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Ordinance 2001-10ORDINANCE NO. 2001-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING A NEW SECTION 43 ENTITLED "STREET MERCHANDISE" AND A NEW SECTION 44 ENTITLED "STREET FURNITURE OBJECTS" TO THE GILROY ZONING ORDINANCE, AND AMENDING SECTION 20.34, ARTICLE VI, OF THE GILROY CITY CODE ENTITLED "SIDEWALK OBSTRUCTIONS". WHEREAS, the City of Gilroy has submitted application Z 01-04 requesting approval to add a new Section 43, entitled "Street Merchandise" and a new Section 44, entitled "Street Furniture Objects" to the Gilroy Zoning Ordinance, and amend Section 20.34 of the Gilroy City Code entitled "Sidewalk Obstructions" as fully described in the Staff Report dated May 22, 2001; and WHEREAS, approval of this project is categorically exempt from the environmental review requirements of the Califomia Environmental Quality Act ("CEQA"), pursuant to Section 15305 of the CEQA Guidehnes (concerning "Minor Alterations in Land Use Limitations"); and WHEREAS, the Planning Commission reviewed application Z 01-04 at a duly noticed public hearing on June 7, 2001, and voted to recommend that the City Council approve the addition of Section 43 entitled "Street Merchandise" and Section 44 entitled "Street Furniture Objects" to the Gilroy Zoning Ordinance, and approve the amendment of Section 20.34, Article VI, of the Gilroy City Code entitled "Sidewalk obstructions"; and WHEREAS, the City Council reviewed application Z 01-04 and all documents relating thereto, including the Staff Report dated May 22, 2001, and took oral and written testimony at its duly noticed public heating on June 18, 2001; 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. 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 proposed additions and amendment are 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 additions and 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: UH\522067.1 -1- 014}71004706002 Ordinance No. 2001-10 SECTION I Section 43 entitled "Street Merchandise', is hereby added to the Gilroy Zoning Ordinance, to read as follows: "Section 43.10 Statement of Intent It is the intent of this Section of the Ordinance to provide specific standards for Street Merchandising. This Ordinance recognizes that: (a) Street Merchandising is an integral part of doing business in the Central District Commercial; (b) All Downtown Merchants should be able to enjoy this privilege; (c) Appearance of the Central District Commercial is protected by providing measurable standards for Street Merchandising compliance; (d) Street Merchandising by one merchant will not detract from the business operations of other merchants; and (e) These standards are intended only to regulate merchandise for sale, placed on daily display and is not intended to be interpreted for the sidewalk sale of food or other types of permanent street furnishings for public use. Section 43.20 Street Merchandising is allowed under the following regulations: (a) Street Merchandising is allowed only in the C2, Central District Commercial. (b) Merchandise shall not be allowed at the curb or within 5 feet of the curb. (c) All businesses shall have a clear four feet path-of-travel past the store frontage on the sidewalk and into the front entry of the business. (d) Merchandise placed in front of a business shall be immediately adjacent and not further than 3 feet from the building facade. (e) Merchandise shall not rise more than 5 feet above the sidewalk. (0 The maximum amount of merchandise shall be limited to 25% of the linear frontage of the store facade with a minimum display area of five feet for facades of less than 20 linear feet. (g) Businesses located on a comer shall use their address frontage to calculate the amount of display area allowed, with merchandise allowed only along that frontage. (h) Merchandise shall never be covered to protect it from the environment but removed indoors for protection. UH~522067.1 -2- 01..071(~04706002 Ordinance No. 2001-10 (i) Street Merchandising will be limited to business hours. (j) Prior to placing merchandise 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." SECTION 11 Section 44 entitled "Street Furniture Objects" is hereby added to the Gilroy Zoning Ordinance, to read as follows: "Section 44.10 Statement of Intent It is the intent of this Section of the Ordinance to provide specific standards for setting Street Furniture Objects in the Central District Commercial. This Ordinance recognizes that: (a) For some business' setting Street Furniture Objects is an integral part of doing business in the Central District Commercial. (b) Appearance of the Central District Commercial is protected by providing measurable standards for Street Furniture Obj eot compliance; (c) Street Furniture Objects set by one merchant will not distract from the business operations of other merchants; and (d) These standards are intended only to regulate the setting and placement of Street Furniture Objects. Section 44.20 Street Furniture Objects are allowed under the following conditions: (a) Street Furniture Object shall mean any object, other than a Portable Sign as regulated under City Zoning Ordinance Section 37.90 or Street Merchandising under Section 43, which is placed in the space between the curb of a public street and the adjoining property line. (b) Street Furniture Objects shall be limited to the following: (c) Tables (not larger than 3 x 3 feet square or 3 feet in diameter) and chairs (not larger than 2 x 2 feet square or 2 feet in diameter) and table umbrellas (not larger than 3 feet in diameter or lower than 6 ½ feet above the sidewalk) for restaurants and similar businesses; or (d) Trash cans, benches, newspaper racks; and (e) Other incidental items subject to review and approval by the Community Development Department. klH~522067.1 -3- 01,.071004706002 Ordinance No. 2001-10 Street Furniture Objects shall be placed only along that business' facade. In addition, Street Furniture Objects shall not be placed any closer than 5 feet to the street curb and shall not be placed within the sidewalk intersection (as defined under Municipal Code Section 20.60). (g) Street Fumiture Objects shall be placed in a manner so that all businesses shall have a clear four feet path-of-travel past the store frontage on the sidewalk and into the front entry of that 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. (i) Street Furniture Objects shall not be placed over any utility box, or within 36 inches of a fire hydrant." SECTION III The Gilroy City Code Section 20.34, Article VI, entitled "Sidewalk Obstructions" is hereby amended to read as follows: "Section 20.34. Sidewalk exhibition of fruit and merchandise prohibited; exception. No person owning or occupying any building or premises fronting on any public street in the city shall place or cause to be placed, kept or maintained for sale or exhibition any fruit, vegetables, goods, wares or merchandise of any kind on any sidewalk in the city except as specifically provided by the City of Gilroy Zoning Ordinance; provided, that merchants, tradesmen and persons engaged in receiving, forwarding and expressing goods and other connmodities, may use a portion of the sidewalk in front of their respective places of business for depositing such goods or commodities for a period of time not exceeding four hours in any one day." SECTION IV If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for 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. SECTION V This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. ~JH~522~67.1 -4- 01-071004706002 Ordinance No. 2001-10 PASSED AND ADOPTED this 6th day of August, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO and VELASCO SUDOL, SPRINGER COUNCILMEMBERS: NONE Rhonda Pellin, City Clerk Thomas W. Springer, May(~J~ ~1H~522067.1 -5- 0143710047060~2 Ordinance No. 2001-10 I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2001-10 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of August, 2001, 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 8th day of August, 2001. City Qlerk of the City of Gilroy (Seal)