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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)