Ordinance 2003-22
ORDINANCE NO. 2003 -22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
REPEALING SECTION 35 IN ITS ENTIRETY AND ADDING A NEW SECTION 35
OF THE GILROY ZONING ORDINANCE AND ESTABLISHING REGULATIONS
AND STANDARDS FOR THE PROCESSING OF APPLICATIONS FOR WIRELESS
TELECOMMUNCATION FACILITIES, ANTENNAS, AND WINDMILLS AT SITES
IN THE CITY OF GILROY
WHEREAS, the United States Congress adopted the 1996 Federal Telecommunications
Act, which encourages the growth of the telecommunications industry through deregulation,
while confirming local government's ability to regulate the installation of "PCS" and cellular
telephone facilities and related telecommunication facilities for reasons of health, safety and
aesthetics;
WHEREAS, the City Council anticipates that there will be inquiries regarding
applications for the installation and operation of telecommunication antennas and related
facilities;
WHEREAS, on February 3, 2003, the City Council held a public work session to further
the community's understanding of the Telecommunications Act and issues associated with the
telecommunications industry;
WHEREAS, on June 9, 2003, the City Council held a public work session to discuss and
provide direction to staff on what elements should be included in a wireless telecommunication
siting ordinance; and,
WHEREAS, the City Council finds the adoption of an ordinance providing for the siting
and development review process for Wireless Telecommunication Facilities will protect the
public health, safety and welfare.
THEREFORE, The City Council of the City of Gilroy does ordain as follows:
SECTION I. FINDINGS
1. At its June 9, 2003, special work session, the City Council directed staff to develop a
comprehensive ordinance to regulate telecommunications facilities and other antenna
installations in anticipation of the potential growth of the telecommunications industry.
2. The proposed Ordinance is consistent with the goals and policies contained within the
City of Gilroy General Plan and provides standards to preserve the scenic and visual
character of the city.
3. The proposed Ordinance provides additional development standards to protect residential
areas.
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4. The proposed Ordinance will allow for the orderly review of Wireless
Telecommunication Facility applications in a consistent manner, which is in compliance
with federal laws.
5. On October 2, 2003, the Gilroy Planning Commission held a duly noticed public hearing
on this matter and recommended that the City Council approve the draft Wireless
Telecommunications Facilities Ordinance.
6. On October 6, 2003, the Gilroy City Council held a duly noticed public hearing to receive
public testimony and consider adoption of the proposed Wireless Telecommunications
Facilities Ordinance. The City Council directed a number of modifications to the draft
Ordinance and scheduled the Ordinance for first reading on October 20, 2003.
7. An Environmental Impact Report was prepared in compliance with the California
Environmental Quality Act (CEQA) for the City of Gilroy's General Plan Update. On
June 13, 2002, the City Council certified the Final Environmental Impact Report and
adopted a Statement of Overriding Considerations. General Plan Policy 19.12 (New
Technologies) encourages the development and regulation of telecommunication
facilities. Pursuant to Section 21093 of the CEQA Guidelines, the proposed Wireless
Telecommunication Facilities Ordinance is tiered off the approved Final Environmental
Impact Report as an Implementation Action of the General Plan Update.
SECTION II
The City Council of the City of Gilroy hereby adopts the following regulations:
Section 35 of the Zoning Ordinance is hereby repealed it its entirety and a new Section 35 is
adopted, as follows:
Section 35. Wireless Telecommunication Facilities, Antennas and Windmills.
Sections:
35.10 Purpose and Intent.
35. 11 Definitions.
35.12 Applicability.
35. 13 Exemptions.
35.14 Permit Required.
35.15 Pre-application.
35.16 Minimum Application Requirements.
35.17 General Requirements.
35. 18 Structural, Design and Environmental Standards.
35.19 NIER Exposure.
35.20 Required Findings for Wireless Telecommunication Facilities.
35.21 Implementation and Monitoring Costs.
35.22 Operation and Maintenance Standards.
35.23 Telecommunication Act Exception Procedure.
35.24 Appeals.
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35.25 Transfer of Operations.
35.26 Revocation of Permit.
35.27 Indemnity and Liability.
35.10 Purpose and Intent.
The purpose and intent of this section is to provide a uniform and comprehensive set of standards
for the development, siting, installation and operation of wireless telecommunications antennas
and related facilities ("Wireless Telecommunication Facilities") for personal wireless services.
These regulations are designed to protect and promote public safety and community welfare,
preserve the visual character of the City, to establish development standards that are consistent
with federal law related to the development of wireless telecommunication transmission
facilities, to acknowledge the community benefit associated with the provision of wireless
telecommunication services within the City, and to provide incentives for well designed and well
placed facilities.
A. The objectives of this section include but are not limited to the following:
1. General Order 159 A of the Public Utilities Commission (PUC) of the State of California
acknowledges that local citizens and local government are often in a better position than
the PUC to measure local impact and to identify alternative sites. Accordingly, the PUC
will generally defer to local governments to regulate the location and design of cell sites,
wireless telecommunication facilities and Mobile Telephone Switching Offices (MTSOs)
including (a) the issuance ofland use approvals, (b) acting as Lead Agency for purposes
of satisfying the California Environmental Quality Act (CEQA), and (c) the satisfaction
of noticing procedures for both land use and CEQA procedures,
2. Foster an aesthetically pleasing urban environment, prevent visual blight, protect and
preserve public safety and general welfare, and maintain the character of residential and
adjacent neighborhood commercial areas consistent with the adopted General Plan and
Specific Plans and in compliance with applicable state and federal legislation,
3. Establish and maintain telecommunications facilities that are components of a wireless
telecommunications infrastructure designed to enhance the City's emergency response
network and do not interfere with such emergency systems in violation of applicable
federal or state regulations,
4. Establish a process for obtaining necessary permits for Wireless Telecommunication
Facilities that provides greater certainty to both applicants and interested members of the
public while ensuring compliance with all applicable zoning requirements,
5. Because wireless telecommunications antennas and related facilities for cellular and
mobile phones and personal communications systems are a commercial use that are
usually separate from and are rarely accessory to the primary use of a parcel, to dissuade
locating such facilities in residentially zoned districts unless (a) such location is necessary
to provide personal wireless services to residents and businesses in the City of Gilroy, or
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their owners, customers, guests, or invitees, or other persons traveling in or about the City
of Gilroy, (b) the wireless telecommunications facilities are designed to interfere as little
as possible with the character of the neighborhood, and (c) another feasible alternative
site or sites exist that can provide comparable services individually or in combination, as
evidenced by a report provided by the applicant,
6. Provide opportunities for further reduction in potential aesthetic or land use impacts of
wireless telecommunications facilities as changes in technology occur, and
7. To promote use of wireless telecommunications technology, where appropriate and
within the scope of available resources, to enhance the economic vitality of Gilroy.
35.11 Definitions.
Amortize - The period of time necessary to secure full value of the legal owner's investment in
the Wireless Telecommunication equipment pursuant to the regulations of Generally Accepted
Accounting Principals ("GAAP") as established by the American Institute of Certified Public
Accountants (AICP A).
Antennas - Any system of wires, poles, rods, reflecting discs, dishes, flat panels, or similar
devices, including "whip antennas", attached to a telecommunications tower, mast or other
structure, which in combination with the radio-frequency radiation generating equipment
associated with a base station are used for the transmission or reception of electromagnetic
waves.
Base Station - The primary sending and receiving site in a wireless telecommunications network,
including all radio-frequency generating equipment connected to antennas. More than one base
station and/or more than one variety of telecommunications providers can be located on a single
tower or structure.
Cellular Service - A wireless telecommunications service that permits customers to use mobile
telephones and other communication devices to connect, via low-power radio transmitter sites,
either to the public-switched telephone network or to other fixed or mobile communication
devices.
Channel - The segment of the radiation spectrum from an antenna, which carries one signal. An
antenna may radiate on many channels simultaneously.
Co-location or Co-located Facility - When more than one wireless service provider share a
single wireless communication facility. A co-located facility can be comprised of a single tower,
mast/pole or building that supports two or more antennas, dishes, or similar wireless
communication devices, that are separately owned or used by more than one public or private
entity. Co-location can consist of additions or extensions made to existing towers so as to
provide enough space for more than one user, or it can involve the construction of a new
replacement tower with more antenna space that supplants an older tower with less capacity.
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Placing new wireless telecommunication facilities/antennas upon eXIstmg or new P.G.&E. or
other utility towers or poles (e.g., "micro-cell" sites) is also considered co-location.
Communication Equipment Shelter - A structure located at a base station designed principally to
enclose equipment used in connection with telecommunication transmissions.
dBm - Unit of measure of the power level of an electromagnetic signal expressed in decibels
referenced to 1 milliwatt.
Dish Antenna - Any device incorporating a reflective surface that is solid, open mesh, or bar
configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or
receive electromagnetic signals.
Equipment Building, Shelter or Cabinet - A cabinet or building used to house equipment used by
wireless telecommunication providers at a facility.
FAA - Federal Aviation Administration.
FCC - Federal Communications Commission, the government agency responsible for regulating
telecommunications in the United States.
GHz - Gigahertz - One billion hertz.
Ground-Mounted Wireless Telecommunication Facility - Any antenna with its base placed
directly on the ground, or that is attached to a mast or pipe.
Hertz - One hertz is a unit of measurement of an electric or magnetic field, which reverses its
polarity at a frequency of once per second (i.e., one cycle or wavelength per second).
Major Modification to Power Output - Any of the following resulting in an increase in the
wireless communication facility's power output and/or increase in the intensity or change in the
directionality of NIER propagation patterns: increase or intensification, or proposed increase or
intensification, in power output or in size or number of antennas; change in antenna type or
model; repositioning of antenna(s); change in number of channels per antenna above the
maximum number previously approved by the City of Gilroy, including changes to any/all RF-
generating equipment/componentry that are attached to antennas.
Major Modification to Visual Impact - Any increase or intensification, or proposed increase or
intensification, in dimensions of an existing and/or permitted wireless communications facility
(including, but not limited to, its telecommunications tower or other structure designed to
support telecommunications transmission, receiving and/or relaying antennas and/or equipment)
resulting in an increase of the visual impact of said wireless communications facility.
MHz - Megahertz - One million hertz.
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Microcell Site - A small radio transceiver facility comprised of an unmanned equipment cabinet
with a total volume of one hundred (100) cubic feet or less that is either under or aboveground,
and one omni-directional whip antenna with a maximum length of five feet, or up to three small
(approximately l'x 2' or l'x 4') directional panel antennas, mounted on a single pole, an existing
conventional utility pole, or some other similar support structure.
Monitoring - The measurement, by the use of instruments in the field, of radio-frequency/non-
ionizing radiation exposure at a site as a whole, or from individual wireless telecommunication
facilities/towers/ antennas/repeaters.
Monitoring Protocol - An industry accepted radio-frequency (RF) radiation measurement
protocol used to determine compliance with FCC RF radiation exposure standards, in accordance
with the National Council on Radiation Protection and Measurements Reports 86 and 119 and
consistent with the RF radiation modeling specifications of OET Bulletin 65 (or any superceding
reports/standards), which is to be used to measure the emissions and determine radio-frequency
radiation exposure levels from existing and new telecommunications facilities. RF radiation
exposure measurements are to be taken at various locations, including those from which public
RF exposure levels are expected to be the highest.
MMDS - Multi-channel, Multi-point Distribution Services (also known as "wireless cable").
MTSOs - Mobile Telephone Switching Offices.
Monopole - A single pole-structure erected on the ground to support one or more wireless
telecommunication antennas and connecting appurtenances.
Non-Ionizing Electromagnetic Radiation (NIER) - Radiation from the portion of the
electromagnetic spectrum with frequencies of approximately 1 million GHz and below, including
all frequencies below the ultraviolet range, such as visible light, infrared radiation, microwave
radiation, and radio frequency radiation.
Non-Major Modification or Maintenance Activity - A modification that is not a major
modification to power output and is not a major modification to visual impact, or a maintenance
activity that does not result in a major modification to power output or a major modification to
visual impact.
PCS - Personal Communications Services - Digital wireless telecommunications technology such
as portable phones, pagers, faxes and computers. Also known as Personal Communications
Network (PCN).
PUC or CPUC - California Public Utilities Commission.
PUD - Planned Unit Development.
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Personal Wireless Services - Commercial mobile services, unlicensed wireless servIces, and
common carrier wireless exchange access services. These services include: cellular services,
personal communication services, specialized mobile radio services, and paging services.
Radio-Frequency (RF) Radiation - Radiation from the portion of the electromagnetic spectrum
with frequencies below the infrared range (approximately 100 GHz and below), including
microwaves, television VHF and UHF signals, radio signals, and low to ultra low frequencies.
Repeater - A small receiver/relay transmitter of relatively low power output designed to provide
service to areas that are not able to receive adequate coverage directly from a base or primary
station.
Stealth Technology/Techniques - Camouflaging methods applied to wireless telecommunication
towers, antennas and/or other facilities, which render them visually inconspicuous.
Significant Gap - A gap in the service provider's (applicant carrier's) own personal wireless
services network within the City of Gilroy, as defined in federal case law interpretations of the
Federal Telecommunications Act of 1996.
Structurally Able - The determination that a tower or structure is capable of carrying the load
imposed by the new antennas under all reasonably predictable conditions as determined by
professional structural engineering analysis.
Structure-Mounted Wireless Telecommunication Facility - Any immobile antenna (including
panels and directional antennas) attached to a structure, such as a building fa9ade or a water
tower, or mounted upon a roof
Telecommunication Tower (tower) - A mast, pole, monopole, guyed tower, lattice tower,
freestanding tower, or other structure designed and primarily used to support antennas.
Viable - Primarily in reference to the Alternatives Analysis, an alternative site for which there is
a property owner/manager interested in renting, leasing, selling, or otherwise making available,
space for one or more Wireless Telecommunication Facilities upon said site on reasonable terms
commensurate with the market in the City of Gilroy.
Visual Impact - An adverse effect on the visual and/or aesthetic environment. This may derive
from blocking of a view, or introduction of elements that are incompatible with the scale, texture,
form or color of the existing natural or human-made landscape, including the existing
community character of the neighborhood.
Wireless Telecommunication (or "Telecommunications") Facility - A facility, including all
associated equipment, which supports the transmission and/or receipt of electromagnetic/radio
signals. Wireless Telecommunication Facilities include cellular radiotelephone service facilities,
personal communications service facilities (including wireless internet), specialized mobile radio
service facilities, and commercial paging service facilities. Components of these types of
facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other
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types of equipment for the transmission or receipt of such signals, telecommunication towers or
similar structures supporting said equipment, equipment buildings, parking area, and other
accessory development.
35.12 Applicability.
Facilities regulated by this Ordinance include the sltmg, design, construction, major
modification, and operation of all Wireless Telecommunication Facilities, including Federal
Communication Commission (FCC) regulated dish antennas, antennas used for Multi-channel,
Multi-point Distribution Services (MMDS) or "Wireless Cable," personal wireless service
facilities (e.g., cellular phone services, PCS - personal communication services, wireless paging
services, etc.), television antennas and windmills. The regulations in this Ordinance are intended
to be consistent with state and federal law, particularly the Federal Telecommunications Act of
1996, in that they are not intended to: (1) be used to unreasonably discriminate among providers
of functionally equivalent services, (2) have the effect of prohibiting personal wireless services
within the City of Gilroy, or (3) have the effect of prohibiting the siting of Wireless
Telecommunication Facilities on the basis of the environmentallhealth effects of radio frequency
emissions, to the extent that the regulated services and facilities comply with the regulations of
the Federal Communications Commission concerning such emissions.
35.13 Exemptions.
A. The following Wireless Telecommunications Facilities shall be exempt from this Ordinance:
1. A Wireless Telecommunication Facility shall be exempt from the provisions of this
section if and to the extent that a permit issued by the California Public Utilities
Commission (CPUC) or the rules and regulations of the Federal Communications
Commission (FCC) specifically provides the antenna is exempt from local regulation.
2. Direct Broadcast Satellite (DBS) antennas and Multipoint Distribution Services (MDS)
antennas which are 1 meter or less in diameter or diagonal measurement and Television
Broadcast Service (TVBS) antennas so long as they are located entirely on-site and are
not located within the required front yard setback area. This locational requirement is
necessary to ensure that such antenna installations do not become attractive nuisances
and/or result in accidental tripping hazards if located adjacent to a street or other public
right of way.
3. Satellite Earth Station (SES) antennas, which are two meters or less in diameter or in
diagonal measurement located in a Commercial or Industrial zoning district. However,
such antennas shall require building permit approval and Architectural and Site Review
by the Planning Division to ensure maximum safety is maintained. In order to avoid the
creation of an attractive nuisance, reduce accidental tripping hazards and maximize
stability of the structure, such antennas shall be placed whenever possible on the top of
buildings and as far away as possible from the edges of rooftops.
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4. A ground- or building-mounted citizens band or two-way radio antenna including any
mast.
5. A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur
radio operator as part of the Amateur or Radio Service, provided the antenna does not
exceed 35 feet in the Rl and R2 Zone Districts, 30 feet in the RH Zone District, 45 feet in
the R3 Zone District, 75 feet in the R4 Zone District and 50 feet in the Public Facilities
Zone District. Amateur radio antennas that exceed the height limit in residential zone
districts are required to secure approval of a Conditional Use Permit.
6. A ground- or building-mounted receive-only radio or television antenna which does not
exceed the height requirements of the zoning district, or television dish antenna which
does not exceed three (3) feet in diameter if located on residential property within the
exclusive use or control ofthe antenna user.
7. A television dish antenna that is no more than six (6) feet in diameter and is located in
any area where commercial or industrial uses are allowed by the land use designation.
Television dish antennas greater than one (1) meter in diameter in the Rl and R2 zones
shall be permitted only between the main dwelling unit and the rear property line, or
attached to the rear roof eave or building wall and not within twenty (20) feet of any
property line adjacent to a public right of way. Dish antennas greater than one (1) meter
shall not be placed higher than eighteen (18) feet. In other zone districts, dish antennas
shall be screened to comply with Section 50.45 of the Zoning Ordinance related to
mechanical appurtenances, whether such antenna is located on the roof or on the ground.
8. Temporary mobile wireless services, including mobile wireless telecommunication
facilities and services providing public information coverage of news events, of less than
two-weeks duration.
9. Hand held devices such as cell phones, business-band mobile radios, walkie-talkies,
cordless telephones, garage door openers and similar devices.
10. Wireless Telecommunication Facilities and/or components of such facilities to be used
solely for public safety purposes, installed and operated by authorized public safety
agencies (e. g., County 911 Emergency Services, police, sheriff, and/or fire departments,
first responder medical services, hospitals, etc.), are exempt from the provisions of this
Ordinance.
11. Any non-major modification or maintenance activities carried out as part of the routine
operation of Wireless Telecommunication Facilities.
12. Small scale, low powered, short-range wireless Internet transmitter/receivers (e.g., "Wi-
Fi hotspots").
13. A television antenna that is not located in any front or side yard setback, at least six (6)
feet from any property boundary, set back ten (10) feet from any overheard electrical
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power line, located such that any collapse of the antenna will not result in contact with
any power line carrying over four thousand (4,000) volts, and does not exceed the zone
district height limit by more than fifteen (15) feet.
14. Windmills that conform to all height and setback requirements established for the main
building in the zone district. The setback shall be measured from the greatest possible
extension of any fixed or movable part of the windmill or related structure. Windmills
shall be located at least ten (10) feet from any overhead electrical power line.
15. Telemetry facilities used solely for the monitoring and control of water, sewer, irrigation,
and flood and storm control systems.
35.14 Permits Required.
A. Permit Required. No Wireless Telecommunications Facility except those designated in
Section 35. 13 (Exemptions) shall be installed or erected in the City limits of Gilroy except
upon approval of a permit as set forth in the Table 35.1. Table 35.1 identifies the type of
permit required in each general zoning classification.
B. Co-location. Each service provider located on a co-location site must obtain a permit
independent of the other service providers in the same locations. Multiple service providers
may submit one application for all intended co-located facilities.
C. Architectural and Site Review Permit. Applications, which require approval of a Conditional
Use Permit, shall also require approval of an Architectural and Site Review permit.
D. Conflicting Provisions. Use permits and Architectural and Site Review permits shall be
processed in accordance with the Gilroy Zoning Ordinance Sections 50.30 and 50.40,
respectively, and in accordance with the provisions of this Ordinance. In the event of any
conflict between the provisions of this Ordinance and the provisions of Sections 50.30 and
50.40, the provisions of this Ordinance shall be controlling.
E. Findings. In approving or denying any permit required by this Ordinance, written findings
shall be made for the particular permit sought setting forth the factual basis for the decision
in accordance with Section 35.20.
F. Conditions. In approving an application, the City may impose such conditions, as it deems
appropriate or necessary to further the purposes of this Ordinance, including, but not limited
to redesign or relocate the facility and resubmit a revised proposal for further consideration.
G. Wireless Telecommunication Services Not Prohibited. Notwithstanding anything contained
in this Ordinance to the contrary, no decision made pursuant to this Ordinance shall have the
effect of prohibiting the provision of wireless telecommunication services in the City.
H. Notification. Except for exempt facilities listed in Section 35.13 and Wireless
Telecommunication Facilities that are in commercial or industrial zone districts and at least
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500 feet from a residential dwelling, all property owners within five hundred feet (500') of a
property on which a Wireless Telecommunications Facility is proposed shall be notified of
the Wireless Telecommunication Facility application as provided in Section 51.31 of the City
of Gilroy Zoning Ordinance. Applicants for Wireless Telecommunication Facilities that are
proposed in industrial or commercial zone districts and are within 500 feet of a residential
dwelling shall provide notification to all residential uses in the 500-foot radius from the
property boundaries of the proposed facility pursuant to the procedures in Section 51.32
(Notices) of the City of Gilroy Zoning Ordinance.
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ReqUIre ermlt atnx
General Zonin2 Districts
Type of Residential Districts Commercial and Publicly Owned Open Space
Permit and Mixed-use Industrial Districts Property Districts
Projects with
Residential Uses
Conditional All Wireless All Wireless
Use Permit - Telecommunication Telecommunication
Planning Facilities except Facilities except
Commission those designated in those designated in
Review 35. 13 Exemptions 35.13 Exemptions
Architectural All Wireless All Wireless
and Site Telecommunication Telecommuni-
Review - Facilities except cation Facilities
Staff Review those designated in except those
35. 13 Exemptions designated in
35.13
Exemptions
Table 35.1
. dP . M
35.15 Pre-application.
A pre-application conference is strongly recommended for all Wireless Telecommunication
proposals. Two pre-application submittals are encouraged. The first should take place at the
earliest stage of looking for an appropriate site and should include a map of the geographic
service area and geographic area where an antenna site could be located. A second pre-
application submittal is recommended after the site is selected and should include a Site Review
and architectural drawings illustrating the visual impacts of the project. A pre-application
submittal is not considered a development application and no fee is charged for review of
material submitted at this stage.
35.16 Minimum Application Requirements.
Information to be Provided. For all Wireless Telecommunications Facilities, the applicant shall
provide the information listed below. Application for a Wireless Telecommunications Facility
shall be made upon a form to be provided by and shall be submitted to the Planning Division.
Application requirements that contain an asterisk after the item are required for all applications
that require a Conditional Use Permit only. The number and size of plans shall be determined
by the Planning Manager, who may waive certain submittal requirements or require additional
information based on specific project factors.
A. Proposed Wireless Telecommunications Facility Plans.
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1. Site Review. Provide a Site Review Plan, drawn to a measurable scale, showing the
metes and bounds of the property, showing the location of existing features of the site
including existing structures, roads, landscaping, trees and other significant natural
features. The Site Review shall also show the location of each new structure to be located
on the site including telecommunications antennas, base transceiver stations, equipment
cabinets and buildings, parking, lighting, and appurtenant structures including screening.
2. Elevations. Provide elevations and identifY heights of all proposed telecommunication
structures and appurtenances and composite elevations from the street of all structures on
site.
3. Colored Elevations. Colored renderings or perspectives of the street elevation and any
other elevation that will be visible from public view. A sample of colors and materials is
required at the time of application submittal.
4. Section Drawings. If applicable, section drawings shall be provided to show the
foundations/footings of new structures and how they affect existing conditions, including
landscaping.
5. Visual Impact Demonstrations. Using photo-simulations, photo-montage, story poles,
elevations or other visual or graphic illustrations, provide a visual impact demonstration
to determine potential visual impact including proper coloration and blending of the
facility with the proposed site.
6. Visibility Impacts. If the installation is located where it is visible to the public, identifY
what elements of the proposed facility (including screening) that can be viewed by the
public.
7. Landscape Plan. Provide a landscape plan that shows existing vegetation, indicating any
vegetation proposed for removal, and identifYing proposed plantings by type, size and
location. If deemed necessary by the Planning Manager, an arborist's report may be
required to verifY that the existing landscaping will not be adversely affected by the
installation of the facility. The arborist's report may recommend protective measures to
be implemented during construction.
8. Miscellaneous and Appurtenant Structures. Show all facility-related support and
protection measures to be installed. This includes, but is not limited to, the location( s)
and methode s) of placement, support, protection, screening, paint and/or other treatments
of the antennas, base transceiver stations, equipment cabinets and buildings, cables, and
other appurtenances to ensure public safety, ensure compatibility with urban design,
architectural and historic preservation principles, and harmony with neighborhood
character.
9. Other Wireless Telecommunication Facilities. A plan showing telecommunication
facilities of all wireless telecommunications service providers within 1,000 feet of the
proposed site including facilities located outside the City of Gilroy, if applicable.
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B. Narrative.
1. Antennas. List the number of antennas and base transceiver stations and/or equipment
cabinets and buildings per site by your carrier and, if there are other installations on a
site, list the number by each carrier.
2. Location. Describe the location and type of antenna installations (stand-alone rooftop,
rooftop attached to a mechanical penthouse or building facade) and location of the base
transceiver station(s), equipment cabinets and/or buildings.
3. Height. List the height from nearest adjacent grade to the top of the antennas
installation( s).
4. Radio Frequency. List the radio frequency range in megahertz and list the wattage output
of the equipment.
5. FCC Compliance. Provide a description stating that the system, including the antennas
and associated base transceiver stations, equipment cabinets and buildings, conform to
the radio-frequency radiation emission standards adopted by the FCC.
6. Maintenance. Provide a description of the anticipated maintenance and monitoring
program for the antennas and back-up equipment, including frequency of maintenance
services, back-up service plans for disruption of service due to repair, testing,
maintenance or monitoring activities.
7. Environmental Assessment. Provide sufficient information to permit the city to make any
required determination under the California Environmental Quality Act (CEQA).
8. Noise/Acoustical Information. Provide noise and acoustical information for the base
transceiver stations, equipment buildings and associated equipment such as air
conditioning units and back-up generators.
9. Site Selection Process. Provide a description explaining the site selection process
including information about other sites that were considered and reasons for their
rejection. In addition, carriers must demonstrate that facilities have been designed to
attain the minimum height required from a technological standpoint for the proposed site.
10. A Structural Professional Engineer's written description of the proposed tower/facility
structure and its capacity to support additional antennas or other communication facilities
at different heights and the ability of the tower to be shortened if future communication
facilities no longer require the original height.
C. Geographic Service Area. IdentifY the geographic service area for the subject installation,
including a map showing the site and the associated "next" cell sites within the network.
Describe the distance between cell sites. Describe how this service area fits into and is
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necessary for the company's service network. Illustrate the geographic area in which the
facility could be located showing all other sites that could be used for antenna location.
D. Five-year Plan. Provide a map showing how the proposed facility fits into the individual
service provider's network of existing and proposed antenna sites. Each application shall
include a five-year facilities plan. The five-year plan shall include:
1. Type of technology. A written description of the types of technology to be provided to its
customers over the next five years, (e.g., cellular, PCS, ESMR).
2. Radio Frequencies. A description ofthe radio frequencies to be used for each technology.
3. Services. The type of consumer services (voice, video, data transmission) and consumer
products (mobile phones, laptop PC's, modems) to be offered.
4. All facilities. Provide a list of all existing, existing to be upgraded or replaced, and
proposed cell sites within the city for these services by your company.
5. List of Information. Provide a list of the five-year cell sites, with the following
information:
a. List the cell sites by address and assessors parcel number.
b. The zoning district in which the site is located.
c. The type of building and the number of stories.
d. The name of the carrier (your company).
e. Appurtenant Equipment. The number of antennas and base transceiver stations,
equipment cabinets and buildings per site by your carrier and, if there are other
installations on a site, list the number by each carrier.
f Location. Describe the location and type of antenna installation (stand-alone rooftop,
rooftop attached to a mechanical penthouse or building facade) and location of the
base transceiver station, equipment cabinets and buildings.
g. Height. List the height from grade to the top of the antenna installation( s), the radio
frequency range in megahertz and the wattage output of the equipment.
6. Five-year Map. Using the city-zoning map as a base, show the five-year cell sites. If
individual properties are not known, show the geographic service areas of the cell sites.
E. Cumulative Effects. IdentifY the location of the applicant's antennas and backup facilities per
building and number and location of other Wireless Telecommunication Facilities on and
near the property; including the following:
ORDINANCE NO. 2003 -22
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1. Height. The height of all existing and proposed wireless telecommunications facilities on
the property, shown in relation to the height limit for the district and measured from
grade.
2. Antennas. The dimensions of each eXlstmg and proposed antenna, base transceiver
station, equipment cabinet and associated building and backup equipment on the
property.
3. Power Rating. The power rating for all existing and proposed backup equipment subject
to the application.
4. Ambient Radio Frequency. A report estimating the ambient radio frequency fields for the
proposed site.
5. Total Watts. The total number of watts per installation and the total number of watts for
all installations on the building (roof or side).
6. Facilities Within One Hundred Feet. The number and types of Wireless
Telecommunication Facilities within one hundred feet of the proposed site and provide
estimates of the cumulative electromagnetic radiation emissions at the proposed site.
F. Other Permit Requirements. The application information required by Section 50.32 and 50.42
of the Zoning Ordinance for the particular permit sought by the applicant (Conditional Use
Permit and/or Architectural and Site Review application).
G. Co-location Agreement. All telecommunications carriers shall provide a letter stating their
willingness to allow other carriers to co-locate on their facilities wherever technically and
economically feasible and aesthetically desirable. Telecommunication facility applicants
shall also provide written notice to all telecommunication providers in the City of Gilroy
stating their intent to locate a new wireless telecommunication facility and willingness to
allow other carriers to co-locate on their facility. To facilitate co-location when deemed
appropriate, conditions of approval for Conditional Use Permits shall require all service
providers to cooperate in the siting of equipment and antennas to accommodate the
maximum number of operators at a given site where found to be feasible and aesthetically
desirable. The applicant shall agree to allow future co-location of additional antennas and
shall not enter into an exclusive lease for the use of the site.
H. Alternatives Analysis. For applications for wireless communication facilities proposed to be
located in any residential zone districts or within a PUD with residential uses, an Alternatives
Analysis must be submitted by the applicant, subject to independent RF engineering review,
which shall at a minimum: *
1. IdentifY and indicate on a map, at a minimum two (2) viable, technically feasible, and
potentially environmentally equivalent or superior alternative locations for facilities
within residential zone districts or PUDs with residential uses, which could eliminate or
substantially reduce the significant gapes) in the applicant carrier's network intended to
be eliminated or substantially reduced by the proposed facility. If there are fewer than
ORDINANCE NO. 2003 -22
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two such alternative locations, the applicant must provide evidence establishing that fact.
The map shall also identify all locations where an unimpaired signal can be received to
eliminate or substantially reduce the significant gapes). For all non co-located wireless
communication facilities proposed in residential zone districts or PUD with residential
uses, the applicant must also evaluate the potential use of one or more microcell sites
(i.e., smaller facilities often mounted upon existing or replacement utility poles), and the
use of repeaters, to eliminate or substantially reduce said significant gaps in lieu of the
proposed facility. The applicant shall demonstrate that there are no feasible site or sites to
provide coverage. The analysis shall also consider that the applicant may need to provide
multiple, less obtrusive sites outside of a residential zone district or PUD with residential
uses as opposed to one site in the residential zone district to provide the same level of
coverage. For each alternative location so-identified, the applicant shall describe the type
of facility and design measures that could be used at that location so as to minimize
negative resource impacts (e.g., the use of stealth camouflaging techniques).
2. Evaluate the potential for co-location with existing wireless communication facilities as a
means to eliminate or substantially reduce the significant gape s) in the applicant carrier's
network intended to be eliminated or substantially reduced by the proposed facility.
3. Compare, across the same set of evaluation criteria and to similar levels of description
and detail, the relative merits of the proposed site with those of each of the identified
technically feasible alternative locations and facility designs. Such comparison analysis
shall rank each of the alternatives (i.e., the proposed location/facility and each of the
technically feasible location/design alternatives) in terms of impacts (i.e. from least to
most environmentally damaging), and shall support such ranking with clear analysis and
evidence.
4. Include photo-simulations of each of the alternatives (i.e., the proposed location/facility
and each of the technically feasible location/design alternatives).
5. Document good faith and diligent attempts to rent, lease, purchase or otherwise obtain the
use of at least two (2) of the viable, technically feasible alternative sites which may be
environmentally equivalent or superior to the proposed project site. The decision making
body may determine that an alternative site is not viable if good faith attempts to rent,
lease, purchase or otherwise obtain the site have been unsuccessful.
I. Security Plan. A plan for safety/security considerations, consistent with Section 35.19
(NIER Exposure). A detailed description of the proposed measures to ensure that the public
would be kept at a safe distance from any NIER transmission source associated with the
proposed wireless communication facility, consistent with the NIER standards of the FCC or
any potential future superceding standards, must be submitted as part of the application. The
submitted plans must also show that the outer perimeter of the facility site (or NIER hazard
zone in the case of rooftop antennas) will be posted with bilingual NIER hazard warning
signage that also indicates the facility operator and an emergency contact. The emergency
contact shall be someone available on a 24-hour a day basis who is authorized by the
applicant to act on behalf of the applicant regarding an emergency situation. For the
protection of emergency response personnel, each wireless communication facility shall have
ORDINANCE NO. 2003 -22
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an on-site emergency shut-off switch to de-energize all RF-related circuitry/componentry at
the base station site (including a single shut off switch for all facilities at a co-location site),
or some other type of emergency shut-off by emergency personnel acceptable to the local
Fire Chief, unless the applicant can prove that the FCC public exposure limits cannot be
exceeded in the vicinity of the proposed facility, even if firefighters or other personnel work
in close proximity to the antenna(s) or other RF radiation emitting devices/components.
1. Applications in Residential and PUD's with Residential Uses. For applications for new
wireless communication facilities in any residential zone districts or PUDs with residential
uses, the applicant must also disclose: *
1. Number, type(s), manufacturer(s) and model number(s) for all antennas and other RF-
generating equipment.
2. For each antenna, the antenna gain and antenna radiation pattern.
3. Number of channels per antenna, projected and maximum.
4. Power input to each antenna.
5. Power output, in normal use and at maximum output for each antenna and all antennas as
an aggregate.
6. Output frequency of the transmitter(s).
K. Fees. Payment of all filing fees and fees for processing and monitoring the permit application
as established in the Comprehensive Fee Schedule.
L. NIER Report. Submission of a NIER (Nonionizing Electromagnetic Radiation calculations)
report in accordance with Subsection 35.19.
M. Independent Review. The Planning Manager is explicitly authorized, at his/her discretion, to
employ on behalf of the City an independent technical expert to review any technical
materials submitted including, but not limited to, those required under this section and in
those cases where a technical demonstration of unavoidable need or unavailability of
alternatives is required. The applicant shall pay all the costs of such review including any
administrative costs incurred by the city at the time the application is filed.
N. Additional Information. The Planning Manager may require the applicant to submit
additional documentation prepared at the applicant's cost, which the Planning Manager
deems necessary to evaluate the proposed site or facility, including but not limited to,
identifying locations where a facility can be installed without prohibiting the service
provider's ability to provide its telecommunications service, information concerning the
applicant's network of telecommunications facilities, site selection criteria and radio
frequency emission coverage. The Planning Commission may also require the service
ORDINANCE NO. 2003 -22
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provider submit additional information based on issues raised at the public hearing that are
likely to be of significant concerns to the community.
35.17 General Requirements.
The following shall be met for all Telecommunication Facilities in all zoning districts:
A. Compliance with Plans and Policies. Any applicable General Plan Goals, Objectives,
Programs and Policies, Specific Plan, PUD Standards, Design Guidelines, and the permit
requirements of any agencies which have jurisdiction over the project.
B. Compliance with the Gilroy Municipal Code and Zoning Ordinance. All the requirements
established by the Gilroy Municipal Code and Gilroy Zoning Ordinance, which are not in
conflict with the requirements contained in this section.
C. Compliance with the Uniform Codes. Requirements of the Uniform Building Code, National
Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire
Code, as amended, where applicable.
D. Compliance with Easements or Other Restrictions. Any applicable easements or similar
restrictions on the subject property.
E. Compliance with the Setbacks. Wireless Telecommunication Facilities shall not be located
in any required yard setback area of the zoning district in which it is located with the
exception of possible encroachment of the antenna array into airspace over said setback,
unless exempted from these requirements pursuant to Section 35. 13. All setbacks shall be
measured from the base of the tower or structure closest to the applicable property line or
structure.
F. Compliance with FCC Rules. All telecommunication facilities shall comply at all times with
all FCC rules, regulations, and standards.
G. Compliance with FAA Rules. All wireless telecommunication facilities shall comply with all
F ederal Aviation Administration requirements.
H. Aviation Safety. No wireless communication facility shall be installed within the safety zone
or runway protection zone of any airport, airstrip or helipad within or adjacent to the city
unless the airport owner/operator indicates that it will not adversely affect the operation of
the airport, airstrip or helipad. In addition, no wireless communication facility shall be
installed at a location where special painting or lighting will be required by the FAA
regulations unless the applicant has demonstrated to the Planning Manager that the proposed
location is the only technically feasible location for the provision of personal wireless
services as required by the FCC.
ORDINANCE NO. 2003 -22
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I. Compliance with the Security Program. All telecommunication facilities shall maintain in
place a security program, when determined necessary by and subject to the review and
approval of the Police Chief, that will prevent unauthorized access and vandalism.
1. Compliance with the Height of Satellite Dish and Parabolic Antennas. Satellite dish and
parabolic antennas shall be situated as close to the ground as possible to reduce visual impact
without compromising their function.
K. Impact on Parking. Installation of the Wireless Telecommunication Facilities shall not
reduce the required parking on the site.
L. Stealth Requirements. Wireless Telecommunications Facilities that are proposed in
residential zone districts or PUDs with residential uses shall use stealth techniques to
minimize the visual impact of the telecommunication facility from all surrounding locations.
M. Access Control. In addition to providing visual screening, each antenna site shall be required
to provide warning signs, fencing, anti climbing devices, or other techniques to control access
to the facilities in order to prevent unauthorized access and vandalism. The use of fencing
shall not necessarily add to the visual impact of the facility, and the design of the fencing and
other access control devices shall be subject to the Planning Manager or Planning
Commission review and approval, whichever is applicable. Pursuant to 35.17 (I), the Police
Chief shall review and approve the type of anti climbing device.
N. Telecommunication Facilities - Critical Disaster Response Facility. All wireless
telecommunication facilities providing service to the government and general public shall be
designed to survive a natural disaster without interruption of operation. To this end, all the
following measures shall be implemented:
1. The telecommunication tower when fully loaded with antennas, transmitters, and other
equipment and camouflaging shall be designed to withstand the forces expected during
the "maximum credible earthquake". All equipment mounting racks and equipment used
shall be anchored in such a manner that such a quake will not tip them over, throw the
equipment off its shelves, or otherwise act to damage it.
2. All connections between various components of the facility and with necessary power
and telephone lines shall be protected against damage by fire, flooding, and earthquake.
3. Measures shall be taken to keep the facility in operation in the event of a disaster,
including installation of backup generators.
4. Demonstration of compliance with these requirements shall be provided via a
certification on the plans signed by a structural engineer or other appropriate professional
licensed by the State of California.
ORDINANCE NO. 2003 -22
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O. Length of Permit.
1. Use Permits and Architectural & Site Review Permits for all Wireless
Telecommunication Facilities shall expire five (5) years after permit approval. An
approval may be extended administratively from the initial approval date for a subsequent
five (5) years and may be extended by the Planning Manager every five (5) years
thereafter upon verification of the wireless service provider's continued compliance with
the findings and conditions of approval under which the application was originally
approved. Costs associated with the review process shall be borne by the wireless service
provider. The Planning Manager may schedule a public hearing at which the Planning
Commission may deny the renewal of an approval ifthey find that:
a. The report showing that the wireless telecommunication service facility complies
with the current Federal Communications Commission radio frequency standards, as
required in Subsection 35.16(B)(5) of this section, has not been submitted to the
Planning Division.
b. The wireless telecommunication service facility fails to comply with the requirements
of this section as they exist at the time of renewal, and the wireless service provider
has failed to supply assurances acceptable to the Planning Manager that the facility
will be brought into compliance within ninety (90) days.
c. The wireless telecommunication service provider has failed to comply with the
conditions of approval imposed.
d. The wireless telecommunication service facility has not been properly maintained in
accordance with Section 35.22.
e. The wireless telecommunication service provider has not agreed in writing to upgrade
the wireless telecommunication service facility within six (6) months to minimize the
facility's adverse visual impact to the greatest extent permitted by the technology that
exists at the time of renewal. The Planning Manager shall determine if a new
technology shall further minimize a facility's adverse visual impact and if a facility
shall be required to be upgraded. A wireless telecommunication service facility shall
not be upgraded if it continues to comply with the requirements of this section, as
they exist at the time of renewal.
f Notwithstanding the foregoing, no public hearing to schedule a denial of an extension
pursuant to this section shall be calendared until the Planning Manager has first
provided a written notice to the wireless telecommunication service provider
including with reasonable specificity: a) the nature of the deficiency or violation; b) a
reasonably ascertainable means to correct such deficiency or violation; and c) a
reasonable opportunity to cure the same if the deficiency or violation is curable,
which time period in no event shall be less than thirty (30) days from the date of
notification or such lesser period as may be warranted by virtue of a public
emergency.
ORDINANCE NO. 2003 -22
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2. If an approved Wireless Telecommunication Facility meets the requirements of this
Ordinance, but it is no longer allowed in its applicable zoning district, the wireless
service facility shall be permitted to remain for five (5) years from the date the facility
became a nonconforming use in the zone district, unless the owner of the facility can
prove to the satisfaction of the city that a longer period of time is required to fully
amortize the investment in the existing structure.
3. A nonconforming personal wireless service facility shall not be altered or modified unless
approved by the Planning Manager subject to a determination that the alteration or
modification will cause the personal wireless service facility to be in greater conformance
with this Ordinance.
4. The Planning Manager's decision to deny a renewal may be appealed as described in
Section 35.24.
5. At the Planning Manager's request, the personal wireless service provider shall provide a
written summary certifYing the commencement date and expiration date of any lease,
license, property right, or other use agreement for the personal wireless service facility,
including any options or renewal terms contained therein.
6. An approval for a wireless telecommunication service facility may be modified or
revoked by the Planning Commission as described in this Section 35.26.
P. FCC and Other Agency Standards. All towers must meet or exceed current standards and
regulations of the FCC and any other agency of the federal government with the authority to
regulate towers and antennas. If such standards and regulations are changed, then the owners
of the towers and antennas governed by this Ordinance shall bring such towers and antennas
into compliance with such revised standards and regulations within six (6) months of the
effective date of such standards and regulations, unless a more stringent compliance schedule
is mandated by the controlling federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
Q. Security Requirement. Prior to issuance of any permits for new wireless telecommunications
facilities, or prior to renewing a Conditional Use Permit or Architectural and Site Review
permit for an existing wireless telecommunications facility, the applicant shall provide a
bond or an irrevocable letter of credit that explicitly covers the full life of the wireless
telecommunications facility or other reasonable form of security, satisfactory to the city
attorney, in an amount reasonably sufficient to cover the cost of removal, for the removal of
the facility in the event that its use is abandoned or its Conditional Use Permit or
Architectural and Site Review permit expires or is terminated and the equipment is not
voluntarily removed within 30 days of termination of the facility operations.
ORDINANCE NO. 2003 -22
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R. Cessation of Operations.
1. Within thirty (30) days of cessation of operations of any wireless telecommunications
facility approved pursuant to this Ordinance, the operator shall notify the Planning
Manager in writing. The permit for said wireless telecommunications facility shall be
deemed lapsed and of no further effect six (6) months thereafter unless:
a. The Planning Manager has determined that the same operator resumed operation
within six (6) months of the notice, or
b. The City has received an application to transfer the permit to another operator.
2. No later than thirty (30) days after a permit has lapsed under the preceding subsection,
the operator shall remove all Wireless Telecommunication Facilities from the site. If the
operator fails to do so, the property owner shall be responsible for removal. The property
owner shall be entitled to reimbursement for the cost of removal from any bond or other
assurances provided by the operator pursuant to the requirements of Subsection 35.17(L).
If such facilities are not removed, the site shall be deemed to be a nuisance, and the City
may call the bond or letter of credit to pay for removal of the facilities and remediation of
the site.
3. Failure to inform the Planning Manager of cessation of operations of any existing facility
shall constitute a violation of the Zoning Ordinance and be grounds for:
a. Revocation or modification of the permit,
b. Calling of any bond or other assurance, and/or
c. Removal of the facilities.
S. Nonconforming Wireless Telecommunication Facilities. A lawfully established wireless
telecommunication facility that is in operation on the effective date of this Ordinance shall be
deemed a legal non-conforming use, and provided it does not increase the intensity of its use
or expand its use it shall be allowed to continue operation for a period of five years, unless
the owner of the facility can prove to the satisfaction of the city that a longer period of time is
required to fully amortize the investment in the existing structure. The following
characteristics are among those that create an increase of intensity of use and/or an expansion
of use:
1. Expand or enlarge the equipment floor area or size,
2. Increase the size, number or height of any of the antennas or related facilities,
3. Make a change to the radio frequency field,
4. Increase the power rating of any of the equipment,
5. Increase the amount of electromagnetic radiation emissions, or
6. Require a modification to the facility's existing FCC license.
ORDINANCE NO. 2003 -22
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Any increase in intensity of use or expansion in size or use of a facility shall require a permit
pursuant to Section 35.14 (Permits).
T. Interference. All personal wireless service facilities shall be operated in a manner, which
complies with the Federal Communication Commission's regulations regarding signal
interference.
U. Advertising. No advertising shall be placed on personal wireless service facilities.
V. Minor Modifications. Minor modifications to personal wireless service facility equipment
design, location, height, and other elements may be allowed, subject to the approval of the
Planning Manager, if such modifications are in keeping with the architectural statement and
layout design of the original approval, and meet the requirements of this section.
35.18. Structural, Design and Environmental Standards.
A. Structural Requirements. A building permit shall be required for the construction,
installation, repair or alteration of any support structure for communication equipment.
B. Basic Tower and Building Design. All telecommunication facilities, except exempt facilities
as defined in Section 35.13 shall be designed to blend into the surrounding environment to
the greatest extent feasible. To this end, all of the following measures shall be implemented:
1. Telecommunication towers shall be constructed out of metal or other nonflammable
material and shall be painted a color approved by the decision making body, unless the
color or materials are specifically conditioned by the City to be otherwise,
2. All ground-mounted telecommunication towers shall be self-supporting monopoles
except where satisfactory evidence is submitted to the appropriate decision-making body
that a guyed/lattice tower is required,
3. Satellite dishes other than microwave dishes shall be of mesh construction, except where
technical evidence acceptable to the appropriate decision-making body is submitted
showing that this is infeasible,
4. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and
equipment enclosures) shall be constructed out of nonreflective materials (visible exterior
surfaces only) and shall be placed in underground vaults to the extent possible,
5. Telecommunication support facilities shall be no taller than one story (fifteen feet) in
height, shall be designed to blend with existing architecture in the area or shall be
screened from sight by mature landscaping, and shall be located or designed to minimize
their visibility,
ORDINANCE NO. 2003 -22
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6. All buildings, poles, towers, antenna supports, antennas, and other components of each
telecommunications facility shall be initially painted and thereafter repainted as necessary
with a "flat" paint. The color shall be selected by the appropriate decision-making body,
7. Wireless communication facilities proposed for visually prominent ridgeline, hillside or
hilltop locations shall be discouraged and, if deemed necessary, be sited and designed to
be as visually unobtrusive as possible. Said Wireless Telecommunication Facilities
should be sited so the top of the proposed tower/facility is below any ridgeline when
viewed from public roads in the vicinity. If the tower must extend above a ridgeline, the
applicant must camouflage the tower by utilizing stealth techniques and hiding it among
surrounding vegetation, and
8. The City shall have the authority to require special stealth design techniques for
telecommunication facilities where findings of particular sensitivity are made (e.g.
proximity to historic or aesthetically significant structures, residential uses, views and/or
community features).
C. Location. All telecommunication facilities shall be located so as to minimize their visibility
and the number of distinct facilities present. To this end all of the following measures shall
be implemented for all telecommunications facilities, unless exempted from these measures
pursuant to Section 35.13:
1. Proposed telecommunication towers shall be set back at a minimum of the tower overall
height from all property lines and or a distance consistent with the required yard setbacks
of the particular zone district, whichever is most restrictive. Guy wire anchors shall be
set back at least twenty feet (20') from any property line. This section shall not apply to
building-mounted antennas attached to existing facilities, but it shall apply to any related
facilities associated with such antennas. This requirement may not apply to antennas
proposed to be co-located on existing towers or utility poles (e.g., micro cell sites), nor to
underground equipment shelters, if it would prohibit use of the proposed facility site.
2. Location Preference. Location preference for wireless telecommunication facilities shall
be given to:
a. Industrial or commercial sites,
b. Facilities attached or sited adjacent to eXIstmg structures. Appropriate types of
existing structures may include, but are not limited to: buildings, telephone and
utility poles, signage and sign standards, light standards, and roadway overpasses, and
c. Sites that are not highly visible from adjacent roadways.
3. Preferred Antenna Siting and Mounting Techniques. The following antenna and
equipment siting and mounting techniques are preferred:
a. Fa<;ade mounted antennas,
ORDINANCE NO. 2003 -22
-25-
b. Roofmounted antennas that are not visible to the public, and
c. Monopole antennas that utilize stealth or camouflaging techniques.
D. Height. The height of a telecommunication tower shall be measured from the natural
undisturbed ground surface below the center of the base of said tower to the top of the tower
itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In
the case of building-mounted towers, the height of the tower includes the height of the
portion of the building on which it is mounted. In the case of "crankup" or other similar
towers whose height can be adjusted, the height of the tower shall be the maximum height to
which it is capable of being raised.
Towers proposed in the commercial, industrial, and residential zone districts shall meet the
height limitation for the underlying zone district. Increases to the height limitation may be
approved administratively with the Architectural and Site Review application if the height
increase does not exceed 20 percent of the allowable height in the commercial zone districts
and 30 percent of the allowable height in the industrial zone districts. Any applications for
towers of a height more than the allowed height for structures in the zoning district must
include a written justification proving the need for a tower of that height and the absence of
viable alternatives that would have less visual impact. Tower height increases beyond the
percentages stated in this subsection shall require a variance approval pursuant to Zoning
Ordinance Section 50.21.
E. Lighting. Any exterior lighting, except as required for FAA regulations for airport safety,
shall be manually operated and used only during night maintenance checks or in
emergencies. The lighting shall be constructed or located so that only the intended area is
illuminated and off-site glare is fully controlled.
F. Roads and Parking. Except exempt facilities as defined in Section 35.13, all
telecommunication facilities shall be served by the minimum roads and parking areas
necessary and shall use existing roads and parking areas whenever possible.
G. Vegetation Protection and Facility Screening.
1. Except exempt facilities as defined in Section 35.13, all telecommunications facilities
shall be installed in such a manner so as to maintain and enhance existing native
vegetation and shall include suitable mature landscaping to screen the facility, where
necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or
other vegetation of a size that will provide the appropriate level of visual screening
immediately upon installation.
2. No actions shall be taken subsequent to project completion with respect to the vegetation
present that would increase the visibility of the facility itself or the access road and
power/telecommunication lines serving it. The owner(s)/operator(s) of the facility shall
be responsible for maintenance and replacement of all required landscaping.
ORDINANCE NO. 2003 -22
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H. Fire Prevention. All telecommunication facilities shall be designed and operated in such a
manner so as to minimize the risk of igniting a fire or intensifYing one that otherwise occurs.
To this end all of the following measures shall be implemented for all telecommunication
facilities, when determined necessary by the Fire Chief, unless exempted from these
measures by Section 35.13:
1. At least one-hour fire resistant interior surfaces shall be used in the construction of all
buildings,
2. Monitored automatic fire extinguishing systems approved by the Fire Chief shall be
installed in all equipment buildings and enclosures,
3. Rapid entry (KNOX) systems shall be installed as required by the Fire Chief,
4. Type and location of vegetation, screening materials and other materials within ten feet
(10') of the facility and all new structures, including telecommunication towers, shall
have review for fire safety purposes by the Fire Chief requirements established by the
Fire Chief shall be followed, and
5. All tree trimmings and trash generated by construction of the facility shall be removed
from the property and properly disposed of prior to building permit finalization or
commencement of operation, whichever comes first.
1. Environmental Resource Protection. All telecommunication facilities shall be located so as to
minimize the effect on environmental resources. To that end, all facilities deemed to be a
project shall be subject to review for environmental considerations.
1. Noise and Traffic. All telecommunication facilities shall be constructed and operated in such
a manner as to minimize the amount of disruption caused to nearby properties. To that end,
all the following measures shall be implemented for all telecommunication facilities, unless
exempted from these measures by Section 35.13.
1. Outdoor noise producing construction activities shall only take place between the hours
of 8:00 a.m. and 6:00 p.m. unless allowed at other times by the Planning Manager or the
Planning Commission, and
2. Backup generators shall only be operated during power outages and for testing and
maintenance purposes. If the facility is located within one hundred feet (100') of a
residential dwelling unit, noise attenuation measures shall be included to reduce noise
levels at the facility to a maximum exterior noise level of 60 Ldn at the property line and
a maximum interior noise level of 45 Ldn. Testing and maintenance shall only take place
on weekdays between the hours of8:00 a.m. and 6:00 p.m.
K. Visual compatibility. Facility structures and equipment shall be located, designed and
screened to blend with the existing natural or built surroundings, as well as any existing
supporting structures, so as to reduce visual impacts to the extent feasible. Facilities that are
ORDINANCE NO. 2003 -22
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proposed in residential zone districts or in PUDs with residential uses shall be designed to be
compatible in scale, mass and height with the character of surrounding uses through
camouflage or stealth techniques that will minimize their visual impacts.
35.19 NIER Exposure.
A. Public Health. No telecommunication facility shall be located or operated in such a manner
that it poses, either by itself or in combination with other such facilities, a potential threat to
public health. To that end, no telecommunication facility or combination of facilities shall
produce at any time power densities that exceed the FCC-adopted standard for human
exposure, as amended, or any more restrictive standard subsequently adopted or promulgated
by the City, County, the State of California, or the federal government.
B. Initial Compliance with NIER Levels. Initial compliance with this requirement shall be
demonstrated for any facility through submission, at the time of application for the necessary
permit or entitlement, of NIER (Nonionizing Electromagnetic Radiation calculations)
specifYing NIER levels where the levels produced are projected to be highest. If these
calculated NIER levels exceed 80% of the NIER standard established by this section, the
applicant shall hire a qualified electrical engineer licensed by the State of California to
measure NIER levels at said location after the facility is in operation. A report of these
measurements and the findings with respect to compliance with the established NIER
standard shall be submitted to the Planning Manager. NIER monitoring shall to be
conducted utilizing the Monitoring Protocol described in Section 35.11. Said facility shall
not commence normal operations until it complies with this standard. Proof of said
compliance shall be a certification provided by the engineer who prepared the original report.
In order to assure the objectivity of the analysis, the City may require, at the applicant's
expense, independent verification of the results of the analysis. Because of their intermittent
nature, facilities solely for personal use, such as citizens band radio antenna or antenna
operated by a federally licensed amateur radio operator as part of the Amateur Radio Service,
or for the incidental use of a co-located commercial activity, shall be required to comply with
applicable FCC rules for NIER emissions, but they shall be routinely exempt from the
submission requirements in this section.
C. Ongoing Compliance with NIER Levels. Within 90 days of operation, every
telecommunication facility and all broadcast radio and television facilities shall demonstrate
continued compliance with the NIER standard established by this section. Every two (2)
years a report listing each transmitter and antenna present at the facility and the effective
radiated power radiated shall be submitted to the Planning Manager. If either the equipment
or effective radiated power has changed, calculations specifYing NIER levels where said
levels are projected to be highest shall be prepared. NIER calculations shall also be prepared
every time the adopted NIER standard changes. If calculated levels in either of these cases
exceed 80% of the standard established by this section, the operator of the facility shall hire a
qualified electrical engineer licensed by the State of California to measure the actual NIER
levels produced. A report of these calculations, required measurements, if any, and the
author's/engineer's findings with respect to compliance with the current NIER standard shall
be submitted to the Planning Manager within ninety (90) days of facility approval and every
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two (2) years thereafter. In the case of a change in the standard, the required report shall be
submitted within ninety (90) days of the date said change becomes effective.
D. Failed Compliance. Failure to supply the required reports or to remain in continued
compliance with the NlER standard established by this section shall be grounds for
revocation of the major and minor development permit or other entitlement.
35.20 Required Findings for Wireless Telecommunication Facilities
In order to grant any Permit for a Wireless Telecommunication Facility, the approving body shall
make the required permit findings of Section 50.32 (Conditional Use Permit - Application) as
well as the following findings:
A. That either: (1) the development of the proposed wireless telecommunications facility as
conditioned will not significantly affect any visual resources, environmentally sensitive
habitat and/or other significant City of Gilroy resources, including agricultural, open space,
and community character resources; or (2) there are no other environmentally equivalent
and/or superior and technically feasible alternatives to the proposed wireless
telecommunications facility as conditioned (including alternative locations and/or designs)
with less visual and/or other resource impacts and the proposed facility has been modified by
condition and/or project design to minimize and mitigate its visual and other resource
impacts.
B. That the site is adequate for the development of the proposed wireless telecommunications
facility and, for sites located in residential zoning districts or PUDs with residential uses, that
the applicant has demonstrated that there are not environmentally equivalent or superior and
technically feasible: (1) alternative sites outside residential zone districts or PUD's with
residential uses; and/or (2) alternative designs for the proposed facility as proposed and
conditioned.
C. That the subject property upon which the wireless telecommunications facility is to be built is
in compliance with all rules and regulations of the City of Gilroy, including, but not limited
to, zoning uses, subdivisions and any other applicable provisions of this Ordinance, and that
all zoning violations have been abated and abatement costs, if any, have been paid.
D. That the proposed wireless communication facility as conditioned is in compliance with all
FCC, FAA and California PUC standards and requirements.
Any decision to deny a permit for a wireless communication facility shall be in writing and shall
specifically identify the reasons for the decision.
35.21 Implementation and monitoring costs.
The wireless telecommunications service provider or its successors shall be responsible for the
payment of all reasonable costs associated with the monitoring of the conditions of approval
contained in this authorization, including costs incurred by the City, the office of the city
ORDINANCE NO. 2003 -22
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attorney or any other appropriate city department or agency. The Planning Division shall collect
such costs on behalf of the city.
35.22 Operation and maintenance standards.
A. All Wireless Telecommunication Facilities shall comply at all times with the following
operation and maintenance standards:
1. All facilities and related equipment, including lighting, fences, shields, cabinets, and
poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and
other forms of vandalism, and any damage from any cause shall be repaired as soon as
reasonably possible so as to minimize occurrences of dangerous conditions or visual
blight. Graffiti shall be removed from any facility or equipment as soon as practicable
pursuant to City of Gilroy Municipal Code Section 12.5.1.
2. Each facility which contains trees, foliage or other landscaping elements, whether or not
used as screening, shall be maintained in good condition at all times, and the owner or
operator of the facility shall be responsible for replacing any damaged, dead or decayed
landscaping promptly.
3. Each facility for which a landscape plan was required and approved shall maintain the
facility and site in accordance with the approved landscape plan at all times.
Amendments or modifications to the plan shall be submitted for approval to the Planning
Manager.
4. Each facility shall be operated in such a manner so as to minimize any possible disruption
caused by noise. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between the hours of 6:00
p.m. and 8:00 a.m. At no time shall equipment noise from any source exceed an exterior
noise level of sixty (60) dB at the property line.
5. Each owner or operator of a facility shall routinely and regularly inspect each site to
ensure compliance with the standards set forth in this section.
6. Each owner or operator of a wireless telecommunications facility shall provide signage
identifYing the name and phone number of a party to contact in event of an emergency.
The design, materials, colors, and location of signs shall be subject to design review. The
signage shall be attached to the base of any utility pole or light standard to which
microcells are affixed.
35.23 Telecommunication Act Exception Procedures.
If the application of the requirements or limitations set forth in this Ordinance would have the
effect of violating the Federal Telecommunications Act as amended, the approving body shall
grant a Telecommunications Act Exception to allow an exception to the offending requirement
or application. The applicant shall have the burden of proving that application of the
ORDINANCE NO. 2003 -22
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requirement or limitation would violate the Federal Telecommunications Act, and that no
alternatives exist, which would render the approval of a Telecommunications Act Exception
unnecessary .
35.24 Appeal Procedures.
Appeals to the denial or conditional approval of a wireless telecommunication application shall
be filed in accordance with City of Gilroy Zoning Ordinance Section 50.51.
35.25 Transfer of operation.
Any carrier/service provider authorized by the Planning Manager or by the Planning
Commission to operate a specific wireless telecommunications facility may assign the operation
of the facility to another carrier licensed by the FCC for that radio frequency provided that such
transfer is made known to the director in advance of such operation and all conditions of
approval for the subject installation are carried out by the new carrier/service provider. However,
the carrier/service provider may, without advance notification, transfer operations of the facility
to its general partner or any party controlling, controlled by or under common control with the
carrier/service provider licensed by the FCC for that radio frequency.
35.26 Revocation of Permit.
Failure to Comply With Any Condition Basis for Revocation. The wireless telecommunications
service provider or its successors shall comply fully with all conditions specified in this
authorization. Failure to comply with any condition shall constitute grounds for revocation of
the permit. The Planning Manager shall notify the service provider that a violation exists and
request compliance and a schedule for said compliance. Upon failure to comply, or if the
schedule for compliance will not bring the use into compliance in a reasonable amount of time,
the Planning Manager may schedule a public hearing before the Planning Commission to receive
testimony and other evidence relating to the violation of a condition of the authorization of the
use of the facility, and finding that violation, the Commission may modify or revoke the permit.
Such revocation by the Planning Commission may be appealed to the City Council. All hearings
shall be noticed and conducted in accordance with the proceedings set forth in Section 51.80.
35.27 Indemnity And Liability.
A. The personal wireless service provider shall defend with counsel of City's choice, indemnify
and hold harmless the City or any of its boards, commissions, agents, officers, and employees
from any liability, claim, action, regulation, order or proceeding against the City, its boards,
commissions, agents, officers, or employees to attack, modify, set aside, void, or annul, the
approval of the project, unless such liability, claim, action, regulation, order or proceeding
results from the City's negligence or willful misconduct. The City shall promptly notify the
personal wireless service providers of any such claim, action regulation, order or proceeding.
Nothing contained in this subsection shall prohibit the City from participating in a defense of
any claim, action, or proceeding of the City.
ORDINANCE NO. 2003 -22
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B. Personal wireless service providers shall be strictly liable, and shall defend with counsel of
City's choice, indemnify and hold harmless the City, for any and all liability, claim, action,
regulation, order or proceeding alleging pollution or contamination arising from their
personal wireless service facilities within the City. This liability shall include cleanup, injury
or damage to persons or property. Additionally, personal wireless service providers shall be
responsible for any sanctions, fines, or other monetary costs or injunctive relief imposed
upon the personal wireless service provider or the City as a result of the release of pollutants
from their operations.
C. Personal wireless service providers shall be strictly liable, and shall defend with counsel of
City's choice, indemnify and hold harmless the City, for any and all liability, claim, action,
regulation, order or proceeding alleging electromagnetic waves or radio frequency emissions
within the City in excess of the Federal Communication Commission's standards. This
liability shall include cleanup, injury or damage to persons or property. Additionally,
personal wireless service providers shall be responsible for any sanctions, fines, or other
monetary costs or injunctive relief imposed upon the personal wireless service provider or
the City as a result of the release of pollutants from their operations.
SECTION ill
If any section, subsection, subdivision, sentence, clause, phrase or word of this Ordinance is for
any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council of the City of Gilroy hereby declares that it would have passed and adopted this
Ordinance, and each and all provisions hereof, irrespective of the fact that one or more
provisions may be declared invalid or unconstitutional.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and
adoption.
PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO, SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATT~J:)
~y~AJ)(dA\KJ. (
Rhonda Pellin, City Clerk
ORDINANCE NO. 2003 -22
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Ordinance No. 2003-22 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
3rd day of November, 2003, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 13th day of November, 2003.
L)/J
~~:-:. /L/}Lf1~ {"/,~ (J .C_.L
City Clerk of the City of Gilroy
/ /
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(Seal)