Gilroy City Zoning Code

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;

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;

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;

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;

Because wireless telecommunications antennas and related facilities for cellular and mobile phones and personal communications systems are commercial uses 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) no other feasible alternative site or sites exist that can provide comparable services individually or in combination, as evidenced by a report provided by the applicant;

Provide opportunities for further reduction in potential aesthetic or land use impacts of wireless telecommunications facilities as changes in technology occur;

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; and

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.

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 provide the antenna is exempt from local regulation.

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.

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 structure, such antennas shall be placed whenever possible on the top of buildings and as far away as possible from the edges of rooftops.

A ground- or building-mounted citizens band or two (2) way radio antenna, including any mast.

A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the amateur radio service, provided the antenna does not exceed thirty-five (35) feet in the R1 and R2 zone districts, thirty (30) 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.

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.

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.

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.

Handheld devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices.

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.

Any nonmajor modification or maintenance activities carried out as part of the routine operation of wireless telecommunication facilities.

Small scale, low powered, short-range wireless Internet transmitter/receivers (e.g., “wi-fi hotspots”).

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 overhead electrical 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.

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.

Telemetry facilities used solely for the monitoring and control of water, sewer, irrigation, and flood and storm control systems.

Notwithstanding subsection (a)(1) of this section, 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.

The facility is consistent with the current zoning regulations;

The facility was previously subject to discretionary review; and

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.

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.

Elevations. Provide elevations and identify heights of all proposed telecommunication structures and appurtenances and composite elevations from the street of all structures on site.

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 required at the time of application submittal.

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.

Visual Impact Demonstrations. Using photosimulations, photomontage, 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.

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.

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.

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.

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.

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.

Location. Describe the location and type of antenna installations (stand-alone rooftop, roof-top attached to a mechanical penthouse or building facade) and location of the base transceiver station(s), equipment cabinets and/or buildings.

Height. List the height from nearest adjacent grade to the top of the antennas installation(s).

Radio Frequency. List the radio frequency range in megahertz and list the wattage output of the equipment.

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.

Maintenance. Provide a description of the anticipated maintenance and monitoring program for the antennas and backup equipment, including frequency of maintenance services, backup service plans for disruption of service due to repair, testing, maintenance or monitoring activities.

Environmental Assessment. Provide sufficient information to permit the city to make any required determination under the California Environmental Quality Act (CEQA).

Noise/Acoustical Information. Provide noise and acoustical information for the base transceiver stations, equipment buildings and associated equipment such as air conditioning units and backup generators.

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.

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.

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).

Radio Frequencies. A description of the radio frequencies to be used for each technology.

Services. The type of consumer services (voice, video, data transmission) and consumer products (mobile phones, laptop PCs, modems) to be offered.

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.

List of Information. Provide a list of the ten (10) year cell sites, with the following information:

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.

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.

Antennas. The dimensions of each existing and proposed antenna, base transceiver station, equipment cabinet and associated building and backup equipment on the property.

Power Rating. The power rating for all existing and proposed backup equipment subject to the application.

Ambient Radio Frequency. A report estimating the ambient radio frequency fields for the proposed site.

Total Watts. The total number of watts per installation and the total number of watts for all installations on the building (roof or side).

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.

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 nonco-located wireless communication facilities proposed in residential zone districts or PUDs 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).

Evaluate the potential for co-location 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.

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 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.

Include photosimulations of each of the alternatives (i.e., the proposed location/facility and each of the technically feasible location/design alternatives).

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.

Number, type(s), manufacturer(s) and model number(s) for all antennas and other RF-generating equipment.

For each antenna, the antenna gain and antenna radiation pattern.

Number of channels per antenna, projected and maximum.

Power input to each antenna.

Power output, in normal use and at maximum output for each antenna and all antennas as an aggregate.

Output frequency of the transmitter(s).

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.

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.

Measures shall be taken to keep the facility in operation in the event of a disaster, including installation of backup generators.

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.

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:

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.

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.

The planning manager’s decision to deny a renewal may be appealed as described in section 30.35.25.

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.

An approval for a wireless telecommunication service facility may be modified or revoked by the planning commission as described in section 30.35.27.

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 writing. The permit for said wireless telecommunications facility shall be deemed lapsed and of no further effect six (6) months thereafter unless:

No later than thirty (30) days after a permit has lapsed under subsection (r)(1) of this section, 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.

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 lawfully established wireless telecommunication facility that was in operation on December 11, 2003, when the ordinance codified in this article was originally codified, but did not conform to the provisions of that 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 of ten (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.

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.

Height. The proposed co-location or modification would increase the height more than ten percent (10%), or the height of one (1) additional antenna array would be more than twenty (20) feet above the height of the nearest existing antenna (whichever is greater); and

Width. The proposed co-location or modification would protrude from the edge of the tower either more than twenty (20) feet, or more than the width of the tower structure at the level of the existing appurtenance, whichever is greater.

Height. The proposed co-location or modification would increase the height more than ten percent (10%) or ten (10) feet above the originally approved height (whichever is greater); and

Width. The proposed co-location or modification would protrude from the edge of the originally approved structure by more than six (6) feet.

Height. The proposed co-location or modification would increase the height of the base station more than ten percent (10%) or ten (10) feet above the originally approved height (whichever is greater); and

Width. The proposed co-location or modification would protrude from the edge of the originally approved base station structure by more than six (6) feet.

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;

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;

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;

Telecommunication support facilities (e.g., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) and shall be placed in underground vaults to the extent possible;

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;

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;

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

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).

Proposed telecommunication towers shall be set back at a minimum of the overall tower 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 may 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.

Location Preference. Location preference for wireless telecommunication facilities shall be given to:

Preferred Antenna Siting and Mounting Techniques. The following antenna and equipment siting and mounting techniques are preferred:

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.

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.

At least one (1) hour fire resistant interior surfaces shall be used in the construction of all buildings;

Monitored automatic fire extinguishing systems approved by the fire chief shall be installed in all equipment buildings and enclosures;

Rapid entry (KNOX) systems shall be installed as required by the fire chief;

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

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.

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

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.