Ordinance 2000-03ORDINANCE NO. 2000-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTION 37 (SIGN
REGULATIONS) OF THE GILROY ZONING ORDINANCE
BY ADDING A NEW SECTION 37.58 (REGIONAL-
SERVING COMMERCIAL DEVELOPMENT) TO THE
GILROY ZONING ORDINANCE, Z 98-07
WHEREAS, the City of Gilroy has submitted application Z 98-07 requesting approval of an
amendment to Section 37 of the Gilroy Zoning Ordinance, by adding a new Section 37.58
(Regional-Serving Commercial Development), as fully described in the revised Staff Report dated
November 29, 1999, and an earlier Staff Report dated "May 19, 1999"; and
WHEREAS, approval of this project is categorically exempt fi:om the environmental review
requirements of the California Envirmnnental Quality Act ("CEQA',), pursuant to Section 15305 of
the CEQA Guidelines (concerning "Minor Alterations in Land Use Limitations',); and
WHEREAS, the Planning Commission reviewed application Z 98-07 at a duly noticed
public hearing on June 3, 1999, and voted to recommend that the City Council approve the
amendment to the Gilroy Zoning Ordinance Section 37, which adds a new Section 37.58
(Regional-Serving Commercial Development), with modifications to the proposed ordinance; and
WHEREAS, the City Council took oral and written testimony at its duly noticed public
hearing on June 21, 1999, reviewed the proposed mnendment to the City Zoning, which adds a new
Section 37.58 (Regional-Serving Commercial Development), and directed the Planning Division
staff to modify the proposed text amendment to incorporate certain considerations expressed by the
Council;
WHEREAS, the City Council reviewed application Z 98-07 and all documents relating
thereto, including the revised Staff Report dated November 29, 1999, and took oral and written
testimony at its duly noticed public hearing on December 20, 1999; and
WHEREAS, the location and custodian of the documents or other materials which
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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 amendment to the Zoning Ordinance is 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 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:
SECTION I
Gilroy Zoning Ordinance Section 37 is hereby amended by adding a new section, Section
37.58, Regiunal-Serving Commercial Development, to read as follows:
Regional-Serving Commercial Development
"Section 37.58
Statement of Intent
This section is intended to provide adequate sign area for commercial businesses that have
a regional customer base, while simultaneously controlling the amount of signage visible
from Highway 101. Commercial developments meeting all of the following requirements
shall be considered regional-serving commercial, and shall be allowed signage as described
in this section.
1. The development must be located either on the east side of Highway 101 or on the
west side of Highway 101, south of Tenth Street.
2. Developments must be permitted uses in the C3 (Shopping Center Commercial)
zoning district.
3. Developments shall be located within 660 feet of Highway 101.
4. Developments shall provide a traffic study showing that a majority of their current or
projected customers come from areas outside of Gilroy.
5. Developments shall meet the following definition of a regional-serving commemial
development:
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(a)
(b)
Definition
Regional-serving commercial developments are defined as commercial businesses
located on a parcel or parcels of land that were processed through the Planning
Division as one site, or as one collective entity. In addition, regional-serving
commercial businesses located adjacent to each other will be considered one
development when they can collectively be defined as one commercial entity. One or
more businesses may be located within a development. If a property is located within
a Planned Unit Development (PUD) overlay zone, the development shall encompass
all of the land involved in the PUD Architectural and Site Review approval, even if a
portion of the development is not included within the PUD overlay zone.
Regional-Serving Commercial Freeway Oriented Signage: Freeway-oriented signage shall
include all signage that is freestanding or wall mounted, and is primarily oriented toward
Highway 101.
One freestanding, freeway-oriented sign will be allowed for each regional-serving
commercial development, with a maximum height of 60 feet. The height of the sign
may be increased 1 foot for every 44 feet it is set back from the property line adjacent
to Highway 101, or for every foot it is set below the Highway 101 grade level. The
maximum height of this signage shall be 75 feet.
(2)
Developments consisting of a single business shall be allowed up to 200 square feet
of freeway-oriented sign area. Developments consisting of multiple businesses shall
be allowed up to 330 square feet of freeway-oriented sign area.
Building and Freestanding Signage: The following building and freestanding signage shall
be allowed:
(1)
Excluding freeway oriented signage allowed under (a) above, the maximum building
signage allowed for regional-serving commercial businesses shall be equivalent to 1.5
square feet of sign area per lineal foot of building frontage, up to a maximum of 300
square feet.
(2)
Freestanding Master Shopping Center signage may be allowed in conformance with
Section 37.52, "Master Shopping Center Signs," except that Master shopping center
signage for regional-serving commercial businesses shall be placed within the site's
front yard setback, and shall be oriented toward the adjacent City street."
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
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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.
PASSED AND ADOPTED this 7th day of February, 2000, by the following vote:
AYES: COUNCILMEMBERS: P1NHEIRO, SUDOL,
VELASCO, SPRINGER
G. ARELLANO, P. ARELLANO, MORALES
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rhonda Pellin, City Clerk
APPROVED:
Thomas W. Springer, Mayo~//
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2000-03 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 7th day of February, 2000, 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 3rd day of March, 2000.
City Clerk of the City of Gilroy
(Sefl)