HomeMy WebLinkAboutResolution 2025-30 - AS 24-14 Appeal.pdf
RESOLUTION NO. 2025-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN ARCHITECTURAL AND SITE REVIEW PERMIT FOR
THE DEMOLITION OF AN EXISTING 35-FOOT-TALL MONOPLE AND
INSTALLATION OF A NEW 70-FOOT-TALL MONOPINE AND RELATED
EQUIPMENT ON AN APPROXIMATE 0.22-ACRE SITE LOCATED AT
401 FIRST STREET, APN: 790-32-004 (FILE NUMBER AS 24-14)
WHEREAS, on July 17, 2024, Lisa Elliott, on behalf of Crown Castle, submitted an
application requesting an architectural and site review permit for the proposed demolition
of an existing 35-foot-tall monopole and installation of a new 65-foot-tall monopole and
related equipment located within the C1 Neighborhood Commercial zoning district (APN:
790-32-004); and
WHEREAS, on December 20, 2024, the application submittal was accepted as
complete for final processing; and
WHEREAS, on March 13, 2025, the Planning Commission held a duly noticed
public meeting, at which time the Planning Commission received and considered the staff
report as well as all evidence received including written and oral public testimony ; and
WHEREAS, on March 13, 2025, the Planning Commission determined that the
project was exempt from further environmental review pursuant to State CEQA
Guidelines section 15303 (Class 3); and
WHEREAS, on March 13, 2025, the Planning Commission made a motion to
approve Architectural and Site Review (AS 24-14). The motion to approve AS 24-14 failed
due to a 3-3 vote, in effect of which is a denial of the application; and
WHEREAS, on April 1, 2025, the applicant, Global Signal Acquisitions III LLC on
behalf of Crown Castle, USA Inc., filed an appeal of the March 13, 2025, Planning
Commission determination; and
WHEREAS, on May 5, 2025, the City Council held a duly noticed public meeting,
at which time the City Council received and considered the staff report as well as all
evidence received including written and oral public testimony related to the proposed
Architectural and Site Review (AS 24-14) application; and
WHEREAS, on May 5, 2025, the City Council made a motion to continue the
appeal to the May 19, 2025, City Council meeting and directed that tree design renderings
be provided for the wireless facility; and
WHEREAS, on May 14, 2025, the applicant requested a continuance to the June
16, 2025, City Council meeting; and
WHEREAS, on June 16, 2025, the City Council held a duly noticed public meeting,
at which time the City Council received and considered the staff report, renderings, as
well as all evidence received including written and oral testimony from the applicant, and
public testimony related to the proposed Architectural and Site Review (AS 24 -14)
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
Page 2 of 10
application; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the City
Clerk’s office of the City of Gilroy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby grants approval of the appeal of the March 13, 2025 Planning Commission
determination and approves Architectural and Site Review Permit AS 24 -14 with the
modification that the wireless facility be designed as a 70-foot tall monopine, based on
the following findings made pursuant to Gilroy City Code section 30.35.19(b)(8), section
30.35.21 (Wireless Telecommunications Facilities) and 30.50.30, subject to the
conditions identified in Exhibit A to this Resolution:
A. The proposed monopole would negatively impact sensitive resources such as
proximity to residences, St. Mary Cemetery, Brownell Middle School and St. Mary
Private School. Although the project is located in a commercial zoning district, due
to the facility’s particular location and proximity to sensitive resources, the
monopole would have a greater visual and aesthetic impact than the monopine
design. The residences in close proximity of the project would have a clear view of
the monopole. The stealth monopine design would mimic trees that are typical in
a residential setting and would be less negatively impactful to sensitive resources
as it would blend in with the surrounding environment and camouflage the facility.
Based on these findings of particular sensitivity, the wireless facility will be required
to be designed as a monopine.
B. 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.
There are no environmentally sensitive habitats that would be impacted by the
wireless facility. The wireless facility will be required to be designed as a monopine
to ensure that the facility blends in with the surrounding environment. Alternative
heights for the proposed monopole were provided and the analysis displayed that
the 70-foot-tall wireless facility would provide greater coverage to the population.
C. 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
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
Page 3 of 10
outside residential zone districts or PUDs with residential uses; and/or (2)
alternative designs for the proposed facility as proposed and conditioned.
The site is not located in a residential zoning district or within a PUD with residential
uses. The site is within the C1 Neighborhood Commercial zoning district, and
commercial and industrial zoning districts are the preferred locations for new
wireless facilities. Additionally, alternative heights for the monopole were analyzed
for the site.
D. 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, and that all zoning violations have been abated and
abatement costs, if any, have been paid.
There are no zoning violations that currently exist at the site and the site is in
compliance with the allowable uses of the C1 Neighborhood Commercial zoning
district;
E. That the proposed wireless communication facility as conditioned is in
compliance with all FCC, FAA and California PUC standards and requirements;
The project is conditioned to remain compliant with all FCC, FAA, and California
PUC standards and requirements.
F. 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; and
The project is located in the C1 Neighborhood Commercial zoning district which
allows the installation of new wireless facilities through approval of an Architectural
and Site Review permit application. The parcel is surrounded by commercial
development and will not interfere with the existing business operations.
G. 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.
The project will not adversely impact other properties in the vicinity because it will
comply with all conditions of approval, building code requirements, and all Federal
Communications Commission rules and regulations. The radio frequency report
prepared by SiteSafe, found the proposed wireless facility’s radio frequency
emissions to be compliant with the FCC standards.
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
Page 4 of 10
PASSED AND ADOPTED this 16th day of June 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: Bracco, Cline, Fugazzi, Hilton, Marques,
Ramirez, Mayor Bozzo
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Bryce Atkins, Acting City Clerk
Attachment: Exhibit A (Conditions of Approval)
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
Page 5 of 10
EXHIBIT A
AS 24-14
401 First Street
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT.
1. APPROVED PROJECT: The approval for AS 24-14 is granted to demolish an existing 35-
foot-tall monopole and install a 70-foot-tall monopine and related equipment as described in
the staff report dated June 16, 2025, located at 401 First street (Assessor Parcel No. 790-32-
004), as shown on the renderings received by the Planning Division on May 28, 2025, and
project plans received by the Planning Division on December 12, 2024, prepared by
Streamline Engineering for T-Mobile, dated January 10, 2024, with revision dates of
February 27, 2024, and October 2, 2024, and consisting of 16 sheets.
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, including any changes made
at time of building permit submittal, shall be considered by the Communit y 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.
2. PERMIT EXPIRATION: The expiration date of this approval to demolish an existing 35-
foot-tall monopole and install a new 70-foot-tall monopine is one year from the decision date,
June 16, 2025, during which time the applicant shall submit application for building permits
and pursue construction diligently to completion. If any development for which architectural
and site approval has been granted has not submitted complete application for building
permits within one (1) year from the date of notification of approval, pursued issuance of the
permit and/or initiated construction within 6 months of the permit issuance, the approval shall
be deemed automatically revoked. Once a permit has been issued for construction, work shall
be completed within one (1) year.
Upon application, an extension of time may be granted by the Community Development
Director or designee. Should Developer intend to request an extension to the permit
expiration date, Developer must submit to the Planning Division a written application wit h
applicable fees prior to the expiration date. Only timely requests may be considered pursuant
to the City Code.
3. WIRELESS FACILITY EXPIRATION. An approved wireless facility permit is granted
for ten (10) years from the date of approval, 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.
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
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4. COMPLIANCE WITH CONDITIONS: 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.
5. INDEMNIFICATION: 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 its 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.
6. FEDERAL AND UNIFORM CODE COMPLIANCE: Wireless Facility shall comply
with all uniform codes, all FCC rules, regulations, and standards, and FAA requirements.
7. PAINT SAMPLE. Applicant shall provide paint samples for the proposed monopole and
pole mounted equipment for Community Development Director consideration and approval.
The paint sample must be a flat color.
8. MODIFICATIONS. Any proposed modifications to the wireless facility and/or this
approval may require further review and/or planning entitlements subject to review by the
Community Development Director or designee.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
9. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a
reproduction of all conditions of approval of this permit, as adopted by the decision-maker.
10. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect/engineer
shall certify in writing that the architectural design shown in the building permit plans match
the plans approved by the Community Development Director or designee/Planning
Commission/City Council. Any changes must be clearly noted. The project architect shall
also certify that the structural plans are consistent with the architectural plans. In the event of
a discrepancy between the structural plans and the architectural plans, the architectural plans
shall take precedence, and revised structural drawings shall be submitted to the Building
Division.
11. COLORS AND MATERIALS: Plans submitted for building permit applications shall
include all exterior wireless facility materials and colors to be used in construction.
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
Page 7 of 10
12. SUBSEQUENT ENTITLEMENTS: 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. Developer shall
pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable.
13. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings
submitted for building permit review, measured from adjacent grade to the top of the fence
or wall. The design and location must comply with all setback requirements.
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION,
or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise
specified in the condition.
14. PLANNING INSPECTION: Inspection by the Planning Division is required for the final
completion of the project to ensure that the construction matches the approved plans.
15. BUSINESS LICENSE: Wireless operator shall obtain a City of Gilroy Business License.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
16. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading, site work,
and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
c. Construct sound walls or other noise reduction measures prior to developing the
project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources where
technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require
that reasonable measures be implemented to correct the problem.”
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
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17. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay Area Air
Quality Management District (BAAQMD) and shall include the following language on any
grading, site work, and construction plans issued for the project site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall
be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per
hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points;
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.”
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises.
18. COLLOCATIONS. The permittee shall be willing to allow other carriers and site operators
to collocate transmission equipment with the wireless facility, to the extent such facility or
portions thereof are owned or controlled by the permittee, whenever technically feasible and
aesthetically desirable in accordance with applicable provisions in the City’s Municipal
Code.
19. MAINTENANCE. Wireless telecommunication facility shall comply at all times with the
following operation and maintenance standards:
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
Page 9 of 10
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 Chapter 12.5.
b. 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.
c. Owner or operator of the facility shall routinely and regularly inspect wireless facility
and associated equipment to ensure compliance with FCC standards and this
approval.
d. Owner or operator of the 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.
20. TRANSFER OF OPERATIONS. 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. Further planning entitlements/review may be required.
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Resolution No. 2025-30
Appeal of AS 24-14
City Council Regular Meeting | June 16, 2025
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CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Resolution No. 2025-30 is an original resolution, or true and correct copy
of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting
of said held on Council held Monday, June 16, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Monday, July 7, 2025.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
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