HomeMy WebLinkAboutResolution 2025-31 - V24-01 Approval.pdf
RESOLUTION NO. 2025-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A VARIANCE PERMIT, ALLOWING EXCEPTIONS TO
SIDE AND REAR WIRELESS FACILITY SETBACKS AND
EXCEPTIONS TO EXCEED THE HEIGHT LIMITATAION OF THE C1
NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, FOR THE
PROPOSED NEW 70-FOOT-TALL MONOPINE ON AN
APPROXIMATE 0.22-ACRE SITE LOCATED AT 401 FIRST STREET,
APN 790-32-004 (FILE NUMBER V 24-01)
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 Variance permit (V 24-01). The motion to approve V 24-01 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
Variance (V 24-01) 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
Docusign Envelope ID: F796F8E7-298F-4F95-AEAB-6C159EE5681E
Resolution No. 2025-31
Appeal of V 24-01
City Council Regular Meeting | June 16, 2025
Page 2 of 5
well as all evidence received including written and oral public testimony related to the
proposed Variance (V 24-01) 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 Variance Permit V 24 -01 based on the following findings
made pursuant to Gilroy Code section 30.50.20(3) subject to the conditions identified in
Exhibit A to this resolution:
1. That there are exceptional or extraordinary circumstances applying to the property
involved or to the proposed use.
Due to the property’s size, configuration, and existing structures, there are
exceptional circumstances that prevent the wireless facility from meeting the
minimum 70-foot setback from all property lines. Additionally, the proposed
coverage would not be able to be comparably obtained if the monop ine were
limited to the maximum allowable height of the C1 Neighborhood Commercial
zoning district (35 feet). Zoning districts that would allow a monopine height of 70
feet are not located in the general vicinity of the coverage gap.
2. That because of such exceptional or extraordinary circumstances, the literal
enforcement of specified provisions of this chapter would result in practical
difficulty or unnecessary hardship such as to deprive the applicant of a substantial
property right possessed by other owners of property in the same class or district.
The literal enforcement of the wireless facility setback would cause hardship due
to the lot’s configuration and existing conditions. Additionally, co-locating on an
existing facility would not be possible as there are no other existing wireless
facilities within 1,000 feet of the site. There is no zoning district within 1,000 feet of
the site that would permit a 70-foot-tall monopine without going through the
variance process. Most of the surrounding properties are zoned Neighborhood
Commercial or Single Family Residential/Medium Density Residential. Installation
of new wireless facilities on residential-zoned properties are not preferred as it
could impact the character of the residential neighborhood and has potential to
pose a greater impact to public safety and general welfare.
3. That the allowance of the variance will not, under the circumstances of the
particular case, be materially detrimental to the public welfare or materially
injurious to persons or property in the vicinity.
The allowance of the variance would not be detrimental to the public welfare
because the proposed wireless facility will comply with all FCC and FAA rules and
regulations. Additionally, the wireless facility will be routinely maintained as
Docusign Envelope ID: F796F8E7-298F-4F95-AEAB-6C159EE5681E
Resolution No. 2025-31
Appeal of V 24-01
City Council Regular Meeting | June 16, 2025
Page 3 of 5
needed, have all required signage, and implement a security plan to prevent
unauthorized personnel from accessing the facility. The increase in
telecommunication coverage would benefit the public and enhance the city’s
emergency response network.
4. That the results of allowing the variances as specified will be in harmony with the
general intent of the Zoning Ordinance.
The allowance of the variance would be in harmony with the general intent of the
Zoning Ordinance because commercial and industrial -zoned properties are the
preferred location for the installation of wireless facilities. There would be no impact
on the existing business operations and parking as the work taking place will be
within the existing 275 square foot lease area. Additionally, the new wireless facility
would allow for future collocation for any interested carriers.
5. That the granting of a variance will not constitute the granting of a special privilege
greater than that provided for by the standard provisions of this chapter for other
properties in the vicinity and in the same zoning district.
The granting of the variance would not constitute the granting of a special privilege
because the proposed wireless facility will provide a necessary service to the
public and the coverage could not be comparably obtained at a lower height.
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. 2025-31
Appeal of V 24-01
City Council Regular Meeting | June 16, 2025
Page 4 of 5
EXHIBIT A
V 24-01
401 First Street
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT.
1. APPROVED PROJECT: The approval for V 24-01 is granted for exemption to the
side and rear wireless facility setback and height limitation to allow a 70-foot-tall
monopine and associated equipment, 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 as 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
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.
2. PERMIT EXPIRATION: The expiration date of this approval is one year from the
decision date, June 16, 2025. If the applicant does not receive a building permit for
the installation of the new 70-foot-tall monopine within one year of this approval, then
the variance shall automatically expire and have no further force and effect.
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 with applicable fees prior to the expiration date. Only timely
requests may be considered pursuant to the City Code.
3. RELATED ENTITLEMENTS: This permit is subject to the findings and conditions of
approval of concurrent related entitlements AS 24 -14 or any subsequent
amendments.
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Resolution No. 2025-31
Appeal of V 24-01
City Council Regular Meeting | June 16, 2025
Page 5 of 5
CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Resolution No. 2025-31 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, June 7, 2025.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
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