Resolution No. 2016-13 | Conditional Use Permit (CUP 16-01) T-Mobile Modification to Existing Wireless Facility | Adopted 04/07/2016RESOLUTION NO. 2016-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING A CONDITIONAL USE PERMIT (CUP 16-01),
FOR MODIFICATIONS TO AN EXISTING WIRELESS FACILITY AND
ASSOCIATED SUPPORTING EQUIPMENT ON THE ROOFTOP OF A
RESIDENTIAL BUILDING LOCATED ON PROPERTY ADDRESSED 651
W. 6TH STREET (APN 799-18-001), FILED BY MODUS INC. C/O JENNY
WUN, AGENT FOR T-MOBILE, 149 NATOMA STREET 3RD FLOOR SAN
FRANCISCO, CA 94105.
WHEREAS, the Planning Commission of the City of Gilroy has received an
application for a conditional use permit (CUP 16-01), filed by Modus Inc. 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, no further environmental analysis is required by the California
Environmental Quality Act; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. That 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.
2. 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 there are not
environmentally equivalent or superior and technically feasible alternative sites
outside residential zone districts or PUDs with residential uses or alternative
designs for the proposed facility as proposed and conditioned.
3. That the subject property upon which the wireless telecommunications facility is
to be built is in compliance with all rules and regulations of the City of Gilroy,
including, but not limited to, zoning uses, subdivisions and any other applicable
provisions of this article.
Resolution No. 2016-13
Page 2
4. That the proposed wireless communication facility as conditioned is in
compliance with all FCC, FAA and California PUC standards and requirements.
5. That the proposed use 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.
6. That 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:
GENERAL PROJECT CONDITIONS:
Note: The following abbreviations identify the City department or division responsible for determining compliance
With these conditions. If only one group is identified, they have responsibilities from initial review through
compliance verification. An internal condition reference number is located at the end of each condition (e.g.
G-1 or MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works/Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
1. Approval of CUP 16-01 (hereinafter "this permit') is granted for approved plans
stamped as 'Received on March 11, 2016" ("the plans") on file with the Planning
Division. Build -out of the project shall conform to the plans, except as otherwise
specified in these conditions. Any future adjustment or modification to the plans
shall be considered by the Community Development Director or designee, may
require separate discretionary approval, and shall conform to all City, State, and
Federal requirements, including subsequent City Code requirements or policies
adopted by City Council. (PL, G-1)
Resolution No. 2016-13
Page 3
2. Developer means permit applicant, property owner, operator, permitee, lessee,
and/or tenants using the space(s) for the intended use(s). Developer shall comply
with project conditions for the life of the project. (CA, G-2)
3. Developer agrees, as a condition of permit approval, at Developer's own expense,
to defend, indemnify, and hold harmless the City of Gilroy ("the City") and its
officers, contractors, consultants, attorneys, employees and agents from any and
all claim(s), action(s) or proceeding(s) brought against the City or it's officers,
contractors, consultants, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached
thereto or any proceedings, acts or determinations taken, including actions taken
under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval
process. (CA, G-3)
4. Failure to appeal this decision in a timely manner, or commencement of any
activity related to the project, is understood to clarify Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challenge to the
validity of the conditions and obligations stated therein. (CA, G-4)
5. Should Developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with
applicable fees prior to the expiration date. Only timely requests may be
considered pursuant to the City Code. (PL, G-5)
6. Prior to issuance of building permits, Developer shall correct all violations of the
City Code, if any, existing on the project property for which the City has open
cases. (PUCE, G-6)
7. If Developer, owner or tenant fails to comply with any of the conditions of this
permit, the Developer, owner or tenant shall be subject to permit revocation or
enforcement actions pursuant to the City Code. All costs associated with any such
actions shall be the responsibility of Developer, owner or tenant. (CA, G-7)
8. Developer shall obtain building permits for the plans within one (1) year from the
date of this permit approval. If such building permits are not received within the
time frame, this permit shall automatically become null and void. (PL, G-8)
9. An approved wireless facility permit is granted for ten (10) years from the approval
or determination date, upon which time this permit shall automatically become null
and void. Should Developer desire to continue operation as granted herein, a new
application or extension of such application must be requested in a timely manner
and prior to the expiration date. Continued operation of the subject wireless facility
shall be permitted only upon approval of the necessary subsequent approvals. (PL,
G-9)
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Page 4
10. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara
County Recorder. Before the City issues building permits, Developer shall submit
the original completed, signed and notarized document, together with the required
fees to the Planning Manager. (PL, G-10)
PLANNING DIVISION STANDARD CONDITIONS:
11. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices,
advertising signs of any kind, exterior and interior modifications. Developer shall
pay all requisite fees in effect at the time of plan submittal and/or issuance, as
applicable. (PL/BL, PL-1)
12. Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all conditions of approval of this permit, as adopted by the
decision -maker. (PL, PL-2)
PLANNING DIVISION SPECIAL CONDITIONS:
13. Except as modified by this approval, all permit conditions of CUP 08-08 shall
remain in full force and effect. (PL)
14. The existing Performance Bond in the amount of $2,500 shall remain in effect of
the full term of this approval. A bond or other form of security satisfying Gilroy City
Code section 30.35.17 shall be maintained for the full life of the facility in an
amount reasonably sufficient to cover the cost of removal, in the event that its use
is abandoned or its 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. Should the security be cancelled or terminated during the
life of the facility, the Applicant shall replace it prior to the effective date of
termination or cancellation. (PL)
15. Consistent with GCC 30.35.19(c), every two years the owner of the facility shall
submit to the Planning Division a report listing each transmitter and antenna
present at the facility along with verification of the compliance with the current FCC
standards for NIER levels. The first date of submittal of this report shall be April 7,
2018. (PL)
FIRE DIVISION STANDARD CONDITIONS:
16. Hazmat Permits shall be required for any antenna(s) including hazardous materials
in excess of 55 gal, 500 Ibs or 200 cu ft. Hazmat Permits shall be submitted to the
Fire Marshal prior to building permit issuance. (FP)
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17. Each wireless company with an antenna at a given location shall file for a business
license with the Gilroy Business License Office for that location. If a Hazmat Permit
is required for the project, those fees shall be included with the cost of the
business license. (FP)
18. Developer shall ensure Fire Department Access and Warning Signage is clearly
provided at both the ground level at the access entry point as well as on the roof
top or enclosure. (FP)
19. Developer shall store any and all batteries, fuels, and other hazardous materials in
accordance with the most recent Fire Code adopted and as amended in Gilroy.
(FP)
20. Developer shall keep the project area free of weeds, rubbish and combustible
materials. Developer shall report spills of Hazardous materials to the Gilroy Fire
Department. (FP)
PASSED AND ADOPTED this 7ch day of April 2016 by the following roll call vote:
AYES: COMMISSIONERS
Fischer. Lai
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS
ATTEST:
Rebecca Tolentino, Secretary
Rodriguez, Kloecker
Gullen
APPROVED:
Armendariz, Ashford,
Sue Rodriguez, Ch it er o