Article IV — IV

Standards for Specific Land Use Activities

16-40 STANDARDS FOR SPECIFIC LAND USES ..................................................IV-3 16-40.010 - Purpose and Applicability............................................................................ IV-3 16-40.020 - Exceptions for Detached Two-family Dwelling Unit .................................. IV-3 16-40.030 - Bed and Breakfast Inns (B&Bs)................................................................... IV-6 16-40.040 - Seasonal Rental Units .................................................................................. IV-7 16-40.050 - Child Day-Care Facilities............................................................................. IV-8 16-40.060 - Emergency Shelters...................................................................................... IV-9 16-42 WIRELESS COMMUNICATIONS FACILITIES ........................................IV-12 16-42.010 - Purpose....................................................................................................... IV-12 16-42.020 - Definitions.................................................................................................. IV-12 16-42.030 - Applicability............................................................................................... IV-12 16-42.040 - Permit Requirements for Wireless Communication Facilities................... IV-13 16-42.050 - Amateur Radio Antennas........................................................................... IV-15 16-42.060 - Correction of Interference Problems.......................................................... IV-16 16-42.070 - Removal of Discontinued Facilities Required ........................................... IV-16 16-42.080 - Nonconforming Facilities........................................................................... IV-16 16-42.090 - Maintenance of List and Map of Wireless Communication Facilities....... IV-17

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-1

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.010

Article IV IV

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-2

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.010

Standards for Specific Land Uses

Section:

16-40.010 - Purpose and Applicability 16-40.020 - Exceptions for Detached Two-family Dwelling Unit

16-40.030 - Secondary Dwelling Unit

16-40.040 - Home Occupations 16-40.050 - Bed and Breakfast Inns (B&Bs) 16-40.060 - Seasonal Rental Units 16-40.070 - Child Day-Care Facilities 16-40.080 - Emergency Shelters

• A. Purpose. The provisions of Section 16-40 provide site planning, development, and/or operating standards for certain land uses that are allowed by Article II (Zones and Allowable Land Uses) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

• B. Applicability. The land uses and activities covered by Section 16-40 shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance.

  1. Where allowed. The uses that are subject to the standards in Section 16-40 shall be located only where allowed by Article II (Zones and Allowable Land Uses).

Development standards. The standards for specific uses in Section 16-40 supplement and are required in addition to those in Articles II (Zones and Allowable Land Uses) and III (General Development Standards and Parking Standards).

• a. The applicability of the standards in Section 16-40 to the specific land uses listed is determined by Article II (Zones and Allowable Land Uses).

• b. In the event of any conflict between the requirements of Section 16-40 and requirements of Articles II (Zones and Allowable Land Uses) or III (General Development Standards and Parking), the requirements of Section 16-40 shall control.

This Section provides exceptions for detached two-family dwelling units, as defined in Article X (Definitions), where allowed by Article II (Zones and Allowable Land Uses).

• A. General. Attached two-family dwelling units primarily exist in the R-2 zone. The R-2 zone is located exclusively in the Old Tiburon/Lyford’s Cove neighborhood. This

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-3

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.020

Standards for Specific Land Uses

neighborhood was created by a subdivision in the nineteenth century and generally has been characterized by densely developed small lots, steep slopes, narrow winding streets, and inadequate parking.

Attached two-family dwellings are, and have historically been, the predominant form of two-family dwelling allowed in the R-2 zone. An unregulated proliferation of detached two-family dwellings could substantially alter the existing development pattern and character of the Old Tiburon neighborhood in that detached units on small lots create a de facto single-family residential land use pattern on significantly smaller lots than is allowed in any single-family residential zone in the Town.

The Town recognizes that limited instances may occur where a detached two-family dwelling may be a preferable land development solution due to physical characteristics of an individual lot or due to the specific nature of a lot’s immediately surrounding pattern of development.

• B. Purpose and authority. The purpose of the detached two-family dwelling exception is to limit approval of such uses to lots where the applicant has successfully addressed land use compatibility issues and neighborhood impacts, and where the detached units will result in a demonstrably superior site planning solution as compared to a probable attached twofamily dwelling.

The Review Authority may grant a detached two-family dwelling exception for any lot in the R-2 zone that meets the “minimum lot area” and “minimum lot area per dwelling unit” land and structure regulations for the R-2 zone as set forth in Section 16-21.040 (Residential Zones Development Standards).

• C. Application and fee. The application for a detached two-family dwelling exception shall be filed in conjunction with a Site Plan and Architectural Review application for the project in compliance with Section 16-50.030 (Application Preparation and Filing), and shall be accompanied by the appropriate additional filing fee.

• D. Information required. Lists of information and materials that are required for a complete detached two-family dwelling exception application are available from the Tiburon Planning Division. The Director may require additional information, plans, drawings, or other documents if needed to assist in making an informed decision on the application.

• E. Notice and hearing required. A hearing as prescribed in Section 16-64 (Public Hearings) shall be held to consider every application for a detached two-family dwelling exception. Notice shall be given in compliance with Section 16-64.030 (Notice of Hearing).

• F. Criteria for review and approval. The Design Review Board shall consider the following criteria prior to taking action on an application for a detached two-family dwelling exception:

  1. The lot area is adequate to reasonably accommodate two detached units in a functional site layout that substantially meets the land and structure regulations of the R-2 zone;

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-4

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.020

Standards for Specific Land Uses

Physical conditions exist on the lot that render impractical or difficult the construction of attached units; or the site planning superiority and land use compatibility benefits of detached units are clearly demonstrated for the lot;

3. Two dwelling units in two detached buildings would likely reduce visual, environmental, privacy or other impacts as compared to a probable attached twofamily dwelling on the lot;

4. The permit history of the lot has been researched and provides no evidence of selfcreated hardship, self-created nonconformity, or other pattern of activity that would act to circumvent the purpose of this Section;

5. All vehicular access shall be convenient, shall comply with industry standards for ingress and egress, and shall not result in adverse impacts on neighboring properties and/or streets.

In conducting its evaluation of the criteria, the Review Authority shall also review the lot for evidence that its physical limitations are of such severity that a single-family dwelling may be the appropriate level of development for the lot, and shall consider any such evidence in its deliberations.

• G. Required condition. The following condition shall be imposed on any approval for a detached two-family dwelling:

“Prior to issuance of a Certificate of Occupancy for the project, Owner shall record a deed restriction prohibiting future condominiumization or subdivision of the property for the duration that the Detached Two-Family Dwelling remains in existence. Said deed restriction shall be reviewed and approved by the Town Attorney prior to recordation, and following recordation, a recorded copy shall be transmitted to the Town for its permanent record.”

The Town finds this condition is necessary to avoid de facto upzoning of property and to protect the Town’s existing stock of rental housing.

• H. Recommended conditions . The Review Authority shall consider the application of conditions to the approval of a detached two-family dwelling exception, including but not limited to the following:

  • a. At least four on-site non-tandem standard-sized residential parking spaces shall be provided. No more than three of these spaces may be side-by-side, as viewed from any street open to use by the public;

• b. One unit shall be significantly smaller than the other; with a minimum sixty percent to forty percent ratio floor area split between the two units;

  • c. No floor area exception shall be allowed for the project;

  • d. No lot coverage variance shall be allowed for the project;

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-5

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.030

Standards for Specific Land Uses

• e. No height variance shall be allowed for the project;

• f. No side yard or rear yard setback variances shall be allowed for the project.

• I. Action by Review Authority. The Review Authority may approve, approve with conditions, or deny any application for a detached two-family dwelling exception. In taking its action, the Review Authority shall make findings based on evidence in the record. The burden rests with the applicant to convince the board that the project has met the criteria necessary for approval.

J.

Appeal--Expiration--Reapplication

• a. The decision of the Review Authority may be appealed to the Council in compliance with the provisions of Section 16-66 (Appeals).

• b. Detached two-family dwelling exceptions shall expire and become null and void three years after the date of approval unless a Building Permit has been issued before the date of expiration.

• c. Following the denial of an application for a detached two-family dwelling exception, no application for the same or substantially the same exception shall be filed within one year of the date of denial unless the denial is made without prejudice.

This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs), where allowed by Article II (Zones and Allowable Land Uses). The intent of these provisions is to ensure that compatibility between the B&Bs and any adjoining zone or use is maintained or enhanced.

• A. Permit requirement. B&Bs are allowable in the zones and with the permit requirements determined by Articles II (Zones and Allowable Land Uses) and V (Zoning Permit Procedures).

• B. Site requirements. Except for minimum lot size requirements, the proposed site shall conform to all standards of the applicable residential zone.

• C. Appearance. The exterior appearance of the structure used for the B&Bs shall be outwardly indistinguishable from that of a single family residence.

• D. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. No receptions, private parties, retreats, or similar activities, for which a fee is paid, shall be allowed.

• E. Occupancy by permanent resident required. All B&Bs shall be occupied by at least one permanent resident.

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-6

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.040

Standards for Specific Land Uses

• F. Signs. Signs shall be installed/maintained in compliance with Municipal Code Chapter 16A (Signs).

• G. Fire safety. A B&B shall comply with applicable Fire District regulations.

• H. Parking. On-site parking shall be provided in compliance with Section 16-32 (Parking and Loading Standards). One parking space shall be provided for each guest room plus two covered spaces for the resident family.

• I. Business license. A B&B shall have a valid business license from the Town.

This Section establishes standards for the seasonal rental of a dwelling unit in any residential zone. The intent of these provisions is to ensure compatibility between seasonal rental units and adjoining zones or uses.

General criteria. Prior to its establishment and/or operation, a seasonal rental unit shall be required to obtain a Home Occupation Permit, tailored to seasonal rental purposes, pursuant to the requirements of Section 16-52.110, including Subsections D & F, except that the following general criteria shall be used instead of the general criteria and operating standards contained in Section 1652.110 (B & C):

1. Signs. Signs shall be installed/maintained in compliance with Municipal Code Chapter 16A (Signs).

2. Parking. On-site parking shall be provided as required for a single-family dwelling unit in compliance with Section 16-32 (Parking and Loading Standards).

3. Fire safety. The seasonal rental unit shall comply with applicable Fire District regulations.

4. Outdoor space. The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgment of the Director. Approval of the seasonal rental unit may be conditioned upon the installation of screening, fencing, plantings and/or other such installations and conditions to help ensure compatibility of the seasonal rental unit with the surrounding area.

5. Limitations. In no event shall the owner of the seasonal rental unit or their agent rent an individual room in the seasonal rental unit to a person, family, or other group of persons.

6. Business license. A seasonal rental unit shall have a valid business license from the Town.

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-7

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.050

Standards for Specific Land Uses

• A. Applicability. Where allowed by Article II (Zones and Allowable Land Uses) child daycare facilities shall comply with the standards of this Section. As provided by State law (Health and Safety Code Sections 1596.78, et seq.), small and large family day-care homes are allowed within any single-family residence located in a residential zone.

These standards apply in addition to the other provisions of this Zoning Ordinance and requirements imposed by the California Department of Social Services (DSS), or successors thereto. DSS Licensing is required for all child day-care facilities. A DSS License for a child day-care facility shall be obtained and evidence of the license shall be presented to the Department prior to establishing any child-care facility.

• B. Definitions. Definitions of large and small family day care facilities regulated by this Section can be found in Article X (Definitions) under “Child day-care facilities” and “Child day-care center”.

• C. Child day-care centers (15 or more children). Child day-care centers are allowed in the zones as set forth in Article II (Zones and Allowable Land Uses), subject to Conditional Use Permit approval in compliance with Section 16-52.040 (Conditional Use Permit), and all of the standards in Subsection D, below.

• D. Standards for child day-care facilities. Child day-care facilities are subject to the following standards:

  1. Standards for a large family day-care home. As allowed by Health and Safety Code Sections 1597.46 et seq., a large family day care home shall be approved if it complies with the following standards:

  - **a. Location requirements.** No residential property shall be bordered on more than one side by a large family day-care facility. The Director shall also determine that the proposed facility will not result in an over concentration of child-care facilities to the detriment of the neighborhood. 
  
  - **b. Passenger loading area.** A drop-off and pick-up area shall be established to ensure that children are not placed at risk and street traffic is not unduly interrupted. The driveway may serve as a drop-off area, provided that the driveway is not required to remain available for resident or employee parking. 
  
  - **c. Parking.** Adequate off-street parking shall be available to accommodate residents of the site and all employees, staff and/or volunteers engaged at the child-care facility. On-street parking may be substituted for the required off-street parking for employees and/or volunteers if the applicant can demonstrate to the satisfaction of the Director that there is adequate on-street parking for this purpose in the immediate area without creating a parking problem for adjacent uses. 
  
  - **d. Signs.** All signs shall be in compliance with Municipal Code Chapter 16A
  

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-8

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.060

Standards for Specific Land Uses

(Signs).

2. Standards for child day-care centers. The following standards apply to child day-care centers in addition to the standards in Subsection D.1, above.

• a. Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area. All fences or walls shall provide for safety with controlled points of entry in compliance with 16-30.040 (Fences and Walls).

• b. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded, subject to the approval of the Director.

• c. Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after establishment of the child day-care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a child day-care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

• A. Applicability. Where allowed by Article II (Zones and Allowable Land Uses) emergency shelter facilities shall comply with the standards of this Section.

• B. Performance Standards. An Emergency Shelter shall meet the following development and performance standards:

  1. On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-ofway, and of intensity compatible with the surrounding area.

3. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

   • a. Central cooking and dining room(s).

   • b. Recreation room.

   • c. Counseling center.

   • d. Child care facilities.

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-9

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.060

Standards for Specific Land Uses

• e. Other support services.

4. Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area.

5. A refuse storage area shall be provided that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the Review Authority. The refuse enclosure shall be accessible to refuse collection vehicles.

6. The agency or organization operating the shelter shall comply with the following requirements:

   • a. Temporary shelter shall be available to residents for no more than six months. No individual or household may be denied emergency shelter because of an inability to pay.

   • b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

   • c. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

7. No emergency shelter shall be located within three hundred feet of another emergency homeless shelter site.

8. The facility shall be in, and shall maintain at all times, good standing with Town and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.

9. The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed ten persons.

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-10

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-40.060

Standards for Specific Land Uses

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-11

TOWN OF TIBURON MUNICIPAL CODE –TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-42.010

Wireless Communications Facilities

Section:

16-42.010 - Purpose 16-42.020 - Definitions

• 16-42.030 - Applicability

• 16-42.040 - Permit Requirements for Wireless Communication Facilities

• 16-42.050 - Amateur Radio Antennas

• 16-42.060 - Correction of Interference Problems

• 16-42.070 - Removal of Discontinued Facilities Required

• 16-42.080 - Nonconforming Facilities

• 16-42.090 - Maintenance of List and Map of Wireless Communication Facilities

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.

The technical terms and phrases used in Section 16-42 are defined in Article X (Definitions) under "Wireless Communications Facilities."

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);

Television broadcast system (TVBS) antennas provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any groundmounted antenna is within a required front yard setback for the main building, in

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-12

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-42.040

Wireless Communications Facilities

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 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 16-52.020.B (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.

• 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-

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-13

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-42.040

Wireless Communications Facilities

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.

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 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.

indings 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 certified 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.

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-14

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-42.050

Wireless Communications Facilities

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.

proved 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.

• 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 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.

• 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

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-15

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-42.060

Wireless Communications Facilities

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.

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, powering down systems and engineering analysis), and all costs arising from third party claims against the Town attributable to such interference.

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.

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.

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-16

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-42.090

Wireless Communications 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.

Article IV - Standards for Specific Land Use Activities

Effective 4-16-2010

IV-17

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE