Resolution 1996-38
.
.
.
RESOLUTION NO. 96-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ESTABLISHING A STREET FURNITURE
POLICY AS A DEVELOPMENT POLICY PURSUANT TO
SECTION 19.30 OF THE GILROY ZONING ORDINANCE
WHEREAS,
the Gilroy City Council finds that the
placement of objects known as street furniture between the curb of
pUblic streets and the adjoining property line may benefit the
City's Commercial districts but requires regUlation so as to not
cause obstruction of the public rights of way or otherwise be
hazardous or detrimental to the public welfare; and
WHEREAS, the Planning Commission held a duly noticed
pUblic hearing at its regularly scheduled meeting on May 2, 1996,
after which hearing it determined to recommend to the City Council
amendments to the Gilroy Zoning Ordinance that included the
implementation of a Street Furniture Policy as revised; and
WHEREAS, the CITY Council held a duly noticed public
hearing at its regularly scheduled meeting on May 20, 1996, after
which hearing it determined to amend the Gilroy Zoning Ordinance in
part to implement a Street Furniture Policy as recommended by the
Planning Commission; and
WHEREAS, approval of this project is categorically
exempt from the environmental review requirements of the California
Environmental Quality Act ("CEQA), Public Resources Code section
21000 et seq., as a Minor Alteration in land use limitations within
the meaning of CEQA Guidelines section 15305, and there will be no
significant environmental impacts as a result of the proposed
policy.
NOW, THEREFORE, BE IT RESOLVED THAT the Gilroy City
Council does hereby adopt the Street Furniture Policy that is
attached hereto as Exhibit "A" and incorporated herein by this
reference.
IRPJI3OO911.01
62"061B047C6002
-1-
RESOLUTION 96-38
.
.
PASSED AND ADOPTED this 17th day of June, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AP7~ J.
Donald F. Gage, Ma~
ATTEST:
/( / ~
~ I . /I-/--:j I
/)I'-uA~ "b~1
Susanne E. Steinmetz, city Clerk.
-->
IRPJI309911.01
62~18047C6002
-2-
RESOLUTION 96-38
.
.
City Of Gilroy
Community Development Department
It shall be unlawful for any business or person to place, or pennit to be placed, upon the
sidewalk of the city any Street Furniture Object not specifically allowed under this policy:
#1. Street Furniture Object shall mean any object, other than a Portable Sign as regulated
under City Zoning Ordinance Section 37.90, which is placed in the space between the
curb of a public street and the adjoining property line.
#2" Street Furniture Objects shall be limited to the following:
a) Tables (not larger than 3 feet square or 3 feet round) and chairs (not larger than 2
feet square or 2 feet round) for restaurants and similar businesses; or
b) Portable display of merchandise not over 6 feet tall; and
c) Trash cans, newspaper racks, and table umbrellas; and
d) Other incidental items subject to the review and approval by the Community
Development Department.
#3. Street Furniture Objects shall be placed within 10 feet of the business store front. In
addition, Street Furniture Objects shall not be placed any closer than one foot from the
street curb, and shall not be placed within a sidewalk intersection (as defined under
Municipal Code Section 20.60). Street Furniture Objects shall not be placed within any
landscaped planter or parkway.
#4. Street Furniture Objects shall be placed in a manner so that an open pedestrian path of
at least four feet in width is maintained to the front entry and along the entire frontage
of the 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.
#5. Street Furniture Objects shall not be placed over any utility box, or within 36 inches of
a fire hydrant.
EXHIBIT A
.
.
~',
I, SUSANNE E, STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-3B
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
17th
day of
June
19--2L,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 2Bth
19 96.
day of
June
/
(Seal)