place Moulin. Please refer to the project drawings, antenna diagram, and aerial photo(s) attached as Exhibits 1 through 3. The equipment would be for the exclusive use of the MERA and not for commercial purposes. All equipment would be painted green or brown colors to blend with the water tank, trees, and the immediate surroundings. ' There are currently six (6) transmit and three (3) receive antennas on the water tank site that provide radio communications support for a variety of local public safety and public agency uses, including but not limited to the following: . Tiburon Police Department . Tiburon Fire Protection District . Belvedere Police Department . Sausalito Police Department . Sausalito Fire Department . Mill Valley Police Department . Mill Valley Fire Department . 'Golden Gate Bridge Highway and Transportation District. All of these existing antennas (with the exception of the one serving the Golden Gate Bridge District) would be removed from the site when the Southern Marin Emergency Radio Facility becomes operational. ANALYSIS This section analyzes the Southern Marin Emergency Radio Facility project with the Town's applicable General Plan policies and Zoning Ordinance .standards, as well as with the intent of the Town's Interim Standards & Criteria for the Regulation of Wireless Communications Facilities. . General Plan Consistency and Zoning Compliance Policy LU-9 of the Land Use Element of ttie Tiburon General Plan states that public and quasi-public districts, such as the Governmental Facilities designation for the subject property, "may typically allow parks, educational facilities, governmental and quasi-public buildings or facilities; utility facilities and similar facilities owned and operated by public/non-profit agencies." Diagram 3 (Proposed Land Use) of this element also designates the subject property for use as a government facility. The operation of this utility installation to be operated by a public agency (MERA) is therefore consistent with this policy and map. Page 5 of 20 Town of Tiburon STAFF REPORT . ,". . .. .. .. . . .. . . . . . . . . Goal LU-B of the Land Use Element directs the Town "to ensure that all land uses, by type, amount, design, and arrangement, serve to protect and enhance the low- density residential and village character and image of the community." The existing water storage and transmission facility on the subject property is typical of public facilities that are often accepted as necessary uses within residential neighborhoods. The addition of a wireless communications facility at this location would not significantly alter the usage of this site in a manner that would be inconsistent with. the existing character of the surrounding neighborhood, while the use of this public purpose facility serves to protect the same community character. This site is currently used to house the radio communications antennas for several public agencies, including police and fire services for Tiburon, Belvedere, Sausalito and Mill Valley. These wireless communications facilities have been operating on the site for many years. With the exception of the Bridge Districts, all of the remaining existing WCF's would be removed upon installation of the MERA , equipment . As previously noted, Urgency Ordinance No. 469 exempted the subject project from all provisions of the Tiburon Zoning Ordinance. Conformance with Interim Standards and Criteria for Wireless Communication Facilities Under Ordinance 469 N.S., the project must be consistent with the general intent of the Town's Interim Standards & Criteria for the Requlation of Wireless Communications Facilities, hereafter referred to as "Interim Standards and Criteria", and attached as Exhibit 4. These Standards set forth the general principle that impacts from such facilities should be minimized. In the paragraphs below, the Sugarloaf site facility is analyzed within the context of the Standards. Standard Aqreements for WCF's Applicants for wireless communications facilities (WCF's) are required to enter into a standard performance agreement with the Town which stipulates proper mainten~nce of the facility and' posting of a financial security. Since the Town would be the applicant and leaseholder in this case, such an agreement would be superfluous at this time. However, if the Town issues permits for the site, it should includes as conditions that any successor entity to the permits (i.e., MERA) shall maintain the site to industry standards), Page 6 of 20 Town of Tiburon STAFF REPORT .., . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Wireless Communications Facilities - General Standards Section IVA of the Town's Interim Standards and Criteria includes the following: Location preference for wireless communications facilities should be given to publicly used structures, co-location and shared- location sites, and industrial or commercial sites. Applications for new wireless communications facilities should avoid sites located within or near residential areas... 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. When site application is within or near residential areas... an alternate site plan, to achieve similar coverage, avoiding these sites shall be submitted. The proposed facility would be installed on the site of a publicly used structure, owned and operated by the Marin Municipal Water District. Single-family residential neighborhoods surround the site on Sugarloaf Drive, Place Moulin and Mount Tiburon Road. Homes are located on properties directly adjacent to the proposed site. The Town and MERA have previously evaluated a number of other sites for the Southern Marin Emergency Radio Facility. The Tiburon Planning Commission first reviewed the 99)1, Mount Tiburon Road site in 2000. The Commission rejected the application at that time due to its proximity to an adjacent residence and the lack of review of other alternative sites. MERA has spent considerable time attempting to obtain permission to install a facility on. Angel Island; however, the State Department of Parks & Recreation indicated it would not support the use of the' State Park land for such a facility. A site on Wolfback Ridge above Sausalito was rejected by the MERA engineers due to inadequate reception to parts of Sausalito; the Town's independent engineer has confirmed these conclusions. MERA and Town staff similarly evaluated several locations on dedicated open space along the Tiburon Ridgeline but these sites too were found non-feasible due to inadequate radio coverage to portions of Tiburon. Any of the above sites would also face considerable land use and environmental processing obstacles. Page 7 of 20 Town of Tiburon STAFF REPORT Based on the foregoing, all Southern Marin Emergency Radio Facility sites have . been exhausted and therefore, staff concludes that a residential site in Tiburon is the only remaining feasible alternative. Therefore, the project is consistent with the intent of Section IV.A. of the Town's Interim Standards and Criteria. The Interim Standards and Criteria state that WCF's "shall be attached or sited adjacent to existing structures." The proposed facility would be constructed adjacent to an existing water tank. Section IV.B.of the Town's Interirn Standards and Criteria includes the following: Wireless communications facilities shall be attached or sited adjacent to existing structures... Appropriate types of structures may include, but not be limited to: buildings, water tanks... The location ,of the proposed facility adjacent to an existing water tank would be compatible with this requirement. Section IV.C. of the Town's Interim Standards and Criteria includes the following: Monopoles for wireless communications facilities should not be located in residential areas unless technical evidence demonstrates to the satisfaction of the Town that no other alternative facility site or type of antennas 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 in residential areas are showll to be the only feasible means of providing wireless communications services, as mandated under applicable law, the Town may, in its discretion, require that each such structure be designed to accommodate the antennae of other providers to the extent feasible and that the applicant carrier agree to allow other carriers to co-locate their antennae on said structure at the rates set forth in Section V.F. As discussed above, alternative sites for the Southern Marin communications facility have' been studied and rejected. The proposed facility should not produce significant increases in noise around the site. The equipment which will be functioning on a regular basis will be inside an enclosed structure. The generator proposed for the facility would generally only Page 8 of 20 Town of Tiburon STAFF REPORT . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. operate under emergency conditions when all other power sources to the facility are unavailable, The propane-powered generator would be much quieter than older gasoline-powered equipment, and noise would be further reduced by installation of a required sound-insulating enclosure. MERA officials have indicated that the generator would be tested once a week for approximately 15 minutes, usually during mid morning on a weekday, which should result in minimal noise disruption for nearby homes. Functioning MERA generators identical to the proposed generator, located at Forbes Hill and Big Rock Ridge, are fairly quiet during operation according to MERA personnel. The air conditioner for the equipment shed will be a window-type commercial model. It would replace the older model on the existing equipment shed on the site. Routine maintenance of the facility, which involves a technician driving onto the site and conducting tests using a laptop computer, would result only in the noise associated with a single passenger car or light truck entering and exiting the site. Co-location and Shared-location of Wireless Communications Facilities The Interim Standards and Criteria require the examination of "co-location" (a single structure supporting multiple antennas) and "shared-location" (more than , one facility located within close proximity to each other) for all proposed facilities. Section V, of the Town's Interim Standards and Criteria states that: Shared location of wireless communications facilities in residential areas is to be avoided unless absolutely necessary or otherwise essential for the health, safety and welfare of the Town. MERA facilities are for the exclusive use of MERA, for security and other valid reasons. Co-location will not be allowed on MERA facilities. The Town can also take the additional step of including a prohibition against commercial co-location on the site within the lease with MMWD for the property. The Town has no intention of allowing commercial WCF's on the Sugarloaf site, because of its location in a residential area. If approved, MERA would be granted exclusive use of its facilities and any approval of a Sugarloaffacility by the Town should be conditioned to explicitly disallow any commercial WCF use of the she. This restriction should be echoed in the Town's lease with the property owner MMWD. As stated above, the MERA network requires a residential site in Tiburon. Our analysis indicates that the visual and emissions of the facility would be less at the Sugarloaf site than at the Mount Tiburon site, Accordingly, the project is Page 9 of 20 Town of Tiburon STAFF REPORT compatible with the intent of Section IV.C. of the Town's Interim Standards and Criteria. Electromaqnetic Frequencv Radiation The Interim Standards and Criteria state that WCF's shall 'not generate electromagnetic frequency (EMF) radiation in excess of the human exposure standards adopted by the FCC. All WCF applications are required to submit an EMF report which predicts the levels of radiation generated by the facility and how these levels compare to the human exposure standards. A power density study performed for the Sugarloaf project indicates that all federal standards would be easily met. Please refer to the EMF radiation discussion later in this report. Access to the facility by authorized personnel performing routine repair work could expose these people to higher risk. Warning signs posted near each transmitting antenna which would be visible to workers intending to perform work on the site would be sufficient to meet applicable FCC standards. Liqhtinq All lighting of the facility is required to be manually operated, low wattage, hooded and downward directed exterior lighting for safety purposes only. The applicant does not anticipate any lighting of the antennas or any of the exterior equipment. Roads and Accesswavs All WCF's are required to be served by the minimum roads and parking areas necessary. The proposed facility would utilize Sugarloaf Drive for access by maintenance personnel. No new roads or parking areas are proposed. Veqetation The Standards require that vegetation on all WCF sites is to be maintained or , enhanced as a result of the development of the facility, and require a Tree Protection Plan, replanting of any disturbed vegetation, prohibition of any vegetation removal subsequent to project completion, and a landscape performance agreement. Some mature trees on the site may Qeed to be removed or trimmed if the engineers for the project determine that these trees would interfere with the transmission or reception of radio signals or microwave beams for the project. The trees in question may include a pine tree and a eucalyptus tree at the top of the Page 10 of 20 Town of Tiburon STAFF REPORT ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . berm on the south-central portion of the site. Neither of these trees provides screening of the monopole or antennas from homes or from public view. Other trees in the immediate vicinity of the monopole will need minor trimming to ensure installation and preserve line of sight for the microwave dish. The Town has retained a local tree expert for advice regarding potential damage to trees during the installation of the monopole and antennas. A Tree Protection Plan showing enhanced vegetative screening and tree replacement (if necessary) is required as a condition of approval. This Plan will include the recommendations of the tree expert. Provisions of the Plan will include an ongoing requirement to retain tree screening of the monopole and antennas. Noise and Traffic Noise and traffic impacts for all WCF's are to be minimized for nearby residents and the public. Traffic impacts from the project will be minor, as discussed above. The back-up generator and the air conditioning system on the equipment shed would be the primary noise generators associated with the facility, and would be located below the residence at 1 Place Moulin, approximately 20 feet from the house wall. The noise from the facility will be required to meet Town of Tiburon Noise Guidelines (Exhibit 5) for residential areas as set forth in the General Plan Noise Element, and would therefore not constitute a significant impact under CEQA. These noise guidelines are less than 60 dB or less for the exterior of residences, and less than 45 dB for the interior of residences. Additionally, in the interest of minimizing noise to the fullest extend practical, noise from these sources will be required through conditions of approval to be significantly lower than the Town's guidelines would require. For example, the generator and new air conditioners shall be the quietest of available models; they shall be placed on the equipment shed in a feasible location that would cause least noise impact to the nearby residence at 1 Place Moulin. The Town has retained the firm of Charles Salter & Associates to,assist with the development of appropriate conditions of approval to further minimize noise generation. These conditions are likely to include noise reduction packages, such as covers, sound baffles or other devices that would minimize noise from the air conditioner and generator. Visual Compatibilitv and Facilitv Site Desion The Interim Standards and Criteria state that all WCF structures and equipment "shall be sited, designed, and screened to blend with the surrounding Datural or built environment in order to reduce visual impacts to the maximum extent Page 11 of 20 Town of Tiburon STAFF REPORT .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) feasible." As noted previously, all equipment would be painted to blend in with the surrounding environment. In order to assess visual impacts of the facilities, a story pole and staking were erected on July 18, 2002. The story pole was relocated on July 25 to a location in the northeast portion of the site to further reduce visual and EMF concerns. The story pole very closely approximates the total height and location of the monopole and antennas; it does not attempt to reproduce the approximately 13-inch diameter of the monopole, nor the 3-inch inch diameter of the whip antenna. The 4-foot diameter microwave dish is shown in two-dimensional form. It would extend out a few feet from the monopole in actuality. A horizontal cross-member depicts the pole that would support the two transmit antennas. These antennas, which have the appearance of small wings, are 14 inches high by 45 inches long by 7 inches wide and would extend out perpendicularly from the horizontal cross- member for their length. They would face southwest toward Tam Valley and Sausalito, such that the wing antennas would be pointed over the natural rim directly behind the water tank as viewed from the public street (Place Moulin). These transmit antennas would provide public safety radio coverage for Tiburon, Belvedere, Sausalito, and other parts of Southern Marin. The microwave antenna dish would put forth a very narrow beam of microwave energy pointed northwest to the existing MERA facility atop San Pedro Ridge in San Rafael. This beam would' travel well above all homes, and trees, and would have no measurable EMF impacts on persons or improvements. Portions of the monopole and antennas would be visible from Place Moulin (see Exhibit 6). Much of the structure would either be screened by mature trees or have trees as an immediate back-drop, but portions would be visible from the street appearing to rise above the surrounding trees. There are no homes directly opposite Place Moulin, as this area is Town-owned open space. The nearest home across Place Moulin faces San Pablo Bay and not the MMWD water tank lot. From the single window in this home where the pole could possibly be seen, trees will mostly obscure its visibility, - ' The homes with the most direct potential view of the proposed monopole and antenna are situated on the adjacent properties at 1 Place Moulin and 141 Sugarloaf Drive. Both of these homes are generally oriented to the south, away from the pole, but have several windows that face in the direction of the MMWD site and the existing water tank. The monopole and antennas would be visible over thewater tank from portions of the house and yard at 1 Place Moulin. However, the facility would largely blend into an immediate backdrop of trees that will remain higher than the facility. Removal of virtually all the antennas atop the Page 12 of 20 Town of Tiburon STAFF REPORT .. . . . . .... . . . . . . . . . . . . . .. .. . . .. .. . . . . .. ... . . . . water tank (to be replaced by the proposed antenna assembly) will overall result in a less-cluttered visual impact from the home at 1 Place Moulin in that specific direction. The antenna facility, while visible from 1 Place Moulin, would constitute a less thaI} significant visual impact to immediately surrounding properties under the California Environmental Quality Act. Its visibility would be far less than the Mount Tiburon facility would be from the residence at 99 Mount Tiburon Road. The antenna facility would be visible from the enclosed swimming pool area of the residence at 141 Sugarloaf Drive, but would be largely screened by ,mature trees from windows and decks of the residence itself. This residence is not oriented to the water tank lot, and no primary views would be affected. The antenna facility would not be visible to the residence to the south of the site at 109 Mount Tiburon Road. A portion of the whip antenna may be visible from the home at 133 Sugarloaf Drive. Visibility of the antenna facility from other locations in Tiburon would be negligible. This is due to topography, the excavated nature of the Sugarloaf water tank site, the presence of mature trees downslope, the relatively slender nature of the proposed structure (especially the whip), its relatively short height above the natural ridgetop, the distance at which it would be viewed, and intervening structures. From a community-wide visual standpoi(1t, the Sugarloaf antenna facility as proposed would have little or no visual impact. The proposed equipment shelter, generator and propane tank would be visible from the public street (Place Moulin), but are dwarfed by the existing water tank. These facilities would not be readily visible from residences (with the exception of 1 Place Moulin) by topography, orientation, or the natural ridge surrounding the water tank lot. As these support elements of the antenna facility are short in height and sit below the residence and not in any primary view, the visual impacts would be less than significant under CEQA. ENVIRONMENTAL REVIEW The Sugarloaf water tank site was considered as a "project alternative" in the Environmental Impact Report for the Marin Public Safety and Emergency Radio Communications System. That EIR was certified by the MERA Board of Directors on February 24, 2000. At that time, the Sugarloaf site project alternativ.e was rejected as environmentally inferior for several reasons, including the incorrect conclusion that a structure over 100 feet high would be required. A discu~sion of , specific reasons for the rejection, and subsequent information refuting those reasons, follows. Page 13 of 20 Town of Tiburon STAFF REPORT . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . Reason for Rejection No.1. The surrounding residences would be close to the tower and antennas with ,visibility of at least half of the tower. Revised Analysis.. This conclusion was based on the assumption that the monopole/antenna assembly would need to be at least 100 feet in height, and therefore the surrounding residences would plainly see a very tall tower seemingly looming over their rooftops. The current drawings for the Sugarloaf installation indicate a monopole height of 48 feet and a total height (including the 3" diameter whip antenna) of 58 feet. Given the topography and extensive tree cover, little of the monopole would be easily visible from surrounding residences. Please refer to the discussion of visual impacts earlier in this report. The Sugarloaf site also has the advantage of existing tree cover that would screen much of the height of this shorter antenna. Enhancement and/or replacement opportunities exist for any trees that die or need to be removed over time. The Mount Tiburon location has little tree cover in close proximity to the proposed tower (and little opportunity for tree installation) and the full height of the 72-foot tower/antenna assembly would be visible from the home at 99 Mount Tiburon Road. The nearest residence to the Sugarloaf monopole (141 Sugarloaf Drive) would be farther from the antennas than the nearest residence to the 'Mount Tiburon antennas. However, the visibility of the Sugarloaf monopole and antennas is less form all homes and public areas than the visibility of the Mount Tiburon facility from 99 Mount Tiburon Road and the Tiburon Ridge Trail. Also, the transmission arc of the transmit antennas at Sugarloaf would avoid all residences. The home at 99 Mount Tiburon would be directly within the transmission arc of that facility. With respect to proximity of public facilities, the Mount Tiburon m.onopole would be placed approximately 15 feet from a major public trail (the Tiburon Ridge Trail) that crosses within the MMWD water tank lot. _ The public trail would be within the arc of transmission. The full height of the monopole and antennas would also be visible from this popular public hiking trail. The visibility of the Sugarloaf monopole and antenna from the Tiburon Ridge Trail in the vicinity of the Sugarloaf site would be less due to its much shorter height, and the. presence of trees and fencing that would serve to block, mask or otherwise reduce the visibility of the facility. The Tiburon Ridge Trail in the vicinity of the Sugarloaf site would not be within the transmission arc of the radio antennas. Based upon this revised design and analysis, the Council could reasonably refute the EIR's assertion that close proximity of homes to a Sugarloaf antenna installation would result in greater visual impacts than would be associated with the Mount Tiburon antenna facility. ' Page 14 of 20 Town of Tiburon STAFF REPORT Reason for Rejection No, 2. There is a strong possibility of radio interference due to the proximity of the homes. Revised Analysis. This conclusion has been refuted by subsequent analysis and information. MERA and the Town's comm.unications consultant have concluded that the Sugarloaf installation as proposed would meet the coverage standards for the MERA system. The directional arc for the transmit antennas would not be blocked or impeded by homes. The presence of several trees in the vicinity of the monopole is not anticipated to unacceptably interfere with communications, although some tree trimming and/or removal may be required. Based upon the additional analysis, the Council could reasonably refute the EIR's assertion that close proximity of homes to a Sugarloaf antenna installation would render the site less functional than the Mount Tiburon Site as a reason for rejecting the Sugarloaf water tank site. ' Reason for Rejection No.3. The predicted site coverage area and microwave path are inferior for the Sugarloaf tank site. Revised Analysis. MERA and two separate independent experts have concluded, upon further study, that the Sugarloaf Site would meet the coverage standards for the MERA System. The site coverage area requirements set by MERA would be met with the Sugarloaf site. The assertion that the microwave path is inferior has been shown by further review to be incorrect. An unobstructed line of sight exists to the existing MERA facility atop San Pedro Ridge in San Rafael. MERA now indicates that by utilizing a different location on the Sugarloaf water tank site than had originally been analyzed in the EIR, the microwave path would be acceptable. The microwave dish would not require a height of 80 feet on the monopole, but could be placed at approximately 48 feet above the ground. Based upon the revised design and additional analysis, the Council could reasonably refute the draft EI R's earlier assertion that the predicted site coverage and microwave path are substantially inferior such that the Sugarloaf antenna . installation would render the site less functional than the Mount Tiburon antenna installation. . Reason for Rejection No.4. Impact on surrounding neighborhoods. Revised Analysis. Impact on surrounding neighborhoods was based on the assumption (later shown to be inaccurate) that a 100 foot high facility, with two microwave dishes at 60 to 80 feet in height on the tower, and transmit and receive antennas at 50 and 100 feet, would be required to make the Sugarloaf site meet the site coverage area requirements of MERA Page 15 of 20 Town of Tiburon STAFF REPORT .. . . . . .. .. . . . . . . . . . . . . . . . .. . . . . . . .. . . . . .. . . . . . A facility with these features would certainly have a negative visual effect on surrounding homes. However, subsequent analysis by MERA and the Town indicates that the Sugarloaf site's monopole could be approximately 48 feet in height, and the slender whip antenna another 10 feet on top of that, for a total height of 58 feet from the base of the water tank. The Sugarloaf site has the advantage of a 15-20 foot high natural rim surrounding the water tank on three sides, and existing mature trees of 60-70 feet in height that would screen much of the height of the monopole and antennas, especially at the substantially reduced height of 58 feet as opposed to the 100 feet analyzed in the EIR. The Mount Tiburon location has limited tree cover and the full height of the structure would be visible from the home at 99 Mount Tiburon Road and from the Tiburon Ridge Trail. The closest residence would be farther from the Sugarloaf antennas (approximately 80 feet to the enclosed swimming pool at 141 Sugarloaf Drive) than the house at 99 Mount Tiburon Road would be from the Mount Tiburon antennas (approximately 65 feet). The Sugarloaf site house would have the advantage of being outside of the arc of the transmit antennas, whereas the house at 99 Mount Tiburon Road and the Tiburon Ridge Trail are clearly within the transmission arc, Based upon the revised design and additional analysis, the Town Council could reasonably refute the draft EIR's earlier assertion that the Sugarloaf facility would have a greater impact on the surrounding neighborhood than the Mount Tiburon antenna installation. Reason for Rejection No.5. Cost. Revised analysis. The cost estimate for the Sugarloaf alternative studied in the draft EIR was based upon a minimum 100 foot tall monopole/antenna assembly. Subsequent analysis has indicated that the assembly could be approximately 58 feet tall, and that a Sugarloaf installation would not cost substantially more than a Mount Tiburon installation. While the costs to construct and install the Sugarloaf facility would perhaps be higher, they do not in any way render the project infeasible from a cost standpoint and are thus not a valid reason to reject the Sugarloaf site alternative. Based on the foregoing findings, and the information currently available to the Town Council regarding the design and" siting of the project if it were to be located on the Sugarloaf site, the Town Council could reasonably find that the Sugarloaf site is a feasible alternative to the Mount Tiburon site and that the project would have less significant impacts located at the Sugarloaf site than located at the Mount Tiburon site. Page 16 of 20 Town of Tiburon STAFF REPORT , I The EIR concluded thatthe MERA Facilities located at the Mount Tiburon site would have less than significant impacts. Given that locating the currently proposed facilities at the Sugarloaf site would apparently have lesser impacts than at the Mount Tiburon site, the Council could reasonably conclude that the impacts of constructing the facilities at the Sugarloaf site will also be less than significant. . Electromagnetic Frequency Emissions (EMF) and Power Density Power density calculations for the Sugarloaf project were prepared by the Town's radio engineering consultant. Please refer to the RF Exposure Analysis attached as Exhibit 7. Power density calculations are made on a worst-case scenario for maximum possible output of emissions from antennas. This study indicates that existing antennas on the Sugarloaf site currently could emit a maximum of 534 Watts, which is emitted in concentric circles to all properties in the vicinity. The proposed antennas would emit a maximum of 1530 Watts, but within a limited aperture that would focus the signal away from several nearby residences in a manner that is not possible with the existing antennas. The RF Exposure Analysis shows that the proposed project would meet federal standards at all required locations, and would have substantially lower emission levels at nearby homes than would be generated by the Mount Tiburon facility on the house at 99 Mount Tiburon Road. This is because all homes at the Sugarloaf site would be outside the aperture of the proposed transmit antennas (those that produce the RF emissions), over which health concerns have been expressed. The Sugarloaf monopole would be approximately 80 feet from the nearest house at 141 Sugarloaf Drive (Lantier residence). This is farther than the approximately 65 feet that the monopole on Mount Tiburon Road would be located from the nearest house at 99 Mount Tiburon Road (Zack residence), The Power Density study concludes that the house and yard at 141 Sugarloaf Drive will actually see a reduction in the emissions they currently receive if the project is installed, because of the removal of several existing antennas on the Sugarloaf site and their replacement by the new facility. The house and yard at 1 Place Moulin would experience slight increases (1 % or less) in RF emissions. The numbers would be 7.7% of the federal limit at the. house and 11.2% at the patio. The current levels are 6.7% and 10.7% respective,'Y. Page 17 of 20 Town of Tiburon STAFF REPORT The house at 109 Mount Tiburon Road (Shekou residence) would be approximately 230 feet from the monopole and its ~oof is approximately 70 feet below the transmission antennas on a steep downgrade.. The RF emissions at this home would be less than one-half of a percent of the federal standard. At its nearest property line, approximately 100 vertical feet above the home, the RF emissions would be less than 17% of the federal standard. This home and property line will not experience any change over the current emissions from the existing antennas on the site. The house at 140 Sugarloaf Drive would be approximately 100 feet from the monopole, but opposite the direction of transmission, Emission levels at this home would be negligible. Overall Comparison with Mount Tiburon Facilitv One purpose of this report is to compare anticipated impacts from this project to a MERA-approved project located at 99 Y:. Mount Tiburon Road. The Mount Tiburon project was reviewed and denied by Tiburon Planning Commission in 2000. Materials from that application are attached as Exhibits 8 through 12 for' reference purposes. Below is a brief summary table providing comparisons of the projects in a number of categories over which public interest is high. Comparison Between Mount Tiburon and Sugar/oaf sites (Please note that distances are approximate) 99 Y, Mount Tiburon 145 Suqarloaf Height of Monopole Height of Monopole and Whip Antenna Distance to Nearest Residential Property Line Distance to Nearest Residential Wall Highest RF Exposure (% of Federal limit) At Nearest Residential Property Line Highest RF Exposure (% of Federal limit) at Nearest Wall of Hous'e Localized Visibility Community Visibility 60' 72' 32' 65' 48' 58' 22' 80' >22% 21.6% 12.9% 7.7% Greater Greater Less Less Page 18 of 20 Town of Tiburon STAFF REPORT . . . . . . .,. . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ADDENDUM TO THE MERA EIR As noted earlier, MERA certified an environmental impact report for its network in February 2000. The Sugarloaf project would be a part of that network. Under the California Environmental Quality Act ("CEQA"), Public Resources Code SS 21000 . et seq., further environmental review is appropriate only under the following circumstances: a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report. b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. ' c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available.1 In considering a permit for the Sugarloaf site, the only CEQA question before the Council is whether one of the. three conditions triggering the need for a supplemental or subsequent EIR exists. In the absence of project changes or changes in circumstances causing significant project impacts that were not previously analyzed in the MERA EIR, and/or absent new information meeting the criteria in the CEQA Guidelines; the Town would have no basis for requiring a supplemental or subsequent EIR. In that event, the Town should use an addendum to the EIR to make any additions or modifications to the MERA EIR that the Council finds are necessary before considering any approval on the Sugarloaf site. CEQA Guidelines SS 15162(b) and 15164. Applying the above analysis, the only possible basis for further environmental , review would occur if development of the Southern Marin Emergency Radio Facility at the Sugarloaf site were viewed as a project change. Such a change requires a supplemental or subsequent EIR only it would cause major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Our analysis indicates that this threshold is not met. 1 In this context, "significant new information" means new information that (a) project wili have new or more severe adverse effects on environment than previously disclosed; (b) Mitigation measures or alternatives previously found not to be feasibie would In fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (c) (Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Page 19 of 20 Town of Tiburon STAFF REPORT The visual impacts and potential emissions impacts would be less at the Sugarloaf site than they would be at the Mount Tiburon site. Accordingly, if the Council decides to issue a permit for development of the Southern Marin Emergency Radio Facility at the Sugarloaf site, they could do so based on this report as an addendum to MERA's EIR certified in February 2000. RECOMMENDATION The Council should take public testimony and consider whether the Sugarloaf site is an appropriate location for the Southern Marin Emergency Radio Facility. If the Council decides that the site is appropriate, it should modify the draft resolution (Exhibit 13) as appropriate, making findings, adopting this report as an addendum to MERA's 2000 EIR and approving the project. If the Council elects not to approve the project at the Sugarloaf site, it may wish to consider other options for completing the Marin Emergency Radio Authority network, EXHIBITS 1. Drawings entitled "Communication Facility at Sugar Loaf Tank", 4 sheets, prepared by Tower Structures, plotted July 26, 2002. 2. Diagram of Kathrein transmit antenna, 2 sheets. 3. Aerial photo of site and vicinity, July 2002. 4. Town of Tiburori Interim Standards & Criteria for the Requlation of Wireless Communications Facilities. 5. Town of Tiburon Noise Compatibility Guidelines. 6. Photograph of antenna assembly, July 26, 2002. 7. RF Exposure Analysis prepared by Green Drake Engineering dated July 25, 2002. 8. Planning Commission staff report for Mount Tiburon site project dated June 14, 2000. 9. Photo of Mount Tiburon site story pole, spring 2000. 10. Photosimulation of Mount Tiburon antenna from MERA EIR. 11. Site Plan showing MERA-approved Mount Tiburon facilities. 12.Analysis of Power Density Study at Mount Tiburon site (drawing, 1 sheet) 13. Draft Resolution. Page 20 of 20 KDTHREln SCALA DIVISION LP8-450 LOG-PERIODIC ANTENNA 8.5 dBd gain 406-512 MHz The Kathrein Scala Division LP8-450 broadband log-periodic antenna is intended for use in professional fixed-station applications in the 406-512 MHz band. It features: . Entire antenna enclosed in impact. resistant fiberglass radome. . Protection from icing, saltwater, and corrosive atmospheres. . Well suited for use in arrays for special requirements. . High fronHo-back and front-la-side ratios without minor lobes. Specifications: Frequency range Gain Impedance VSWR Polarization Front-Io-back ralio Maximum input power H-plane beamwidth E.plane beamwidth Connector Weight Dimonsions 406-512 MHz (broadband) 8.5 dBd 50 ohms <1.4:1 Horizontal or vertical >30 dB 300 walts (at 50"C) 67 dogmas (half-power) 53 degrees (half-power) N female (Shown vertically polarizod) 21 10 (9.5 kg) 45,5 x 14 x 7 inches (1156 )(356)( 178 mm) 3,79 fF (0.352 m2) 110 mph (180 kph) 48 x 16 x 8 inchos (1220 x 407 x 204 mm) 26,51b (12 kg) For masts of 1.9 to 4.5 inches (4810115 mm) 00. See reverse for order infonnation. Equivalent flat plate area Wind survival rating* Shipping dimensions Shipping weight Mounting "0' '..0' "Mechanical design is based on environmental conditions as stipulated in EIA-222-F (June 1996) and/or ETS 300019-1-4 which include t~e static mechanical load impOSed on an antenna by wind at maximum velocity. See 1he Engineering Section of the catalog for further qetails. H-plane Horizontal paHern - V-polarization Vertical pattern - H-polarization ,~, '.'1' 10242-B o' E-plane Horizontal pattern - H-polariza1ion Vertical pattern - V-polarization Phone;(541) 779-6500 Fax:(541) 779-3991 EXHIBIT NO.~ p. I of J. II Kathroin loc.. Scala Division Post Office Box 4580 Medford. OR 97501 (USA) KATHREln SCALA DIVISION LP8-450 LOG-PERIODIC ANTENNA 8.5 dBd gain 406-512 MHz r :,:a=l~ 45.5 inches (1156mm) 4 OOll"\ 7 inches_ _/ (178 mm) \ \ ',"I / I ) -f 14 inches (357 mm) I _T. "IIQJ 'llbJ --:- -=- ,"IIQJ . OllbJ =: -1 (Shown vertically polarized) Order Information: Model LP6-450N Description 406-512 MHz Log-Periodic antenna II All specifications are subject to change without notice Kathroin Inc., Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phanc:(54t) 779-6500 Fax:(541) 779-3991 prJA~J. "" ~ (;1 \3 2 2: 1: Q ()\ C G' )> r ~ ~ cJ t;> Cf\ ('J ~ '-J ~ $ E c \}J I.N ()\ C G' ~ q; ~ ~ o -a ). ;'-:) ::::J \}:I ~ ~ /\J ~ b ~ ..c tJ\ (1 t r ~ R ~ EYHIT-UT NO. .-h o U\ c ~ Q t p' ~ ~ ~ uo V0 V\ ~ ~, \1 fi: ~ ~ J::. - S6 ';:S .-) :::.\ CP t ~ ~ D CJl ~ % 1"1 ~ ~ wJn:!!n!T NO ,3-_- [fmL~,~@[P)W , RKSOLUTION NO. 3231 ';) /:-,.., "",., ;". A RESOLUTION OF THE TOWN COUNCIL OF TI-IE TOWN OF TlBURON AMENDING THE INTERIM STANDARDS AND CRITERIA FOR THE REGULATION OF WIRELESS COMMUNICATION FACILITIES. WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1, Finc!illg:;" A. On January 2, 1997, the Town of Tiburon adopted Resolution No. 3204 which adopted standards for the regulation of Wireless Communication Facilities (WCF's). Said regulations were deemed to be 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, On March 26, April 23 and May 28, 1997, the Tiburon Planning Commission held a public meeting and reviewed the adopted Interim Standards and Criteria, and has rec:ommended to the Town Council adoption of the a number of modifications to these adopted regulations. D, The Town Council reviewed the recommended modifications to the Interim Standards and Criteria on June 18, 1997 at a public meeting. Section 2. Avproval. .NOW, THEREFORE, BE IT RESOL VED that the Town Council of the Town of Tiburon docs hereby adopt the amended Interim Standards and Criteria for Wireless Communication Facilities, said regulations being attached as Exhibit "A" and to remain in effect until such time as permanent regulations are adopted. Tiburon Town Council Resolution No. 3231 712197 , ... E2C...E!BIT NO.~ PASSED AND ADOPTED at a regular meeting of the Town Council on July 2, 1997, by the following vote: AYES: COUNCILMEMBERS. Ginalski, Hennessy, Thayer, Thompson, Wolf NOES: COUNCILMEMBERS: None ABSENT: COUNCrLMEMBERS None THERESE M. HENNESSY, MAYO TOWN OF TIEURON ATTEST DIANE L.CRANE, TOWN CLERK tcwcfamd.rcs Tiburon Town Council Resolution No. 3231 7/2197 2 _~.u~~.. EXHIBIT "A" TOWN OF TIBURON INTERIM STANDARDS AND CRITERIA FOR WIRELESS COMMUNICATIONS FACILITIES The Town ofTiburon recognizes the public benefits that Will accrue from the orderly development of wireless communications facilities which ensures open access to a broad range of competitive services for businesses, citizens, and public agencies. The Town further recognizes the need to balance the convenience related to teleco=umcations services with the public interest regarding the siting, design, and operation of wireless communications facilities. Therefore, the following Interim Standards and Criteria have been prepared to provide clear guidelines for the efficient and effective processing of permit app lications for new or expanded wireless communications facilities while the Town is preparing permanent standards. These Interim Standards and Criteria are not intended to regulate wireless communications facilities based on the environmental effects of radio frequencv emissions to the e""tent that the predicted and/or actual emissions complv \vith applicable Federal Communications Commission (FCC) standards but are intended toregulate such t:1cilities based on aesthetics land use compatibility and other matters that mav properlv be addressed bv exercise of the TOW11'S police power. Permit applications for wireless commtmications projects will be reviewcd for conformance with these Interim Standards and Criteria in addition to other applicable Town land use regulations. Material Accompanying Application - General Requirements L Development applications for wireless communications facilities shall be accompanied by the lilllterials listed below in addition to other information specified herein and required for submittal \v1th Conditional Use Permit applications as set forth in the Tiburon Zoning Ordinance. The Planning Director may waive the requirement for submittal of any information described herein when detennined that it is inapplicable based on project- , specific factors. A. An updated network facilities plan for the' entire Tibmon Planning Area including the information li;"ted below pertaining to the provision of service over the . duration of the network plan and foreseeable future: AMENDED TOWN OF T1BURON INTERIM ST,\''iDARDS AND CRlTERlA FOR WIRELESS FACILITlES 6/13/97 1 "~.-........ 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 , type, number and appearance in scale drawings of antennae and base transceiver stations at each facilities site at five veal' intervals. Provider plans shall indicate the number of subscribers that can be served.. disclosure of excess capacity if anv. built into the application and plans for its use. including subleasing plans. and indicate plans for expanding capacity. 3. A sOO-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 =p by numbers corresponding to the list referred to in Item IA(2) above). 4. A SOO-scale map showing areas not covered by the proposed tacilities (for ease in seeing where service will not be provided). 5. A sOO-scale map showing where facilities are eXllected to be needed to serVice new subscribers when the initial 5Ystem is fully subscnoed. !L Intormation on the capacitY of the site to support other additional wireless communications facilities in either co-location or shared-location , arran gernen ts. B. A separate coverage area map for the proposed facility site, including the information described in Section IA(2) above as it pertains to the coverage area within which the proposed facility is siten. 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 =ps may be combined into a single map so long as the scale of the =p is large enough to provide for site specific analysis within the coverage area boundaries. Carriers are encouraged to co~suJt with the Planning Department prior to submittal .of permit applications for guidance MlENDED TOVVN OFTIBURON INTERlM STANDARDS AND CRlTERlAFOR WlRELESS FACILITIES 6118/97 2 -' .----:.. regarding an acceptable format for, the map information. c. If J...l...J.lll~.W._J <1f-1pl VF1~ul... L..v lh... rlJ.J..tJ.~o D~J.G....lOl, f-ItJ.j.LLIdit [VI 'The applicant shall he required to fund all costs associated with peer review suldy of any technical information submitted by the carrier, or the independent preparation of such infonnation by the Tovvn or its consultants. r......~ ~..." ~'"'~.. ll.I.01Y 1.,,", l.,,-,'y. u.~...J LV 'vuluJ.LG th...... h...u;:!;Lml)' of <llL...Ll..I.ut~V... L.....:ply J....:,~e-u~ <..LU.d Iv...ul~oll~, VI. Such costs shall include. without limitation, the cost of a third-panv consultant to verify the predicted and actual measurements of electromagnetic radiation for compliance with current applicable FCC standards adoJ'tGJ by the fGdG,,,1 COllilli~ccOl;Ull' Cu~o;on. and mav also include, without limitation. third-pany evaluation of the feasibility of alternative facility desilp1s and locations, making recommendations on the best location! s) for providing the desired level of service coverage. Costs covered bvthis section shall include the cuul;"ct 1-";C- v[ cO lkJ 1"".1J.ly ......vll.:>ultU.I.ll, <1.$ <If-llJ1'!vl..>J Ly lL.... ToY\'u, all costs incurred bv the To\VTI in obtaining peer review including without limitation. the consultants' fee and the Town's overhead cost fur associated with staff time expended on administration of the Gvuoult..u,t contracts, D. _ Technical information, including but not limited to electromagnetic frequency radiation repolts, visual analysis, alternative sites analysis, landscape plans, lighting plans, scale plans and elevations lar~e enough to show sufficient detail of the desiV1 in relation to surrounding pTopertV OT features 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. F Applications for wireless communications faciliiies shall include a copv of a title report or other legal instmment demonstrating legal access to the proposed facilities site. St3ndard Agreements II. - Applicants for wireless comlllunicationsmcilities 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 co=unications facilities in AMENDED TOWN OF TIBUR"ON lNTERI1\I STANDARDS ,-'ND CRITERLo\ FOR WIRELESS FACILITIES 6/18/97 3 ...J--_......'.. compliance with the provisions of these Interim Standards and Criteria and any conditions of pennit approvaL No building: pennits sball be issued for tbe construction of the f.1ciJities until the network ofwhicb tbe facilities are part is within two months of becoming: operational. The carrier shall post a financial security, such as alener of credit, which is acceptable to the T OVVll to ensure that the approved facility is properly maintained and to guarantee that the facility is dismantled and removed from the premises ifit'bas been inoperative or abandoned for a two year period, or upon expiration of the pennit applications. TIle carner shan notifY the TOMl in writing. at the time the system becomes operational. 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 hcalth standards adopted by the F edetal Communications Commission. The, carner may post a single financial security in an amount determined appropriate: by the TOVV11 to satisfy electromagnetic frequency radiation reports for buildout oftbe carner's network facilities plan. B. The carricr sball defend, indemnify, and hold hannless the Town and any of its hoards, commissions, agents, officers, and employees to attack, set aside, void, or annul the approval of penn it applications or anv otber license with respect to this facilirv 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 carner of any such claim, actionor proceeding. The TOMI shall retain the right to palticipate in any claim, action, or proceeding if the TOVV11 bear's its own attorney's fees and costs, and the Town defends the action in good faitb. b Tbe carrier sball tlmd an costs associated with ongoing peer review of technical infonnation and/or tbe Town's retention of an independent consultant to measure electTorna'Pletic radiation from the f:1cilities filr compliance with current applicable FCC standards asset fortb in Section 1.( oftbe Interim Standards and Criteria. D In the event tbat die-Town shall in the !UnIre adopt legislation providing for the pavment of franchise or otller fees bv entities maintaining wireless communications facilities within the Town. the carrier shall be subiect to such kgislmion and begin pavinlf such fees upon the effective date of said legislation. E. WlleTe appropriate. the carrier shall enter into a landscape performance :md maintenance agreement with the TOM! of Tiburcin as specified with.in Section XlE. . AMENDED TOWN OF TIBURDN INTERIM STANDARDS AND CRITERIA FOR WIRELESS FACILITIES 6!l8/97 4 .. ,1?0o_........;... F. TIle carrier shall not sublease the approved wireless communications facilitv for use bv another canier without first obtainin!): permission of the TO,^,ll. Permit Dunltion ill. Permit applications for wireless communications facilities shall be valid for a period of one ( I) year from the date of final discretionary approval and may be renewed prior to expiration. Subsequent action by the TO,^,ll to approve, approve with modifications, or disapprove applications for renewal shall be based upon the permanent policies, standards, and requirements adopted by the To,^,n (pending), and other applicable Town regulations in effect at the time of application renewal. Applications for renewal shall b.e 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 e:>.1ended by the To'Nll 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 five additional years if the Tovm determines that the project is in complete compliance with adopted standards and regulations, and that new or modified conditions ofpermit approval are not required. In addition, a permit application may not be renewed if the faciliry 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 tbe time of renewal. 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 tacilities should be given to publicly used structures, GO-Iu"..l;uil Jild shJ,GJ-Iu"..l;vu s;tc" and industrial or commercial sites. A&~l..ultLU..J <.1.11'1 VI!"U spJ.G..... J.1<".l5 lU....y ~.... 1-'1 ....r....11(.J ,::,~ll..':) "":J\"..u the.. sit.....' J"",::,;su u[ LiJ..... l-llU!lU':)\""~ fa....&LJ ....<.1il ..J.Vu~d oJ.' ~lU~L... ....Jv......I.;:,.... ....lI........l.;, lel.1tC.J Lv l<.1uJ u;:,.... ....vL.ll1-'aL~bJ.~LJ, v~.;,u.....l J.\,.,:)UUl....(..:5, fiu.bh(.. ;:,(.l[....L......~ ~J.J utlH",1 eilv~uUUJ"ul..1 [.."'U,, ..dd,,,sSGd 1] CI:QA:- Applications for new ,^,ireless comllmnications facilities should avoid 'sites located within or near residential areas, hospitals, child day eare 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 AMENDED TOWN OFTIBURON INTERllvl STANDARDS AND CRITERIA FOR WIRELESS FACILITIES 6/18197 5 " ,10._ ....0.;.. 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, .When site application is within or near residential areas. hOSJlitals child dav care centers or schools an alternate plan to achieve similar coveraS):e avoidin(!: these sites shan be submitted. The information required by this standard may be incorporated into the information required by Section VIA) below. B. Wireless communications facilities shall be attached, or sited adjacent to existing structures unless the carner 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 reSOllfces, 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;-agri..:.ultul<.l.l, VI lk.::::.;.:;.u41L..J v}JGll ,SfJo:J."".... oll1d GVU.5""1 vut;Oli areas unless technical evidence demonstrates to the satisfaction of the, Tov,n that no other alternative facility site or type of antenna support structure is feasible andJor if the use of a monopole for the proposed facility by itself or in combination with other exb1:ing, approved, and proposed facilities will avoid or minimizes adverse effects related to land use compatibility, visual resources, and public safety, Whc,G LUo.t1opvk~ ,U~ sLo...vu tv LG .t1GGG.:b..uy, l11,.. C.ll,..:l:ly U.Lu.::::.l L~ l-lLY'::::';I,..<.l.lly l,..o.11J<.l.Lk vf and k6~lly a,ailable to 51''''';''6 by dJI.:',cut IHuv;Jc". W11ere monopoles in residential areas are sliown to be the only feasible means of providing wireless comrnlmications services. as mandated under applicable law. the Town mav. in its discretion. require that each such structure be designed to accommodate the antennae of other providers to the extent feasible and that the applicant carrier agree to allow other carriers to co-locate their antennae on said structure at the rates set forth in Section V,F. Co-location and Shared-location of Wireless Comrriunications Facilities V. "Co-location" means a telecommunications facility comprised of a single stl1lcture used to support multiple antenna operated by different earners. "Shared-location" means more than one teleeo=unications facility comprised of multiple structures uS;d to support AMENDED TOWN OF TIBURON INTERIM STANDARDS AND CRITERIA FOR WlRELESS FACILITIES 6/18/97 6 ."--~'.. antenna operated by one or more carriers where such structures are located \vithin proximity to each other. Co-lUl",,<.lL.ull ~J .:ili.dJ.~J-lol",,<.lL.vll of \'v~...k,).5 ...VLl..U..U.u..u~"'Ul~VH~ f.lG;.1l~l",," ~hou1d b" l...y'~l",J when Shared location of wireless communications facilities in residential areas is to be avoided unless absolutelv necessary or otherwise essential for the health, safelY and 'welf.1re of the Town. Other types of shared location facilities. and co-location of facilities. are encoura~ed where it win minimize the adverse imuacts of the proposed ,md foreseeable fumre facilities. An applicant for wireless communications f.1cilities shall be obligated to provide for co-location or shared-location ifreqllired bv the Town. The Town shan review potential co-location or shared-location of facilities to determine if 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 fuilures. TIle fonowing standards should be met to ensure the proper implementation of co-location and shared-location siting: A. To. ensure adequate and complete consideration of co-location and shared- location siting of proposed wireless communications tUcilities, 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 semce. The analysis shall include, enough information to provide adequate consideration of technically feasible alternative sites and/or facility designs that would avoid or ruin imi7e 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-location 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 analysis should, to the extent practical, be incorporated with the coverage area map required by Section IB 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 facilities to the extent that such leases may preclude development of a suitable co- location facilities site. AMENDED TOWN OF nEURON INlERlM ST ",'<TIARDS N'ill CRITERiA FOR WlRELESS FACILITIES 6/18197 7 -~----..o.,;.,- C. The design of co-location sites should promote shared use among different earners. 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 teleco=unications structures. Where appropriate, as demonstrated by the carrier and determined by the Town, multiple antenna support structures m:JY be approved (shared location) rather than a single largeribigher structure. D. Facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing semce carriers. Notwith,-randing the foregoing tbe conditional use permit shall state that no carrier mav aCUlallv install or permit the installation of antennas or equipment for other carriers without first obtaining the permission of the Town bv modification of the approved conditional use pemut, E. Co-location or shared-location of emergencv seMces antennas for public agencies shall be provided bv the apDlicant at no charge to the reo;pective public agencies, F. The carrier shall charge standard, reason'able rates for co-location or shared- location of competitive 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 El'v1F as adopted by the Federal Communications Commission. Violation of this Section shall be grounds for immediate revocation of the Town's approval of the facilities in which event o-peration of the facilities shall cea.se immediately, VIT. Applications for wireless communications facilities'shall include an EMF report which measures the predicted and acUlal (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 TO""l1 may require one or more (periodic) post- construction EMF reports as a condition of project approval to veritY 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.El'vIF repo;t and do not AMENDED TOWN OF TlBUR:ON INTERIM STANDARDS AND CRlTERIA FOR WIRELESS FACILITIES 6/18/97 8 " .1..-"--'.. exceed current standards for permissible hlllllliIl exposure to EMF as adopted by the FCC. Lighting VIII. Wireless communications facilities should be rnilit except for the follovving: 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 Lmpacts 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 te1eco=unications facilities. B. Any" new roads or parking areas constructed should be shared witlJ subsequent . telecollilllUIlications facilities and/or other permitted uses to the extent feasible. C. New access roads constructed in agricultural or open space areas shall. have tlJe 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 vvith periodic maintenance ofllie facility. " . AMENDED TOWN OF TlBuRON LNTERlM STANDARDS AND CRITERIA FOR WIRELESS FACILITIES 6/\8/97 9 " ~J.oo._._...a.;... E. Access to facilities shall be prohibited to the general public. Vegetation Xl Wireless commwlications 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 (acility. Vegetation protection and facility screening shall be accomplished through the following measures: A. Applications for wireless co=wlications 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 vegetatioil 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 th.e spread of disease as require by the State Food and Agriculture Department, or to prevent safety hazards to people and property. E. Where appropriate, the carrier shall enter into a landscape performance and maintenance agreement with the To\V11 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. ' AMENDED TOWN OFTIBURON INTERIM STANDARDS AND CRlTERlAFOR WIRELESS FACILITIES 61\&197 10 , ~I.-- ~...o.:... 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 co=unications facilities shall operate in compliance with the noise exposure '1andards 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 hOUTS for servicing (excluding emergency repairs) shall be detennined 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 XITI3 above. D. Traffic resulting from the operation and maintenance of a wireless co=unications 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. Xli. .\fJpL.\"'at:vu.s [V1 ......;.,.....k,:,;:, I..ovuuuUJ~I..o<.1t:vu~ L\,..ilit:"" ~LaR ~u\"'luJ,,- (.I. GO})1 of J. t~tl.... .l.GPOlt Vi oth.....J k.::S<.11 ~;:,L1UI_H'U[ dGffiOu-StlJ.L:UiS k.;:Sal a\,..\,......~~ Lv tl.lG lILV1;Jo;:,\,..J L~ili~:....;:, ;:,:k. Visual Compatibility and F~cility Site Design *Pv'-: ' XIII. Wireless co=unications 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 eA1ent 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 AMENDED TOWN OF TlBVRON JNl:ERIM ST~'IDARDS ,'u'ID CRITERIA FOR. WIRELESS FAClLITlES 6113197 11 , ~-'-....;... site or other similar technique. The visual analysis shall address views from public , vantage points and private tesidences if determined appropriate by the T 0\Vll. The visual analysis shall also depict cumulative conditions by including infofllJ:Jtion pertaining 10 existing, approved, and proposed teleco=unications facilities that will or may evenmally 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 sefV1ce area. B. To the extent feasible, all building-mounted teleco=unications 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 exiSling or newly-created architectural feature so as to be completely screened from view. To the extent feasible, wall-mounted antenn~s 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 architecmrally to minimize its appearance from off-site locations and to visually blend with the surrounding namral and built environments. , Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consiSlent with surrounding development and/or land' use setting, F. In certain Vl'Cli 'l'UC~ Vi 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 sit~ is low (i.e. disguise facility as Ai"lENDED TO\vN OF TIBuRON lNTERIM ST ANDARDS ,>.NO CRITERIA FOR WIRELESS FAC1UTIES 6/13/97 12 , .....--...... . a landscape element, public art, etc.) G. Facilities should not be located on historically or architecnrrally significant strucnrres 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. J. To avoid or minimize the appearance of visual clutter on rooftops, proposed facilities should, to the e:l.1:ent feasible, be located adjacent to existing rooftop antennas or equipment, incorporated into roouop 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 tecllllological standpoint for the proposed site. L. Antennas and associated strucrures and equipment shall be painted to blend ,vith the structures, vegetation, s1:)', or landscape against which they will be primarily viewed. AMENDED TOWN OF TIBuRON INTERIM STANDARDS ..1.ND CFJTERlA FOR, WIRELESS FACILITIES 6/13/97 13 Noise Element Noise and Land Use Compatibility Guidelines Land Use Category Residential * Transient Lodging, Motels, Hotels Schools, Libraries, Churches, Hospitals, Nursing Homes Auditoriums, Concert Halls, Amphitheaters Sports Arenas, Outdoor Spectator Sports Playgrounds, Neighborhood Parks Golf Courses, Riding Stables, Water Recreation, Cemeteries Office Buildings, Business, Commercial & Professional Industrial, Manufacturing, Utilities, Agriculture Commullity Noise Exposure, Ldn or CNEL, in dB 55 60 65 70 75 80 V ///1 Normally Acceptable Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements. I'i!!:!:i!!';'i;:,:,' ,,'1'1 Conditionally Acceptable New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in the design. . I><XXX! Normally Unacceptable New construction or development should be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. Clearly Unacceptable New construction or development clearly should not be undertaken: *Residential interior noise levels not to exceed 45 dbALdn, EX-HIP-!T T:TO..s..... t?9 ~ 1-1 OJ 1-1 '":3 Z o IS! I " RECEIVED RF Exposure Analysis Marin Emergency Radio Authority Proposed SugarloafWater Tank Site - Tiburon, California JUL 2 5 2002 PLANNING DIVISION TOWN OF TIBURON Overview: Thc following analysis ofthc proposed MERA Sugarloaf Water Tank sitc was conducted by Grccn Drake Engineering to cvaluate compliance with FCC guidelines limiting human exposure to radio frequency electromagnetic fields. All calculations were conducted utilizing methods and formulas outlined in FCC Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Field". This document is available to thc public and located at www.fcc.gov. The FCC limits human cxposure to electromagnetic ficlds by mandating compliance with its adopted power dcnsity and field strength limits. Separate limits apply for occupational and general public exposure. Thc limits at thc 485 MHz operating frequency, us cd by the MERA system, are].6 mW/cm2 for occupational conditions and 0.32 mW/cm' for the general public. The limit for the general public is 5 timcs more restrictive than that for occupational settings. The general puhlic limit was used for all calculations represcntcd in this analysis. Existing Site Conditions: The SugarloafWater Tank prcscntly consists of six transmit antcnnas located at the top of. thc existing watcr tank at 23'. The maximum output levels of each of these six antcnnas can be added together to gain a maximum combined ERP (Effective Radiated Power). This is a conservative assumption since all antennas would need to he operating simultaneously at maximum power for it to be achieved. However, this assumption is , ' appropriate to provide a "worst case" representation of existing power levels conditions. Adding the output power of all six antennas yields a combined ERP of 534 Watts. Because the antennas are omni-directional, they propagate RF energy in a 360 degree orientation. Therefore, the encrgy is not "focuscd" in a particular direction but rathcr dispersed uniformly in all directions away from the antennas. Power density levels were calculated at various points on the adjacent properties and arc' outlined in the attached table. All power density calculations werc found to be significantly below the most restrictive public limit and therefore in compliance with FCC guidelines. Proposed MERA Facility: The proposed MERA sitc consists of two panel antennas (Kathrein Scala Division, Model # LP8-450) for transmitting located at a 43 foot height location and one omni-direc"tional receive antenna located at a bottom height of 48 fcet. There is also one microwave dish antenna located at 46'. The transmit antennas arc to be oriented at 270o'T, with a " maximum output ERP of 1530 Watts. This output power is a worst case assumption that EYT-II~IT NO.~ ~. (A 2> ~ . all 9 channels are operating simultaneously at maximum output lcvels of 170 watts each. Due to the "push to talk" nature of the MERA system, this circumstance is unlikely under nonnal operating conditions. . It has been assumed that 5 existing Sugarloaf antennas will be decommissioned once the MERA system is operational, leaving only one remaining Bridge District antenna operating at 74 watts ERP. All power density calculations were conducted for the proposed MERA facility in conjunction with the remaining Bridge District antenna. Results of Analysis: Each power density calculation was conducted at points both on neighboring resident houses as well as at a maximum point of exposure on each property. The points of maximum exposure typically occurred at the top of the southern burnl immediately adjacent to the site. The calculated power density levels are outlined in the attached table. Generally, it was found that exposure levels were not significantly increased by the proposed MERA facility. It is important to note that the proposed MERA transmit antennas are directional in nature in that they focus energy in a specified aperture. Because these directional antennas are replacing most of the existing omni-directional antcnnas, thcy arc focusing signal away from several neighboring residences. This expiains why the power density calculations resulted in a decrease in RF exposure at some of the neighboring properties, The nature of microwavc dish antennas is such that they operate using a narrow "point to point" beam between link locations. Consequently, RF exposurc at ground lcvel from dish antennas is negligible. All power density calculations wcre found to be below the most restrict public limit and thercfore in compliance with FCC guidelines. Jeffrey Pellegrini RF Engineering Consultant Green Drake Engineering 925 437 3221 ?, LfJ '" '" fil', Ul Ul OJ OJ OJ OJ OJ .S; .S; ':"'.11:::: ,S; .S; ,= Qi Qi OJ Qi Qi " " ' .'.:0, " " '5 '5 ~1:"~i1', '5 '5 (!) (!) (!) (!) () () () () () () () () u.. u.. u.. u.. Ul Ul " ,~r/:~ , Ul Ul Q) Q) Q) Q) OJ OJ -'0>,,;'.,. OJ OJ ::;: ::;: ::;E :~...,. ::;: ::;: :J ?t. "! ~ ~ ~ . 00 '<t ci ~ . 00 <0 ~ ~ . ..... ,.: o <0 "" o ci <0 ~ N o ci <0 ~ o o ci '" "" on o ci ~ ~ ?t. c/~. . ..... . '" 00 ci ..... "': <0 <0 co ~ >- 1: Q) Cl 0 ~ D- O "" ... <0 ..... S ... ~ ~ "" "" N 0 on :2: 0 0 0 '" :2: ci ci ci 0 .... 0 Q) ~ ':' ~F' CO '::'h "( " (9 (:\'~ (1)', ' ',: Q. ~fl~ 0 OJ, ~ 0 f- e c: ~ ".1 ro ::J 0 OJ OJ ~ a. Ul ~ . Ul E >- u.. - :J :>< :J t 0 :::.\,: 0 :J OJ Cii " I I E Q. m 'x 0 Q) >- 1;'~' ~ '" a. 0 ::;: Cl ,.,'ro',' 0 ':a;, c: 0 e e :2: .S; .S; 0 0 :; :; ~ 5 :J c: 0 0 n n OJ ::;: ::;: F F '0; OJ OJ ~ ~ Q) " " 0 '" '" 0: 0: ~ '" '" ... Q) ~, 0 0 "" ~ ~ (/) ?, 3 J J ( ( TOWN OF TIBURON STAFF REPORT ITEM NO. To: PLANNING COMMISSION From: DANIEL M. WATROUS, SENIOR PLANNER Subject: 99'12 MOUNT TlBURON ROAD; CONDITIONAL USE PERMIT #10004 REQUEST TO CONSTRUCT A WIRELESS COMMUNICATIONS FACILITY; Marin Municipal Water District, owners; Marin Emergency Radio Authority (MERA), applicants Date: JUNE 14,2000 PROJECT DATA Address: Assessor Parcel Number:. File Number: General Plan: Zoning: Property Size: Currcnt Use: Owner: Applicant: Date Complcte: Permit Streamlining Act Deadline: 99'1, Mount Tiburon Road 58-261-32 10004 Government Facility P (Public/Quasi-Public) 1.1 acres Water Storagc and Transmission Facility Marin Municipal Watcr District Marin Emergency Radio Authority April 26, 2000 July 18, 2000 PROJECT DESCRIPTION A proposal has been made to establish a wireless communications facility on property located at 99'12 Mount Tiburon Road. . The subject site is located at the northern end of a cul-de-sac at the end of Mount Tiburon Road. The facility would involve the placement of equipment on a site currently developed with a water tank owncd by the Marin Municipal Water District (MMWD). The project would involve the installation of a GO-foot high monopole upon which three two-way radio whip antennas would be placed, reaching a total height of up to 80 feet; a 120 square foot prefabricated equipment shed; one cight foot diameter and one four foot diameter microwave dish on a 20 foot tall support pole; and an emcrgency generator with a supporting 499 gallon propanc tank. Tll3lJRON PLANNING COMMISSION STAFF REPORT JUNE 14.2000 EXHrRIT NO. g P r 1..-\-1 ,1 ( / I The facility would be part of a network of wireless communications facilities operated by the Marin Emergency Radio Authority (MERA). MERA is a local government joint powers authority comprised of Marin County, its cities and towns, fIre districts and other special districts, and is responsible for providing radio communications for police, fire, water, and other public safety purposes. The equipment would not be used for commercial purposes but for the exclusive use of MERA. The proposed project would be part of an extensive upgrade ofthe public safety radio systems in Marin County. Existing communications systems do not allow for adequate coordination between public agencies in cases of emergencies. The proposed system would integrate police, fire and public works agencies throughout Marin County into a single coordinated system that would allow different agencies to communicate with one another to more effectively manage any police emergency or natural disaster, such as an earthquake, flood or fire. Two panel antennas and three whip antennas would be mounted on the proposed monopole, which would be sited toward the northwestern comer of the site. The proposed dish antennas would be installed to the rear of the monopole, with the intent of gaining clear signals from the northern portions of the county. A 12 foot by 15 foot equipment shelter is proposed adjacent to thc proposed monopole, An emergency generator would be situated to the east of the existing water tank, with a propane tank sited adjacent to the northwest. The antennas are proposed to be mounted on the westcrn end of the building at the southwest corncr of the site (Exhibit 20, Site Plan). All equipment would be painted green or brown colors to blend in with the water tank and the surrounding environment. ANAL YSIS A conditional usc permit for this project is required pursuant to Scction 2- 13 of the Tiburon Zoning Ordinance. Additionally, the project must be reviewed for conformance with the Town's adopted Interim Standards and Criteria for Wireless Communications Facilities (attached as Exhibit I). This document covers a variety of areas to be addressed in the review of applications for wireless communications facilities (WCF's). Conformance with Intcrim Standards and Criteria Standard Agreements Applicants for WCF's are required to enter into a standard performance agreement with the Town which stipulatcs proper maintenancc of the facility and posting of a fmancial security. The . security is to bc utilized for potential removal of an abandoned facility or to pay for thc cost of . preparing health reports on thc conformance ofthe facility with Federal Communications Commission (PCC) standards for electromagnetic frequency radiation. The agreement would also include a hold harmless statement indemnifYing thc Town in any legitimate actions to void the T1AURON PLANNING COMMISSION STAFF REPORT JUNE 14.2000 2 p . J.j (J-. ( ( permit for the facility. The requirement to enter into such an agreement would be made as a condition of approval of the project. This section of the Interim Standards and Criteria also includes a provision for the applicant to fund a peer review of the technical information provided in the application and/or a study to be performed by an independent consultant to measure electromagnetic radiation from the facility. Although these studies do not appear to be necessary at this time for the evaluation of this application, the Planning Commission may decide to require the preparation of such studies as a condition of approval of the project. ' Permit Duration Approvals for WCF applications shall be valid for one year from date of approval, and may be renewed prior to expiration for up to nine (9) additional years. This requirement should be made as a condition of approval of the project. Location of Wireless Communications Facilities - General Standards Section IV.A. of the Town's Interim Standards and Criteria includes the following: "Location preference .for wireless communications facilities should be given to publicly used structures, co-location and shared-location sites, and industrial or commercial sites. Applications for new wireless communications facilities should avoid sites located within or near residential areas... 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 ofthe carrier. When site application is within or near residential areas... an alternate site plan, to achieve similar coverage, avoiding these sites shall be submitted." The proposed facility would be installed on the site of a publicly used structure, owned and operated by the Marin Municipal Water District. Single-family residential neighborhoods surround the site on Mount Tiburon Road, Place Moulin and Gilmartin Drive. Homes are located on properties directly adjacent to the proposed site. A portion ofthe Tiburon Ridge Trail passes along the boundary of the site. MERA has indicated that the subject site is a necessary location due to the ability to have an uninterrupted line of sight between the facility and other facilities elsewhere in Marin County. According to MERA, the only other locations on the Tiburon Peninsula which offer such conditions are situated on open space areas where no structures are permitted, or on more visible ridg~top water tank sites, such as those on. the top of Sugarloaf Drive and Via Los Altos. T1BURON PLANNING COMMISSJON STAFF REPORT JUNE 14,2000 3 ~f (:l ( , ( Applications for privately-owned (Sprint) facilities at these locations were strongly opposed by neighbors and were withdrawn. Section IV.S. of the Town's Interim Standards and Criteria includes the following: "Wireless communications facilities shall be attached or sited adjacent to existing structures... Appropriate types of structurcs may include, but not be limited to: buildings, water tanks..." The location of the proposed facility adjacent to an existing water tank would be compatible with this requirement. Section IV.C. ofthc Town's Interim Standards and Criteria includes the following: "Monopoles for wirelcss communications facilities should not be locatcd in residential areas unlcss technical evidence demonstrates to the satisfaction of the Town that no other alternative facility sitc or type of antennas support structure is feasiblc and/or ifthe use of a monopole for the proposed fucility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimizes advcrse effects related to land use compatibility, visual resources, and public safcty. Where monopoles in residential areas are shown to be the only feasible means of providing wireless communications ~ervices, as mandated under applicable law, the Town may, in its discretion, require that each such structure be designed to accommodate the antennae of other providers to the extent feasible and that the applicant carrier agrec to allow othcr carriers to co-locate their antennae on said structure at the rates set forth in Section V.F." The applicant also considered two other water tank locations, both located in residential areas, as potential sites for the proposed facility. The Upper SugarloafWater Tank site was rejected because topographical constraints would have necessitated the construction of a 100 foot tower with microwave dishes installed at heights of60 to 80 feet on the tower, resulting in a towcr with increased visibility from both the surrounding residential neighborhood and from greater distances as well. The Lower Water Tank site, located on Spring Lane, was rejected because its lower elevation would again have necessitated much higher tower construction, and the surrounding terrain does not provide screening for homes in the vicinity. The subject location was chosen as the preferred site for its direct sight lines to other portions of the MERA system require shorter antenna heights, and the terrain and vegetation around the water tank providc better visual screening for ncarby homes. The proposed facility should not produce significant increases in noise around the site. The equipment which will be functioning on a regular basis will be inside an enclosed structure. The generator proposed for the facility would only operate under emergency conditions whcn all other power sources to the facility are unavailable. Routine maintenance of the facility, which involves a technician driving onto the site and conducting tests using a laptop compurer, would result only TIIlURON PLANNING COMMISSION STAFF REPORT JUNE 14,2000 4 c+ (,1 ( ( in the noise associated with a single passenger car or light truck entering and exiting the site. The Interim Standards and Criteria state that WCF's "shall be attached or sited adjacent to existing structures." The proposed facility would be constructed adjacent to an existing water tanle Co-location and Shared-location of Wireless Communications Facilities The Interim Standards and Criteria require the examination of "co-location" (a single structure supporting multiple antennas) and "shared-location" (more than one facility located within close proximity to each other) for all proposed facilities. Section V. of the Town's Interim Standards and Criteria states that "shared location of wireless communications facilities in residential areas is to be avoided unless absolutely necessary or otherwise essential for the health, safety and welfare of the Town." Thc applicant has indicated that the need for adequate security associated with a facility providing public safety communications scrvices restricts the potential for co-location with other private communications carriers unless separate secured access is provided for other future facilities. Electromagnetic Frequency Radiation The Interim Standards and CrIteria state that WCF's shall not generate electromagnetic frequency (EMF) radiation in excess of the human exposure standards adopted by the FCC. AIl WCF applications are required to submit an EMF report which predicts the levels of radiation generated . by the facility and how these levels compare to thc human exposure standards. The applicant has submitted such a health study for the proposed tacility (Exhibit 5). In summary, the worst case scenario for EMF radiation exposure at ground level is 0.243 mW/cm2, which is 76. I % of the public limit exposure standard set by the FCC fot this typc oflacility. Levels at the nearest house to the southwest of the site would be 0.069 mW/cm2, which is 21.5% of the applicable public limit. Maximum radiation frequency exposure at the playhouse tor thc adjacent property would be 1.2% of the applicable public limit. This would indicate that public exposure to pedestrians hiking the adjacent Tiburon Ridge Trail would also conform to these public limits. The proposed facility would therefore not generate EMF radiation in excess of the human cxposure standards,adopted by the FCC. . The study notes that access to the facility by authorized personnel pcrforming routine repair work could expose these people to higher risk. Warning signs posted near each transmitting antenna which would be visible to workers intending to perform work on the site would be suflicient to meet applicable FCC standards. Lighting All lighting of the facility is required to be manually operated, low wattage, hooded and TIBlJRON I)J,ANNING COMMISSION STAFf REPORT JUNE 14,2000 5 .+ (;2 ( ; ( downward directed exterior lighting for safety purposes only. The applicant does not anticipate any lighting of the antennas or any exterior equipment. Roads and Accessways All WCF's are required to be served by the minimum roads and parking areas necessary. The proposed facility would utilize Mount Tiburon Road for access by maintenance personnel. No new roads or parking areas are proposed. Vegetation Existing vegctation on all WCF sites is to be maintained or enhanced as a rcsult of the development of the facility. The Interim Standards and Criteria also call for submission of a Tree Protection Plan, replanting of any disturbed vegetation, prohibition of any vegetation removal subsequent to project completion, and a landscape performance agreement. Several mature pine trees located near the proposed monopole would remain, which would help screen lowcr portions of this structurc. No other significant mature landscaping is proposed to be removed as part of this project. ' , Noise and T.....mc Noise and traffic impacts for all WCF's are to be minimized for nearby residents and the public. The projected noise and traffic from the facility, as mentioned above, would be minimal due to the location of most of the equipment within an enclosed structure and the minimal traffic necessary to maintain the facility. Visual Cl)mpatibility and Facility Site Design The Interim Standards and Criteria state that all WCF structures and cquipment "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." As noted previously, all equipment would be painted to blend in with the surrounding environment. The most visible portion of the proposed facility would be the upper portions of the proposed monopole. The height of the monopole and the attached whip antennas would be visible from many of the surrounding homes along this portion of Mount Tiburon Road. The relatively slender. nature of the proposed structure would minimize any potential view impacts caused by the monopole or antennas. Photo simulations have been submitted and story poles have been erected to illustrate visual character of the proposed monopole and antennas, and should be reviewed by the Planning Commission to determine the extent of visual impacts which the proposed facility , would. have on the surrounding residential neighborhood, The proposed monopole would be visible, to varying extents, from a number of surrounding TIUURON PLANNING COMMISSION STAFF REPORT JUNE 14.2000 6 ..f- (.1. ( properties. The house with the most direct view of the poles is situated on the adjacent property to the west at 99 Mt. Tiburon Road; this home has several windows along the side of the house which view directly onto the MMWD site and the existing water tank, and would have views to the side of the proposed facility. The view of the proposed monopole and the remainder of the facility from other homes on Mt. Tiburon Road would be fully or partially screened by the existing water tank and the many mature pine trees that surround the site. The monopole will be clearly visible from several homes on Gilmartin Drive to the northwest of the site, but at distances of approximately 200 feet or more. Due to the background of mature trees around the site and the primary orientation of thc nearby homes toward other uninterrupted views, the proposed monopole would not result in significant view impacts, as defined by the Town's Hillside Design Guidelines, on any homes. General Plan Consistency and Zonin2 Compliance Policy LU-9 of the Land Use Element of the Tiburon General Plan states that public and quasi- public districts, such as the Governmental Facilities designation for the su~ject property, "may typically allow parks, educational facilities, governmental and quasi-public buildings or facilities; utility facilities and similar facilities owned and operated by public/non-profit agencies." The operation of this utility installation to be operatcd by a public agency (MERA) 'is thereforc consistcnt with the policy. Goal LU-B ofthc Land Use Element dirccts the Town "to ensure that all land uses, by type, amount, design, and arrangement, serve to protcct and cnhance the low-density residcntial and village character and imagc of the community." The existing water storage and transmission facility on the subject property is typical of public fucilitics that are often accepted as necessary uses within residential ncighborhoods. The Planning Commission should determine if the addition , of a wireless communications facility at this location significantly alters the usage of this site in a manner that is inconsistent with the existing character of the surrounding neighborhood, or whether this public purposc facility serves to protect thc samc community character. The purposes ofthc rcvicw ofa conditional use pcrmit application are describcd as follows in within Section 4.04.02 of the Tiburon Zoning Ordinance: . a. Determine whether the location proposed/or the Conditional Use applied/or is properly related to the development of the neighborhood as a whole. The location of the monopole, antennas and other structures toward the rear of the site properly use the location of the existing water tank and the surrounding terrain to provide the most appropriatc location for this facility on this property. b. Determine whether the location proposed/or the, particular Conditional Use applied/or would be reasonably compatible with the types and uses normally permitted in the surrounding area. _ TlBURON PLANNING COMMISSION STAFF R~PORT JUNE 14,2000 7 A'. IJ ( ( The location of the proposed facility within a residential neighborhood and the land use compatibility issues raised by this location have been previously addressed within this report. c. Evaluate whether or not adequatefacilities and services requiredjiJr such use exist or can be provided. The proposed facility is part ofa countywide public safety radio system designed to address inadequacies in the current radio system. d. Stipulate such conditions and requirements as would reasonably assure that the basic purposes iifthis Ordinance and the objectives of the General Plan would be served. If the Planning Commission wishes to approve this application, the Commission should stipulate any conditions of approval or other mitigation measures necessary for the proposed project which could be ineluded within a resolution of approval for this application. e. Determine whether the Town is adequately served by similar uses presently existing or recently approved by the Town. The existing public safety radio system docs not adequately serve the Town, necessitating the construction of the proposed MERA system facilities. Section 4.04.03 of the Tiburon Zoning Ordinance states that the following factors shall be considered in detcrmining whcther or not any conditional use should be permitted in a specific location: a. The relationship of the location proposed to: 1. The service or market area of the use or facility propose~. The location of the proposed facility is part of an interconnected network of antenna locations needed to provide adequate public safety radio covcrage for Marin County. 2. Tramportation, utilities, and other facilities required to serve it. The subject site is adequately served by public streets and facilities necessary to support the construction and operation of a wireless communications facility. TIRUI<ON PLANNING COMMISSION STAFF REPORT JUNE 14,2000 8 .+ (). ( ( 3. Other uses of land in the vicinity. The relationship ofthe proposed facility to the surrounding residential neighborhood has becn previously addrcsscd within this rcport. b. Probable effects on persons, land uses. aqioining properties, and the general vicinity, including: 1. Probable inconvenience, damage, or nuisance from noise, smoke, odor, dust, vibration, radiation, or similar causes. The potcntial noise and radiation impacts of the proposed facility have becn prcviously addresscd within this rcport. Dust and vibration resulting from construction of the proposed facility would be no different than that resulting from rcsidcntial construction projccts which rcgularly occur within thc surrounding ncighborhood. No smoke or odors arc anticipated to result from thc proposed project. 2. Probable hazardfrom explosion, contamination. or fire. Conccrns have bccn raised by ncighboring residents rcgarding potential cxplosion ofthc proposed propanc tank. Thc location of the proposed propanc tank adjaccnt to the sloping hillside and behind thc cxisting water tank would help to buffer most ncarby residences in casc of explosion of the propane tank. 3. Probable' inconveniences, economic loss, or hazard occasioned by, unusual volume or character oftrqffic or the congregating ofa large number of people. The construction ofthc proposed facility-should gcneratc a relatively small amount of construction traffic. Thc unmanned naturc ofthc facility should result in mininial traflic impacts on the surrounding ncighborhood from thc opcration ofthc facility. 4. The numberofsuch uses presently existing or recently approved within the area. Several prc-existing public radio antcnnas appear to be located on the existing water tank or on thc-nearby Sugarloafwater tank. Some of these antennas would be replaccd by the proposcd MERA systcm antennas. TIIlURON PLANNING COMMISSION STAFF REPORT JUNE 14,2000 9 .+ IJ- ( ( c. The need of the community for additional numbers of such uses, paying particular heed to whether the neighborhood is already served by similar uses. The need for the improved public safety radio system which would be provided by thc proposed facility has been previously addressed within this report. Environmental Status An Environmental Impact Report (EIR) was prepared for the implementation of the entire MERA system, including the proposed facility, This EIR has been certified by the-M"r;n Cmmty..Beard- oj:.Supervi~ors as being prepared in compliance with the California Environmental Quality Act (CEQA) Guidelines. The project is therefore in compliance with all necessary CEQA regulations. PUBLIC COMMENT A number ofletters have been rcccived from nearby residents, particularly in the Mt. Tiburon neighborhood, o~jecting to the proposed project. Copies of the letters received have been attached to this report as Exhibits 8 through 14. Representatives ofMERA, the Tiburon Police Department and the Tiburon' Fire Protection District ,have met with groups of neighboring property owners on several occasions regarding specilic aspects of the proposed facility. Most of the respondents recognizc the need for an upgraded radio system lor public safety purposes, but have objections to the proposed location within their residential neighborhood. In order to remove the proposed lacility from a residential setting, several residents have suggested rclocating the facility to a site within one of the designated open space areas on the peninsula. However, Section 2.14.03 of the Tiburon Zoning Ordinance, which contains the land and structure regulations for the OS (Open Space) zone, states that "there shall be no new structures allowed on Open Space lands," Therefore, the structures associated with the proposed facility could not be constructed on any open space areas within Tiburon under adopted Town zonmg. Concerns have also bcen raised regarding potential noise impacts from the operation of the proposed facility. As mentioned above, the projected noise trom the facility would be minimal due to the location of most of the equipment within enclosed structures, and the location of these , structures behind the existing water tanle The generator would only be used in emergencies or . during power failures to the site, and would be periodically tested for short periods ottime, The potential visual impacts of the monopole and other portions of the facility have also been raised as a concern. The potential visual impacts of the facility have been previously discussed. The residents have also raised health concerns about the proposed project. As noted above, the radiation frcquency report presented by the applicant has determined that the proposed facility would comply with the health standards established by the FCC. These federal regulations state TIllURON PLANNING COMMISSION STAFF REPORT JUNE 14.2000 10 ~.{.. (;).. ( ( that if a proposed application lor a wireless communications facility complies with the federally- established health standards for EMF radiation, then the Town cannot consider potential health impacts in making a decision on the application. As the radiation frequency report prepared for this project indicates that the proposed facility would comply with the FCC's health standards, the Planning Commission cannot consider these objections based upon health concerns, without substantial evidence to the contrary, in its deliberations on the project. Residents have also indicated that thc proposed facility would be harmful to the surrounding property values due to potential visual, noise and health impacts. The visual and noise impacts of the proposed facility have previously been discussed, and, as noted above, the Town is prohibited by federal law from basing any part of its decision on health-related issues, if the project conforms to the FCC health standards. Concerns have been raised abOut due process regarding the environmental impact report prepared by Marin County for the entire MERA system, Although the County followed the necessary requirements for notification of the MERA EIR, no individual notice was sent to property owners around the potential antenna sites identified within the EIR. Residents around this site did not realize that this facility was proposed at this location until they received notice of the su~ject conditional use permit application from the Town ofTiburon. The appeal period to challenge this EIR has expired. Unless the Town has substantial information that the County's approval of this ElR was violated CEQA regulations, the Town does not have the authority to challenge the County's environmental review process of this project, and the Town should focus its review energies on the merits of the projcct. , CONCLUSION The proposed application appears to substantially mcct the Interim Standards and Criteria adoptcd by the Town, providcd that feasible altcrnative locations are unavailable as indicated by the applicants. The proposed location utilizes a publicly used site and contains an existing water tank structure. The antenna panels and equipment cabinets have been sited and finished in colors and materials to generally blend in with the surrounding area. Noise and tratlic generated by the facility appear to be minimal. The proposed facility would be visible from certain residences, and from the adjacent Tiburon Ridge Trail, but would not significantly impact the primary views of any homes or from the Tiburon Ridge Tniil. The proposed projcct would be an integral part ofa critical emergency radio system that would benefit Marin Comity and the entire Tiburon Peninsula in times of emergency. RECOMMENDATION Staff recommends that the Planning Commission take public testimony on this itcm, close the public hearing, deliberate upon thc project merits, and direct Staff to prepare an appropriate resolution. TlHURON PLANNING COMMISSION STAFF REPORT JUNE 14,2000 I I ~-t: lJ.. ( ( EXHIBITS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. Amended Interim Standards and Criteria for Wireless Communications Facilities, adopted by the Tiburon Town Council on July 2, 1997 r Application form and additional submittal information Health study prepared by Hammett & Edison, Inc., dated August 11, 1999 Letter from Donald Moulin, dated May 3, 2000 Letter from Mary Ellen and Gunnar Wetlesen, dated May 20, 2000 Letter from Barry, Patti ~d Danielle Lemieux, dated May 31, 2000 Letter from Lois Moody, dated May 31, 2000 Lettcr from Diane and Howard Zack, dated June I, 2000 Letter from John and Russ Pratt, dated June I, 2000 Lcttcr from Anders and Terri Swahn, dated June 3, 2000 Letter from William Sweet, dated June 4, 2000 Letter from Joe and Heidi Shekou, dated June 5, 2000 Letter from Geri and Julcs Barsotti, dated June 5, 2000 Letter from Marjorie Samilson, dated June 6, 2000 Lettcr from Kari Boosalis, dated June 6, 2000 Letter from J. Dennis McQuaid, dated June 7, 2000 Letter from Marcus Robinson, dated June 7, 2000 Letter from Peter and Leslie Mathews, dated June 8, 2000 Letter from Brucc Moody, dated June 8, 2000 Site plan and elevations ~;~J (J-- H:dwatrouslreportslPC I 0004.rcport.doc T1HlJRON PLANNING COMMISSION STAFF REPORT JUNE 14.2000 12 &f. (J. ( ( EYJ-II"RIT NO.~ w,yr'rtnT'T' '.l,T(\ ,,' .'ft, ________ ......-1-W' ,-, ,,,,,,,,,(1"'''''''~''''~.'~''~''''U'.''''.''''';r~''''''.'''\f' '''''''-:,t,,!;;,\.:pr'''''' '''l': ," """a"~' i.~4i:(;::~).','C:,' ,.~~,~I~-'IO .0", ~L'::lf,,~",,'~5;. ,'<{i,~,,}lI,QO.::f' rt~;i7~'t:;'::~: ~-\iNI;'I~'.;I"it'. t~ri~!~:~f,'=':c;:; ~':;;..~\/~8':u~ ~~J'~~~:;:j~;i ;Ii:) i;~!..~~i:': .;~~ :~'~,hl"!~I~'1 :.E: ~'l'.""\ '-141'" ~~;~;. 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(G),t~i{:::r.:'.<, ~':'CI).,,_ ,),'-i" "'~ i;~o::ii~,[~: ;i1_~i;'~~ :t",.i;':'...'; ; ,CI,,~,jj~.....r -'J,';'l1"'CtJ' 1=, fL'-. ~,'VJ~:;:'~ c." ,11...,",,'r';,' ':lIf"t"c:" i:Ci>'O' :~~,,{:.;~:~':~ , """,c,':;:'" '("'''', ....' l~cn'F:;.:, =--'...;:- 'O""L- i~lIIltr~.&'~ F.-~fV!:.~.~ll-!' ,,',O';r1.;-';':,; "..',<:~" l',c,~':f'~::,;~i, <: (VIov.v.+I. bu,"""__ Ar),c,,-,,<,- ProJc<.+- '~-\- ,~ , +~ + ([) 1iI..I[R fAI:' <5' '-0 PROPOSED (I'J) r.1EYI' '2l1:', [CjUIP, Si-iE:"ff.w PROPOSED -j' tAICr'~Owt. vL: DISH (TYP 01: T ,'0/0) (I< ~-- PROPOSED r WP,\IIC 'lANK Y(~: B'(I):I a PROPOSED (1'1) G[Nrr~h TOP <1'(VI~) Y H'(L) " 6' x , / ~- (l') 13ulL. r.c /~/ <5' .-> a ~ eQ~J lL EXHIBIT NO. PLEASE NOTE {fjOJIJJ~Tl illOOill~1J THIS RESOLUTION IS A DRAFT AND WILL BE REVISED TO REFLECT MORE DETAILED CONDITIONS OF APPROVAL, AS THEY DEVELOP, PRIOR TO THE TOWN COUNCIL MEETING This is the documellt that would he adopted should the Towll COlwcil choose to approve the applicatioll, RESOLUTION NO. A RESOLUTlON OF THE TOWN COUNCIL OF THE TOWN OF TlBURON APPROVING THE SOUTHERN MARIN EMERGENCY RADIO FACILITY AT 145 SUGARLOAF DRIVE ASSESSOR PARCEL NO. 58-351-3\ WHEREAS, the Town Council of the Town ofTiburon does rcsolve as foiIows: Section I. Findings. A. The Town Council has reviewcd and considered a project (the "Southern Marin Emergency Radio Facility") that would entail the construction and operation of a wireless communications facility on property located at 145 Sugarloaf Drive. The wireless communications facility would be part ofa network of wireless communications facilities operated by the Marin Emergency Radio Authority (MERA). The property is currently owned by the Marin Municipal Water District (MMWD). The official record for this project is hercby incorporated and made part of this resolution. The record includes the Staff Reports, minutes, application materials, and all comments and materials received at the public hearing. B. Thc Town Council held a duly-noticed public meeting on July 31, 2002 and hcard and considered testimony Irom interested persons. C. The Town Council has previously adopted Ordinance No. 469 N.S, that established streamlined review procedures for the project by vesting discretionary review authority over the project with the Town Council, exempting the project from all provisions of the Tiburon Zoning Ordinancc, and exempting the projcct from the Tiburon Interim TJl~URON TOWN COUNCIL DRArf'Rr:SOUJTION NO. JULYJI,2002 1 EXT-!IPIT~~J.1~.. Standards and Criteria for Wireless Communications Facilities, except to the extent that the project is in keeping with the general intent orthe Interim Standards. D. The Town Council has found, hased upon the application materials and analysis provided in the July 31,2002 Staff Report, that the project as conditioned is, on balance, consistent with the applicable policies of the Tiburon General Plan. Specifically, 1. The project, as conditioned, is consistent with Policy LU-9 of the Land Use Element of the Tiburon General Plan, which states that public and quasi-public districts, such as the Governmental Facilities designation for thc subject property, "may typically allow parks, educational . facilities, govcrnmcntal and quasi-public buildings or facilitics; utility facilities and similar facilities oWlied and operated by public/non-profit agencies." The proposed wireless communications facility would be a communications facility operated hy a puhlie agency. 2. Thc project, as conditioned, is consistent with Goal LU-B orthe Land Use Element of the Tiburon General Plan, which dirccts thc Town "to ensurc that all land uscs, by typc, amount, design, and arrangement, scrvc to protect and enhance the low-density residential and village character and image orthe community." The existing water storage and transmission facility on the subject property is typical orpuhlic l~lcilitics that arc ollen acceptcd as nccessary uses within rcsidential neighborhoods. Several public sarety antennas arc currently mounted on the water tank on this property, und nearly all orthese antennas would be removed aileI' thc installation of thc proposed facility. The installation ofthc subject wireless communications facility at this location would thcrefore not significantly alter the usage of this site in a manner that would be inconsistent with thc existing character of the surrounding neighborhood, while the use of this public communications facility serves to protect the same community character. E. The Town Council has found, based upon the application materials and analysis provided in the July 31, 2002 Staff Report, that the projcet, as conditioned, is consistent with the general intent of the Town orTiburon Interim Standards and Criteria for Wireless Communications Facilities. Specifically. 1. Section IV.A. of the Town's Interim Standards und Criteria states that "location preference for wireless communications t~lcilities should be given to puhlicly used stmetures, co-location and shared-location sites, and industrial or commercial ,sites. Applications for new wirclcss communications facilities should avoid sites located within or near residential areas... unless the applications include infornlation sufficient to demonstrate: the location und type of prefelTed sites TIBURON TOWN COUNCIL DRAFT RESOLUTION NO. JtJLYJl,2002 2 which exist within the proposed or technically feasible coverage area; that good faith efforts and measures were taken by the earrier to secure the preferred location sites; specific reasons why such cfforts and measurcs werc unsuccessful; and speci fic reasons why the location of the proposcd facility site is essential to meet the service demands of the carricr." 2. The proposcd facility would be installed on the site of a publicly uscd structure, owncd and operated by the Marin Municipal Water District. Single-family residential neighborhoods surround the site on Sugarloaf Drive, Place Moulin and Mount Tiburon Road. The Town, and MERA, have previously evaluated a number of other sites for the Southern Marin Emergency Radio Facility, including the water tank at 99Y, Mt. Tiburon Road, Angel Island, Woltback Ridge ahove Sausalito, and several locations on open space along the Tiburon Ridgcline. Thcse other sites were rejccted by the different agencies, including the Tiburon Planning Commission, the State Department of Parks & Recreation and MERA, for various rcasons, including proximity to an adjacent residence, rcfusal to use State Park land for such a facility, and the inability of facilities at some locations to provide adequate radio covcrage to portions ofTiburon. Bascd on the foregoing, stafTconcludes that a residential site is essential to meet the MERA's requircments. 3. Section IV.B. of the Town's Interim Standards and Criteria states that "wirelcss communications t~lcilities shall he attached or sited adjacent to existing structures... Appropriate types of structures may include, but not be limited to: buildings, water tanks..." The location of the proposed facility adjacent to an existing water tank would be compatible with this rcquirement. 4. Section IV.C. ofthc Town's Interim Standards and Criteria states that "Monopoles for wireless eommunication~ facilities should not be located in residcntial arcas unless technical evidence dcmonstrates to the satisfaction of the Town that no other alternative tacility site or typc of antennas support structure is feasible and/or if the use ofa monopole for thc proposed facility by itselfor in combination with other existing, approved, and proposed facilitics will avoid or minimizes adverse etTects rclated to land use compatibility, visual resourccs, and public safety." As described previously, other sites at 99Y, Mt. Tiburon Road, on Angel Island, Wolfback Ridge and open space areas along thc Tiburon Ridgeline were cvaluated and rejected. The subject location was chosen as thc preferred site for its direct sight lines to other portions ofthc MERA systcm require shorter antenna hcights, thc terrain and vegetation around thc water tank provide much bettcr visual screening ofthc facility, and the radio emissions are substantially lowcr than at the TlUURON TOWN COUNCil. DRAF]" RESOLUTION NO. JULY Jl,2()02 3 Mount Tiburon site. 5. The Interim Standards and Criteria state that WCF's shall not generate electromagnetic frequency (EMF) radiation in excess of the human exposure standards adopted by the FCC. An EMF report has been prepared for the subject facility which predicts the levels of radiation generated by the facility and how these levels compare to the human exposure standards. The results 0 f the health study indicate that the subject facility would comply with the required FCC standards. Warning signs would be posted near each transmitting antenna which would be visible to workers intending to perform work on the site, and would be sufficient to meet applicable FCC standards. 6. The 111terim Standards and Criteria state that all WCF structures and cquipment "shall be sitcd, designed, and screened to blend with the surrounding natural or built environment in order to reduce visual impacts to the maximum extent feasible." All equipment would be paintcd to blend in with thc surrounding cnvironmcnt. As sct forth in the Staff Report/Addendum to EIR dated July 31, 2002, the facility would have little visual impact to people or property in the immediate vicinity or to the community at large. 7. Section V. of the Town's Interim Standards and Criteria statcs that "shared location of wireless communications facilities in residential areas is to be avoided unless absolutely neccssary or otherwise esscntial for the health, safety and welfare of the Town." The Town's approval will prohibit co-location of private communications carriers and ensure that the facility is for the exclusive usc of the Southern Marin Emergency Radio Facility. A prohibition against commercial co- location on the site will also be included within the lease lor the property to thc extent fcasible under the law. 8. The subject wireless communications faeiiity would comply with standards requiring minimized on-site lighting, adequate road access, and minimal disruption of existing vegetation. Noise and traffic impacts would be minimizcd for nearby uscs by conditions of approval and by the minimal traffic necessary to maintain the facility. F. The Town Council finds that the projcct would not be injurious to the public health, safety or general welfare. G. The Town Council tinds that an Environmental Impact Report (EIR), certified on February 24, 2000, studied this project site as a "alternative" to the project and rejected that alternative for several reasons as set forth in thc EIR. The Town Council finds that the reasons for the rejection as set forth in the EIR are refuted by the analysis contained in JULY 31, 2U02 4 TIBURON TOWN COUNCIL DRAFt RESOLU"1'I0N NO. 2. . The facility shall meet all required FCC thresholds for power density/radio emissions. An RF exposure analysis/power density analysis shall be perfomled by' an independent fiml certified to perform such analyses. This report must eonfinn the findings of the Town's radio engineering consultant that all required FCC thresholds for emissions arc met prior to installation of the facility. 3. Annual testing of the facility shall be required to ensure that it continues to operate within FCC limits for emissions. 4. The Town shall enter into ab'Teements with MERA and MMWD that would guarantee that no co-location of commercial facilities would occur (i.e., the sitc will not become an antenna farm). 5. A continuous 6 foot fencc shall be constructed around the facilities on the water tank lot, both for security and public safcty reasons. 6. To thc extent practicable, the operator of the facility shall reduce height and mass and improve aesthcties of the facility as improvements in technology allow, 7. , The monopole, antennas, equipment shed, and other components of the Facility shall be finished in appropriate colors to blcnd in with the colors and materials of the adjacent hillside. Said colors and materials shall be approvcd by the Tiburon Planning Division prior to construction of the facility. The Town may require the monopole/antenna assembly to have an exterior treatment that will resemble, as closely as possiblc. a living tree similar in appearance to those surrounding the monopole. 8. Noise levels shall, at a minimum, comply with the Town ofTiburon noise compatibility guidelines as set forth in the General Plan Noise Element. In addition, to the extent feasible, decibel levels significantly below these levels shall be achieved. The equipment shed shall be designed to have ventilation or other characteristics that will serve to reduce the need for air conditioning. 'The air conditioning unit on thc equipment shed shall use the quietest of available machines as of this approval; shall be placed on thc equipment shed in the location where the least noise shall be heard; and shall employ bamcs, covers, shields or other noise reduction packages or sound-reducing devices to further reduce noise heard by adjacent homes, particularly the residence at I Place Moulin. The back-up generator shall be enclosed and shall also employ baffles, covers, shields or other passive sound-reducing devices if necessary to minimize noisc during its limited operations. [The Town's noise consultant shall develop morc detailed conditions]. TlBURON TOWN COUNCIL DRAFTRI:SOLtJTIUN NO, JULY 31, 2()D] 6 9. The back-up generator is allowed to be tested once a week for a IS-minute interval during a mid-week morning no earlier than 10:00 AM. Outside of this testing period, it is authorized to operate only in the event of a power outage and in that case only for the minimum time necessary until regular power is restored. 10. Vehicles accessing the site for testing, monitoring or other purposes shall to the extent feasible park inside the gates to reduce traffic congestion on the narrow streets in the vicinity. 11. There shall be no exterior lighting of the facility. 12. Warning signs in conformance with FCC adopted guidelines shall be posted on or near the antennas to inform workers of potential hazards from close proximity, 13. It is acknowledged that some tree thinning and/or removal of trees may be required for proper operation of the facility. A Tree Protection and Landscape Screening Enhancement Plan shall therefore be prepared for review and approval by the Town ofTiburon prior to installation of the facility, This plan shall ensure that trees and vegetation on the site shall be preserved to the maximum extent feasible during site preparation, installation, and operation. The Plan shall be implemented within 30 days of installation of the facility. This Plan shall provide improved screening of the facility from on~site, primarily but not exclusively from the properties at I Place Moulin and 141 Sugarloaf Drive. It shall, at a minimum, contain provisions for replacement of lost, dead or dying trees with the intent that landscape screening is a critical ongoing element to the successful co- existence of this facility in a residential area. [The Town's tree consultant shall provide additional specific detail]. 14. All existing antcnnas on the site, excepting the Golden Gate Bridge District antenna, shall be removed upon successful installation of the facility. IS. Permittee shall operate and maintain the site to industry standards. This condition is in lieu of a standard performance agreement and security deposit with the Town as set forth in the Interim Standards & Criteria. I G. This permit shall expire and become null and void within one year of tinal apjJfovalunless vested. This time limit shall be tolled by lawsuits or moratoria. PASSED AND ADOPTED at a special meeting of the Tiburon Town Council on July 31, 2002, by the following vote: AYES: COlJNCILMEMBERS: TlBlJRON TOWN COUNCIL DR.IFT RI.;SOLUT[ON NO. JULY 31,2002 7 NOES: ABSENT: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: DIANE CRANE lACOPI, TOWN CLERK TH3URON TOWN COUNCIL DRAFfRESO]JJTION NO. TOM GRAM, MAYOR TOWN OF TIBURON \sharcd\adan fonh \M ERA. rcso 1 utiOll.d()c JULY 31, 2002 8 . , RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF T!BURON APPROVING THE SOUTHERN MARIN EMERGENCY RADIO FACILITY AT 145 SUGARLOAF DRIVE ASSESSOR PARCEL NO. 58-351-31 WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: Section 1. Findings. A. The Town Council has reviewed and considered a project (the "Southern Marin Emergency Radio Facility") that would entail the construction and operation of a wireless communications facility on property located at 145 Sugarloaf Drive. The (WO/lt'I'(V i.\ CII/'I't'I/{Z\' l!\vl/cd /1).' rill' Murin MUl1i(:ifluL J.Vu!t'l' District rMkfWOJ. The wireless communications facility would be part ofa network of wireless communications facilities operated by the Marin Emergency Radio Authority (MERA). ,"-/rR,1 fln:pured an cnvil'OIlt1iL'I/UlI !mj'(/c'II-,'porr'/;,r tilt' l1'iro:/,:ss CUlllrllllllicl./riml,Y fie/If/Irk. ll:/iic!l AfLH:( C"l'/'Iifit.rf ill FdWlltllY I.~r 200r), .-Is dl'sigl/cd, /ill' Ih'tll'ork I'<-'ill/ire,,>' i! it'i/'t.'lcss t'fJlIlIIj/{/lict/fif./ilS}ilCiliIY ill .";,nttill:nl '\hlrill, ,. ,[ Deleted: The propeny is currently owned hy tile Marin Municipal W~ler l Districl (MMWO), The official record for this project is hereby incorporated and made part of this resolution. The record includes, \Ff/hfJlI! lill/iwfio/!, the kfLR,11Ilitia! Slll(~\' alii! CII( (tll p"l"lit/cllr Staff Reports "'lIhm/Her! 'f) rhe COlIl/eil ill (:ofl/I(\:{ioll \\'ilh die Ivirc!t:ss CI!HJllitllliCdliOI/S nCI\I:ork, minutes, application materials, and all comments and materials received at or hi);!I\' Jhe_pu~li~ 1~t;~I,'jng /In l!,i,Y..!)/.'I.~it;ct (II/(/ ,(:)11, ,'(!~~:'~!.~~L ,/!,!?lIrol! O!'(jil!l.'.'!,tf:' N~). ,~1.(19 !~I.,\, il/ulli/llllllli'ril/I". ill till' record ,-'./l!lc j;J\I:Il'S cOlIshh'/'lIlion (~(,'I cOlldiliof/ol Ilse pennir {fir (j .lIFf?,'IJacilil,I' iIf iJ'.J :.~ MI. J'ihll/'l.lll HOlld. Tlie I'L'Cllrd Iflsf) inell/dcs, It'it/Wl/f limiIUliof}, fill n?II.'I'!S, 1,'0}/1IJ/(:IIf."'- ,lIld mlll~'/'itlls./;}J' {he .'Ip/'il 17, ](}()],illld JUI1I.:' I (), ~'()O~ t1IL'eting"'- dc'serf/x'd hch!\\.', Imd tile III ill lift'S I/k'f't'I!/ ~ - ---------- , i, Dele~~~,",_"_"_,______".""...._J B. 01/ ..Ipn'/ ! 7, ]01J2, ,r/ie l~i\!:I! ("fllII/cil /,(,/11 ({ /-lllhiic IIIL:di!(';. {Ii ,lisCIIS," /1I)tclI/iu/ \'ift'.\'./iilo 11r,: Sn/lllr,'/'Il ,Horill 11";1\'/C.'\,\' 1;IIIIl!l,'lIni(:(l/irIIlS/;I(:ili~\.', nil: T,,\\,}/ SI.'lIt /lIltil:e" ,:/lill's 1I/(~l'lill,'.: ro ill! ()/'I)/h'I'ric,\' !Ol:r/II.'I!II'il!llIIllfljlroxilllflrL'l.l' {()I)()j;"c! 'fllle' 1!rI'Ct'jJiJle/llio{ Sill'S ltlcl/led Wif!r/!I l!le' J;I\I'I1: ~J9 ';.:: Ml. tihul'<i11 Ruad, /45 Sfl,'>!.(W(D/U" Ori\.'(' ({/iiI if tlrird locatioll ,"fled f)f! opell S/H1Ct' IOc'(/{('d ncur Giblllfl'rin !)rin.', Tltt' COIn/I:iI JIl.'(l1'(1 Fl.'fmrls Oil these si!i:s (II/{I on i1jiJ//!'Ih site 10(,'llled on ,IFo(jhIlCk Ridg(' in the (:iIY (~(S'IIIISIfJit() TIll' COIIIU:'i! dls() ,I1f.'(/l'd considcl'oh!c /!/Ihfic tcsli1llony lit this II/l:dill,'.!., 1//lISllf',\.'hid/ 11~)(:II('r! (J!I fill' Ml, Tibunm (flld J-l-'O(!hUl:l\ Rirl,'.!,(' silt's. 'I'lk' C'ollnell rlin:(.'!(.'rI ,1{({lfIO jJI/!SIIC till' If-iJ(lhud Hid:.!,c sile as ..11(': !/Ilist upprOjWiillC' I1Lt,'l'flilli~'('. '/'lll~ COIl!/(:i/ flll/inllerl Ihlll ;'JII,';},ilr!rwj'1t'oS ({ rlltelllial "1}(/ck~lIp" alfernut/ve, f.h~t;)/'{J(lIll1dy, /\,fI:RI deter/niller/illlll , .i Deleted:. ,. .~ ..( Inserted; lhallh~ WoUback Ridge site 'I I w~~ not a lca:;ible localion, The Town', ] independent cngineerconfillned this conclusion. TIBURON TOWN COUNCIL DRAloT RESOLUTION NO, JULY 31, 2002 [ill [R1 fAr~ ~ ~f1 ~-11 - 0'2- lhe: IYoljhi/<:k Rit('.!.t' sile' IVaS lllil ,IF'lfsihlc' IOCl/lioJ!. the 1'rlll'lI 's ;1Ir1Cf)(m,lc/lll;'l/gill,~,.:r CIJ/!fi/'IIIL't! l/iis COIlc!IIStlll!. (', On .Jllne I ~), _10()~, Ihe '1'0\\'1/ CouII/'il /i,'1d II rllI!,I' nli/iced }!/I1.1liL' hell},;//;..!, 011 ,.I })/"IJf.1osed IIr,t:L'flCY r)/,{fi,ll/Jlce c'''Hlhlishill.'': ,\'[!'('lIl1llill(;'r/ f)ro('('iIIO'l',1 Ji)I' rile /'I!nsid,,'I'{/liofl ({r/iis en!!'!.'r:! III {Ill' .)'lIg(/"!rjl!/,Siu~, r1.fh'/' (Okill,<..:, J!llhliC i",I{iIllOIlY!i1l h,'11I 1'11'-: /!I:\;L:m:\' ordillanc(' IIlId (hl.' 117(;'!'il,'; rllhis rl}"(~jl'd. till: C..rllll/l'il....doj}{ed Ordiu(I!lc\.' ,.VI). 4,/() ,V.,')'., l'swh/ishin,'; s{reumli,ll,(1 n'vil.'il' fJl'ot.'CtIUI\'.\':f;'1r Ih,~ jlmjn:! /).\' ,'(.'slin,~~ ,!iSI.'!'(.'liO'IOI:v I'l'viC'I1' lIutho/'ity m.d' fhe jl}"lIjecl \\'Ith rlrl.:.' T"IHZ CrlllI/\:il. c.\'I'mj.llillg lilt: /!J'(~jeclji'l)lI/ fll! f)l"(!visilJ//.'i I!/'rhc tihllmIlI.Ul/ill,~ (Jrdilllll!tl', 11Il1! ':\"lI1fJfillg. II/(> Ilriljl'cl,I"i-r/1I1 [hI': "/i1IlIl'()II If/lel'i'll S'I/tlldo/'ds ollt'l CJ'ih~r/(lji),. IViJ\;/cos.I' ('OIJIIIIIIJlir:Ulir.'lls Filt'ili!ic::;, 1:.l.',':,'j!1 10 Ih,' c.Henl Ihl! lilt': [J1'i:j, 'cl is in k('I'fJil/j~ 1\:/11t till: ,!.;l 'I!i:n:l iillL'lIl .-~/'[I/(.' 111I, ''''/11/ Swntla/"ils. f), flie 1~)\\'1J Council he/rill dlllY-l/oliced jwhlir.' !i"{/!";!I,~: on (hi.' f-Il'r-:f':CI un .JII/)' 3/, ]1)1J2, ond Itl'Im/ (lIId (;()lIsidcrr:d fl'Slill/u!l\,ji'ol/1 ilJl,:rcsr.:t! 11('/'.1'011,)'. '}'Ill: Cf!/{lf(:iI a/sl.' recl:i1.'cr! onJ! III/d ..,vrilfC:II CO!J1III11J/icrilioll /'i:gun!J"lIg [hI' jll'I,~jcct in the jN:rind 11,.'/\\'1.'(.'11 till,' tu,'clillg,) ofJunt' 1 ~). lInd JII(\" 3/, 2002. I:. " Th~'To.~~ 'c'~"~~cii'h~s found, based 'upon the ";pplication n;aterials an'd analysis provided '4', in the July 31,2002 Staff Report illld OTher 1I1i1lcr/,ds ill tlte 1"'1.'()}'(}, that the project as ' conditioned is, on balance, consistent with the applicable policies of the Tiburon General Plan. Specifically, I, The project, as conditioned, is consistent with Policy LU-9 of the Land Use Element of the Tiburon General Plan, which states that public and quasi-public districts, such as the Governmental Facilities designation for the subject property, "'may typically allow parks, educational facilities, governmental and quasi-public buildings or facilities; utility facilities and similar facilities owned and operated by public/non-profit agencies." The proposed wireless communications facility would be a communications t~lcility operated by a public agency, 2, The project, as condilioned, is consistent with Goal LU-B of the Land Use Element of the Tibu~on General Plan, which directs the Town "to ensure that all land uses, by type, amount, dcsib'11, and atTangement, serve to protect and enhance the lowwdensity residential and village character and image of tile community." The existing water storage and transmission fhcility 011 the subject property is typical of public facilities that arc often accepted as necessary uses within residential neighborhoods. Several public safety antennas arc currently mounted on the water tank on this property, and nearly all of these antennas would be removed after the installation of the proposed facility. ll1e installation of the subject wireless cO,mmunications facility at this location would TIBURO:'>l TOWN COUNCIL IJN.-II-7RESOLUTIO;': NO, JUl.Y Jl,2002 2 . , , .... ~ed: Bullets and Numbering .-...... { Fonnatted:' Bullets and Numbering Deleted:~! -------~I <11>1111: Town Cuull~il h;l~ prcviou,ly ! I adopted Onlill~lH:e :-J,,_ ~MI S.S, tll~t I I c~l~bli5hed ,tn:amlined review procedure,; I lbrlheprojeclhyveslin!;disneliuualY rcvicwaulhUrilYOVerlhcP,c,pkctWilh lhe . Tuwn Council. cxernptllle:thc project Ii-om ~n pro~isi(}n.,ofthc r,blllou Zoning I Ordinance, and cxemptinglhe pwjecl from LheTi~uron lntcrirnSt<lndard,al1u I Cliteria I'll Wirelcs,CollullunieJ.lIons , , Facilities, except to Ihe e~tenllhat the ".1 project is in kccpin~ wilh the gcnclal . i intclll of the Interim SlandJ.rd\,~ '{' Formatted: BullelS and ~u~bcri~~ . " therefore not significantly alter the usage of th1S slte 1n a manner that would be inconsistent with the existing character of the surrounding neighborhood, while the use of this public communications facility serves to protect the same community character. I r The Town Council has found, based upon the application materials and analysis provided +---.- -1 Formatted: Bullets and Numbering 1 in the July 31,2002 Staff Report, that the project, as conditloned. is consistent wlth the general intent of the To\Vn ofTiburon Interim Standards and Criteria for Wireless Communications Facilities. Specifically, I. Section IV.A. of the Town's Interim Standards and Criteria states that "location preference for wireless communications facilities should be given to publicly used structures, co-location and shared-location sites, and industrial or commercial sites. Applications for new wireless communications facilities should avoid sites locakd within or near residential areas... unless the applications include informatlon 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 carner !o 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 carner." 2. The proposed tllcility would be installed on the site of a publicly used structure, owned and operated by the Marin Municipal Water District. Singlt~-family residential neighborhoods surround the site on Sugarloaf Drive, Place Moulin and Mount Tiburon Road. The Town, and MERA, have previously evaluated a number of other sites for the South em Marin Emergency Radio Facility, including the water tank at 99\', Mt. Tiburon Road, Angel Island, Wollback Ridge above Sausalito, and several locations on open space along the Tiburon Ridgelinc. Thescl'lrc,.!U/!I\e. sjt~~ ':"(~~~ reje~.t.e4_~y p'i~f~r~n! ~g~,~~i.t;s, !!1clu~.i~g .th~ .Tib~~9.T1 Planning Commission, the State Department of Parks & Recreation and MERA, for various reasons,y\1Jli~,'h i~l(,'hll./(;'f(P'!'~xi~i~y to an .adjace~! r~.s.id~l.~c:e, refu~al h? use State Park land for such a facility, and the inability of facilities at some locations to provide adequate radio coverage to portions ofTiburon. Based on the foregoing, staff concludes that a residential site is essential to.J....~~l.lp/~,'.r.I' t/!.i' el1ld~'.j,i'IlC)' !'tu/io tlt.'/\l'ork. 3. Section IV.B. of the Town's Interim Standards and Criteria states that "wircless communications facilities shall be attached or sited adjacent to existing structures... Appropriate types of stmctures may include, but not be limited to: buildings, water tanks..." The location ofthc proposed facility adjacent to an existing watcr tank would be compatible with this requirement. T111URON TOWN COUNCIL DRAFT RESOLUTION NO. 3 JULY Jl. 2002 , Deleted: lither \. ~-~_. -'. ( Deleted: the [" Deleted: itlcllldin~ {-........-..-...........-.....-...---..-..-.....- '-'-", . i Deleted: mo:ellht: MERA 's I l requirements .______.! " , 4. Section IV.C. of the Town's Interim Standards and Criteria states that "Monopoles for wireless communications facilitles should not be !m;aled in residential arcas unless technical evidence demonstrates to the satisfaction oCthe Town that no other alternative facility site or type of antennas suppot1 stmcture 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 Olin i mize, _~9_~~~~~. .~ff~_s:!? !~I.~!~.(U~ J_~I1_~_ !-!~~.~9.'!-IP.~_t_i~i E ~Y? Y_i.~~..~!. ~~.s.9.t!~~_~?._ ~\.~~ __...... .... ( Deleted:s public safety." As described previously, other sites at.'N:-:, All. Tiburon R,oad; on Angel Island, Woltback Ridge and opt:n space areas alo~g the Tibur~~'Ri~igeline ~ere evaluated and rejected, The subject location was chosen as the preferred site for its direct sight lines to other portions oftheMERA system require shorter antenna heights, the terrain and vegetation around the water tank provideJ?~!!~!_~i~~~J",~E~~.C:!1.i~~g5?L...- the facility, and the radio emissions are substantially lower than at the Mount Tiburon site. .., { Deleted: 'l<W, :viI --. . f Deleted: mud. 5. The Interim Standards and Criteria state that WCF's shall not generate electromagnetic frequency (EMF)"radiation in excess of the human exposure standards adopted by the FCC An EMF report has been prepared It)r the subject facility which predicts the levels of radiation generated by the facility and how tbese levels compare to the human exposure standards. The results of the health study indicate that the subject facility would comply witb the required FCC standards. Warning signs would be posted near each transmitting antenna which would be visible to workers intending to perform work on the site,........ l' Deleted: ,und wuuld be sufficicnllo mcclupplirable FCC.'ilunuards 6. The Interim Standards and Criteria state that all WCF structures and equipment "shall be sited, designed, and screened to blend with the surrounding natural or built t:nvironment in order to reduce visual impacts to the maximum extent feasible," All equipment would be painted to blend in with the surrounding environment As set forth in the Staff Report! Addendum to EIR dated July 31, 2002, the facility would have little visuul impact to people or property in the immediate vicinity 01' to the community at large. 7. Section V. of tile Town's Interim Standards and Criteria states that "shared location of wireless communications facilities in residential areas is to be avoided unless absolutdy necessary or otherwise essential for the health. safety and welfluc of the Town." The Town's approval will prohibit co. location ofprivate communications carriers and ensure that the facility is for the exclusive use of the Southern Marin Emergency Radio Facility. A prohibition against commercial co- location on the site will also be included within the lease for the property to the extent feasible under the law. TIBURON TOWN COUNCIL DRAFT RESOLUTION NO. JULY'\I,2002 4 8. The subject wireless communications facility would comply with standards requiring ffi,nimlzed on-slte lighting, adequate road access, and minimal disruption of existing vegetation. Noise and traffic impacts would be minimized for nearby uses by conditions of approval and by the minimal traffic necessary to maintain the facility. (; l?! ~: . !!! ~ ~ ~! _ C;~ ~ '.If! ~-J.lj!!~ ~~ ~ _ ~/!!! ~ ~ J!!~ ,Y_L~(J. ~~ ~_ J.~ ~~ J.: :l:~ ~(:'! ~t! ! _ (~~ 1}! !,!.I! ! ! (~~l! ( (~).I! ~\~ .(.~(!!! ~~'! !\~ { I!!! .'~\l? 4~ !: . .~i '. Bullerill 56. tlie em/t'e! would IlOr be ili/III'IOIIS W1J//hlic IIl'ulih. s(~f(~(\' or gencml It'c(!rl/'t'. II The TOll-'/1 Cnul/cil jiJlds dUll. os SIOll,1I ill Ihe/ifllliflgs}i)/' Ordil/(/t1/:c No. 4()9 tV""',. ,\IER:1 's lvi/\,Icss commllflIUllil)/IS lIe{\\'o/'j,- is essential/ilr rh{~ J'l~ldJ?:'~~ll!!!()/i.r;.:~,!tJ..i;'!.l~......n~"- IJL'!'.wJnlld (/l1d "'III/'m CI)/Illly (('Sil/ClllS. illdwlillg residellts or/lie .,I)\t'II....,..~e~::.q.l!rD!:!~..m_/ n 1.1.!!! ~ -'~:~ :.~ ~ ~'!~ ~,~~ ,~. ~ t/.t!! !'( /J.!: .I:~'f! {~'.::5:'-'.: ~,~', ,~'~!~ J.'!. ! ~.~) ~I_I ::'~ ~~JJ.e. . &,(:~:.(! !~,~. ~: .T!!~: ! ~ (.~' {\~ (I) >!~ i~~: 'IJ-,! g . e!: . . . . . . . 0 . ...: Mocked /'adio millie, or poor illleragcl/t]' coon/frUition alld (;omlnrmicmioll pws the . p u hi ie (] n d po lice offic l'rSLJJ! ~:'.l ~,''.fJ.l! ~-?..,~', 1~(! l:(! !!~ ~':{ {~':'~!! ~ ~ iL ~ ~ ~IY. ~~ !?!! ~?}J. ~~~ ~~~ .': ~-::\J!!~ ~ ,~~' ~,'n . . . . . . n . _ Ih:rsonnc/ i!-'o!h:~-; ./!'!'!~.'!~~oc.e.'!~p~I.:!{ ~).'}.! {!/!~:: -'!!~~~j~(I!:~(.!~(:(I.'!iD:~'.:~..~! ~ ~~_ _,~:i-,!~ t ~/. -'!!::o"[! ~:~ '!~. t!l... o. ..: lYlml'On. Thl' only !\('{IJ~'(/.\'ihh: sires un: 99 ~/:. ,Hz. Tibl//'fJtl Ro(/d alld 145 ,)'I/,t;w'lo({( o /'1\ 'f.'. re.l.' . ~/!!~ -'.'~ '! ~'.\! : ~ ~.~' -,~'! ~ ~ ~ (.":! . {(to !!~ ~'. :~ ~IJ!l H ~'f!! !~ '! ; . ~ ~Io(;' pl.'I.) i(:~~/. ! !:! !! ~ ~ (I. !! ~ I. ~'!,: o(~ e.l! ~~Jo(!~ :'.' ~ IJ!!X . . . . 0 ~ Jt'wer fm/wefs (It fhe ,)'l/gllr!O({j' Dril'c silc than if It'I!/Ild ([I 99 ~':: All. rflll/l'I)/1 Uood. 1"0 ____ The Town Council finds that an Environmental Impact Report (EIR), certified on .Febr~;a~y -24,02000;. studfed I!~~'~ 5!~,~.(!r!!!~{r~h~:~.~~'I!lz;aF~~a:t.i~~".to ~~~. pr?je~t ~n~ rejected that alternative for several reasons as set forth in the EIR. The Town Council finds that the reasons for the rejection as set forth in the EJR are refuted by the analysis contained in the Addendum to Environmental Impact Report, dated July 31, 2002, prepared by the Town ofTiburon. .I. The 1;1\1,'/1 ell/fllef! jil/ds 111d1 ,I sllhsl.'I!lfl:J1J Of' \'IIJlfJ/":fIIl'lIlli/ F/R is I/O! iI{'jJl"o!)J'io!c.!i1r IhlS", ;;r.-!/cct, hused 1!/1 lIu,'Ji)Jlo1l'i/{g: nu:rl' IlUs h('(,/I 110 SlIhSlrl1lllill cll(ln.!'J~!O Jlt:R.,j 's \\lircll'.\'.\' 11e'/\)''uf'k [hut '""'. would J..'~,~li!! {I_.~~ _r!~~ l}~(!!~ !:\.'::(.~ ~l:J.I.!~~!!{ ~{-'.;~.0~ ;~!~I!!~~~~l~~~;!!!~ ~ ~~Ii!~ ~(~-!~ ~';1!!!~:!~ ~"""""'"'.' : " /ldop(iolll~/lh,' ({I'I'I'I/I/,il'(' sill:' 01/,J5 SI(l!,(I"!(){~/f)ril'" docs nor 1"I.'1{llirl' tl1(~i(!" /,cl'/sioIIS (II flrl.' ,HFR.-J f!R hC(.'{llIs(' rhe Chllll,'.!,C' docs nul /lIvo/l(;' iff:': ~ '. '.''J,!{ ~ I. UJf:':: '.'.' ! _ ~:!! ; : 1:,: ~J.I.1! ~I. ':'! ~ ~ 1.'.1. ~':((0!, J~ \:'. !!:: ~ .'/h.<;' ~ '..: ,~'!;~ 1/ i! ~ -'.~J.\: .IYL~~?: :1. L/~?:.1! ~'n . _ 1/ sU/).'i!anliol i/l(:n:lIs(:' il/ tll<: sCI'erity 1{/J/'('\'iIJ/lsr,: idt.'lIt{jied slgn!ficlllI! elf.'c/s. Till' \:vldell('\' in llit.' /'ec{)/'ii clear!.r es(oNisl/('s dUll tJ/(:}H.:ili~1" '.~ impud.... )\'ill he cOllsidl'raN)' redu('er! al the :';/{~~(/rl(!a.rsi/c ,--------..'---.-'-.---..'-"'..-1 I Deleted: F, . i ; Formatted: Font: 12 pt '. Formatted: Font: (Default) Times " New Roman, 12 pt '. Formatted: Font: (Default) Times ',. New Roman, 12 pt Formatted: Bullets and Numbering ....... Formatted: Plain Text, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at 1 + Alignment: Left + Aligned at: 0" + Tab after: OS' + Indent at: O.$" Formatted: Font: 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: 12pt Formatted: Font: 12 pt Formatted: Font: 12pt Formatted: Font: 12Pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12pt ". 'I' Deleted: The Town COUllcilllnds thaI .... IhcprojcClwollldnH1 hcinJuriou~ wlhc '.1 pllhlic heallh"afctyof~cncraJwctt\lrc Formatted: Font: (Default) Times New Roman, 12pt . Formatted: Font: (Default) Times ',' New Roman, 12 pt "', C I)ele~~: G , (.Deleted:lhi~~~~..,...",__.' .:..... ( Deleted: ~ . Formatted c'iiT Formatted: Bullets and Numbering Formatted r-..:r21 J Formatted: Bullets and Numbering 1 '( Formatted: Font: Times New Roman) Formatted: Font: rimes New Roman) Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Indent: Left: 1.38" 2. the (.'d"I'IIC(' ill !he' record does I/O! il/dicrlll.' tll(ll. silJce Iile' c('rt{jlcwiot! of-'.::,~'. (Formatted ... 3 ~ tl/(' AlF!?..1 J-:!R. [he c;rU//JISIUIICCS IiIldt'" \1'IJich Ihe fJmje'c! is ht'ilfg Formatted: Bullets and Numbering "'lfit'l'wllen !tdl't' c!tonger! !fl (/!I,I' '\J!!:,~'!~~'.I.r!:~(.IJ.(~,'.;.'.'~'.L~,.Y!,!~'Y.!:,:n'.(t!~I:'~~~!!~(!j!~(.....-.' Formatted: Font: Times New Roman '--...\ Formatted: Font: Times New Roman) rlBURON rOWN COUNCIL DRAFT RESOLUTION NO JULY Jl. 21102 5 i't'I'isioIlS in {he ('J/\'irUtlfI1CII{i/! illllN/er /'lPOI'(, The 1,<'c(Jul dol's 1/01 (:'Ollr(J/lI (/I1Y suhs/llmial e1'idt'llce Ill/c\\' sign(licill/l cl/l'i!'o/lllll'n1rtl (Jli,'crs, no/ dis('/ts.'~;ed il/ Ihe Ml::RA EIR, o/' (/ SlIhswnti(/{ iIlCrL'II,w: ill rht' .w~vcri(y I!/, jJr"I/io/lS(l: icl,:I/!Uied S;gll[ficill/( i;O;,'c!s. 3, Till' eliidcl/(\: in (hI;' /'1'('(J1"l1 docs 111)[ indil':(I{C tho! rhere is (fny ',i:-f.II!f/CIIIIl "U'.'-- Ill:: :'". ! ~ U.I;I! :'!! ~ ~(Jf !! ~ ~ .1. \~' { !.~Ijn _ ( ~I.e. .'.I! :,~(.i!! (~I)~. : {I!!!: . ( (~ Q :'! _ ~;I:I! h' (~'j!! ~ ~ ';\~. .'': J! !' ~::~I. ~ ;'~(! ,;'. . . . 1/111 knOll."/[ ond uJIIId flor II(/Vi: hCt'1I kl/OlI'l1 ii! the rime Iht' M/:.'N,l l:err!Jic'c! ' irs (II< P~~.(:'~~~I-'!!(~:!_i:'__u.......uuu_u.....nu _ .uu.......u.uu__.......uuu.......~ ", 1[, The Town Council" further finds" based upon the above.refercnced Addendum :md in ;cc~~d;nc~;';;thCEQ^ G~;"d~iin~s s~ciio;,sI5j6iibj.~nd-15164, that the proj'ect, as conditioned, would have less than sib'llificant impacts on the environment, would have lesser overall environmental impact than the MERA~approved Mount Tiburon facility. flnd that no furthe-,~ environmental review is re~uiredJlC'\-'ol/(1 that contained in the Add~ndum. .. . .. . .... . ..... m. ... ..m .. ... ..... f The I"l'cCl/'d dC/JIIIIlS/I'ill,"S iI/tll lire t'lI/crgl:/lCY /'(/dio cOlJ1lJ1ullit.IllilJIIS ,,:\'SII:/IIS !hr/Jlli~h'!lI! .., rhe C'OIIllI,': lll.,.'jlliling. J/fH//'s enu.'I','::(.'//(:': L'iJl11lf1l111icmldlls IIl:nvo/'k is 1IC'('(.'s,W/ly,/ill'thc' "/;)11.'/1 (~l Tilmrl)1I Illld othe]" ,HENtl II1clllht'rs {o IlliIill({/ill c/lk:rgL'lIL'Y /"(.','"/II)/I,\'(." s,'n:!cc, Accul'lling(l', Ilw (ll"t~it~l'f is e.\'l:mprli.o/JI erQ,:! III/dr'/' "~I J52()IJ/hI {~(tI/(' (,E'(H Gllidelil1L'.\. Nct'l'I'lh,:/r'ss. tin.' C.'(){I/Iei! litis ,~f{(di/'d Ih,~ C'nvi/'oll/1I"lIwl Wlf/lJfht')' itlll)(/('rs O/{!Jl' p/'ojl.'u 10 ,,'11.\"/1/\' c(JI!I!J!diol1 ,{Ihl:' '(,IIII~rg(~/'Icr uJIIltIlIIl/iuuiu/lS rlL'f\\'"ork lj'irh rht;' 1.11.,1 pl)ssihfl~ im{,IUd nil "/'(hll/'lm l't'sidellls... Section L Adootia" of Addendum. Adootion ofSul!arloaf Altemative, and Aooroval ofProiect. . NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town ofTiburon does hereby adopt the Addendum to Environmental Impact Report, dated July 31. 2002, docs hereby adopt the Sugarloaf alternative, and docs hereby approve the construction, operation, and maintenance of the Southern Marin Emergency Radio Facility at 145 SugarloafDrive, subject to the following conditions: I. The project shall be in substantial confonllancc with the drawings dated July 26. 2002, prepared by Tower Structures, 4 sheets. c:';ci'f-11 !hm Ihl.' /lUII/UfJlllc shull h(~ rcluct/led (perpendicular Ii) Place MOl/IiIl) !o (J positioll illlhl' i/IJIIIU/iufL' \."ie/ni!.\' ({rhe cxi....'illgji,'11CC aloll,l:, Plan: Alou/in. Fil1(1lloul!i(}!lI~r(hl~ IlIu//uj)()le i,\ slIr?fecr (0 M,\/H'f.) fll)pro\'(t! hf/St'lI /I{Jon rllcjinlll d(:sigllo{irs plan (0 mid (I lid ((:p!au: l1'{f{('I' [(IJ/ks Oil /h{~ sire. Minor deviations (up to (C14 fee~ ~~?r!~otg<1lly . along II/cfi..'ncL' and two feet vertically) in the location and/or height of facilities is permitted if necessary for the proper functioning of the facility, provided that such deviations do not negatively and substantially increase the visibility of the facility TIBURON TOWN COUNCI!' DRAFT RESOLUTION NO JULY ,,1,20D:! 6 '. .;7 ~ Formatted: Indent: left: '", Hanging: OS, Tabs: 1.5", List tab + Not at 1.63" Formatted:. Bullets and Numbering Formatted: Font: Times New Roman formatted: Font: Times New Roman Formatted: Font; Times New Roman , ( Deleted: ~ ' ., \ Deleted: H ' r--~.- . i Deleted:, I . ., lo;;;;;:::;:;::;~:;;:-~-1 ',supplc:mentaJofsubsequentEIR, _I ,( Deleted: than formatted: Indent: left: 0", Hanging: 0.5" r Deleted:,~ ~--=---=: '(E~~~,~Tfi:==~=-~ , , nor substantially increase RF emissions of the facility as measured at FCC- required locations. If lower heights are determined to be possible while still ensuring proper functioning, then the facility shall be lowered or otherwise reduced in scale or bulk.~~~,~,.f~~(ljtY.i.I!~~l~,~,~.s.~"'''hm.'' . Installation of an approximately 13-ineh diameter, 48.foot high monopole in the northeastern portion of the site. Attached to this monopole would be two (2) 14 inch high by 45-,i~,,,h.l!,nghsev_e~Gti.nc.h.\V.i.4!'. p'~~!'.l al)\e~_nas mount,,~ ,01) '.m, cross.bar, a four (4) foot diameter microwave dish and a whip antenna extending ten (10) feet above the top of the monopole. . Installation of an approximately 200 square foot (10' by 20') prefabricated equipment shed, an emergency bac~p'.g~.t}~~~.t~r!_~!'!~__~.~~Pp~~t~g.~.??g~g9n..__.___. propane tank on the northwestern portion of the site. . Excavation into the natural ridge on the northwest side of the site and construction of a retaining wall. varying in height from five feet to approximately ten feet. . J!~_~~))j!"!g _~~!9~.~ _t.~~ .~t~~_ t~ _~9.t).~~.~!. ~~_~ _~.~!1_<?p.~1.~ _ y.i.~. ':I_~~~rg~~~.~~ .t;~~_~~~! .~<?- ~~~ ancillary buildings and facilities. 2. The facil1ty 's ,p~~~r ~t:'::l.~gy IInd l!l:dio.,~!TI.~~~i~n_~_-~'!~(/1I rl:m.lli~1 IF/lhin .ten J.il'l"t"('II~_ o/the pl'l~je("[i()rls ill rltt' RF !~'.rp()sllr(' AfIll~)'sis prcpared hy Grec'n D/"{/kc Engineering)i)!" fhe fJrr~it'c! (JU(V 25, .:O{)~). fhe TOll-'ll Ivi/ln.'/rIin. (1/ JfFR..J 's l~"(pCIISC, "m_!:!dl'f)(:'!~IJt:f/.'..f.i!"n~,_ c~,:,..U(h'~/-'(!.(JeJ:fj.n:nl.~f expos.ureJ!,ui power dens~ty. analys(:,5:_ ,1:his rep.o~ mllst ~~f.1"f1~. t~e ~!19_i~gs.oXt~e_ HF E\f!~I,\'I!~:e__,:lll(l~\.',~is t\.'g,(JI~(!il?g tllll;(.'i/)(I!~,:d" e~is,~ions (\t'ithin ft'n P~_'/'C~'III.J.J)rior to instal1at~on of t~e facility. 3. /Is .\"(1011 (/\ ljIC-.'.!(wi//ry !Iel,-()/lIi'S u/'e!'driollill, Ihl: rOtHI \\-'i/t Ic\r rhc.fi/uhTl.' {(! emlll'l' rhlll elllissions slIbsrollfittlll' t'I)I!IJl~l' lVilll rill' /lr()jeui()J/.'; iI/ fhe IU' f::.q)()SIIIT .'1 f1uL)'sis. '/'he '1(111'11 \vill CU/Il!l,Cl J.'E!l.u~Lte~.~ng of~!~~_f~.~~I~~y'I~(~~'!' it hc(;omes opc/'(j{ioll(d JO efl:5ure that it c<?,ntj,nues to op~Tate withiT1F~C lin:t~!s for emissions. The TtJ\I'1/ s;;;/II ~:;)-,;;lllCI.fi-;r[I;;"I.:l'~,,~~;.~nl~/;(11/ ;1;(;-'-'I/()ddic{;li(~~I,\:'.ro .'-I;:~.' . equljJrllel/! Ullhc)(/(:iliIY Ihaf could in(.'/"l'us(' emissiotls, All (:/fl1(' uhm'I:' fl'.\lS dwll I)l: UI MU?A ',\ c."\pcnsl' 4. The Town shall enter into {III agreemen~ ~i.th. ~ER~ .and.MM~D that w?,uld guarantee that nOilddit/o/l1l1 commerclali.'(I/nIil/,Ininll;olls fa~iliti"es~v;l/ he InnlfC'd 011 thl' j}!"OfJcrlJ (Le., the site will not become an antenna fann). 5. A continuous 6 foot fence shall be constmcted around the facilities on the water tank lot, both for security and public safety reasons. flAIJRON TOWN COUNCIL DRAFT RESOLUTION NO, JULY .ll, 2002 7 . ,f--.E~,~et~~:_",_...__,,___ , , ".."...,..,---' . i Deleted: .[' Deleted: " i , i Deleted: ,-_._-"'._-'"'.'._"""-"-_.'-_.".""'-~"--'--- I. Deleted: _,haJlmeel all required FCC 1 ,thresllOldsflJr I .,' [~;:~~f::~,::~=:::::,~:~:=~ . i,!,,:~eted,:,.:~,,_.",,:~,,~',.". _,_,~_.,_.~_,_~~:,I i .!:I~d: ~.r:J!~,ST~~-"-=~= ~__I , i Deleted: i 1 '. i" Del~;;d';""':~~-:';:':;~':d:;--an~='l I Imkptlldent lil1llrClllficdl0pcrfonn,uch j analyses, ! . r\"~~"~----------'=--'-""'-"-""'-'-<-"'="='."~" , I Deleted: Tllwn'~ radio l'ngincering 'I ronsultanllhalalll'l'4UirelII'CC thleshold~ Illf tDv;~~t;d';':';:",;;;;;;T;~"""," '''''''''''''''-'-'''''1 \ Deleted: A ! i"~~"-.."-"""-,,,-,-,,,,,,,,,.'~-'=;';'r'''~'', \.~~!..~d: ~h_~!_~~~~~~_____,,_,.J on .. ,. ....,._---'-_.".\ Deleted: ~ Deleted: Deleted: cll.loCJliulluf wOl1ldlX:cur 6. To the extent practicable, the operator of the facility shall reduce height and mass and improve aesthetics of the facility as improvements in technology allow. pro\'idcd rhtll RF l'xplJsure levels do no( iI/crease at sl/I7'o/lI1ding properties. 7. The monopole, antennas, equipment shed. and other components ofthe/~_l.:!!i!Yh__ shall be finished in appropriate colors to blend in with the colors and materials of the adjacent hillside. Said colors and materials shall be approved by the Tiburon Planning Division prior to construction of the facility. The Town may require the monopole/antenna assembly to have an exterior treatment that will resemble, as closely as possible. a living tree similar in appearance to those surrounding the monopole. 8. Noise levels shall, at a minimum, comply with the Town ofTiburon noise compatibility guidelines as set forth in the General Plan Noise Element. In addition, to the extent feasible, decibel levels significantly below these levels shall be achieved. The equipment shed shall be designed to have ventilation or other characteristics that will serve to reduce the need for air conditioning. The air conditioning unit on the equipment shed shall use the quietest of avul1ablc machines as of this approval; shall be placed on the equipment shed in the location where the least noise shall be heard; and shall employ S(l/iJU(!~l.(;'!'~'~~, .......... baffles, covers, shields or other noise reduction pacbges or sound-reducing devices to further reduce noise heardpr adjacent hom"e~, particularly the residence\' at I Place Moulin ([lid ;] Pli~(~:~-Ai;)~"(/i;;. 'Th~ h~~k-;ip-gene~~t~r"s-h~ii be' enclosed ll"itli (/ S()/{l1d.illlL~11fI(l'il/g 1!/Ic!osl/rc and shall also employ solidJi:.'I/('''~~', baftles, covers, shields or other passive sound-reducing devices if necessary to minimize noise during its I1mited operations"............,..._ ....u..........................-_. " 9. The bac k,u.p_ g~.ry~~~l.to~ ~~_~J J.o~~~ "tq_~.~~~t;.?_t.<:~g!"!~~'"~. ~~<;b J~).',:.<!_J_~~!11i.~.~~~.i~ !'?.1:y~l_ during a mid-week morning no carlier than 10:00 AM. Outside of this testing period, it is authOlized to operate only in the event of a power outage and in that case only for the minimum time necessary until regular power is restored. 10. Vehicles accessing the site for testing, monitoring or other purposes shall to the extent feasible park inside the gates to reduce traffic congestion on the narrow streets in the vicinity. II. 111cre shall be no exterior lighting of the facility. 12. Warning signs in confonnance with FCC adopted guidelines shall be posted on or near the antennas to inform workers of potential hazards from close proximity. 13. It is acknowledged that some tree thinning and/or removal of trees may be required for proper operation oftre facility. Hili/ding (Jill/It' A/'boriclIlluml TmURON TOWN COllNCIL. DR..IFT RESnUJTION NO JULY J l. ~002 8 " -, ( Deleted: F . ~-,----~ . i Deleted: () i .... ?~~-,,~_."'--'~;="'._! '1Insert:ed: oct fClIces. .- :1' Deleted: [Thc T(I"'ll'S noisc c()nsull~1I1'1 ,sllal1i.1evelollnloreUelailcdconi.liliollsl, J rDelet.;d:'~----'-~~,J ",i. I I Report dated Ju~v J~). 2002, (/wu:hed as Exhibit "A ., hel"l'to, {~ 1!ee ~rotection and Landscape Screening Enhancement Plan shall therefore be prepa;~~i'f~~'~~v'i~~----" and approval by the Town ofTiburon Public Wo/'ks P~'l!.l!~.t~~~'!1J.P.Tj.<?~.!'},.....______..__,.. installation of the facility. This plan shall ensure that trees and vegetation on the site shall be preserved to the maximum extent feasible during site preparation, installation, and operation. The Plan shall be implemented within 30 days of installation of the facility. This Plan shall provide improved screening of the facillty from off~site. primarily but not exclusively from the properties located at 1 Place Moulin and 14\ SugarJoaf Drive. It shall, at a minimum, contain provisions for replacement of lost, dead or dying trees with the intent that landscape screening 15 a critical ongoing element to the successful co-existence of this facility in a residential area. Construction mitigation me(LWrCS contained \dthil1 Ethihil ",4" shall he incOIpomlt'c4......................... 14. All existing antennas on the site, excepting the Golden Gate Bridge District antenna, shall be removed upon successful installation of the facility. IS. Permittee shall operate and maintain the site to industry standards. This condition is in lieu of a standard performance agreement and security deposit with the Town as set forth in the Interim Standards & Criteria. 16. This permit shall expire and become nult and void within one year of final approval unless vested. This time limit shall be tolled by lawsuits or moratoria. PASSED AND ADOPTED at a special meeting of the Tiburon Town Council on July 31, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TffiURON ATTEST: TlBURON TOWN COUNCIL DRAFT RESOLUTION NO. JULY 31,2002 9 . ( Deleted: A _____J .,' ( Deleted: Division ., .. -...-....--, . [ Deleted: [ The Town'$ tree consultant Ji shall provide additional spc:cifi~ detai~._ DIANE CRANE IACOPI, TOWN CLERK TlBIJRQN TOWN COUNCIL DRAFrRESOl.lJTION NO. \shared\aJan fnrth\M E RA.re~o] ulion.uoc JULY 31,2002 " ., 10 Pat Echols Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA94920 EXUI a ,.,. \~A · . July 29, 2002 RECEIVED .:; '.,1 "oill'l'Z ARBORICULTURAL CONSULTING JUL 3 1 2002 PLANNING DIVISION TOWN OF TIBURON ARBORICUL TURAL REPORT Assessment of Tree Impacts and Replacement Specifications Proposed MIRA Installation - Sugar Loaf Drive Tank Site PURPOSE Moritz Arboricultural Consulting was hired to assess the site conditions, the health and structural condition the trees, assess potential impacts on trees from the installation of a antenna, and to recommend species for screening. The assessment was conducted on July 29, 2002. LOCA nON The subject trees are located on the MMWD Tank site near thc intersection of Sugar Loaf Dr. and Place Moulin. The trees serve to screen the 100,000 gallon redwood water tank (See attached site plan). SCOPE OF WORK I LIMIT A nONS Information regarding the proposed location of the antenna facility was provided by Mr. Pat Echols, the Department of Public Works, Town Engineer. Exact specifications for foundations, utilities or other support facilities were not available. This assessment was limited to visual observations about the health and condition of the trees and an analysis ofthe potential impacts of the installation ofa 33 inch diameter pier type foundation supporting an approximate 54 foot antenna. Two antenna locations were considered: the current location of the mock-up and a location six (6) feet north of the mock-up, adjacent to the fence. Visual screening and was also addressed. All observations and conclusions regarding trees, and site conditions in this report were made by me, independently, based on my education, experience, and inspection of the site. SUMMARY This report assesses the potential impact of antenna installation on screen trees at the Sugar Loaf Dr. X Place Moulin water tank location. Two alternative antenna locations within the site were considered (See map, Alt I and All. 2). The health and longevity of Montercy pine Trees I, 3 and 6 are questionable. The All. 1 location could impact the health and longevity of Tree 1 which screens the antenna from the east neighbor. Tree 6, which helps screen the All. I location from the west neighbor, is in severe decline and will not survive more than three years. The All. 2 location is predominantly scrcened by Tree 2, and Tree 2 is healthy and any impact from antenna installation on this tree can be mitigateu~-Tfee 1-4 wasstressecnma-killed-bylJeetles:-Tree-tS-is-stressed-and-wi ll-die-from-beetle-attack. Other screening could be installed along the east and west property lines to provide enhanced screening. Trees 16, 17 and 18, on the south cut slope edge, do not contribute to screening, are unstable and should be removed. All of the remaining trees and any new planting should be irrigated and maintained. 219 SHOI{I:UNI: I-IIC;HWAY MILL VALLI:Y CAUrol{NIA 91941 PH 415 381 2339 FAX 415 381 2674 ~. City of Tuburon - MIRA Site Arboricultural Assessment Moritz Arboricultural Consulting July 29, 2002 SITE The site was excavated out of the ridge for the placement of a 100,000 gallon water tank some years ago. It is level with the road on the north side ascending to a high rim on the west, south and east sides. The site also has a generator/equipment facility to the east of the tank. The antenna locations are to the northeast of the tank (See attached Arborist's Site Plan). The soils/root zones arc shallow, rocky and highly disturbed. The ridge top site is highly exposed to wind, particularly the trees located around the west, south and east rim quadrants. SPECIES Monterey Pine (Pinus radia/a) Monterey pine is one of the hardiest and fastest growing species in north central California. It is one of the relatively fcw species thriving in this ridge top area. It is, however, not without problems. Monterey Pine is one of the most hazard prone spccies in Northern California. There have been more reports of whole tree and branch failure for this species then for any other large species in Northern California. Fifty percent of the reported tree failures are wind-exposed, over-extended branch failures. Twenty-five percent are root failures mostly associated with leaning trees, highly exposed trees or trees with girdling roots. It has a relatively small root system in heavy, shallow or poor soils. "Roots of mature trees generally do not penetrate deeper than 2 fect, and are usually found in the top 12 inches of soil;" (USDA FS, Silvics of Forest Trees on the United States). The montcrey pines on the site are being attacked by beetles. Red TUl]lentine Beetle, Dendroc/onus valens, is one of many beetles called 'bark beetles'. Bark beetles often attack urban and suburban trees which have become stressed by devclopment impacts. The Red Turpentine Beetle commonly attacks the lower area of the trunk of Pine trees. The conspicuous reddish pitch tubes extend out an inch Irom the trunk. This beetle and its larva mine the cambium (the critical growing layer) immediately under the bark. Compact Blue Gum, Eucalyptus globulus 'compacta' This species/subspecies has multiple trunks and grows rapidly to a mature height of 50 plus feet and spread far greater than thc root system anchorage. It is considered an "undesirablc species". It has an extremely heavy wood and is prone to developing ovcr-extended limbs. It tends to lorm upright branches with weak attachments and crotches weakened by included bark that may wedge the crotch apart. These characteristics make it more pronc to structural failures. It has "brittle branches" (Maino and Howard, Ornamental Trees, UC Berkeley Press). Compact Blue Gum typically has a very shallow and limited root system, which in combination with its high live crown ratio and spreading foliated crown, causes this subspecies to be highly prone to whole tree failure. Coast Redwood, Sequoia sempervirens This species has few enemies that alTect tree health or stability other than fire, Brown Cubicle Rot, Poria sequoiae, w11itering ror;P.7illiipelluciilli:---RCiJwooQooes nornave tap rootsburwhere"ir-develops large, wide-spreading lateral roots, it is considered to have "better than average windf1rmness". Small trees have better than average wind-f1rmness and larger trees are wind-firm under most conditions (USDA, FS, Hand. Bk. 271, pg. 665)." City of Tuburon - MIRA Site Arboricultural Assessment Moritz Arboricultural Consulting July 29, 2002 In the heart of its range redwood is an extremely fast growing species, particularly coppice (second growth) stcms which have a well established root system from the start. Even tirst growth seedlings may grow 18 inches in the tirst year and saplings commonly grow 2 to 6.5 feet per year. It can tolerate the loss ofm~jor portions (30 to 50%) of its root system through stream cutting, sedimentation or mechanical removal and suffer no significant threat to the over-all health of the tree. It is also very tolerant of trimming and limb removal. Some ASSESSMENT The site supports 18 trees. The trees are located along the road on the north, ascending to the high rim on the northwest, along the cut edge of the rim on the west, south and east quadrants, then descending to the road elevation on the northeast. Six trees around the proposed antenna locations were given particular attention (Trees I through 6). Transect: A transect (a measured line along which objects are located) was installed along the road edge and the subject trecs were located at points along the transect. The zero point was placed at the center of the eastmost redwood along the road (roughly near the east MMWD property line) and extends west to 104' (T-to). Tree #1 Species Size Location Condition Monterey Pine (Pinus radia/a) 13.5" DBH. (Diameter Breast Height, 4.5 feet above grade) It is 14' along the transect and 6.5' up slope from the center of the Mock-up, All. 1. This tree has no signs of pests or disease but its long term survivability is questionable. It has is extensive bleeding due to summer trimming, which attracts bark beetles (Dendroc/onus valens), and the other pines on the site have mild to heavy beetle infestations. It has two major buttress roots extending toward the Alt. I location which could be severed by foundation excavation. It would not be impacted by the All. 2 location. This tree screens the Alt.! and 2 locations from the east neighbor. More likely than not this tree will not provide long tenn screening. Remove and replace. Construction Impact Screening. Conclusion Recommendation . Tree #2 Species Size Location Condition Coast Redwood (Sequoia sempervirens) 14.0" DBH. T-2 is located 17' along the transect, 9.9 feet north of the center of the mock-up antenna pole, immediately east of the eastmost gate pole and about two feet from the road edge. It is 4 feet northeast of the All. 2 antenna location (See map). It is in good condition in spite of the unfavorable site conditions - poor, shallow, rocKY, C1rougfity soils, anCl"liigli wino exposure. Approximafely50%ofits root system is paved over. However, coast redwoods are very tolerant of disturbance. The All. I location would have only a minor impact on this tree if construction mitigation measures are followed. Construction Impact City of Tuburon - MIRA Site Arboric'ultural Assessment Construction Impact Screening Conclusion Recommendation Tree #3 Species Size Location Condition Construction Impact Screening Conclusion Recommendation Tree #4 Speci(:s Size Location Condition Construction Impact Screening Conclusion Recommendation Moritz ArboriclIltllral Consulting July 29, 2002 The All. 2 location would have only a minor impact on this tree if construction mitigation measures are followed and irrigation provided. All. I - This specics is highly tolerant of root and limb cutting or disturbance. It is approximately 9.9 feet Irom the center of the proposed antenna foundation or 8.5 feet from the foundation edge. The antenna installation would not require the removal of any branches under this alternative. The tree would not be signilicantly impacted under this alternative. All. 2 - Tree #2 is approximately 4.4 feet from the center of the proposed antenna foundation or 3 feet from the foundation edge under this alternative. The antenna installation might require the removal of eight branches. The tree impacted to a minor extent under this alternative. This tree partially screens both potential antenna locations from the road and effectivcly screens both locations from the northeast and northwest properties across the road. It would also partially screen the Alternative 2 location from the east property. This tree will serve to effectively screen both locations if properly maintained. This tree should be irrigated and fertilized to provide more dense effective screening and to mitigate any construction impacts. Other mitigations should be tollowed (See attachcd sheet). Monterey Pine (Pinus radio/a) 10" DBH. T-3 is located cvcn with the zero point of the transcct up slope of Tree 4 and southeast ofT-I. This trce is stressed and the long term survivability is questionable in light of the beetle problem on the site. This tree would not be impacted by either antenna installation alternative. This tree helps screen both All. I and Atl. 2 locations from the cast property. This tree will not provide screening long term. Additional screening should be installed and maintained along the cast property line. Coast Redwood (Sequoia sempervirens) 12.0" DBH. T-4 is located at the zero point of the transect and 2.5' from the curb (See map). Fair condition. This tree will not be affected by the proposed construction. This tree helps screen both alternatives from the road and the northeast property. Tliistree issnowing signs of stress. This tree should be irrigated, fertilized and maintained to provide more dense effective screening. City ofTuburon - MIRA Site Arboricultural Assessment Tree #5 Species Size Location Condition Construction Impact Screening Conclusion Recommendation ~ Moritz Arboricultural Consulting July 29, 2002 Coast Redwood (Sequoia sempervirem) 7.0" DBH. Tree is located 10.8' along the transect and approximately 3' from the curb. T -5 is subordinate to adjacent vegetation. This tree is in fair condition. This tree will not be impacted by either installation alternative. This tree helps screen both alternatives from the road and the northeast property. ll1is tree could be cultured to provide enhanced screening. This tree should bc irrigated, fcrtilizcd and maintained to provide better screening. None of the trees bevond Tree #5 will be imnac/ed bv the vrooosed antenna ins/alia/ion. Tree #6 Species Size Location Condition Screening Conclusion Rccommendation Tree #7 Species Size Location Condition Screening Conclusion Recommendation Tree #8 Species Size Location Condition Screening Conclusion Recommendation Monterey Pine (Pinus radia/a) 14.5" DBH. Located 2' inside of the fence and 41.5' along the transect. This tree is also 3' from a utility box. Refer to attached map. T -6 has a severely sparse crown, and many of the leaves are chlorotic. The basc of the tree is completely surrounded and covered with pavement. This trce helps to screen the Alt. I location (mock-up) from the wcst property. This tree is in poor condition and cannot be relied upon for screening. It could die at any time and certainly will not survive more than 3 years. Remove and enhance roadside screening. Coast Redwood (Sequoia sempervirens) 7"DBH. Refcr to attached map. T -7 is located approximately 53.0' along the transect and north-northwest ofT-6. Low vigor. The tree's foliage is slightly chlorotic. No signs of pests or disease. This tree helps screen the site from the road and the northwest neighbor. This tree is in fair condition. This trec should be irrigated, fertilized and maintained to provide better screening. Monterey Pine (Pinus radia/a) 12.3" DBH. Located 66.5' along transect ami is south southwest ofT-7. This tree has been paved around the base and has poor lean and balance. The curb is 10.0' from the tree base and the fence is 6.5' from thc base. This tree is sapping out with minor presence of bark beetles (Dendroc/onus valem) in the base. There is fill accumulateil arounil-tne root crown of"thetree. This trec is redundant screening and not important. This tree is in poor condition. Remove and improve the condition of adjacent trees. City ofTuburon - MIRA Site Arboricultural Assessment Tree #9 Species Size Location Condition Conclusion Screening , Recommendation Tree #10 Species Size Location Condition Screening Conclusion Recommendation Tree #11 Species Size Location Condition Screening Conclusion Recommendation Tree #12 Species Size Location Condition Screening Conclusion Recommendation ... Moritz Arboricu Itural Consulting July 29, 2002 Coast Redwood (Sequoia sempervirens) 12.0" DBH. 68.0' along the transect and north-northwest ofT-8; immediately outside the fencc. This tree appears vigorous with no signs of pest or disease. However the roots from this tree are uplifting the concrete curb and road. It is crowding Tree 8.. T-9 is in good condition. T -9 provides primary screening of the general site from the road and the northwest property. This tree renders Tree 8 redundant sereening. Any root pruning or installation of root barriers to proteet infrastructure should be supervised and installed by the consulting arborist. Coast Redwood (Sequoia sempervirens) 8.0" DBH. Located 104.0' along the transect. It is the last tree west along the road. This tree is showing low vigor. This tree helps sereen the site generally. T -) 0 is in fair condition. This tree should be irrigated, fertilized and maintained to provide more dense effective screening. Coast Live Oak (Quercus agrifi)/ia) No measurement taken, approximately six inch caliper. Refer to attached map. Located 12' up slope from T-IO. This tree is juvenile in size and age. No signs or symptoms of pest or disease. This tree will have a significant role in sereening the antenna when it matures. This tree is in good condition. Monitor for changes in health and vigor. Monterey Pine (Pinus radia/a) 10.0" DBH. Located near the northeast comer of the west neighbor's home. This tree is very exposed and is at the edge of a steep eutslope. No pests or disease were observed but pines on the site are stressed and there is heavy beetle attack. Screening is important at this location but this tree is not appropriate or rcliable screenmg. This tree is in only fair condition. Plant new screening along west property line and remove Tree 12 once established. Tree #13 .Spccies Size Monterey Pine (Pinus radia/a) 10.0" DBH. City ofTuburon - MIRA Site Arborieultural Assessment Location Condition Screening Conclusion Recommendation Tree #14 Species Size Location Condition Conclusion Screening Recommendation Tree #15 Species Size Location Condition Screening Conclusion Recommendation Tree #16 Species Size Location Condition , Screening Conclusion Recommendation Tree #17 Species Size Location Condition Screening Conclusion Recommendation Moritz Arborieultural Consulting July 29. 2002 Located IS' due south ofT-12. This tree is very exposed and is at the edge of a steep cut slope. It is unstable. Screening is important at this location but this tree is not appropriate or reliable screemng. This tree is in only fair condition. Trim for stability and replace with new screening. Monterey Pine (Pinus radiata) 14.0" DBH. Located due south ofT-I3 and north-northwest ofT-IS. This tree is dead. It was stressed and was killed by bark beetles (Dendroctonus valem). Provides no screening. Remove and replace tree. Monterey Pine (Pinus radiata) 14.0" DBH. Located south-southeast ofT-14. This tree has a heavy bark beetle (Dendroclonus valens) infestation around the base of the tree. I counted 2S old and new beetle galleries on the base of the tree. This tree provides minor screening of the general site. Due to the high number of beetle galleries located in the base, this tree will die in the next year and is structurally compromised. Remove and replace tree. Blue gum Eucalyptus (Eucalyptus globulus 'compacta:> Large, mature tree with multiple trunks. No measurements taken. Located due east ofT-IS and south-southwest of the water tank. T -16 is very large and is too tall and spreading for the exposure and site conditions. It does not provide screening of the site. This tree is in fair condition but is unstable and provides no screening. Remove. Monterey Pine (Pinus radiata) 14.0" DBH. Located due east of T -16 and due south of the water tanle T-17 is overtopped by T-16 and has been force to grow to the eastern direction for sunligliCNo signs of pest or aisease. lfis exposeo ana unstaole. It does not provide screening. This tree is in fair condition. Remove. ". City of Tuburon - MIRA Site Arboricultural Assessment Moritz Arboricultural Consulting . July 29,2002 Tree #18 Species Size Location Condition Blue gum Eucalyptus (Eucalyptus globulus 'compacta ') Large tree with multiple trunks. Measurements not taken. Due east ofT-17 and southwest ofthc water tank on the edge ofthe cut slope. T- 18 is very tall and exposed with a lot of"sail" in the canopy. It is located on the edge of a cut slope. No signs of pest or disease. It is not stable. It does not provide screening. This tree is not stable. Remove. If it is not removed, crown contain or head back tree to reduce height and spread. Screening Conclusion Recommcndation RECOMMENDATIONS CONSTRUCTION MITIGATION o The consulting arborist shall establish the Tree Protection Zone (TPZ) prior to starting demolition or construction work. Orange plastic fencing, will be erected to limit access to the TPZ. This will protect the trunk and critical root zone (as defined by the arborist) throughout the construction period. o The Arborist shall have a pre-construction meeting with contractor and all other foremen or crew managers prior to any work. They shall review work procedures, access and haul routes, and tree protection. The contractor must notifY the Arborist if roots are exposed or if trunk or branches are wounded. o Any trunk and root crown that is not protected by a TPZ should be protectively wrapped per tbe arborist's specifications prior to demolition of any structures or construction. o Storage of equipment witbin root zones shall be on aspbalt or ground protected by mulcb and possibly plywood in an area specified by the arborist in consultation with the contractor prior to the initiation of any demolition, excavation or construction activity. o . Heavy equipment use should be limited around trees and tbe roots. No beavy equipment may be transported or used on bare ground within the critical root zone. A 6" layer of mulch and plywood must be placed under the path for access and egress. o Any damage to trees due to demolition or construction activitics shall be reported to the arborist witbin 6 hours, so that remedial action can be taken. o All trenching within the critical root zones of preserved trees shall be done pneumatically or by Iianu. o The consulting arborist shall over-see all grading, trenching, tunneling or othcr excavation within the critical root zones of preserved trees. , ~ ' ~ City of Tuburon - MIRA Site Arboricultural Assessment Moritz Arboricultural Consulting July 29,2002 o No chemicals or masonry waste materials shall bc dumped in the eritical root zones of the trees. o Any minor roots (<3.0") encountered should be cut cleanly with a saw after excavation. o Any tree pruning will be done in accordance with ISA standards. All pruning will be supervised by the arborist. o The soil and drainage shall be rehabilitated to provide adequate aeration and water infiltration. All debris shall be removed from critical root zones after construction. o The arborist must perform a final inspection to insure that no unmitigated damage has occurred and to specify any pest, disease or other health care. The arborist shall specify and oversee any necessary restorative actions. o A supplementary irrigation system designed by the Arborist shall be installed where necessary. SCREENING ENHANCEMENT A Partial List For Tree Replacement: The following species were seleeted for the MlRAlMMWD site: . Incense cedar (Calocedrus decurrem) . Coast Redwood (Sequoia sempervirens) . Canary Island Pine (Pinus canariensis) . Douglas fir (Pseudotsuga menziesii) . Other adapted specics available upon request. Shrub Replacements: Screening cnhancement or replacement may be better achieved with tall shrub species. 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