Resolution 2000-34
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Resolution No. 2000-34
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RESOLUTION NO. 2000-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY UPHOLDING THE APPEAL OF VARIANCE V 00-01
AND OVERTURNING THE PLANNING COMMISSION'S
DENIAL OF A VARIANCE FROM ZONING ORDINANCE
SEC. 37.58 TO ALLOW CONSTRUCTION OF A SIGN
APPROXIMATELY 8 FEET HIGHER THAN ALLOWED BY
ORDINANCE (APN 841-69-036).
WHEREAS, Hometown Buffet, clo Valerie Belmonte ("Applicant") submitted Variance
V 00-01, a request for a variance from Zoning Ordinance Section 37.58 to construct a freeway-
oriented sign 71.25 feet high (approximately 8 feet higher than allowed by ordinance) located on
1.7 acres zoned C3-PUD (General Services Commercial, Planned Unit Development) at 7950
Arroyo Circle; 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-00-01 at a duly noticed
public hearing on April 6, 2000, and denied the application for Variance V -00-01; and
WHEREAS, following the Planning Commissioner's denial of Variance V-OO-OI, the
Applicant timely requested an appeal to the City Council; and
WHEREAS, the City Council considered Variance V-OO-Ol and all documents relating
thereto, including the Planning Division Staff Report dated March 24, 2000, and took oral and
written testimony at its duly noticed public meeting on May 1, 2000; 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.
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds:
1. There are exceptional or extraordinary circumstances applying to the property
because the property suffers from an exceptional visibility problem in that the
large Sycamore trees, planted when the property was zoned Industrial, would
impair the visibility of a shorter freeway-oriented shopping center sign.
2. Because the property suffers from an exceptional visibility problem and the
other properties designated for regional retail businesses along Highway 101
in this area have visibility from the freeway, the same or similar visibility
would be denied to the Applicant if the Zoning Ordinance were literally
enforced.
3. The addition of eight feet to the height of a freeway-oriented shopping center
sign will not be materially detrimental to the public welfare or materially
injurious to persons or property in the vicinity.
4. The freeway-oriented shopping center sign resulting from this variance will be
in harmony with the retail zoning designation of the property.
5. The granting of this variance will not grant the Applicant any greater or
special privilege of visibility from the freeway that is already possessed by
other properties in the vicinity and in the same zoning district.
B. Variance V 00-01 should be approved subject to the following five conditions:
1. The Applicant shall obtain sign permits from both the Planning Division
and the Building Division prior to the construction of the signage.
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Resolution No. 2000-34
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2. All signage colors shall be subject to the approval ofthe Planning Division.
3. The Applicant shall remove the existing freeway oriented sign prior to
construction of the proposed freeway oriented sign, subj ect to the review and
approval of the Planning and Building Divisions.
4. The Applicant shall trim and maintain the Sycamore trees in front of the sign
to ensure visibility of the sign.
5. Any future business on the site that desires a freeway-oriented sign must
use the shopping center sign approved in this variance request; and any
future business may not have a separate free-standing sign on the site.
NOW THEREFORE, BE IT FURTHER RESOLVED, THAT the appeal of the Planning
Commission's denial of Variance V 00-01 is upheld, and Variance V 00-01 should be, and
hereby is, granted subject to the above five (5) conditions.
PASSED AND ADOPTED this 15th day of May, 2000, by the following vote:
NOES:
COUNCILMEMBERS:
G. ARELLANO,MORALES,
PINHEIRO, SUDOL, VELASCO
SPRINGER
P. ARELLANO
AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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Thomas W. Springer, Mayo
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Rhonda Pellin, City Clerk
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Resolution No. 2000-34
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2000-34 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 15th day of May, 2000, 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 17th day of May, 2000.
(Seal)