Ordinance 2018-04ORDINANCE NO. 2018-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING AMENDMENTS TO ARTICLE 30.35 OF
THE GILROY CITY CODE ENTITLED "WIRELESS
TELECOMMUNICATIONS , ANTENNAS AND WINDMILLS",
AND ARTICLE 30.45 OF THE GILROY CITY CODE
ENTITLED "GENERAL REGULATIONS" RELATING TO
THE INSTALLATION OF WIRELESS
TELECOMMUNICATION FACILITIES
WHEREAS, Gilroy City Code, Chapter 30, Article 30.35 pertains to Wireless
Telecommunication Facilities requirements and the federal and state government governments
have adopted legislation that requires amendments to Section 30.35;
WHEREAS, the City Council of the City of Gilroy has considered the zoning code
amendment request (Z 17 -05), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, the Planning Commission of the City of Gilroy held a noticed public
hearing on September 7, 2017 to consider the request and reviewed written materials and oral
comments related to the proposed code amendments and recommended that the City Council
deny Z17 -05; and
WHEREAS, the City Council of the City of Gilroy held a noticed public hearing on
October 2, 2017 to consider the request and reviewed written materials and oral comments
related to the proposed code amendments; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) of
the California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen
with certainty to have no possibility for causing a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
That Gilroy City Code, Chapter 30, Article 35 is amended to read as follows:
30.35.10 Purpose and intent.
The purpose and intent of this article 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, to
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 article include but are not limited to the following:
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(1) General Order 159A 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 of land 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 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) Promote the use of wireless telecommunications technology, where appropriate and
within the scope of available resources, to enhance the economic vitality of the city of
Gilroy.
(8) Comply with applicable State and Federal laws, including the 1996
Telecommunications Act and Section 6409 (a) of the Middle Class Tax Relief and Job
Creation Act of 2012.
30.35.11 Definitions.
"Amortize" means 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 principles ( "GAAP ") as established by the American Institute of Certified
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Public Accountants (AICPA).
"Antennas" means 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" means the structure and equipment at a fixed location that enables Federal
Communications Commission (FCC)- licensed or authorized wireless communications between
user equipment and a communication network. It includes, but is not limited to, utility poles,
light standards, buildings, and other structures that house communication equipment as long as it
received the applicable regulatory approvals, even if the structure was not built for the sole or
primary purpose of providing such support.
"Cellular service" means 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" means the segment of the radiation spectrum from an antenna, which carries one (1)
signal. An antenna may radiate on many channels simultaneously.
"Collocation" or "co- located facility" means the mounting or installation of transmission
equipment on an existing wireless tower or base station for the purpose of transmitting and/or
receiving radio frequency signals for communication purposes.
"Communication equipment shelter" means a structure located at a base station designed
principally to enclose equipment used in connection with telecommunication transmissions.
"dBm" means a unit of measure of the power level of an electromagnetic signal expressed in
decibels referenced to one (1) milliwatt.
"Dish antenna" means 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" means a cabinet or building used to house equipment
used by wireless telecommunication providers at a facility.
"FAA" means Federal Aviation Administration.
"FCC" means Federal Communications Commission, the government agency responsible for
regulating telecommunications in the United States.
"GHz" means gigahertz —one billion (1,000,000,000) hertz.
"Ground- mounted wireless telecommunication facility" means any antenna with its base placed
directly on the ground, or that is attached to a mast or pipe.
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Hertz. One (1) 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 (1) cycle or wavelength per second).
"MHz" means megahertz —one million (1,000,000) hertz.
"Microcell site" means 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 (1) omni- directional whip antenna with a maximum length of five (5) feet,
or up to three (3) small (approximately one (1) foot by two (2) feet or one (1) foot by four (4)
feet) directional panel antennas, mounted on a single pole, an existing conventional utility pole,
or some other similar support structure.
"MMDS" means multichannel, multipoint distribution services (also known as "wireless cable ").
"Monitoring" means the measurement, by the use of instruments in the field, of radio -
frequency/nonionizing radiation exposure at a site as a whole, or from individual wireless
telecommunication facilities /towers /antennas /repeaters.
"Monitoring protocol" means 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 superseding
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.
"Monopole" means a single pole - structure erected on the ground to support one (1) or more
wireless telecommunication antennas and connecting appurtenances.
"MTSOs" means mobile telephone switching offices.
"Nonionizing electromagnetic radiation (VIER)" means radiation from the portion of the
electromagnetic spectrum with frequencies of approximately one million (1,000,000) GHz and
below, including all frequencies below the ultraviolet range, such as visible light, infrared
radiation, microwave radiation, and radio frequency radiation.
PCS personal communications services" means digital wireless telecommunications
technology such as portable phones, pagers, faxes and computers. Also known as personal
communications network (PCN).
"Personal wireless services — commercial" means 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.
"PUC" or "CPUC" means California Public Utilities Commission.
"PUD" means planned unit development.
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"Public Works Director" means the department head for the city's public works department, or
the person designated to act for purposes of this article XXXV.
"Radio- frequency (RF) radiation" means radiation from the portion of the electromagnetic
spectrum with frequencies below the infrared range (approximately one hundred (100) GHz and
below), including microwaves, television VHF and UHF signals, radio signals, and low to ultra -
low frequencies.
"Repeater" means 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.
"Significant gap" means 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.
"Stealth technology /techniques" means camouflaging methods applied to wireless
telecommunication towers, antennas and/or other facilities, which render them visually
inconspicuous.
"Structurally able" means 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" means any immobile antenna
(including panels and directional antennas) attached to a structure, such as a building facade or a
water tower, or mounted upon a roof.
"Telecommunication tower (tower)" means any structure built for the sole or primary purpose of
supporting any FCC - licensed or authorized antennas and their associated facilities. It includes,
but is not limited to, masts, poles, monopoles, guyed towers, lattice towers, and freestanding
towers.
"Transmission equipment" means equipment that facilitates transmission of any FCC - licensed or
authorized wireless service. It includes, but is not limited to, radio transceivers, antennas, coaxial
or fiber -optic cable, and regular and backup power supply.
"Viable," primarily in reference to the alternatives analysis, means an alternative site for which
there is a property owner /manager interested in renting, leasing, selling, or otherwise making
available, space for one (1) or more wireless telecommunication facilities upon said site on
reasonable terms commensurate with the market in the City of Gilroy.
"Visual impact" means 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" means a facility, including all
associated equipment, which supports the transmission and/or receipt of electromagnetic /radio
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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
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.
30.35.12 Applicability.
(a) Facilities regulated by this article include the siting, design, construction, major modification,
and operation of all wireless telecommunication facilities, including FCC- regulated dish
antennas, antennas used for multichannel, multipoint 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 article and qualifying applications processed pursuant to this Ordinance are
intended to be consistent with the requirements of applicable State and Federal law,4ncluding the
Federal Telecommunications Act of 1996 and Section 6409 (a) of the Middle Class Tax Relief
and Job Creation Act of 2012, 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
environmental/health effects of radio frequency emissions, to the extent that the regulated
services and facilities comply with the regulations of the FCC concerning such emissions.
(b) Nothing contained in this article affects the city's right to retain and/or utilize its proprietary
rights over its property.
30.35.13 Exemptions.
(a) The following wireless telecommunications facilities shall be exempt from this article:
(1) A wireless telecommunication facility shall be exempt from the permit provisions of
this article if and to the extent that a permit issued by the California Public Utilities
Commission (CPUC) or the rules and regulations of the FCC specifically provides the
antenna is exempt from local regulation.
(2) Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS)
antennas which are one (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 (2) 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
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structure, such antennas shall be placed whenever possible on the top of buildings and as
far away as possible from the edges of rooftops.
(4) A ground- or building- mounted citizens band or two (2) 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 thirty -five (3 5) feet in the Rl and R2 zone districts, thirty (3 0) feet in the RH
zone district, forty -five (45) feet in the R3 zone district, seventy -five (75) feet in the R4
zone district and fifty (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 of the 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 30.50.44 (d) 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 (2) 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 article.
(11) Any nonmajor 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.
(16) Notwithstanding section 3 0.3 5.13 (a) (1), all DAS /small cell structures and equipment
affixed to city -owned street lights or other city -owned facilities, structures or equipment in
the public ROW are subject to the execution of a master lease agreement between the City
and the carrier that includes all of the siting and design requirements that would typically
occur in the planning review process and project implementation through the
Encroachment Permit process.
30.35.14 Permits required.
(a) Permit Required. No wireless telecommunications facility except those designated in
section 30.35.13 (Exemptions) shall be installed or erected in the city limits of Gilroy
except upon approval of a permit as set forth in Table 35.1. Table 3 5. 1 identifies the type
of permit required in each general zoning classification.
(b) Collocation. Each service provider located on a collocation site must obtain a zoning
clearance per section 30.45.15, independent of the other service providers in the same
locations if the proposed facility complies with all of the following requirements:
1. The facility Is consistent the current zoning regulations;
2. The facility was previously subject to discretionary review; and
3. The facility was found to be in compliance with CEQA and NEPA.
Multiple service providers may submit one (1) 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 sections 30.50.30 and 30.50.40, respectively, and in
accordance with the provisions of this article. In the event of any conflict between the
provisions of this article and the provisions of sections 30.50.30 and 30.50.40, the
provisions of this article shall be controlling.
(e) Findings. In approving or denying any permit required by this article, written findings
shall be made for the particular permit sought setting forth the factual basis for the
decision in accordance with section 30.35.20.
(f) Conditions. In approving an application, the city may impose such conditions as it
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deems appropriate or necessary to further the purposes of this article, 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 article to the contrary, no decision made pursuant to this article shall
have the effect of prohibiting the provision of wireless telecommunication services in the
city.
(h) Notification. Except for exempt facilities listed in section 30.35.13 and wireless
telecommunication facilities that are in commercial or industrial zone districts and at least
five hundred (500) feet from a residential dwelling, all residential property owners within
five hundred (500) feet of a property on which a wireless telecommunications facility is
proposed shall be notified of the wireless telecommunication facility application as
provided in section 30.51.30(b). Applicants for wireless telecommunication facilities that
are proposed in industrial or commercial zone districts and are within five hundred (500)
feet of a residential dwelling shall provide notification to all residential uses in the five
hundred (500) foot radius from the property boundaries of the proposed facility pursuant
to the procedures in section 30.51.30(b) (Notices).
Table 35.1
Required Permit Matrix
General Zoning Districts
Type of
Residential
Commercial and
Publicly Owned
Open Space
Permit
Districts and
Industrial
Property
Districts
Mixed Use
Districts
Projects with
Residential Uses
Conditional use
All wireless
All wireless
permit
telecommunication
telecommunication
planning
facilities except
facilities except
commission
those designated in
those designated in
review
section 30.35.13,
section 30.35.13,
Exemptions, and
Exemptions, and
30.35.14(b)
30.35.14(b),
Architectural
All wireless
All wireless
All wireless
All wireless
and site
telecommunication
telecommunication
telecommunication
telecommunication
review —staff
facilities except
facilities except
facilities except
facilities except
review
those designated in
those designated in
those designated in
those designated in
section 30.35.13.
section 30.35.13.
section 30.35.13.
section 30.35.13.
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30.35.15 Preapplication.
A preapplication conference is strongly encouraged for all wireless telecommunication
proposals. For a new site two (2) preapplication submittals are encouraged. The first should take
place at the earliest stage of looking for an appropriate site and include a map of the geographic
service area and geographic area where the antenna site is proposed. A second preapplication
submittal is recommended after the site is selected and should include a site review and
architectural drawings illustrating the visual impacts of the project together with a radio
frequency analysis of the proposed facility. For a proposed collocation, one preapplication
conference is strongly encouraged and should include site review and architectural drawings and
a radio frequency analysis. A preapplication submittal is not considered a development
application and no fee is charged for review of material submitted at this stage.
30.35.16 Minimum application requirements.
Information to Be Provided. For all wireless telecommunications facilities, with the exception of
collocations, as defined in Section 30.35.14 (b), above, 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. Applications for a collocation requiring a Zoning Clearance are not
required to include the following sections: 30.35.16 (d) Ten (10) Year Plan, 30.35.16 (e)
Cumulative Effects, or 3 0.3 5.16 (h) Alternatives Analysis.
(a) Proposed Wireless Telecommunications Facility Plans.
(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
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Exemptions, and
30.35.14(b),
Exemptions, and
30.35.14(b)
Exemptions, and
30:35.14(b),
Exemptions and
30.35.14(b),
Zoning
All collocation
All collocation
All collocation
All collocation
Clearance
applications
applications
applications
applications
pursuant to section
pursuant to section
pursuant to section
pursuant to section
30.35.14(b),
30.35.14(b);
30.35.14(b),
30.35.14(b),
Permits Required
Permits Required
Permits Required
Permits Required
30.35.15 Preapplication.
A preapplication conference is strongly encouraged for all wireless telecommunication
proposals. For a new site two (2) preapplication submittals are encouraged. The first should take
place at the earliest stage of looking for an appropriate site and include a map of the geographic
service area and geographic area where the antenna site is proposed. A second preapplication
submittal is recommended after the site is selected and should include a site review and
architectural drawings illustrating the visual impacts of the project together with a radio
frequency analysis of the proposed facility. For a proposed collocation, one preapplication
conference is strongly encouraged and should include site review and architectural drawings and
a radio frequency analysis. A preapplication submittal is not considered a development
application and no fee is charged for review of material submitted at this stage.
30.35.16 Minimum application requirements.
Information to Be Provided. For all wireless telecommunications facilities, with the exception of
collocations, as defined in Section 30.35.14 (b), above, 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. Applications for a collocation requiring a Zoning Clearance are not
required to include the following sections: 30.35.16 (d) Ten (10) Year Plan, 30.35.16 (e)
Cumulative Effects, or 3 0.3 5.16 (h) Alternatives Analysis.
(a) Proposed Wireless Telecommunications Facility Plans.
(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
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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) 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
method(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 one thousand (1,000)
feet of the proposed site including facilities located outside the City of Gilroy, if
applicable.
(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 (standalone 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.
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(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 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) Ten (10) 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 ten (10) year facilities plan. The ten (10) 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 ten (10) years (e.g., cellular, PCS, ESMR).
(2) Radio Frequencies. A description of the 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 PCs, 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 ten (10) year cell sites, with the following
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information:
a. List the cell sites by address and assessor's 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 (standalone 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) Ten (10) Year Map. Using the city zoning map as a base, show the ten (10) 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:
(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 existing 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 (100) Feet. The number and types of wireless
telecommunication facilities within one hundred (100) 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 sections 30.50.30(b) and
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30.50.42 for the particular permit sought by the applicant (conditional use permit and/or
architectural and site review application).
(g) Collocation 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 collocation 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
collocation 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 gap(s) in the applicant carrier's network intended to be
eliminated or substantially reduced by the proposed facility. If there are fewer than two (2)
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 gap(s). 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 (1) 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 is 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 (1) 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 collocation with existing wireless communication facilities as
a means to eliminate or substantially reduce the significant gap(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
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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 30.35.19
(VIER 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 superseding 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 twenty -four (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 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 collocation 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.
0) Applications in Residential and PUDs 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).
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(k) Fees. Payment of all filing fees and fees for processing and monitoring the permit application
as established in the comprehensive fee schedule.
(1) NIER Report. Submission of a NIER (nonionizing electromagnetic radiation calculations)
report in accordance with section 30.35.19.
(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 article 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 provider submit additional information based
on issues raised at the public hearing that are likely to be of significant concerns to the
community.
30.35.17 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 article.
(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 30.35.13. 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.
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(g) Compliance with FAA Rules. All wireless telecommunication facilities shall comply with all
Federal 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.
(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.
0) 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.
(1) 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, anticlimbing 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 subsection (i) of this section, the police chief shall
review and approve the type of anticlimbing 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,
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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.
(o) Length of Permit.
(1) Use permits and architectural and site review permits for all wireless
telecommunication facilities shall expire ten (10) years after permit approval. An approval
may be extended administratively from the initial approval date for a subsequent ten (10)
years and may be extended by the planning manager every ten (10) 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 if they find that:
a. The report showing that the wireless telecommunication service facility complies
with the current FCC radio frequency standards, as required in section 30.35.16(b)(5),
has not been submitted to the planning division.
b. The wireless telecommunication service facility fails to comply with the
requirements of this article 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 30.35.22.
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
article, 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 article shall be calendared until the planning manager has
first provided a written notice to the wireless telecommunication service provider
including with reasonable specificity: (1) the nature of the deficiency or violation; (2)
a reasonably ascertainable means to correct such deficiency or violation; and (3) 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
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or such lesser period as may be warranted by virtue of a public emergency.
(2) If an approved wireless telecommunication facility meets the requirements of this
article, but it is no longer allowed in its applicable zoning district, the wireless service
facility shall be permitted to remain for ten (10) 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 article.
(4) The planning manager's decision to deny a renewal may be appealed as described in
section 30.35.24.
(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 section 30.35.26.
(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 article 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 thirty (30) days of
termination of the facility operations.
(r) Cessation of Operations.
(1) Within thirty (30) days of cessation of operations of any wireless telecommunications
facility approved pursuant to this article, the operator shall notify the planning manager in
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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 (q) of this
section. 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.
(1) A lawfully established wireless telecommunication facility that was in operation on
December 11, 2003, when this Ordinance was originally codified, but did not conform to
the provisions of the Ordinance shall be deemed a legal nonconforming use, provided it did
not substantially change its lawfully established base station, physical configuration,
location and /or use and shall be allowed to continue operation for a period often (10) years
following the effective date of the original Ordinance, 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.
(2) A lawfully established wireless telecommunication facility that is in operation on the
effective date of Ordinance 2018 -04, but no longer conforms to the provisions of this
Ordinance shall be deemed a legal nonconforming use, provided it does not substantially
change its use and shall be allowed to continue operation for a period of ten (10) years,
following the effective date of Ordinance 2018- 04,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.
(t) Interference. All personal wireless service facilities shall be operated in a manner which
complies with the Federal Communications Commission's regulations regarding signal
interference.
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(u) Advertising. No advertising shall be placed on personal wireless service facilities.
Section 30.35.18 Modifications Constituting a "Substantial Change"
For the purpose of implementing Section 30.35.17(s) Nonconforming Wireless
Telecommunication Facilities, above, and Section 30.35.19(d) Height, below, the following
definition of "substantial change" shall refer to a single change, or a series of changes over time
(whether made by the same or different entities) viewed against the baseline conditions for the
wireless tower or base station that would have any of the effects described below:
1. Wireless tower located outside the public right -of -way:
a. Height. The proposed collocation or modification would increase the height more
than 10 percent, or the height of one additional antenna array would be more than
20 feet above the height of the nearest existing antenna (whichever is greater);
and
b. Width. The proposed collocation or modification would protrude from the edge of
the tower either more than 20 feet, or more the width of the tower structure at the
level of the existing appurtenance, whichever is greater.
2. Wireless tower located in the public right -of -way:
a. Height. The proposed collocation or modification would increase the height more
than 10 percent or 10 feet above the originally approved height (whichever is
greater); and
b. Width. The proposed collocation or modification would protrude from the edge of
the originally approved structure by more than six feet.
3. Base station wherever located:
a. Height. The proposed collocation or modification would increase the height of the
base station more than 10 percent or 10 feet above the originally approved height
(whichever is greater); and
b. Width. The proposed collocation or modification would protrude from the edge of
the originally approved base station structure by more than six feet.
4. Additional equipment cabinets. The proposed collocation or modification would involve
adding more than the standard number of new equipment cabinets for the technology
involved, but in no event shall exceed four new equipment cabinets.
5. Work outside existing boundaries. A proposal that includes excavation or development of
equipment outside the boundaries of the controlled, leased, or owned property
surrounding the wireless tower and base station and any access or utility easements
related to the site.
6. Change in the approved appearance. A proposal to alter or expand the exterior of any
wireless communication facility or base station that was originally approved as stealth or
camouflaged that changes the facility in a manner that it shall no longer be considered
stealth or camouflaged.
7. Violation of condition of approval. The proposed collocation or modification would
violate an existing condition of approval, unless the noncompliance is due to an increase
in height, increase in width, addition of cabinets, new excavation, or aesthetic change that
does not exceed the corresponding "substantial change" thresholds identified in
Subparagraphs 1 through 6 above with respect to a wireless tower or base station.
8. Site alterations. A proposal that would alter required access, parking, or landscaping from
that shown on the originally approved site plans.
9. Replacement of facility. A proposal to replace the wireless tower or foundation.
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10. Violation of regulations. A proposal to alter the width, bulk, or arrangement of a wireless
communication facility that may violate any law, rule, regulation, or other requirement
intended to protect public health and safety.
30.35.19 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 30.35.13 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 non - reflective 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 (1) story (fifteen (15)
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;
(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).
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(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 30.35.13:
(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 (20) feet 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 does not apply to
antennas proposed to be co- located on existing towers or utility poles (e.g., microcell sites,
DAS, small cells), nor to underground equipment shelters, located in public right -of -way, 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 existing 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. Facade - mounted antennas;
b. Roof - mounted 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 "crank -up" 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, public facilities and residential zone districts
shall meet the height limitation for the underlying zone district. Increases to the height limitation
may be approved with the architectural and site review application if the modification does not
substantially change the physical dimensions of a telecommunications tower or base station. 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
ORDINANCE NO. 2018-04
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absence of viable alternatives that would have less visual impact. Tower height increases beyond
the permitted maximum height stated in this subsection shall require a variance approval
pursuant to section 30.50.20(a).
(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 30.35.13, 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 30.35.13, 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.
(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
30.35.13:
(1) At least one (1) 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 (10)
feet 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.
ORDINANCE NO. 2018-04
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(i) 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.
0) 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 30.35.13.
(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 (100) feet 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 sixty (60) Ldn at the property line
and a maximum interior noise level of forty -five (45) Ldn. Testing and maintenance shall
only take place on weekdays between the hours of 8:00 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
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.
30.35.20 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 eighty percent (80 %) of the NIER standard established by this article, 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 30.35.11. 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
ORDINANCE NO. 2018-04
26
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 article.
(c) Ongoing Compliance with NIER Levels. Within ninety (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 article. 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 eighty percent (80 %) of the
standard established by this article, 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 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 NIER standard established by this article shall be grounds for revocation of
the major and minor development permit or other entitlement.
30.35.21 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 30.50.30(b) (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 PUDs 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
ORDINANCE NO. 2018-04
0%
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 article, 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.
(e) Any decision to deny a permit for a wireless communication facility shall be in writing and
shall specifically identify the reasons for the decision.
30.35.22 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 attorney
or any other appropriate city department or agency. The planning division shall collect such costs
on behalf of the city.
30.35.23 Operation and maintenance standards.
All wireless telecommunication facilities shall comply at all times with the following operation
and maintenance standards:
(a) 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 Section 12.5.1.
(b) 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.
(c) 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.
(d) 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.
(e) Each owner or operator of a facility shall routinely and regularly inspect each site to ensure
compliance with the standards set forth in this article.
(f) 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.
ORDINANCE NO. 2018-04
28
30.35.24 Telecommunications Act exception procedures.
If the application of the requirements or limitations set forth in this article 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 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. (Ord. No.
2013 -08, § 2 (Exh. A), 8 -5 -13)
30.35.25Appeal procedures.
Appeals to the denial or conditional approval of a wireless telecommunication application shall
be filed in accordance with section 30.51.50.
30.35.26 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.
30.35.27 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 30.51.60.
30.35.28 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.
(b) Personal wireless service providers shall be strictly liable, and shall defend with counsel of
ORDINANCE NO. 2018-04
29
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 Communications 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 I1
That a new Section 15 is added to Article 45 of Chapter 30 of the Gilroy City Code to read as
follows:
30.45.15 Zoning Clearance
(a) Purpose and Intent
Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure
complies with the list of uses allowed in the applicable zone and the development standards
applicable to the use or structure.
(b) Applicability/Perinit Requirement
A Zoning Clearance is required for the alteration, construction, modification, or reconstruction of
a wireless telecommunication collocation facility per section 30.35.14(b).
(c) Review Authority
The Director may issue a Zoning Clearance only after confirming that the proposed land use
and/or structure is in full compliance with all of the applicable provisions of this Development
Code.
(d) Review Procedures
(1) Director's Responsibility. The Director shall issue the Zoning Clearance after first
determining that the request complies with provisions of the Development Code applicable to the
proposed land use or structure.
(2) Form of Approval. Approval shall be indicated on a form provided by the City.
(3) Appeal. An appeal of the Director's decision may be brought pursuant to section
30.51.50.
SECTION III
That Gilroy City Code Section 30.45.10 is amended to read as follows:
30.45.10 Adherence to zoning regulations. No use shall be allowed or building permit issued
for any use within any zoning district unless all building, site, parking, landscaping and sign
ORDINANCE NO. 2018-04
30
plans have been submitted and approved by the director of planning.
SECTION IV
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause, or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional.
SECTION V
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this 22nd day of January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, TOVAR,
TUCKER, VELASCO
NOES: COUNCILMEMBERS: HARNEY
ABSTAIN: COUNCILMEMBERS: BLANKLEY
RolaAd V"elasco, Mayor
ORDINANCE NO. 2018-04
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2018 -04 is an original ordinance, or 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 22nd day of January, 2018, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 24th day of January, 2018.
City Clerk of the City of Gilroy
(Seal)