Ordinance 2001-10ORDINANCE NO. 2001-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADDING A NEW SECTION 43 ENTITLED
"STREET MERCHANDISE" AND A NEW SECTION 44
ENTITLED "STREET FURNITURE OBJECTS" TO THE
GILROY ZONING ORDINANCE, AND AMENDING
SECTION 20.34, ARTICLE VI, OF THE GILROY CITY
CODE ENTITLED "SIDEWALK OBSTRUCTIONS".
WHEREAS, the City of Gilroy has submitted application Z 01-04 requesting approval to
add a new Section 43, entitled "Street Merchandise" and a new Section 44, entitled "Street
Furniture Objects" to the Gilroy Zoning Ordinance, and amend Section 20.34 of the Gilroy City
Code entitled "Sidewalk Obstructions" as fully described in the Staff Report dated May 22,
2001; and
WHEREAS, approval of this project is categorically exempt from the environmental
review requirements of the Califomia Environmental Quality Act ("CEQA"), pursuant to Section
15305 of the CEQA Guidehnes (concerning "Minor Alterations in Land Use Limitations"); and
WHEREAS, the Planning Commission reviewed application Z 01-04 at a duly noticed
public hearing on June 7, 2001, and voted to recommend that the City Council approve the
addition of Section 43 entitled "Street Merchandise" and Section 44 entitled "Street Furniture
Objects" to the Gilroy Zoning Ordinance, and approve the amendment of Section 20.34, Article
VI, of the Gilroy City Code entitled "Sidewalk obstructions"; and
WHEREAS, the City Council reviewed application Z 01-04 and all documents relating
thereto, including the Staff Report dated May 22, 2001, and took oral and written testimony at its
duly noticed public heating on June 18, 2001; and
WHEREAS, the location and custodian of the documents or other materials which
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 proposed additions and amendment are 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 additions and 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:
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014}71004706002 Ordinance No. 2001-10
SECTION I
Section 43 entitled "Street Merchandise', is hereby added to the Gilroy Zoning Ordinance, to
read as follows:
"Section 43.10 Statement of Intent
It is the intent of this Section of the Ordinance to provide specific standards for Street
Merchandising. This Ordinance recognizes that:
(a) Street Merchandising is an integral part of doing business in the Central District
Commercial;
(b) All Downtown Merchants should be able to enjoy this privilege;
(c) Appearance of the Central District Commercial is protected by providing
measurable standards for Street Merchandising compliance;
(d) Street Merchandising by one merchant will not detract from the business
operations of other merchants; and
(e) These standards are intended only to regulate merchandise for sale, placed on
daily display and is not intended to be interpreted for the sidewalk sale of food or
other types of permanent street furnishings for public use.
Section 43.20 Street Merchandising is allowed under the following regulations:
(a) Street Merchandising is allowed only in the C2, Central District Commercial.
(b) Merchandise shall not be allowed at the curb or within 5 feet of the curb.
(c) All businesses shall have a clear four feet path-of-travel past the store frontage on
the sidewalk and into the front entry of the business.
(d) Merchandise placed in front of a business shall be immediately adjacent and not
further than 3 feet from the building facade.
(e) Merchandise shall not rise more than 5 feet above the sidewalk.
(0 The maximum amount of merchandise shall be limited to 25% of the linear
frontage of the store facade with a minimum display area of five feet for facades
of less than 20 linear feet.
(g) Businesses located on a comer shall use their address frontage to calculate the
amount of display area allowed, with merchandise allowed only along that
frontage.
(h) Merchandise shall never be covered to protect it from the environment but
removed indoors for protection.
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01..071(~04706002 Ordinance No. 2001-10
(i) Street Merchandising will be limited to business hours.
(j) Prior to placing merchandise on a public sidewalk, the business owner shall
procure insurance and submit to the City a certificate of insurance in an amount
and form acceptable to the City's Risk Manager, adding the City of Gilroy as an
additional insured to the Owner's comprehensive general liability policy."
SECTION 11
Section 44 entitled "Street Furniture Objects" is hereby added to the Gilroy Zoning Ordinance, to
read as follows:
"Section 44.10 Statement of Intent
It is the intent of this Section of the Ordinance to provide specific standards for setting Street
Furniture Objects in the Central District Commercial. This Ordinance recognizes that:
(a) For some business' setting Street Furniture Objects is an integral part of doing
business in the Central District Commercial.
(b) Appearance of the Central District Commercial is protected by providing
measurable standards for Street Furniture Obj eot compliance;
(c) Street Furniture Objects set by one merchant will not distract from the business
operations of other merchants; and
(d) These standards are intended only to regulate the setting and placement of Street
Furniture Objects.
Section 44.20 Street Furniture Objects are allowed under the following conditions:
(a) Street Furniture Object shall mean any object, other than a Portable Sign as
regulated under City Zoning Ordinance Section 37.90 or Street Merchandising
under Section 43, which is placed in the space between the curb of a public street
and the adjoining property line.
(b) Street Furniture Objects shall be limited to the following:
(c) Tables (not larger than 3 x 3 feet square or 3 feet in diameter) and chairs (not
larger than 2 x 2 feet square or 2 feet in diameter) and table umbrellas (not larger
than 3 feet in diameter or lower than 6 ½ feet above the sidewalk) for restaurants
and similar businesses; or
(d) Trash cans, benches, newspaper racks; and
(e) Other incidental items subject to review and approval by the Community
Development Department.
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01,.071004706002 Ordinance No. 2001-10
Street Furniture Objects shall be placed only along that business' facade. In
addition, Street Furniture Objects shall not be placed any closer than 5 feet to the
street curb and shall not be placed within the sidewalk intersection (as defined
under Municipal Code Section 20.60).
(g)
Street Fumiture Objects shall be placed in a manner so that all businesses shall
have a clear four feet path-of-travel past the store frontage on the sidewalk and
into the front entry of that business.
Prior to placing Street Furniture Objects on a public sidewalk, the business owner
shall procure insurance and submit to the City a certificate of insurance in an
amount and form acceptable to the City's Risk Manager, adding the City of
Gilroy as an additional insured to the Owner's comprehensive general liability
policy.
(i)
Street Furniture Objects shall not be placed over any utility box, or within 36
inches of a fire hydrant."
SECTION III
The Gilroy City Code Section 20.34, Article VI, entitled "Sidewalk Obstructions" is hereby
amended to read as follows:
"Section 20.34. Sidewalk exhibition of fruit and merchandise
prohibited; exception.
No person owning or occupying any building or premises fronting
on any public street in the city shall place or cause to be placed,
kept or maintained for sale or exhibition any fruit, vegetables,
goods, wares or merchandise of any kind on any sidewalk in the
city except as specifically provided by the City of Gilroy Zoning
Ordinance; provided, that merchants, tradesmen and persons
engaged in receiving, forwarding and expressing goods and other
connmodities, may use a portion of the sidewalk in front of their
respective places of business for depositing such goods or
commodities for a period of time not exceeding four hours in any
one day."
SECTION IV
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
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.
SECTION V
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
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01-071004706002 Ordinance No. 2001-10
PASSED AND ADOPTED this 6th day of August, 2001, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO, MORALES,
PINHEIRO and VELASCO
SUDOL, SPRINGER
COUNCILMEMBERS: NONE
Rhonda Pellin, City Clerk
Thomas W. Springer, May(~J~
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0143710047060~2 Ordinance No. 2001-10
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2001-10 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 6th day of August, 2001, 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 8th day of August, 2001.
City Qlerk of the City of Gilroy
(Seal)