HomeMy WebLinkAboutTC Res 2010-06-02 (2)RESOLUTION NO. 29-2010
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ADOPTING UPDATES TO THE TOWN'S
WIRELESS COMMUNICATION FACILITIES (WCF) STANDARDS
WHEREAS, on January 2, 1997, the Tiburon Town Council adopted Resolution
No. 3204, which established Interim Standards for Wireless Communication Facilities
(WCF's); and
WHEREAS, on July 2, 1997, said Interim Standards were modified by adoption
of Resolution No. 3231 of the Town Council; and
WHEREAS, on December 2, 2005, the Town Council adopted Resolution No. 55-
2005, which adopted a comprehensive update of the Town of Tiburon Wireless
Communication Facilities (WCF) Standards, superseding the previously adopted Interim
Standards; and
WHEREAS, the Town of Tiburon has prepared an update of its Wireless
Communication Facilities Standards document, primarily to reflect recent updates to the
Tiburon Zoning Ordinance (Title IV, Chapter 16 of the Tiburon Municipal Code); and
WHEREAS, the Town Council finds that the adoption of the WCF Standards
update is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council does hereby
adopt the updated Wireless Communication Facilities (WCF) Standards, attached hereto
as Exhibit "A", with said Standards to become effective June 2, 2010.
BE IT FURTHER RESOLVED that the Town Council does hereby declare all
previously-adopted Town of Tiburon WCF Standards to be superseded by Exhibit "A".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on June 2, 20105 by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell &
Slavitz
Tiburon Town Council Resolution No. 29-2010 June 2, 2010
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ATTEST:
J.~
DIANE CRANE IACOPI, TOWN CLERK
None
Collins
LAVITZ, TING MAYOR
OF TIB ON
Tiburon Town Council Resolution No. 29-2010 June 2, 2010 2
EXHIBIT NO.
TOWN OF TIBURON
WIRELESS COMMUNICATION FACILITIES (WCF)
STANDARDS
Originally Adopted by
Tiburon Town Council on December 2, 2005
Resolution No. 55-2005
Revised on June 2, 2010
Resolution No. (Draft)-2010
Prepared by the
Town of Tiburon
Community Development Department
TABLE OF CONTENTS
Section
Pa e
1. Purpose and Applicability
1
II. Policy for Other Public Agencies
1
III. Application Submittal Requirements
1
IV. General Requirements
6
A. Development Standards
6
B. Location and Structure Standards
7
C. Design and Operational Standards
8
1. EMF Radiation Exposure Limits
8
2. Visual Compatibility and Design
8
3. Vegetation and Screening
9
4. Noise and Traffic
10
5. Roads and Access
10
6. Lighting
11
V. Standardized Conditions of Approval
11
APPENDICES
A.
Partial List of Definitions Related to WCFs and Antennas
12
B.
Municipal Code Section Regulating WCFs and Antennas
15
C.
Application Checklist for Conditional Use Permits
20
D.
Map Showing Location of Tiburon Planning Area and Tiburon Ridge
22
E.
Excerpts from Noise Element of the Tiburon General Plan
23
F.
Sample Written Authorization Form for Retention of WCF Consultant
27
G
Checklist of General Requirements for WCFs
29
H.
Town of Tiburon Local Historic Landmarks
33
1.
Local Historic Inventory of Buildings in Downtown
34
J.
Standardized Conditions of Approval List
35
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010
I. PURPOSE AND APPLICABILITY
The Town of Tiburon recognizes the public will benefit from the orderly development of
wireless communications facilities (hereinafter, WCFs), among which benefits are 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 telecommunications services
with the public interest regarding the location, design, and operation of WCFs.
These Wireless Communication Facilities Standards (hereinafter "Standards") provide a uniform
set of standards for the orderly development and operation of WCFs in order to avoid or
minimize land use conflicts related to compatibility of uses, visual resources, public safety, and
environmental impacts in accordance with State and Federal law. The Standards will facilitate
the efficient and effective processing of permit applications for new or expanded WCFs. Users
are directed to Chapter 16 (Zoning) of the Tiburon Municipal Code for definitions of terms used
in these Standards. The Municipal Code can be accessed at -www. ci. tibur'on. ca. its. A partial list
of definitions is contained in Appendix A.
These Standards apply to WCFs as specified in the applicable section(s) of the Tiburon
Municipal Code, attached as Appendix B. The Town shall review permit applications for said
WCFs for conformance with these Standards in addition to other applicable Town land use
regulations. These Standards are not intended to regulate WCFs based on the environmental
effects of radio frequency (RF) emissions to the extent that the predicted and/or actual emissions
comply with applicable Federal Communications Commission (FCC) guidelines of the
Telecommunications Act of 1996, and any amendments or successors thereto.
II. POLICY FOR OTHER PUBLIC AGENCIES
These Standards are binding on other public agencies to the fullest extent allowed by law. The
Town hopes, expects and requests that public agencies that might be, or are, legally immune
from the Town's land use regulations will nevertheless respect and abide by these Standards.
III. APPLICATION SUBMITTAL REQUIREMENTS
Development applications for conditional use permit for a WCF shall be accompanied by the
materials listed in this section, in addition to current application fees and the standard
information items required for Conditional Use Permit applications (see Appendix C). The
Director of Conununity Development (hereinafter "Director") may waive the requirement for
submittal of any information described herein that the Director determines is inapplicable based
on project-specific factors, and shall promptly notify the Planning Commission of such waiver.
The Planning Commission and/or Town Council maintain the authority to subsequently require
submittal of any information that the Director initially deemed inapplicable. Required materials
are as follows:
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010
A. Network Facilities Plan. An applicant's updated network facilities plan for, at a
minimum, the entire Tiburon Planning Area, as well as the City of Belvedere and
the Strawberry Peninsula (see Appendix D), including the information listed
below pertaining to the provision of service over the duration of the network
facilities plan:
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 set forth the location,
type, number and appearance in scale drawings of antennas and base
transceiver stations at each facilities site at five (5) year intervals. The
network facilities plan shall state the number of subscribers that can be
served, disclose excess capacity, if any, designed into the WCF, and
intentions for future use of such excess capacity, including subleasing
intentions, co-location intentions, and any intentions for expanding
capacity.
3. A 500-scale map (1 inch equals 500 feet) of Marin County depicting the
geographic location and boundaries of all coverage areas (or capable of
coverage, i.e., search rings) planned by the carrier, the location of the
carrier's facilities sites within each coverage area (facilities sites should be
identified on the map by numbers corresponding to the list from III.A.2
above), and the location of all other existing WCFs within the Tiburon
Planning Area, City of Belvedere, and the Strawberry Peninsula.
Topographic maps published by the United States Geological Survey
(USGS) should be used to prepare base information for the service area
maps. The network and coverage area map(s) may be combined into a
single map as long as the scale of the map is large enough to provide for
site-specific analysis within the coverage area boundaries. Carriers are
encouraged to consult with the Planning Division prior to submittal of
permit applications for guidance regarding an acceptable format for the
map information.
4. A 500-scale (1 inch equals 500 feet) map showing areas not covered by
the proposed facilities, for ease in seeing where service will not be
provided.
5. A 500-scale (1 inch equals 500 feet) map showing where new or
additional facilities are expected to be needed to service new subscribers
when the initial system is fully subscribed.
B. Subject WCF Information. The following information and materials shall be
submitted with respect to the specific WCF that is the subject of the application:
1. A separate coverage area map or maps for the proposed WCF, including
the applicable information described in III.A.3 and III.A.4 above as it
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 2
pertains to the coverage area within which the proposed WCF is sited.
2. A Site Plan on a 24 inch by 36 inch sheet of paper, and an 11 inch by 17
inch reduction of the site plan, which shall include the following
information:
a. Property lines of the subject parcel.
b. Location and naives of adjacent streets and/or driveways proposed
to serve as access to the facility.
C. Topography in two foot contour intervals.
d. Location of drainage improvements within or adjacent to the site.
e. Location of proposed construction, including all towers, structures,
buildings, equipment, generators, antennas, utility line extensions,
driveways, roads, parking areas and other proposed improvements.
f. Numerical setbacks of proposed structures and improvements from
the property lines.
g. North arrow, graphic scale, name of preparer, and date prepared.
h. Footprint and use of existing buildings within two hundred (200)
horizontal feet of the subject property lines.
3. A statement indicating whether the WCF is proposed as a co-location site
or shared-location site, along with information on the capacity of the site
to support other or additional WCFs in either co-location or shared-
location arrangements.
4. Number, type, and sizes of antennas, approximate orientations, and the
true compass direction of all transmissions, together with detailed
descriptions of towers or other structures or facilities necessary to support
and/or house the WCF.
5. Elevation drawings indicating the heights and dimensions of the WCF
elements. Carriers must demonstrate that facilities have been designed to
attain the minimum height required from a technological standpoint for the
WCF on the proposed site. In the event the applicant wishes to change the
design or specifications of the WCF after initially submitting the
application, but prior to approval by the Town, such changes must be
submitted to the Town together with such other information that the
Director determines is required to evaluate the proposed changes,
including the updating of information previously submitted.
6. Equipment enclosure type and size, and proposed noise abatement
methods necessary to comply with the Tiburon General Plan and any
applicable Town noise regulations.
7. Construction time-frame for the WCF.
8. A materials and colors board (81/2 inches by 11 inches) showing the
proposed materials and colors for antennas, support structures, and other
facilities.
9. Detailed description and plan of proposed lighting (artificial lighting
allowed only if required by federal rules or regulations).
10. Description of any proposed signage, including identification signage.
11. Description of vehicular access to facility and detail drawings of safety or
other fencing for the site, including height and materials specifications.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 3
12. Description of utility line extensions needed to serve the WCF.
13. A written description of all back-up power sources, if proposed, including,
but not limited to, the size and capacity of fuel, propane or other tanks and
equipment, type of fuel proposed to be used, compliance with all fire and
safety requirements related to such power sources, and complete technical
specification for all such power sources.
14. A written description of the type of technology and type of wireless
communication services the WCF will provide.
15. A written description of any new, non-proprietary technology associated
with the WCF that will serve to reduce the impact of the WCF, of which
the applicant is aware, after having conducted a good faith and duly
diligent search to obtain current information about such technology. The
applicant shall confirm and provide supporting evidence in writing that a
good faith and duly diligent search was conducted.
16. An acoustical analysis and report prepared by a licensed and/or accredited
sound engineer certifying that the noise to be generated from the proposed
WCF will comply at all times with the Noise Element provisions (see
Appendix E) of the Tiburon General Plan and with any other Town noise
regulations in effect at the time of the filing of the application. Said report
shall include, without limitation, a written description of all noise
generated by the facility, including, without limitation, retractable
monopole motors, antenna rotators, power generation, heating or air
conditioning, and related equipment, and shall include the estimated times,
frequency, duration and decibel levels of the noise.
17. A landscape plan showing existing vegetation, indicating any vegetation
proposed for removal or trimming, and identifying proposed new and/or
replacement plantings by species, size, and location. The emphasis of the
landscape plan shall be to visually screen the proposed facility and
stabilize soils on sloping sites.
18. A grading plan indicating the location, volume and heights of required
cuts and fills, and areas of grading or where earth is to be removed, placed
or otherwise disturbed as a result of the project.
19. A visual impact analysis of the proposed facility at design capacity,
including -but not limited to photo simulations and/or story poles erected at
the proposed site, or other similar techniques as may be approved by the
Director. The visual analysis shall be to scale and shall address views
from public vantage points and private residences if determined
appropriate by the Director.
20. Documentation, including all engineering source documents relating to
such, demonstrating that the facility will comply with applicable radio
frequency (RF) emission standards. Such documentation may be satisfied
by a written demonstration of compliance with FCC Office of Engineering
Technology (OET) Bulletin 65, or successors thereto. The documentation
shall include measurements of the predicted and actual (if available) levels
of EMF radiation emitted by the proposed facility operating by itself and
in combination with other existing or approved facilities that can be
Town of Tiburon wireless Communication Facilities Standards Revised 61212010 4
measured or estimated at the proposed facility site. Calculations for
predicted EMl~ radiation shall be based on all proposed, approved, and
existing facilities operating at maximum power densities and frequencies.
21. A written description of the proposed method(s) of correcting any
potential interference with consumer electronic products and equipment
that may result from the operation of the facility.
22. Copies of any and all private and other land use agreements, entitlements
and easements or restrictions (open space, conservation, scenic resources,
etc.) that encumber or affect the WCF site; and copies of all legal
instruments that demonstrate applicant's legal access to the site. If the
applicant's legal interest in the site results from a lease, license or other
instrument, a true and correct copy of the fully executed lease, license or
other instrument entitling the applicant to use the site, and including all
exhibits thereto, shall be submitted.
23. A current title report, dated not later than sixty (60) days prior to the date
of the filing of the application, together will legible copies of all
documents referred to therein, reflecting the status of legal title to the site.
24. Documentation that the operator has applied for and/or obtained any
licenses and/or approvals that are required by federal and/or State
agencies.
25. Based on the reasonable discretion of the Director, the Town may, at any
time during the application review process and at the applicant's sole
expense, also require the applicant to provide:
a. A graphic and written analysis that identifies all technically
feasible sites within the coverage area that could accommodate
the proposed service, in order to ensure, among other things,
adequate and complete consideration of co-location and
shared-location of the proposed WCF. The analysis shall
include enough information to provide adequate consideration
of technically feasible alternative sites and/or facility designs
that would avoid or minimize adverse effects related to land
use compatibility, visual resources, public safety, and
environmental factors. The analysis shall also include in
writing the specific factors for selection of the proposed facility
site over alternative sites. Facilities that 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 at the applicant's
expense of the analysis prior to snaking a decision on the
permit application. The analysis should, to the extent practical,
be incorporated with the coverage area map required by
Section III.A.3 above.
b. Written authorization for the Town to hire an independent,
qualified consultant to evaluate technical and other aspects of
the applicant's proposal, including but not limited to, verifying
the comprehensiveness and accuracy of the analysis of
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 5
potentially technically feasible alternate sites, compliance with
applicable emission standards, potential for interference with
consumer electronic products and/or public safety
communications and the appropriateness of granting any
requested exceptions. Such authorization shall include a
written agreement by the applicant to advance or promptly
reimburse the Town for all reasonable costs associated with the
consultation. See Appendix F for a sample written
authorization.
26. Any application for a WCF that does not comply with all mandatory
standards set forth in Section IV, General Requirements, of these
Standards shall include a written statement explaining why strict
compliance precludes the reasonable accommodation of the
communication needs of the operator as set forth in federal and/or state
rules and regulations, any alternatives that were considered, and the
reasons why there are no feasible alternatives that would meet each
mandatory standard for which compliance is not achieved. A checklist of
the General Requirements is attached as Appendix G.
27. Any application for a WCF that does not comply with any advisory
standard set forth in Section IV, General Requirements, of these Standards
shall include a written statement explaining why the advisory standard is
not being complied with.
28. Such additional information as the Director deems necessary or
appropriate for the evaluation of the application.
IV. GENERAL REQUIREMENTS
The following general requirements apply to WCFs. Use of the word "shall" constitutes a
mandatory standard. Use of the word "should", "may", "preferred", "encouraged" or
"discouraged" constitutes an advisory standard.
A. Development Standards.
1. Consistency with General Plan and Municipal Code. The proposed facilities
shall be consistent with the Tiburon General Plan, these Standards and any other
applicable regulation set forth in the Tiburon Municipal Code.
2. No portion of an antenna, support structure or any related equipment shall be
located on or within a distance of one hundred (100) vertical feet of the Tiburon Ridge
(see Appendix D), as delineated in the Tiburon General Plan.
3. Not more than one (1) monopole antenna structure shall be permitted at any
WCF location, except at a Town-approved shared-location site.
4. No portion of any antenna, support structure or related equipment shall
overhang a property line that is not part of the subject WCF site at any time.
5. Setbacks. Freestanding monopole antenna structures shall be set back at least
fifty percent (50%) of the monopole height from all property lines, and one hundred
percent (100%) of the monopole height from any adjacent residentially-zoned property.
Town of Tiburon Fireless Communication Facilities Standards Revised 61212010 6
6. Height Limits. Antennas, support structures, and related equipment shall
comply with building height limitations in all zones, but may exceed such height limits
by up to three (3) feet pursuant to height measurement provisions of the Tiburon
Municipal Code. These height limits shall not apply to antennas of amateur radio
operators when licensed by the Federal Communications Commission.
7. Unless otherwise required by Town, county, state or federal rules or
regulations, WCFs shall have a non-reflective finish and shall be painted a color or colors
consistent with the predominant background color(s), as determined by the acting body.
8. All WCFs shall comply with the applicable provisions of the California
Building Code, California Electrical Code, California Plumbing Code, California
Mechanical Code, California Fire Code and rules and regulations imposed by state and
federal agencies.
9. The smallest, lowest and least visible antennas and support structures as
possible shall be installed that will reasonably accommodate the operator's
communication needs. The applicant shall specify which antennas and support structures
were evaluated, and describe the process used to select the proposed antenna(s) and
support structures.
10. The Town shall retain the authority to limit the number of antennas and
related equipment at any site in order to minimize potential visual and other impacts.
B. Location and Structure Standards.
1. Location Standards.
a. WCFs should be located in commercial areas.
b. Publicly-owned sites or structures, including but not limited to buildings,
telephone utility poles, signage, traffic signals, and light standards, are
preferred locations over privately-owned sites or structures.
c. WCFs shall not be located on parcels used for residential purposes.
d. WCFs shall not be located on parcels designated as Open Space on the
Tiburon Zoning Map, or on buildings and/or properties designated as Local
Historical Landmarks by resolution of the Town Council (see Appendix H).
e. WCFs shall not be located on buildings listed in the Town's Local Historic
Inventory of Buildings in Downtown Tiburon, adopted by resolution of the
Town Council (see Appendix I).
f. WCFs should avoid locations within, or in close proximity to, the following
uses: dwelling units; hospitals; child care centers; and schools.
2. Structure Standards.
a. Monopoles, towers or other stand-alone structures are strongly discouraged.
b. Use of existing buildings and structures is preferred over construction of new
ones.
3. Co-location and Shared-location Standards.
a. WCFs should be co-located with existing WCFs whenever reasonably feasible
and aesthetically or otherwise desirable.
b. Shared-location sites are encouraged provided that visual and other impacts
are minimized and compliance with these Standards is achieved.
c. Antennas and supporting structures and equipment shall be designed to
consolidate planned expansions of facilities and services.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 7
d. Design of co-location and shared-location sites shall promote use by other
wireless service providers.
e. WCFs should make under-utilized space available for co-location purposes.
f. To the extent feasible, leases or other instruments that convey exclusive rights
to a single user and preclude development of a suitable co-location or shared-
location site shall be prohibited unless specifically authorized in the Town's
permit approval.
g. Applicants shall notify other potential users of the proposed WCF site so that
they can coordinate efforts to co-locate on the site, and written evidence of
said notification shall be submitted to the Director.
h. Permit holders shall charge standard, reasonable rates for co-location of other
WCFs.
C. Design and Operational Standards.
1. EMF Radiation Exposure Limits. No WCF shall be sited or operated in such a
location or manner that it poses, either by itself or in combination with other such
facilities, a potential threat to the public health. To that end, no facility or
combination of facilities shall produce at any time power densities 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 WCF.
2. Visual Compatibility and Design. WCFs shall be consistent with the general scale
of structures and buildings in the vicinity and properly related to the development of
the vicinity as a whole. The following visual and design standards shall be applied:
A. When an antenna is attached to, or part of, a building or structure, the antenna
shall be sited and designed to appear as an integral part of the building or
structure or otherwise minimize its appearance. The antenna and its screening
shall be architecturally compatible with the building or structure. Screening may
include locating.the facilities within an attic, false chimney, steeple, or tower; or
within a new architectural addition to a building or structure that is architecturally
compatible with the building.
B. Wall-mounted antennas shall be integrated architecturally with the style and
character of the building or structure or otherwise made as unobtrusive as
possible. If possible, antennas shall be located entirely within an existing or
newly-created architectural feature so as to be completely screened from view or
visually inevident. To the extent feasible, wall-mounted antennas shall not be
located on the front (or the most publicly-prominent face) of a building, and shall
be located above pedestrian eye-level.
Town of Tiburon Y47ireless Communication Facilities Standards Revised 61212010 8
C. To avoid or minimize the appearance of visual clutter on rooftops, proposed roof-
mounted antennas and associated equipment should be located adjacent to
existing rooftop equipment, incorporated into rooftop equipment enclosures, or
otherwise screened from view. In addition, existing rooftop antennas (at co-
location or shared-location sites) should be consolidated where possible; other
roof-top equipment and appurtenances (vents, heating and cooling systems, etc.)
should be removed if no longer in use.
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. Construction of a 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 shall be installed
within the existing confines of a building or underground. If this is not feasible,
the equipment shall be painted, screened, fenced, landscaped or otherwise treated
architecturally to minimize its appearance from off-site locations and to visually
blend with the surrounding natural and/or built environment as appropriate.
Equipment buildings shall be designed in an architectural style, and constructed of
exterior building materials, that are compatible with surrounding development
and/or land use setting.
F. To the extent feasible, all WCFs shall avoid creating any unreasonable obstruction
of views from surrounding properties.
G. Whenever feasible, WCFs should be:
1. Substantially screened from the view of affected properties, public
rights-of-way and other public property; or
2. Co-located or placed on a shared-location site with existing WCFs in a
manner that will minimize visibility; or
3. Located in areas with substantial existing screening by buildings,
structures and/or landscaping, or
4. Designed to appear as natural features found in the immediate area,
such as trees or rocks, so as to be visually inevident as man-made
construction.
H. No advertising signage or identifying logos shall be displayed on any WCF,
except for small identification plates used for emergency notification, or as
required by law.
3. Vegetation and Screening. The following standards are established:
a. Whenever reasonably feasible, WCFs shall be installed in a manner so as to
preserve significant existing landscaping. Existing trees and other screening
vegetation in the vicinity of the proposed facility and associated roadways shall be
protected from damage both during and after construction. Submission of a Tree
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 9
Protection Plan, prepared by a qualified professional, may be required to ensure
compliance with this standard.
b. All vegetation disturbed during project construction shall be replanted with
appropriate vegetation as described below. Soils disturbed by development shall be
replanted to control erosion.
c. Introduced vegetation shall generally be native, drought tolerant species compatible
with the predominant natural setting of the project area, unless fast growth is required
for screening. All French broom and similar undesirable, invasive plant species on
the site shall be removed to the satisfaction of the Fire Marshal to reduce fire hazards.
d. Existing landscaping materials, especially trees, shall be used where possible to
screen antennas and other WCF equipment from off-site views. New landscaping
may be required where deemed necessary to provide screening.
e. No screening vegetation shall be removed subsequent to project completion except
to comply with local and State fire safety regulations, to prevent the spread of disease
as required by the State Food and Agriculture Department, or to prevent safety
hazards to people and property, without the written permission of the Director.
4. Noise and Traffic. WCFs shall be constructed and operated in such a manner as to
minimize noise and traffic impacts. Noise and traffic reduction shall be accomplished
through the following measures:
a. WCFs shall operate in compliance with and shall not exceed at any time the noise
exposure levels contained in the Noise Element of the Tiburon General Plan (see
Appendix E), or any applicable more restrictive noise standard adopted by the Town,
county or state or federal government.
b. Permissible hours for testing and servicing (excluding emergency repairs) shall be
determined on a case-by-case basis at the time of permit issuance, based on such
factors as location and sensitivity of surrounding uses. Said hours shall be imposed
as conditions of approval.
c. Back-up generators or other emergency power sources shall comply with the same
noise standards referenced above and shall only be operated during power outages,
emergency occurrences, or during the hours of 8:00 a.m. to 6:00 p.m. Monday
through Friday for periodic testing and maintenance.
d. Vehicular traffic resulting from the operation and maintenance of a WCF shall be
kept to a minimum. Typical vehicular traffic volumes shall be specified in conditions
of approval.
5. Roads and Access. WCFs should be served by the minimum roadways and parking
areas as necessary, and shall discourage unauthorized access, as follows:
a. Whenever feasible, existing roads and parking areas should be used for access and
service of WCFs.
b. Any new roadways and parking areas constructed should be shared with
subsequent WCFs and/or other permitted uses to the extent feasible.
c. The size of new parking areas should be limited to the minimum necessary to
accommodate vehicles associated with periodic maintenance of the facility.
d. Access to facilities shall be prohibited to the general public.
e. All facilities shall be designed to be resistant to and minimize opportunities for
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 10
unauthorized access, climbing, vandalism, graffiti, and other conditions that would
result in hazardous conditions, visual blight, or attractive nuisances.
6. Lighting. Unless otherwise required by applicable federal rules or regulations, no
WCF shall have artificial lighting. If such lighting is required, the following
standards shall apply:
a. Manually operated, low wattage, hooded and the least intrusive exterior lighting
shall be permitted for safety purposes only and shall be kept off except for
maintenance or safety personnel or to the most limited extent allowed by law.
b. Nighttime lighting of warning signs required near publicly accessible facilities
shall consist of low-wattage fixtures, and shall be directed downward and hooded.
V. STANDARDIZED CONDITIONS OF APPROVAL
A list of standardized or typical conditions that may be imposed on WCF permit approvals is
contained within Appendix J. Not all conditions may apply to every approval, and wording of
conditions must be tailored to each permit as appropriate. This section in no way limits the
Town from applying additional conditions not contained herein.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 11
APPENDIX A
Partial List of Definitions Related to WCFs and Antennas
Below is a partial list of definitions from the Tiburon Municipal Code related to WCFs and
antennas. Users are referred to the Municipal Code for a full listing of 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 tank.
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.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 12
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): A field of radiation produced by all
electromagnetic waves, from ganima rays to radio waves. The EMF produced by
wireless communication facilities is radio frequency (RF) radiation.
Feasible: Capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, legal, social, and
technological factors.
Related Equipment: 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.
Review Authority: The Design Review Board, Planning Commission, Town
Council, Town official, or other designee acting on a Zoning Permit application. [Note:
The Review Authority for all WCF and/or antenna conditional use permit applications
will be the Planning Commission. The Town Council would become the Review
Authority on appeal. The Review Authority on site plan & architectural review
applications for WCFs will be the Design Review Board, except on minor alteration
applications, where Town Staff may be the Review Authority. The Town Council would
become the Review Authority on appeal from decisions of Design Review Board; the
Design Review Board would become the Review Authority on appeals from a Town
Staff decision on a site plan and architectural review application].
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, radio, TV transmitter and broadcasting station, and other types of
equipment for the transmission or reception of such signals, monopoles or similar
structures supporting the equipment, equipment building, shelters, cabinets, parking area
and other accessory construction. Including amateur and professional facilities.
Town of Tiburon Wireless Conimmnication Facilities Standards Revised 61212010 13
Wireless 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.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 14
APPENDIX B
Excerpted from Title IV, Chapter 16 of the Municipal Code
Regulating Wireless Communication Facilities
16-42 Wireless Communication Facilities
16-42.010 - Purpose
The purpose of Section 16-42 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.
16-42.020 - Definitions
The technical terms and phrases used in Section 16-42 are defined in Article X (Definitions) under
"Wireless Communications Facilities."
16-42.030 - Applicability
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 in this Subsection 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.
1. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS)
antennas measuring one meter or less in diameter (or diagonal measurement);
2. Television broadcast system (TVB S) antennas provided: (1) the antenna is located
entirely on and/or above the subject property; and (2) 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 feet in height shall require Site Plan and Architectural
Review and Building Permits in compliance with the Municipal Code for review of
placement to ensure that maximum safety is maintained;
3. Satellite earth station (SES) antennas measuring two meters or less in diameter (or
diagonal measurement) located on a property within any commercial office or public
zone, provided that: (1) the antenna is located entirely on and/or above the subject
property; and (2) no portion of any ground-mounted antenna is within a required front
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 1-5
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 SES antennas measuring more
than one meter in diameter shall require Site Plan and Architectural Review and Building
Permits in compliance with the Municipal Code for review of placement to ensure that
maximum safety is maintained;
4. Antennas and antenna structures constructed by or for Federal Communications
Commission (FCC)-licensed amateur radio operators shall require a Conditional Use
Permit in compliance with Section 16-52.040 (Conditional Use Permits), Site Plan and
Architectural Review if required under Subsection 16-52.0203 (Approval Required), and
shall be subject to provisions of Section 16-42.050 (Amateur Radio Antennas), but shall
not be subject to review under the Town of Tiburon Wireless Communication Facilities
Standards;
5. 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.
16-42.040 - Permit Requirements for Wireless Communication Facilities
A. Public notice of application filing. Within fifteen days after the filing of a Conditional Use
Permit application for a WCF with the Town, the Town shall give written notice of such filing to
all property owners within a six-hundred-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. 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 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 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 days of filing of the application.
B. Review and approval.
1. Any person who proposes to install or operate a WCF shall first obtain approval of a
Conditional Use Permit in compliance with Section 16-52.040 (Conditional Use Permit),
unless the facility is exempt from securing such permit under Section 16-42.030
(Applicability). The Review Authority may approve a Conditional Use Permit 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 Tiburon
Wireless Communication Facilities Standards adopted by resolution of the Town
Council.
2. Any person who proposes to install or operate a WCF shall first obtain Site Plan and
Architectural Review approval in compliance with Subsection 16-52.020 (Site Plan and
Architectural Review), unless the facility is exempt from securing such permit under
Section 16-42.030 (Applicability).
3. Exceptions. The Review Authority may grant an exception to any requirement of Section
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 16
16-42 or any mandatory standard contained within the Wireless Communication
Facilities Standards upon making findings that: (1) strict compliance precludes the
reasonable accommodation of the communication needs of the operator as set forth in
federal and/or state rules and regulations; (2) there are no other feasible alternatives; and
(3) either State or federal law requires the Town to issue the exception or the exception
will serve the public interest despite the conflict with the mandatory standards.
C. Co-location. An applicant for a WCF may file a formal written request for waiver of the
requirements for a Conditional Use Permit with the Director. It is the responsibility of the
applicant to establish evidence in support of the waiver criteria required by this Section. The
Director may waive the requirements for a Conditional Use Permit and instead require Site Plan
and Architectural Review only for WCFs that meet the following criteria:
1. Co-location. The new facility or equipment is co-located on or adjoining an existing
WCF;
2. Preferred location. The facility that is located on a property developed predominantly
with commercial land uses;
3 Stealth Design. The WCF is designed or located in such a way that the facility is not
readily recognizable as wireless communications equipment to an average person;
4. Prior approval and compliance. The existing WCF was subject to Conditional Use
Permit approval and complies with the Town's policies and regulations; and
5. Existing environmental compliance. The existing WCF has a cdrtified environmental
impact report or adopted negative declaration or mitigated negative declaration, and the
existing facility has incorporated the required mitigation measures. The new equipment
or structures does not constitute a substantial change in the project or new information as
outlined in Public Resources Code Section 21166.
D. Length of permit--Mandatory review/renewal.
1. A Conditional Use Permit for a WCF approved on or after January 1, 2007 shall be valid
for an initial period of ten years after final discretionary approval, unless a shorter
duration is approved on the bases of public safety reasons or substantial land use reasons.
At least ninety days prior to expiration of the ten-year period approval, the permit holder
shall file an application for review/renewal of the WCF Permit. The permit holder shall
be solely responsible for timely filing of, and for all costs associated with, the processing
of applications for mandatory reviews/renewals.
2. A Conditional Use Permit for a WCF approved prior to January 1, 2007 shall be subject
to the specific conditions of the permit with respect to duration and periodic mandatory
review/renewal. At least ninety days prior to expiration of the permit, the permit holder
shall file an application for review/renewal of the WCF Permit. The Review Authority
shall conduct 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 other applicable provisions in the Municipal Code.
Permit review/renewals are required every five years, unless a longer time period is
approved by the Review Authority, or another time period is set forth in the permit
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 17
conditions. The permit holder shall be solely responsible for timely filing of, and for all
costs associated with, the processing of applications for mandatory reviews/renewals.
16-42.050 - Amateur Radio Antennas
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-1" 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.
C. Retractable monopoles may be required for amateur radio antenna structures over thirty feet in
height that are in or within three hundred feet of any residential zone, as set forth in Section 16-
14.020 (Zoning Map and Zones). 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
noncomplying facility within the Town.
16-42.060 - Correction of Interference 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 such 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 days of notification by the federal
agency. The operator shall provide the Director with a copy of any notice of such violation issued by any
federal agency within fifteen 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,
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 18
powering down systems and engineering analysis), and all costs arising from third party claims against
the Town attributable to such interference.
16-42.070 - Removal of Discontinued Facilities Required
Antennas, support structures, and related equipment shall be removed within one hundred eighty 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 with a notice of intent to vacate the site a minimum of thirty
calendar days prior to vacation. For facilities located on Town property, this requirement shall be
included in the terms 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 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.
16-42.080 - Nonconforming Facilities
Any WCF in existence prior to December 2, 2005 that is nonconforming to the provisions of this Section
16-42 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, without conforming to provisions of Section
16-42. Notification of nonmaterial modifications shall be provided within thirty days to the Review
Authority by the Director.
16-42.090 - Maintenance of List and Map of Wireless Communication Facilities
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 Department and posting on the Town's website. The map and list shall refer
interested parties to the Department for additional information.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 19
APPENDIX C
Application Checklist for Conditional Use Permit
The following information and materials shall accompany each application for a Conditional Use
Pen-nit:
(A) A completed Land Development Application form, along with the filing fee (See Fee
Schedule).
(B) Ownership, applicant and property identification:
(1) Names and addresses of all persons who own an interest in the subject property and
identification of the interest (option, fee title, etc.). Also include four sets of pre-
printed mailing labels containing the name and current mailing address of the
applicant, property owner, and representative (if any).
(2) Names and addresses of all representatives of the owners authorized to represent the
project to the Town.
(3) Authorization signed by the owners of the subject property requesting the Town to:
(a) process the application; and (b) recognize specified persons as representatives of
the owners in connection therewith.
(4) A legal description of the parcel and a statement of the area contained therein.
(5) A title report verifying the description and vestees (not to be required if use is to be
conducted in existing structure and no structural changes are proposed).
(C) Use and management information:
(1) Written statement(s) describing the characteristics of the use proposed, including,
but not limited to, the following:
a. Number of people involved either as employees, clients, students, customers,
etc.
b. Type of vehicular traffic involved--auto only, truck deliveries, parent drop
off/pick up, etc.
C. Hours of operation.
d. Product produced.
e. Outdoor activities (storage, work, auto-stacking for drive-up windows.
f. Odors, noise, dust, or glare involved.
g. Hazardous or volatile materials or chemicals involved.
h. In multi-tenant buildings, a list of all other tenants, their square footage
occupied, number of employees at maximum shift, and parking spaces
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 20
available may be required.
(2) Written statement setting forth any lease controls or management programs that will
ensure that the use will not be detrimental to surrounding uses in the area or to the
Town in general.
(3) If the use is to be established in a location previously occupied by a different use,
briefly describe the last use which existed there.
(D) Plans and Drawings:
(1) Twenty (20) copies of a site plan scaled and drawn to accurately and clearly show:
a. All property lines with distances.
b. Location of existing or proposed structures with dimensions of all wall lines
and distances from structures to nearest property line (measured
perpendicular to property line).
C. Existing frontage improvements (curbs, gutters, sidewalks, edge of paving).
d. A location map showing location of property in relation to the nearest major
street.
e. Existing or proposed on-site driveways, parking, and service areas fully
dimensioned.
(2) Twenty (20) copies of architectural floor plans showing each level with rooms, uses,
floor level, doors, windows, etc.
(E) Environmental Information and Fees:
(1) An Environmental Data Submission (unless the project is exempt) (See Town of
Tiburon Environmental Review Guidelines, Appendix Q.
(2) Initial Study/Negative Declaration Fee (Unless the project is exempt) (See Fee
Schedule).
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 21
APPENDIX D
Location of Tiburon Planning Area and Tiburon Ridge
0
Ma~ pared by ~~~lanning Area
0.5 1 1.5 2
Miles Development Dept. Tiburon Ridge
September 2005
APPENDIX E
Excerpts from Noise Element of Tiburon General Plan
The complete Noise Element, including color diagrams, may be found at www.ci.tiburon.ca.us.
NOISE ELEMENT
Traffic on U.S. Highway 101 and Tiburon Boulevard is the primary source of
noise in the Planning Area. Occasionally, aircraft flying into and out of San
Francisco International and Oakland International Airports fly over the Tiburon
Peninsula. Other noise sources include garbage pick-up; construction; delivery
trucks and the commercial activity Downtown and at the Cove Shopping Center;
and boating near Downtown.
The Town does not have a Noise Ordinance. However, the Municipal Code
limits the time of day that commercial vehicles, including waste management
trucks, can operate in Downtown; prohibits the use of gas-powered leaf blowers
within residential areas; and bans jet skis in Town waters.
EXISTING NOISE CONDITIONS
Traffic Noise
Government Code Section 65302(f) requires that current and projected noise
levels be analyzed and quantified for highways, freeways, primary arterials, and
major local streets. The law requires that noise contours, shown in terms of
community noise equivalent level (CNEL) or day-night average level (Ldn), be
prepared on the basis of noise monitoring or following generally accepted noise
modeling techniques.
The existing and projected noise level contours, based on existing and projected
traffic, are shown in Diagrams 7.1-1 and 7.1-2.
Aircraft Noise
The California Division of Aeronautics is in charge of enforcing airport noise
regulations for all airports within the state. The noise standards require that no
residences, schools, hospitals or places of worship be within a Noise Impact
Area. The Noise Impact Area is a line around an airport within which the noise
level is at or exceeds 65 dB CNEL.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 23
At the request of the County of Marin, San Francisco International Airport has
conducted noise measurements at Tiburon, Bolinas and Pt. Reyes to quantify
aircraft overflight noise. The studies have shown that noise generated by
individual jets reaches maximum overflight noise levels of 45 to 70 dBA at these
locations. The aircraft-generated CNEL ranged from 19 to 44 dB in Tiburon.
Sensitive Receptors
Sensitive receptors are those that are most affected by noise. The California
General Plan Guidelines lists schools, churches, convalescent homes, and sensitive
wildlife habitat as sensitive receptors that should be identified in the General
Plan. The locations of these sensitive receptors in the Planning Area are shown
in Diagram 7.1-3.
NOISE AND LAND USE COMPATIBILITY GUIDELINES
Community Noise Exposure, Ldn or
CNEL, in dB
Land Use Category
55
60
65
70
75
80 85
Residential
F///7
(interior noise levels not to exceed 45 dBA Ldn)
Transient Lodging, Motels, Hotels
Schools, Libraries, Churches, Hospitals,
Nursing Homes
Auditoriums, Concert Halls, Amphitheaters
Sports Arenas, Outdoor Spectator Sports
Playgrounds, Neighborhood Parks, Tennis
Courts, Outdoor Recreation
Water Recreation, Riding Stables, Golf Courses,
Cemeteries
Office Buildings, Business, Commercial &
Professional
Industrial, Manufacturing, Utilities, Agriculture
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.
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.
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.
Cleary Unacceptable: New construction or development clearly should not be
undertaken.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 24
NOISE GOALS
N-A: To ensure that residential areas are quiet and that noise levels in public
and commercial areas remain within acceptable limits.
N-B: To eliminate or reduce unnecessary, excessive and offensive noises
from all sources.
N-C: To minimize the exposure of community residents to noise through the
careful placement of land uses that may cause noise impacts.
N-D: To minimize current noise impacts from Tiburon Boulevard and other
high-volume roads on adjacent land uses that are sensitive to noise.
NOISE POLICIES
N-1: The Town shall use the Noise and Land Use Compatibility Guidelines
contained herein to determine where noise levels in the community are
acceptable or unacceptable.
N-2: The Town should use the Noise and Land Use Compatibility
Guidelines to determine acceptable uses, and to require noise
attenuation methods in noise-impacted areas.
N-3: Environmental reviews (environmental impact reports, initial
studies/ negative declarations) of projects within the Tiburon Planning
Area will be required to, where appropriate, include an acoustical
analysis of the project's potential to cause a noise impact.
N-4: If the projected noise environment for a project exceeds the standards
identified in the Noise and Land Use Guidelines, the Town shall
require an acoustical analysis so that noise mitigation measures can be
incorporated into the project design.
N-5: Motorized recreational vehicles (including trail motorcycles) shall be
prohibited in off-road areas in the Tiburon Planning Area.
N-6: Hours of use of recreation and commercial facilities should be
regulated to minimize offensive noise to ensure compatibility between
such facilities and nearby residential areas.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 25
N-7: Noise walls, sound walls or any form of solid barrier shall be
aesthetically compatible with the surrounding neighborhood.
N-8: The Town, in conjunction with the County of Marin and other cities
and towns, shall attempt to reduce aircraft noise over the Tiburon
Planning Area by working with the appropriate regulatory agencies.
N-9: New projects in Downtown shall, through site and building design
and the use of the best available building technology, minimize the
potential noise conflicts between commercial and residential uses, on
mixed-use and adjacent residential properties.
N-10 Standard quiet construction methods shall be used where feasible and
when construction activities take place within 500 feet of noise
sensitive areas.
IMPLEMENTING PROGRAMS FOR NOISE
N-a: The Town should periodically assess the noise environment to identify
noise sources that should be regulated to reduce excessive or offensive
noise.
N -b: The Town should contact the appropriate regulatory agencies to
ensure that they are aware of the Town's policy discouraging aircraft
flyovers of the Tiburon Planning Area.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 26
APPENDIX F
Sample Written Authorization Form for Retention of WCF Consultant
AUTHORIZATION TO RETAIN
WIRELESS COMMUNICATION FACILITY CONSULTANT
Project Name:
Project Address:
Assessor Parcel
I am the project applicant, or authorized agent of the project applicant, identified below.
I am aware that pursuant to Section III.B.25.b of the Town's adopted Wireless Facilities
Standards, the Director of Community Development has determined that this project requires an
independent, qualified consultant to evaluate technical and other aspects of the proposed project,
including but not limited to, verifying the comprehensiveness and accuracy of the analysis of
potentially technically feasible alternate sites, compliance with applicable emission standards,
potential for interference with consumer electronic products and/or public safety
communications and the appropriateness of granting any requested exceptions to Town
regulations. I understand that this retention is for my benefit. Accordingly, I hereby authorize
the Town to retain such a consultant and agree that the project applicant shall advance or
promptly reimburse the Town for all reasonable costs associated with the consultation as agreed
in this Authorization.
The Director of Community Development or his designee shall provide the project applicant
with an estimate of the cost of retaining the WCF consultant. The applicant shall deposit funds
sufficient to fund this cost within 15 days of receiving this estimate. In the event that the actual
cost is less than the estimate deposited, the Town shall refund the surplus within 30 days of the
disposition of the project application. In the event that the actual cost exceeds the estimate, the
applicant shall deposit funds sufficient to reimburse the Town for the shortfall within 15 days of
receiving notice thereof. In the event that the project applicant fails to comply with the
provisions of this authorization, the Town shall terminate all consideration of the project and
shall deny the project application for failure to comply with the Town's Wireless Facilities
Standards.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 27
By:
Signature:
Date:
Name (printed):
Title:
Agent of :
(If agent. attach written authorization)
For Town of Tiburon Use Only Below This Line
Date Received by Town of Tiburon:
Initials of Receiving Town Employee:
Project File Number:
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 28
APPENDIX G
Checklist of General Requirements
The following checklist is intended as a quick reference tool for applicants and the Town in
assessing general compliance with these Standards. Reference to the full text and context of all
items contained within this checklist is strongly advised.
Mandatory Standards
The WCF would be consistent with General Plan goal and policies and Municipal Code
regulations
No portion of the WCF is located within 100 vertical feet of the Tiburon Ridge
There would be no more than one monopole structure at the site (proposed shared-location sites
excepted)
No portion of any antenna, support structure or related WCF equipment overhangs a property line
Freestanding monopole antenna structures are set back at least 50% of the monopole height from
all property lines and 100% of the monopole height from any adjacent residentially-zoned
property
Antennas, support structures and related equipment comply with building height limitations in the
zone in which they are located
The WCF would have a non-reflective finish and be painted a color consistent with the
predominant background
Applicable provisions of the California Building Code and subsidiary codes would be met
The smallest, lowest and least visible antennas and support structures are proposed that will
reasonably accommodate the operator's needs
The WCF is not located on a site used for residential purposes
The WCF is not be located on a parcel designated as Open Space on the Tiburon Zoning Map
The WCF is not be located on a building and/or property designated as a Local Historical
Landmark
The WCF is not located on a building listed in the Town's Local Historic Inventory of Buildings
in Downtown
Antennas and supporting structures and equipment are designed to consolidate planned
expansions of facilities
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 29
Design of potential co-location and shared-location sites promotes use by other wireless service
providers
The WCF applicant's lease agreement (or other instrument) is not exclusive of other wireless
service providers
Applicants will notify (and provide evidence of such notice to the Director) other potential users
of the proposed WCF site to promote co-location
Permit holders shall charge standard, reasonable rates for co-location of other WCFs
The WCF (alone and in combination with others) does not exceed FCC exposure limits and
standards
The WCF is consistent with the general scale of structures and buildings in the vicinity
The WCF is properly related to the development of the vicinity as a whole
The antenna is sited and designed to appear as an integral part of the building or structure
The antenna and its screening are architecturally compatible with the building or structure
Wall-mounted antennas are integrated architecturally with the style and character of the building
or structure
The WCF is located entirely within an existing or newly-created architectural feature or is
completely screened from view
Wall-mounted antennas are not located on the front (or the most publicly-prominent face) of a
building
Wall-mounted antennas are located above pedestrian eye-level
Roof-mounted antennas and associated equipment are located as far back from the edge of the
roof as possible
The WCF and related equipment are installed within the existing confines of a building or
underground
If meeting the prior standard is not feasible, the equipment is painted, screened, fenced,
landscaped or otherwise treated architecturally to minimize its appearance from off-site locations
and to visually blend with the surrounding natural and/or built environment as appropriate
Equipment buildings are designed to be compatible with surrounding development and/or land
use setting
The WCF avoids creating any unreasonable obstruction of views from surrounding properties
The WCF has no advertising signage or identifying logos except as may be required by law
Torn of'Tibtinron Wireless Communication Facilities Standards Revised 61212010 30
The WCF preserves significant existing landscaping
Significant vegetation disturbed during project construction is replanted with appropriate
vegetation
Soils disturbed by development are stabilized and/or planted
Introduced vegetation (if required) is native, drought tolerant species compatible with the
surrounding setting
French broom and similar undesirable, invasive plant species are to be removed
Existing landscaping materials are utilized to screen antennas and other WCF equipment from
off-site views
The WCF operates in compliance noise exposure levels contained in the Noise Element of the
Tiburon General Plan
Back-up generators (except in emergencies) shall only be tested during the hours of 8:00 a.m. to
6:00 p.m., M-F
Permitted hours for testing and servicing of the WCF are compatible with, and sensitive to,
surrounding uses
Vehicular traffic resulting from the operation and maintenance of the WCF are kept to a
minimum
Access to the WCF facilities is prohibited to the general public
The WCF is designed to be resistant to and minimize opportunities for unauthorized access,
climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions,
visual blight, or attractive nuisances
The WCF has no artificial lighting. If such lighting is required by law, the following standards
shall apply:
-Manually operated, low wattage, hooded and the least intrusive exterior lighting shall be
permitted for safety purposes only and shall be kept off except for maintenance or safety
personnel or to the most limited extent allowed by law
Nighttime lighting of warning signs required near publicly accessible facilities shall consist of
low-wattage fixtures, and shall be directed downward and hooded
Advisory Standards
The WCF is located in a commercial area
The WCF is on a publicly-owned site or structure rather than a privately-owned site or structure
Town of TibLU'017 Yi'ireless Communication Facilities Standards Remised 61212010 31
The WCF is not located within, or in close proximity to, the following uses: dwelling units;
hospitals; child care centers; and schools
The WCF does not propose any monopoles, towers or other stand-alone structures
The WCF uses existing structures rather than proposing the construction of new ones
The WCF is proposed as a co-location site if reasonably feasible and aesthetically or otherwise
desirable
The WCF is proposed at, or as, a shared-location site
The WCF makes under-utilized space available for co-location purposes
Roof-mounted equipment is located adjacent to existing rooftop equipment, incorporated into
rooftop equipment enclosures, or otherwise screened from view
Existing rooftop antennas (at co-location or shared-location sites) are consolidated where
possible; other roof-top equipment and appurtenances (vents, heating and cooling systems, etc.)
are to be removed if no longer in use
The WCF is:
1. Substantially screened from the view of affected properties, public rights-of-way and other
public property; or
2. Co-located or placed on a shared-location site in a manner that will minimize visibility; or
3. Located in areas with substantial existing screening by buildings, structures and/or
landscaping, or
4. Designed to appear as natural features found in the immediate area
The WCF is served by the minimum roadways and parking areas necessary
Existing roads and parking areas are used for access and service of the WCF
Proposed new roadways and parking areas constructed are shared with other permitted or
envisioned uses
The size of new parking areas is limited to the minimum area necessary
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 32
APPENDIX H
Town of Tiburon Local Historic Landmarks
(As of 6/2/2010)
1. Peter Donahue Building---1920 Paradise Drive (Designation Affects Building
Exterior) (Resolution 830)
2. Lyford's Stone Tower---2034 Paradise Drive (Designation Affects Entire Property)
(Resolution 879)
3. Old St. Hilary's Church---201 Esperanza Street (Designation Affects Entire
Property) (Resolutions 1053 and 3384)
4. Brick Kiln Bunkhouse---841 Tiburon Boulevard (Designation Affects Entire
Property) (Resolutions 3131 and 3385)
5. Lyford House---376 Greenwood Beach Road (Designation Affects Building and its
immediate perimeter) (Resolution 3431)
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 33
APPENDIX I
Local Historic Inventory of Buildings in Downtown
(Resolution 21-2010, effective May 5, 2010)
Main Street (Lowe7)
135 15, 171 19 Main Street
16, 18 Main Street
21 A Main Street (on pier)
24, 26 Main Street
275 29 Main Street
30 Main Street
315 33 Main Street
32 Main Street
34, 36 Main Street
35 Main Street
38 Main Street
55 Main Street
Main Street (Upper) (a.k.a. Ark Row)
72 Main Street
104 Main Street
106 Main Street
108 Main Street
110 Main Street
112 Main Street
116 Main Street
118, 120 Main Street
122 Main Street
Tiburon Boulevard g Juanita Lane
1694, 1696 Tiburon Boulevard
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 34
APPENDIX J
Standardized Conditions of Approval
This Appendix: contains a list of standardized or typical conditions that may be imposed on WCF
permit approvals. Not all conditions may apply to every approval, and wording of certain
conditions must be tailored to each permit as appropriate. This appendix in no way limits the
Town from applying additional conditions not contained herein.
The use shall be in substantial conformance with the application as submitted, as modified by the
conditions of approval herein. Any substantive intensification of operation or use, as determined
within the reasonable discretion of the Director of Community Development, shall require an
amendment to this use permit.
This conditional use permit shall be valid for an initial period of ten (10) years from the date of
final discretionary approval. 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.
The permit holder shall notify the Town, in writing, that the facility has become operational
within five (5) days after it has become operational.
Within sixty (60) days after a WCF becomes operational, the permit holder shall provide the
Town with a report from a certified provider of such specialized studies, confirming that the
actual EMF radiation levels, operating alone and in combination with other approved facilities,
substantially conform to the pre-approval EMF report, and confirming that EMF levels do not
exceed current standards for permissible human exposure to EMF as adopted by the FCC, and
measured at the property line or nearest point of public access, whichever is closer, in the
direction of maxiinum radiation from each antenna. Reports shall specify EMF levels with the
site operating at full power and baseline levels with the site inoperative. Technical data shall be
presented showing levels relative to the currently permitted Federal regulations. Raw
measurements shall be provided as an appendix. In addition, the report shall include, in lay
terms, a summary of the technical data as presented in the report. EMF reports required herein
shall be paid for by the permit holder and prepared by a third party consultant acceptable to the
Director of Community Development, using a testing protocol acceptable to the Director of
Community Development.
Following the initial sixty (60) day report required above, the permit holder shall have EMF
radiation levels of the WCF tested, not earlier than ninety (90) days prior to every required
renewal of the permit. The permit holder shall submit the written report, along with application
for renewal, at least sixty (60) days prior to the date of expiration of the conditional use permit.
Torn of Tiburon Wireless Communication Facilities Standards Revised 61212010 35
The applicant shall obtain all necessary permits from the Tiburon Building Division for the
construction of the facility.
The permit holder shall at all times comply with requirements of the applicable Fire Protection
District regarding fire safety, which may include installation of an automatic fire extinguishing
system, installation of a remote monitoring system, or such other compliance techniques as
determined by the Fire Marshal. Required fire safety measures shall be completed and required
fire safety equipment shall be installed and in operation prior to final building inspection and
commencement of use of the WCF.
The permit holder shall maintain all WCF facilities in an undamaged condition. If visibly
damaged, the permit holder shall repair or replace the facilities as necessary achieve consistency
with this approval.
If the American National Standards Institute (ANSI) and the Institute of Electronics and
Electrical Engineers (IEEE) or other regulating body establish a more stringent standard(s) for
human exposure to radio frequency radiation or other electromagnetic field radiation which is
determined by the Director of Community Development to be applicable to this WCF, the permit
holder shall be required to, upon consultation with the Community Development Department,
file for a review of this Conditional Use Permit within sixty (60) days and evaluate the existing
cumulative levels of EMF radiation emissions from the project site in accordance with the new
standard(s). Any exceeding of the new standards(s) on the project site, as demonstrated in radio
frequency evaluations required herein, shall provide grounds for the Town to revoke or amend
this Conditional Use Permit as provided in the Tiburon Municipal Code.
No advertising signage or identifying logos are to be placed on the WCF, with the exception of
small identification plates for emergency notification or warning notices. Sign permits shall be
secured prior to installation for all signs subject to a permit as required by Chapter 16A of the
Tiburon Municipal Code.
There shall be no exterior lighting of the WCF unless required by state or federal law.
Permitted hours for routine testing and servicing (excluding emergency repairs) shall be [specify
days and hours].
Typical vehicle trips resulting from the operation and maintenance of this WCF are anticipated to
be per month and shall not substantially exceed that number.
The permit holder shall enter into a landscape performance and maintenance agreement with the
Town of Tiburon to ensure the installation, establislunent, and ongoing maintenance of required
landscaping. This agreement shall be executed prior to final building inspection and prior to
commencement of use of the WCF. The agreement shall be secured by financial securities in an
amount equal to 125% 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.
Town of Tiburon Tfireless Communication Facilities Standards Revised 61212010 36
No screening vegetation shall be removed subsequent to project completion except to comply
with local and State fire safety regulations, to prevent the spread of disease as required by the
State Food and Agriculture Department, or to prevent safety hazards to people and property,
without the written permission of the Director of Community Development.
The permit holder shall properly maintain, and ultimately remove if required, the WCF in
compliance with applicable provisions of the Municipal Code, these Standards, and any
conditions of permit approval. Prior to final building inspection and commencement of the WCF
use, the permit holder shall post a financial security, such as a letter of credit, acceptable to the
Town Attorney to ensure that the approved facility is properly maintained and will be removed if
required. The amount of the security shall be 125% of the estimated cost to remove the facility
and return the surrounding area to its condition prior to installation.
The permit holder shall fund all costs associated with ongoing peer review of technical
infonnation and/or the Town's retention of an independent consultant to measure electromagnetic
radiation from the WCF for compliance with applicable FCC regulations, or for other purposes
as set forth in Section III.B.25.b of these Standards. Permit holder may be required to post a
financial security to cover such costs.
The owner of the site, all other interest holders and the permit holder shall agree to defend,
indemnify, and hold harmless the Town and any of its boards, commissions, agents, officers, and
employees from all liability, losses, damages, costs, expenses and fees resulting from any claim
or action not made or brought by the Town involving the facility, including, but not limited to,
the approval or conditional approval of a permit for the facility or from any claim or action to
attack, set aside, void, or annul the approval of permit applications or any other license with
respect to this facility, or involving its installation, use or operation. The Town shall promptly
notify the permit holder of any such claim, action or proceeding. The Town shall retain the right
to participate in any claim, action, or proceeding, including the selection of its own legal counsel.
In the event that the Town shall in the future adopt legislation providing for the payment of
franchise or other fees by entities maintaining WCFs within the Town, the permit holder shall be
subject to such legislation and shall begin paying such fees upon the effective date of said
legislation.
The permit holder shall not encumber, sublease, assign, transfer or sell (including the sale,
acquisition, merger or consolidation of permit holder), a pennitted WCF (excluding an approved
co-location) for use by anyone, including another carrier, without first providing not less than
thirty (30) days written notice thereof to the Director of Community Development.
The applicant shall be required to fund all costs associated with independent peer review studies
and reports commissioned by the Town of any information submitted by the applicant, or the
independent preparation of such information by the Town or its consultants. Such costs shall
include, without limitation, the cost of third-party consultants to verify the predicted and actual
measurements of electromagnetic radiation for compliance with current applicable FCC
guidelines and shall also include, without limitation, a third-party report evaluating the feasibility
of alternative facility designs and locations (including multiple site alternatives) that make
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 37
recommendations on the best alternatives (including multiple site alternatives) location(s) for
providing the desired level of service coverage. Costs covered by this section shall include all
costs incurred by the Town in obtaining independent peer review commissioned by the Town,
including, without limitation, the consultant's fee and the Town's overhead cost associated with
staff time expended on administration of the contracts. All independent peer reviewers and
consultants shall certify in their reports that they do not and have not perfonned services for the
applicant or for any entity associated with the applicant and that such peer reviewers and
consultants have no conflicts of interest whatsoever with respect to their work for the Town.
The installation of antennas or equipment for other carriers or service providers in locations
where others hold a permit or permits for WCFs shall require compliance with the Town's
permit approval process and, where applicable, may take the form of an amendment to an
existing permit or a new permit.
If the site constitutes a potential co-location or shared-location site, the permit holder shall not
enter into an exclusive lease, license, or other arrangement for the use of the site, unless
specifically authorized in the Town's permit approval.
With respect to applicable provisions of the Municipal Code regarding correction of interference,
the permit holder 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.
The pen-nit holder shall place and maintain permanent RF Notice signs in English and Spanish
adjacent to its equipment cabinets. The signage must be fully compliant with ANSI C95.2 for
color, symbol, and content conventions. All such signage shall at all times provide a working
local or toll-free telephone number to reach the permit holders' network operations center, and
such telephone number shall be able to reach a live person who can exert transmitter power-
down control over this site as required by the FCC. Said signs shall comply with any applicable
federal regulations and shall be installed prior to commencement of the use.
The pen-nit holder shall place and maintain permanent RF Notice signs in English and Spanish
[identified area in front of antennas]. The signage must be fully compliant with ANSI C95.2 for
color, symbol, and content conventions. All such signage shall at all times provide a working
local or toll-free telephone number to reach the permit holders' network operations center, and
such telephone number shall be able to reach a live person who can exert transmitter power-
down control over this site as required by the FCC. Said signs shall comply with any applicable
federal regulations and shall be installed prior to commencement of the use.
Prior to issuance of the building permit, applicant shall identify obsolete or unused roof
projections on the building and arrange for their removal as part of the installation work.
The permit holder's equipment enclosure shall be kept locked at all times when an authorized
carrier representative is not present at the equipment enclosure.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 38
The Town of Tiburon reserves the right to amend or revoke this permit for cause, in accordance
with the provisions of the Tiburon Municipal Code.
Town of Tiburon Wireless Communication Facilities Standards Revised 61212010 39