Resolution 1998-37
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RESOLUTION NO. 98-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING VARIANCE V-98-03, AND GRANTING
THE APPEAL OF THE PLANNING COMMISSION'S DENIAL
OF VARIANCE V-98-03 (APN 841-14-031)
WHEREAS, Motel 6 ("Applicant") submitted a request for approval of Variance V-98-
03, to allow a freeway-oriented sign for the new Motel 6 to be located at 6110 Monterey Street in
addition to the existing restaurant freeway-oriented sign on the property; and
WHEREAS, the California Environmental Quality Act ("CEQA"), provides a categorical
exemption for "Minor Alterations in Land Use Limitations," which applies to this request; and
WHEREAS, the Planning Commission considered Variance V -98-03 at a duly noticed
public hearing on June 4, 1998, and denied the application for the variance; and
WHEREAS, the City Council considered Variance V -98-03 and all documents relating
thereto, including the Planning Division Staff Report dated May 28, 1998 (Revised June 30,
1998), and Staff Memorandum dated June 30, 1998, and took oral and written testimony at its
duly noticed public hearing on July 6; 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 in the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. Variance V -98-03 should be and hereby is approved for either of the following alternatives
to be determined by the Applicant: (1) the addition of a second freeway-oriented sign with a
maximum height of 60 feet and with a maximum of 150 square feet of sign area; or, (2) the
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RESOLUTION NO. 98-37
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removal of the existing signs and replacement with one new freeway-oriented sign at a maximum
height of 60 feet and with a maximum of 225 square feet of sign area.
B. The City Council hereby finds that the facts set forth in the record support the findings
required by Zoning Ordinance Section 50.21as follows:
1. There are exceptional or extraordinary circumstances that apply to this vanance
because there are currently two large non-conforming freeway-oriented signs on the property.
One advertises the Six Pence Motel, which is in the same ownership as the proposed Motel 6,
but because of the demolition of the Six Pence for purposes of building the new Motel 6, the
existing sign lost its non-conforming status and was required to be removed. In addition, the
irregular shape of the parcel makes it impractical to split the lot into two separate parcels, but
if it were done, each business could have its own freeway-oriented sign.
2. Because of exceptional or extraordinary circumstances, the literal enforcement of
specified provisions of this Ordinance will result in practical difficulty or unnecessary hardship
that will deprive Motel 6 of a substantial property right possessed by other owners of property
in the same class or district. In addition to the reasons cited in paragraph one above, other
businesses in the area recently have been entitled to freeway- oriented signage.
3. The allowance of this variance will not, under the circumstances of this particular case,
be materially detrimental to the public welfare or materially injurious to persons or property in
the vicinity. Approval of this variance will not present any safety conflicts to persons or
property since the subject structures would be consistent with the Uniform Building Code
requirements for emergency exiting, and this variance only allows for the freeway sign to be
moved to a different location on the same project site.
4. That the granting of the variance will be in harmony with the general intent of the
Zoning Ordinance for the reasons set forth in paragraph one above.
5. That the granting of this variance will not constitute the granting of a special privilege
greater than that provided to other property in the vicinity and in the same zoning district by
the standard provisions of this Zoning Ordinance. The City has recently given special
consideration to other businesses in the area which received approval of variances that allow
freeway-oriented signage.
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RESOLUTION NO. 98-37
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C. The Planning Commission's denial of variance V-98-03 is overturned, and the appeal by
the Applicant of said denial is granted.
PASSED AND ADOPTED this 20th day of July, 1998, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, GILROY
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: MORALES
Artesw... j .....~. .." .
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Rhonda Pellin, City Clerk
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RESOLUTION NO. 98-37
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 98-37 is an original resolution, duly adopted by the Council ofthe City of Gilroy
at a regular meeting of said Council held on the 20th day of July, 1998, 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 23rd day of September, 1998.
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City Clerk of the City of Gilroy
(Seal)