HomeMy WebLinkAboutTC Ord 2011-10-19ORDINANCE NO. 533 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING TITLE IV, CHAPTER 16 (ZONING) OF
THE TIBURON MUNICIPAL CODE TO EXEMPT CERTAIN
WIRELESS COMMUNICATIONS FACILITIES FROM THE
CONDITIONAL USE PERMIT PROCESS
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS AND PURPOSE
A. The Town of Tiburon Municipal Code currently requires a conditional use permit for all
wireless communications facilities. The Code's broad definition of "wireless
communications facilities" includes any antenna or other device or system of devices
used for the transmission or reception of electromagnetic signals, including, but not
limited to, radio waves and microwaves.
B. The Town desires to create an exemption for low-wattage public safety antennas meeting
specific criteria.
C. The Planning Commission held a duly-noticed public hearing on August 24, 2011, heard
and considered all testimony, and recommended adoption of the proposed ordinance to
the Town Council.
D. The Town Council held a duly noticed public hearing on September 7, 2011, and heard
and considered public testimony on the proposed amendment.
E. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
F. The Town Council finds that the amendment made by this Ordinance are necessary for
the protection of the public health, safety, and welfare and are consistent with the goals
and policies of the Tiburon General Plan and other adopted ordinances and regulations of
the Town of Tiburon.
G. The Town Council finds that adoption of this ordinance is categorically exempt from the
requirements of the California Environmental Quality Act per Sections 15303, 15305,
and 15308 of the CEQA Guidelines, and under the "general rule" set forth in Section
15061(b)(3) of the CEQA Guidelines.
Town of Tiburon Ordinance No. 533 N.S. Effective 11/18/2011 1
SECTION 2. AMENDMENT.
Title IV, Chapter 16, Article IV, Section 16-42.030 (6.) of the Tiburon Municipal Code is
hereby added to read as follows:
6. An antenna owned and operated by a public agency exclusively for public safety
purposes, provided that it meets the following criteria:
a) The antenna shall be located in the public/quasi-public zone.
b) The wattage does not exceed 200 watts at full power.
C) The antenna is located on a pre-existing structure.
d) The antenna (not including its pre-existing support structure) shall be a
whip-style antenna and shall not exceed 25 feet in height.
e) The proposed wireless communication facility has a valid FCC license on
file with the Town.
f) An electrical permit for the installation shall be secured from the Tiburon
Building Division.
g) The structural attachment/anchoring method for the antenna shall be
approved to the written satisfaction of the Tiburon Building Division.
h) Compliance with OET Bulletin 65, or any successor document thereto,
shall be demonstrated by a qualified radio frequency engineer.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance. The Town Council declares that it would have
passed this ordinance and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more section, sentences, clauses or phrases may be
declared invalid.
SECTION 4.
EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after the date of passage
and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be
published, with the names of the members voting for and against it, at least once in a newspaper
of general circulation in the Town of Tiburon.
Town of Tiburon Ordinance No. 533 N.S. Effective 11/18/2011 2
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on September 7, 2011 and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on October 19, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ATTEST:-
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DIANE CRANE JA60PI, TOWN CLERK
Town of Tiburon Ordinance No. 533 N.S. Effective 11/18/2011 3