HomeMy WebLinkAboutTC Ord 2005-11-02
ORDINANCE NO. 490 N. S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON AMENDING
PROVISIONS OF CHAPTER 16 (ZONING)
OF THE TIBURON MUNICIPAL CODE REGARDING
WIRELESS COMMUNICATION FACILITIES
The Town Council of the Town of Tiburon does ordain as follows:
Section L
Findines.
A. The Town Council has held duly noticed public hearings on October 19,2005 and
November 2,2005, and has heard and considered public testimony on the proposed
amendments.
B. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
C. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and policies of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon.
E. The Town Council finds that this project is categorically exempt from the requirements
of the California Environmental Quality Act per Section 15308 of the CEQA Guidelines
and under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Section 2.
Amendments to Chapter 16.
A. Chapter 16, Section 16-1.5 of the Tiburon Municipal Code is hereby amended to add the
following definitions:
Antenna: Any device or system of devices, such as poles, panels, rods, reflecting
discs or similar or other objects, used for the transmission or reception of electromagnetic
signals, including but not limited to radio waves and microwaves.
Antenna, Amateur Radio: A ground-,building-, or tower-mounted antenna
operated by a federally licensed amateur radio operator as part of the Amateur Radio
Service and as designated by the Federal Communications Commission (FCC).
Antenna, Building-mounted: An antenna or antenna structure mounted on a
building or rooftop, including a water tanle
Wireless Communication Facilities Ordinance - Adopted 11/2/2005
Antenna, Direct Broadcast Satellite Service (DBS): An antenna, usually a small
home receiving dish, designed to receive direct broadcast from a satellite.
Antenna, Ground-Mounted: Any antenna or antenna structure which is not
mounted on a building or rooftop, and usually anchored directly to the ground.
Antenna, Multipoint Distribution Services (MDS): An antenna designed to
receive video programming services via multipoint distribution services, including
multipoint multi-channel distribution services, instructional television fixed services, and
local multipoint distribution services.
Antenna, Reception Window: The area within the direct line between a satellite
antenna and orbiting communications satellites transmitting signals.
Antenna, Satellite: Any antenna used to receive and/or transmit radio or television
signals from orbiting communications satellites.
Antenna, Satellite Earth Station (SES): An antenna designed to receive and/or
transmit radio frequency signals directly to and/or from a satellite.
Antenna, Television Broadcast Service (TVBS): An antenna designed to receive
only television broadcast signals.
Antenna Structure: An antenna and its associated support structure, such as a mast
or tower (but not to include a suspended simple wire antenna) that is used for the purpose
of transmitting and/or receiving electromagnetic signals, including but not limited to
radio waves and microwaves.
Antenna Structure, Freestanding: An antenna structure or mast that is not
attached to a building, fence or other such structure. Freestanding antenna structures
include communications towers, wooden utility poles, standard or decorative concrete
and steel monopoles. If the total height of the structure, including the antenna, exceeds
fifteen (15) feet it shall be treated as a Monopole.
Antenna Structure, Monopole: A ground-mounted antenna structure, often tubular
in shape, made of metal, reinforced concrete or wood, which exceeds fifteen (15) feet in
height.
Electromagnetic Field (EMF): Fields of radiation produced by all
electromagnetic waves, from gamma rays to radio waves. The EMF produced by
wireless communication facilities is radio frequency (RF) radiation.
Related Equipment: This term means all equipment appurtenant to the
transmission and/or reception of voice and data via radio frequencies. Such equipment
may include, but is not limited to, cable conduit and connectors, equipment pads,
equipment shelters, cabinets, buildings, and access ladders.
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Satellite Dish: See "Satellite Antenna" under "Antenna, Satellite".
Visually Inevident: This term means that any component of a WCF, while
possibly visible to a person with normal vision from street level, is such that it is not
visually distinguishable as an antenna or other component of a WCF due to sufficient
camouflage, design, screening, building or architectural integration, or other factors.
Wireless Communication Facility (WCF): A facility that transmits and/or
receives electromagnetic signals, including without limitation, antennas, microwave
dishes, satellite dishes, and other types of equipment for the transmission or reception of
such signals, monopoles or similar structures supporting the equipment, equipment
buildings, shelters, cabinets, parking area and other accessory construction.
W.ireless Communication Facility - Co-located: A wireless communication
facility comprised of a single telecommunication tower or building supporting one or
more antennas or similar devices owned or used by more than one public or private
entity.
Wireless Communication Facility - Shared Location: More than one
telecommunications facility comprised of multiple antenna structures and other structures
used for the support of antennas operated by one or more carriers where such antenna
structures and other structures are located on the same lot or parcel.
Wireless Communication Facility Standards: A set of standards, adopted by
Resolution of the Town Council, applYing generally to review of applications for wireless
communication facilities.
B. Chapter 16, Section 16-2.2.2(k) of the Tiburon Municipal Code is hereby amended to
read as follows:
(k) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
C. Chapter 16, Section 16-2.4.2(k) of the Tiburon Municipal Code is hereby amended to
read as follows:
(k) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
D. Chapter 16, Section 16-2.5.2(k) of the Tiburon Municipal Code is hereby amended to
read as follows:
(k) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
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E. Chapter 16, Section 16-2.6.2(k) of the Tiburon Municipal Code is hereby amended to
read as follows:
(k) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
F. Chapter 16, Section 16-2.7.2(f) of the Tiburon Municipal Code is hereby amended to read
as follows:
(f) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
G. Chapter 16, Section 16-2.8.2(f) of the Tiburon Municipal Code is hereby amended to read
as follows:
(f) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
H. Chapter 16, Section 16-2.10.2(d) of the Tiburon Municipal Code is hereby amended to
read as follows:
(d) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
I. Chapter 16, Section 16-2.11.2(52) of the Tiburon Municipal Code is hereby renumbered
as Section 16-2.11.2(53).
J. Chapter 16, Section 16-2.11.2(52) of the Tiburon Municipal Code is hereby added to read
as follows:
(52) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
K. Chapter 16, Section 16-2.13.2(f) of the Tiburon Municipal Code is hereby renumbered as
Section 16-2.13.2(g).
L. Chapter 16, Section 16-2.13.2(f) of the Tiburon Municipal Code is hereby added as
follows:
(f) Wireless communication facility; radio, microwave, and TV transmitter and
broadcasting station, including amateur and professional;
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M. Chapter 16, Section 16-4.1 (d) of the Tiburon Municipal Code is hereby amended to read
as follows:
(d) Secondary dwelling unit permits;
N. Chapter 16, Section 16-4.1 (k) of the Tiburon Municipal Code is hereby deleted.
o. Chapter 16, Section 16-4.2.2(c) is hereby amended to read as follows:
(c) Placement or installation of swimming pools and/or spas; placement or
erection of satellite dishes greater than one meter in diameter, skylights, and/or
devices of a similar nature, as determined by the Planning Director or his
designee. (Please note that the placement of signs does not require Site Plan &
Architectural Review, but does require a "sign permit", pursuant to Chapter 16A
of the Tiburon Town Code.)
P. Chapter 16, Section 16-4.13 of the Tiburon Municipal Code is hereby added to read as
follows:
16-4.13.00 Antennas and Wireless Communication Facilities
Sec. 16-4.13.010. Purpose and Intent.
The purpose of this section is to establish a comprehensive set of zoning requirements for
antennas and wireless communication facilities (hereinafter "WCFs"). These regulations are
intended to provide for the managed location and development of antennas and WCFs in a
manner that recognizes and enhances the community benefits of wireless communication
technology and reasonably accommodates the needs of citizens and wireless communication
service providers in accordance with federal and State rules and regulations, while at the same
time protecting neighbors from potential adverse impacts of such facilities; preserving the visual
and other characteristics of the established community and the natural beauty of hillsides and
ridgelines.
Sec. 16-4.13.020. Exemptions.
The requirements imposed by this section shall not apply to certain antennas or antenna
structures, as set forth in this subsection, unless otherwise specified herein. Each such exempt
facility listed below shall fully comply with any other applicable requirements of the Municipal
Code to the extent not specially exempted in this subsection, including but not limited to the
California Building Code, California Electrical Code, California Plumbing Code, California
Mechanical Code, and California Fire Code.
(a) Direct Broadcast Satellite (DBS) antennas and Multipoint Distribution Services
(MDS) antennas measuring one (1) meter or less in diameter (or diagonal measurement).
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(b) Television Broadcast System (TVBS) antennas provided: a) the antenna is located
entirely on and/or above the subject property, and b) no portion of any ground mounted antenna
is within a required front yard setback for the main building, in front of the main building, within
a required side yard setback of a corner lot, or adjacent to a street. All TVBS antennas greater
than three (3) feet in height shall require site plan and architectural review and building permits
pursuant to the Tiburon Municipal Code for review of placement to insure that maximum safety
is maintained.
(c) Satellite Earth Station (SES) antennas measuring two (2) meters or less in diameter
(or diagonal measurement) located on a property within any Commercial, Office, or Public
Zoning District, provided that: a) the antenna is located entirely on and/or above the subject
property; and b) no portion of any ground mounted antenna is within a required front yard
setback for the main building, in front of the main building, within a required side yard setback
of a comer lot or adj acent to a street. All SES antennas shall require measuring more than one
(1) meter in diameter shall require site plan and architectural review and building permits
pursuant to the Tiburon Municipal Code for review of placement to insure that maximum safety
is maintained.
(d) Antennas and antenna structures constructed by or for Federal Communications
Commission (FCC)-licensed Amateur Radio operators shall require a conditional use permit
pursuant to Section 16-4.4 of this Code, a site plan and architectural review permit if required
under Section 16-4.2.2 of this Code, and shall be subject to provisions of subsection 16-4.13.060,
but shall not be subject to review under the Town of Tiburon Wireless Communication Facilities
Standards.
( e) A proposed facility shall be exempt from the provisions of this section if, and to the
extent that, rules and regulations of the FCC or the provisions of a permit issued by the
California Public Utilities Commission (CPUC) specifically provide that the facility is exempt
from Town regulation.
Section 16-4.13.030. Public Notice of Application Filing.
Within fifteen (15) days after the filing of a conditional use permit application for a WCF
with the Town, the Town shall give written notice of said filing to all property owners within a
six hundred (600) foot radius of the proposed facility, to a newspaper of general circulation
within Tiburon, and to the presidents or their designees for receipt of notices of each of the
affected homeowners associations as determined by the Director of Community Development.
Notice of the filing of the application shall also be posted by the Planning Division on the
Town's web site and on the public notice bulletin board outside Town Hall within fifteen (15)
days of the date of the filing of the application, and such notice shall remain in such location for
a period of at least thirty (30) days thereafter. For applications on land owned by a public
agency other than the Town of Tiburon, written notice and a copy of the Town of Tiburon's
WCF regulations shall be provided to the public agency within fifteen (15) days of filing of the
application.
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Section 16-4.13.040. Review and Approval.
(a) Any person who proposes to install or operate a WCF shall first obtain approval
of a conditional use permit pursuant to Section 16-4.4 of this Code, unless the facility is exempt
from securing said permit under subsection 16-4.13.020. The acting body may approve a
conditional use permit application for a WCF only upon making the finding that the project is
consistent with this section and is in substantial compliance with applicable requirements of the
most current Town of Tiburon Wireless Communication Facilities Standards adopted by
resolution of the Town Council.
(b) Any person who proposes to install or operate a WCF shall first obtain approval
of a site plan and architectural review permit pursuant to Section 16-4.2.2 of this Code, unless
the facility is exempt from securing said permit under subsection 16-4.13.020.
(c) Exceptions. The acting body may grant an exception to any requirement of this
section 16-4.13 or any mandatory standard contained within the Wireless Communication
Facilities Standards upon making findings that: a) strict compliance precludes the reasonable
accommodation of the communication needs of the operator as set forth in federal and/or State
rules and regulations; b) there are no other feasible alternatives; and c) either state or federal law
require the Town to issue the exception or the exception will serve the public interest despite the
conflict with the mandatory standards.
Section 16-4.13.050. Length of Permit; Mandatory Review.
A conditional use permit for a WCF shall be valid for an initial period of one (1) year
from the date of final discretionary approval, and shall, upon application by the permit holder,
have conducted a mandatory review by the Planning Commission prior to its expiration. The
permit may be extended for a period no longer than five (5) years after the holding of a public
hearing for the purposes of verifYing continued compliance with the findings and conditions of
approval under which the application was originally approved, as well as compliance with any
other applicable provisions provided for in the Municipal Code. Additional reviews are required
every five (5) years, unless a longer time period is approved by the acting body. The permit
holder shall be solely responsible for timely filing of, and for all costs associated with, the
processing of applications for mandatory reviews.
Section 16-4.13.060. Amateur Radio Antennas and Associated Antenna Structure~; Special
Provisions.
(a) Amateur radio antennas and associated antenna structures shall be the minimum
height and size necessary to reasonably accommodate the operator's communication needs, in
accordance with FCC regulations as set forth in FCC Order "PRB-l" and Section 97.15 of Title
47 of the Code of Federal Regulations, and in accordance with California Government Code
Section 65850.3, or the respective successor sections thereto.
(b) No portion of any amateur radio antenna, associated support structure or related
equipment shall overhang a property line that is not part of the subject site at any time.
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(c) Retractable monopoles may be required for amateur radio antenna structures over
thirty (30) feet in height that are in or within three hundred (300) feet of any Residential Zoning
District, as set forth in section 16-2.1 of the Tiburon Municipal Code. At times when not in
operation, the monopole may be required to be retracted to the lowest elevation possible in order
to maintain a safe clearance above any nearby building, accessory structure, overhead utility,
landscaping and/or any other site improvements.
(d) No amateur radio antenna or facility shall be sited or operated in such a manner
that it poses, either by itself or in combination with other WCFs, a potential threat to the public
health. To that end, no facility or combination of facilities shall produce at any time power
densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE)
limits for electric and magnetic field strength and power density for transmitters or any
applicable more restrictive standard subsequently adopted by the Town, county, state or federal
government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin
65 or any successor document thereto, is mandatory, and any violation shall be grounds for the
Town to immediately terminate any permit granted hereunder, or to order the immediate service
termination of any non-complYing facility within the Town.
Section 16-4.13.070. Correction oflnterference Problems.
To the extent allowed or required under applicable federal rules and regulations, the
operator of a WCF shall correct interference problems experienced by any person or entity with
respect to such person's or entity's equipment, including but not limited to television, radio,
computer, and telephone reception or transmission, when said interference is caused by the
WCF. If a federal agency with jurisdiction over such matters finds that a WCF is operating in
violation of federal standards regarding interference, the operator shall bring the WCF into
conformance with such standards within the conformance period established by the federal
agency. In the event that the federal agency does not establish a conformance period, the
operator shall bring the WCF into conformance within thirty (30) days of notification by the
federal agency. The operator shall provide the Director of Community Development with a copy
of any notice of such violation issued by any federal agency within fifteen (15) days of receipt.
Any violation of the provisions of this section shall be grounds for the Town to terminate any
permit granted hereunder and/or to order the immediate termination of service from the WCF.
The operator shall be responsible for all labor and equipment costs for determining the source of
the interference, all costs associated with eliminating the interference, (including but not limited
to filtering, installing radio frequency cavities, installing directional antennas, powering down
systems and engineering analysis), and all costs arising from third party claims against the Town
attributable to such interference.
Section 16-4.13.080. Removal of Discontinued Facilities Required.
Antennas, support structures and related equipment shall be removed within one hundred
eighty (180) days of the discontinuation of the use of a WCF and the site shall be restored to its
previous condition. The service provider shall provide the Director of Community Development
with a notice of intent to vacate the site a minimum of thirty (30) calendar days prior to
vacation. For facilities located on Town property, this requirement shall be included in the terms
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of the lease, license or other such agreement. For facilities located on other sites, the property
owner shall be responsible for removal of all antennas, structures and related equipment within
one-hundred eighty (180) days of the discontinuation of the use. A monetary security, in a form
and amount acceptable to the Town Attorney, shall be required as a guarantee for WCF removal
and site restoration.
Section 16-4.13.090. Nonconforming Facilities.
Any WCF in existence prior to December 2, 2005 that is nonconforming to the provisions
of this section may continue to be used. Such nonconforming facilities may continue to be
operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified in
any material manner, as determined within the reasonable discretion of the Director of
Community Development, without conforming to provisions of this Section 16-4.13.
Notification of non-material modifications shall be provided within thirty (30) days to the
Planning Commission by the Director of Community Development.
Section 16-4.13.100. Maintenance of List and Map ofWCF Locations.
The Town shall maintain a map and list of the location of all WCFs within the Town
permitted under this Section and shall make this information readily available to the public
through a combination of methods such as availability at the Community Development
Department and posting on the Town's web site. The map and list shall refer interested parties
to the Community Development Department for additional information.
Section 3.
Severab ilitv.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconsti tutional.
Section 4.
Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage.
Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance
shall be prepared by the Town Attorney. At least five (5) days prior to the Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary,
and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen
(15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary, and
(2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along
with the names of those Council members voting for and against the ordinance.
Wireless Communication Facilities Ordinance - Effective 12/2/2005
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This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on October 19,2005, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on November 2,2005, which was noticed pursuant to Government Code
Section 65091, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Smith
NOES:
COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS: None
~~~
TOWN OF TIBURON
ATT;tP}1{jtf fic~'
Dk CRANE IACOPI, TOWN CLERK
Wireless Communication Facilities Ordinance - Adopted 11/2/2005
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