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Ordinance 2000-03ORDINANCE NO. 2000-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 37 (SIGN REGULATIONS) OF THE GILROY ZONING ORDINANCE BY ADDING A NEW SECTION 37.58 (REGIONAL- SERVING COMMERCIAL DEVELOPMENT) TO THE GILROY ZONING ORDINANCE, Z 98-07 WHEREAS, the City of Gilroy has submitted application Z 98-07 requesting approval of an amendment to Section 37 of the Gilroy Zoning Ordinance, by adding a new Section 37.58 (Regional-Serving Commercial Development), as fully described in the revised Staff Report dated November 29, 1999, and an earlier Staff Report dated "May 19, 1999"; and WHEREAS, approval of this project is categorically exempt fi:om the environmental review requirements of the California Envirmnnental Quality Act ("CEQA',), pursuant to Section 15305 of the CEQA Guidelines (concerning "Minor Alterations in Land Use Limitations',); and WHEREAS, the Planning Commission reviewed application Z 98-07 at a duly noticed public hearing on June 3, 1999, and voted to recommend that the City Council approve the amendment to the Gilroy Zoning Ordinance Section 37, which adds a new Section 37.58 (Regional-Serving Commercial Development), with modifications to the proposed ordinance; and WHEREAS, the City Council took oral and written testimony at its duly noticed public hearing on June 21, 1999, reviewed the proposed mnendment to the City Zoning, which adds a new Section 37.58 (Regional-Serving Commercial Development), and directed the Planning Division staff to modify the proposed text amendment to incorporate certain considerations expressed by the Council; WHEREAS, the City Council reviewed application Z 98-07 and all documents relating thereto, including the revised Staff Report dated November 29, 1999, and took oral and written testimony at its duly noticed public hearing on December 20, 1999; and WHEREAS, the location and custodian of the documents or other materials which LIH~465888.~ - 1 - 92-122804706002 Ordinance No. 2000 - 3 constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, the City Council hereby finds: A. The project is exempt under CEQA as described above, and there will be no significant environmental impacts as a result of the proposed changes. B. The amendment to the Zoning Ordinance is in conformance with the Gilroy General Plan and are consistent with the intent of the goals and policies of the General Plan. C. The proposed amendment will not be detrimental to the public welfare or injurious to persons or property in the City. Based on the evidence in the record, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy Zoning Ordinance Section 37 is hereby amended by adding a new section, Section 37.58, Regiunal-Serving Commercial Development, to read as follows: Regional-Serving Commercial Development "Section 37.58 Statement of Intent This section is intended to provide adequate sign area for commercial businesses that have a regional customer base, while simultaneously controlling the amount of signage visible from Highway 101. Commercial developments meeting all of the following requirements shall be considered regional-serving commercial, and shall be allowed signage as described in this section. 1. The development must be located either on the east side of Highway 101 or on the west side of Highway 101, south of Tenth Street. 2. Developments must be permitted uses in the C3 (Shopping Center Commercial) zoning district. 3. Developments shall be located within 660 feet of Highway 101. 4. Developments shall provide a traffic study showing that a majority of their current or projected customers come from areas outside of Gilroy. 5. Developments shall meet the following definition of a regional-serving commemial development: ~JH[~465888.1 -2- 92-~22804706002 Ordinance No. 2000 - 3 (a) (b) Definition Regional-serving commercial developments are defined as commercial businesses located on a parcel or parcels of land that were processed through the Planning Division as one site, or as one collective entity. In addition, regional-serving commercial businesses located adjacent to each other will be considered one development when they can collectively be defined as one commercial entity. One or more businesses may be located within a development. If a property is located within a Planned Unit Development (PUD) overlay zone, the development shall encompass all of the land involved in the PUD Architectural and Site Review approval, even if a portion of the development is not included within the PUD overlay zone. Regional-Serving Commercial Freeway Oriented Signage: Freeway-oriented signage shall include all signage that is freestanding or wall mounted, and is primarily oriented toward Highway 101. One freestanding, freeway-oriented sign will be allowed for each regional-serving commercial development, with a maximum height of 60 feet. The height of the sign may be increased 1 foot for every 44 feet it is set back from the property line adjacent to Highway 101, or for every foot it is set below the Highway 101 grade level. The maximum height of this signage shall be 75 feet. (2) Developments consisting of a single business shall be allowed up to 200 square feet of freeway-oriented sign area. Developments consisting of multiple businesses shall be allowed up to 330 square feet of freeway-oriented sign area. Building and Freestanding Signage: The following building and freestanding signage shall be allowed: (1) Excluding freeway oriented signage allowed under (a) above, the maximum building signage allowed for regional-serving commercial businesses shall be equivalent to 1.5 square feet of sign area per lineal foot of building frontage, up to a maximum of 300 square feet. (2) Freestanding Master Shopping Center signage may be allowed in conformance with Section 37.52, "Master Shopping Center Signs," except that Master shopping center signage for regional-serving commercial businesses shall be placed within the site's front yard setback, and shall be oriented toward the adjacent City street." SECTION II If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for LlH~465898.1 -3- 92-122804706002 Ordinance No. 2000 - 3 any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. PASSED AND ADOPTED this 7th day of February, 2000, by the following vote: AYES: COUNCILMEMBERS: P1NHEIRO, SUDOL, VELASCO, SPRINGER G. ARELLANO, P. ARELLANO, MORALES NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Rhonda Pellin, City Clerk APPROVED: Thomas W. Springer, Mayo~// ~JH~465888.1 -4- 92-122804706002 Ordinance No. 2000 - 3 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2000-03 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of February, 2000, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 3rd day of March, 2000. City Clerk of the City of Gilroy (Sefl)