Resolution No. 2014-10 | Conditional Use Permit (CO 14-03) Elks Lodge AT&T | Adopted 06/26/2014RESOLUTION NO. 2014-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING A CONDITIONAL USE PERMIT (CUP 14-03),
FOR PLACEMENT OF NEW WIRELESS FACILITIES AND ASSOCIATED
SUPPORTING EQUIPMENT FOR CO -LOCATION ON AN EXISTING
MONOPOLE LOCATED ON PROPERTY ADDRESSED AT 2765
HECKER PASS ROAD (APN 783-04-004), FILED BY MISAKO HILL,
AGENT FOR AT&T, 1075 45T" STREET EMERYVILLE, CA 94608.
WHEREAS, the Planning Commission of the City of Gilroy has received an
application for a conditional use permit (CUP 14-03), filed by AT&T in accordance with
the Gilroy City Code; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Conditional Use Permit application, at a duly noticed public hearing and received
testimony; and
WHEREAS, the Planning Commission finds the Conditional Use Permit
application conforms to the City's General Plan and elements thereof; and
WHEREAS, Sections 15301 and 15303 of Title 14 of the California Code of
Regulations exempts the project from the requirement for the preparation of
environmental documents imposed by the State Environmental Quality Act; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. The proposed project is properly located in relation to the general plan and
to the community as a whole and to other land uses and to transportation
and service facilities in the vicinity.
2. The proposed use, if it complies with all conditions upon which approval is
made contingent, will not adversely affect other property in the vicinity, or
cause any damage, hazard, or nuisance to persons or property.
WHEREAS, the Planning Commission finds all elements, requirements, and
conditions of this resolution as being a reasonable manner of preserving, protecting,
providing for, and fostering the health, safety, and welfare of the citizenry in general,
including persons who work, visit or live in Gilroy.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby approves the Conditional Use Permit application, subject to the
following conditions:
Resolution No. 2014-10
Page 2
GENERAL PROJECT CONDITIONS
1. This permit is granted for the property described in the application on file with the
Planning Division, and may not be transferred from one property to another.
2. This permit is granted for the plans marked as "received" by the Planning Division on
March 28, 2014, ("the plans') on file with the Planning Division. The project shall
conform to the plans, except as otherwise specific in these conditions, or unless
otherwise amended, as allowed by the City Code.
3. Applicant shall obtain a building permit prior to initiating any new construction or
modifications to structures, including those authorized by this permit.
4. By commencing any activity related to the project or using any structure authorized
by this permit, Applicant accepts all of the conditions and obligations imposed by this
permit and waives any challenge to the validity of the conditions and obligations
stated therein.
5. Applicant agrees, as a condition of adoption of this resolution, at Applicant's own
expense, to indemnify, defend and hold harmless the City and its agents, officers
and employees from and against any claim, action or proceeding to attack, review,
set aside, void or annul the approval of the resolution or any condition attached
thereto or any proceedings, acts or determinations taken, done or made prior to the
approval of such resolution that were part of the approval process.
6. This permit is granted subject to approval of the associated architectural and site
review application (AS 14-27), as required by the Gilroy City Code.
7. Applicant is responsible for compliance with all Federal, State, and local permitting
needs associated with this request. Such permits shall be completed prior to
issuance of City building permits.
8. Applicant shall record with the County of Santa Clara, a form identifying the permit
approvals associated with the subject property. Such document shall be in a form
provided by the City. Prior to issuance of any building permits, Applicant shall submit
the original completed document to the Planning Division for processing.
PLANNING DIVISION CONDITIONS
9. Prior to issuance of building permits, Applicant shall include a reproduction of all
conditions of this permit as adopted by resolution of the Planning Commission
and/or the City Council in all sets of construction documents and specifications for
the project.
Resolution No. 2014-10
Page 3
10. Prior to issuance of building permits for this facility, Applicant shall provide a bond,
an irrevocable letter of credit or other reasonable form of security to the satisfaction
of the City Attorney, for the term of the full life of the wireless facility to fully cover the
cost of removal in the event that its use is abandoned or this permit expires and the
equipment is not voluntarily removed within thirty (30) days of termination.
11. Prior to issuance of building permits, Applicant shall have an executed agreement or
easement with the City of Gilroy for the fiber optic route and connection, if required.
12. Prior to issuance of building permits, Applicant shall demonstrate the structural
integrity of the monopole to accommodate the additional equipment while
maintaining the ability to withstand forces of a maximum credible earthquake.
13. Prior to issuance of building permits, Applicant shall submit details of signs,
especially the bilingual requirements under Section 30.35.16(i).
14.Applicant shall provide for dust control at all times during project property
preparation and construction activities.
15.The monopole shall be maintained as a co -location facility for use by other cellular
companies until such time as the monopole is removed from the site.
16.Applicant shall submit to the Planning Division Manager a biennial (every two years)
report listing each AT&T transmitter and antenna and wireless unit present at the
facility along with verification of compliance with the current FCC standards for NIER
levels. The first of such report shall be submitted no later than June 26, 2016.
17. Within thirty (30) days of any cessation of the operations at this facility, Applicant
shall notify the Planning Manager of its intentions.
18. No later than thirty (30) days after cessation of this operation at this facility, or the
expiration date of this permit, whichever is earlier, Applicant shall remove all wireless
facilities and associated supporting equipment and connections from the site.
19.Applicant shall provide additional foliage shall be added to the monopole, as
needed, to ensure the new antennas are adequately screened from view. If, at any
time, the foliage is determined by the Planning Manager to be insufficient to screen
the antennas, the Manager shall notify the Applicant of the deficiency. Additional
foliage shall be added to the monopole to the satisfaction of the Planning Manager
within 60 days of notification.
Resolution No. 2014-10
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FIRE DEPARTMENT CONDITIONS
20. Prior to issuance of building permits, Applicant shall replace the solid fence
surrounding the AT&T lease area with a tubular steel fence. The details of such
fencing shall be reviewed with the building permit and shall be to the satisfaction of
both the Planning Manager and Fire Marshal.
21.Prior to issuance of building permits, Applicant shall provide a minimum distance of
10 feet clear around the perimeter of the propane tank. Such spacing shall be to the
satisfaction of the Fire Marshal.
22.This approval is valid for a period of ten (10) years, and will expire on June 26, 2024.
Continued operation of the subject facility after that date shall occur only upon
approval of an extension of time pursuant to Section 30.35.17(o).
PASSED AND ADOPTED this 26th day of June 2014 by the following roll call vote:
AYES: COMMISSIONERS: Bannister, Fischer, Gullen, Kloecker, Lai,
Rodriguez, Sanford
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST:
Susan L. Martin, Secretary