Ordinance 2013-01ORDINANCE NO. 2013-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING Z 12 -05 AMENDING GILROY
ZONING ORDINANCE SECTION 44 TO MODIFY
REGULATIONS RELATED TO STREET FURNITURE
OBJECTS
WHEREAS, the City of Gilroy proposed Zoning Text Amendment file number Z 12 -05
requesting amendment of Section 44 of the Gilroy Zoning Ordinance to modify regulations
related to street furniture objects; and
WHEREAS, Zoning Text Amendment file number Z 12 -05 references the Policy for
Placement of Street Furniture Objects in the Public Right of Way and includes, among other
changes, modifications related to the zoning districts in which street furniture objects can be
placed and regulations related to newspaper racks; and
WHEREAS, the City has determined that the approval of the provisions contained in the
Zoning Text Amendment file number Z 12 -05 is exempt from environmental review as a Class 5
categorical exemption, Minor Alterations in Land Use Limitations, under the California
Environmental Quality Act ( "CEQA ") pursuant to the provisions of Section 15305 of the CEQA
Guidelines; and
WHEREAS, the Planning Commission received and considered a staff report pertaining
to Zoning Text Amendment file number Z 12 -05; and
WEREAS, the Planning Commission held a duly noticed public hearing on January 10,
2013, at which time the Planning Commission took and considered the written and oral public
testimony related to Zoning Text Amendment file number Z 12 -05 and thereafter recommended
that the City Council approve said application; and
WHEREAS, the City Council received and considered a staff report pertaining to Zoning
Text Amendment file number Z 12 -05; and
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WHEREAS, the City Council held a duly noticed public hearing on January 28, 2013, at
which time the City Council took and considered written and oral public testimony, the staff
report dated January 28, 2013, and all other documentation related to application Z 12 -05; 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.
SECTION I
NOW, THEREFORE, The City Council hereby finds:
A. The proposed Zoning Ordinance Text Amendment is consistent with the intent
of the goals and policies of the City of Gilroy's General Plan through its
promotion of pedestrian activity;
B. The proposed Zoning Ordinance Text Amendment will not create any
environmental impacts;
C. The proposed Zoning Ordinance Text Amendment will not be detrimental to
the public peace, health, safety, morals, or welfare; and
D. The proposed Zoning Ordinance Text Amendment will not be detrimental to
persons or property in the City.
SECTION II
Based on the above findings and the evidence in the record, THE CITY COUNCIL
DOES HEREBY ORDAIN AS FOLLOWS:
Zoning Ordinance Text Amendment file number Z 12 -05 is hereby approved, and Gilroy
Zoning Ordinance section 44 entitled "Street Furniture Objects" is amended to read as follows:
SECTION 44, Street Furniture Objects
Section 44.10 Statement of Intent
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It is the intent of this section of the Ordinance to provide specific
standards for setting street furniture objects in the Downtown and
Commercial Zoning Districts. This Ordinance recognizes that:
a. For some businesses, setting street furniture objects is an integral part of doing
business in the Downtown and Commercial Zoning Districts;
b. The appearance of the public right of way in the Downtown and Commercial
Zoning Districts is protected by providing measurable standards for street
furniture object compliance with this ordinance and policies referenced herein;
c. Street furniture objects set out by one merchant should 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 44.15 Street furniture objects defined
A street furniture object shall mean any object, other than a portable sign as regulated under
Zoning Ordinance Section 37.90 or street merchandising under Section 43, which is placed in
the public right of way.
Section 44.20 Street furniture objects are allowed under the following conditions:
1. Businesses eligible to place street furniture objects in the public right of way in
accordance with the "Policy for Placement of Street Furniture Objects in the
Public Right of Way" shall comply with all provisions of that policy, as it is
amended from time to time, including but not limited to the location of street
furniture objects, insurance and indemnification requirements, permit approval,
and all conditions of approval.
2. Newspaper racks may be located in a public sidewalk subject to all of the
following provisions:
a) A horizontal path of at least four (4) feet wide shall remain unobstructed to
allow for pedestrian travel along the sidewalk;
b) Every person who owns a newspaper rack shall have his or her name,
address, and business telephone number clearly and permanently affixed
thereto in a place where it may be seen by anyone using the newspaper rack.
c) No newspaper rack shall be located on a sidewalk:
1. Within twenty (20) feet of the intersection of two public streets;
2. Within five (5) feet of any marked crosswalk;
3. Within five (5) feet of any driveway;
4. Within five (5) feet of any fire hydrant or any other emergency facility;
5. Within five (5) feet of any bicycle rack;
6. Within two (2) feet of any curb where parking is allowed;
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7. At any location where the newspaper rack causes, creates, or constitutes
a traffic hazard, as deemed by the Director of Public Works;
8. As measured parallel to the flow of traffic, within five (5) feet ahead of
or within twenty -five (25) feet to the rear of any sign or pavement
marking designating a bus stop;
9. At any location where the newspaper rack obstructs or interferes with
access to or the use of abutting property;
10. Within five feet of any display window or in such a manner as to
interfere with the reasonable use of such a window for display purposes;
11. At any location where the newspaper rack obstructs access to any public
or private facilities that require access to serve the public need, including
but not limited to utilities;
12. At any location where the newspaper racks conflict with accessibility
regulations; or
13. At any location where the clear space for the passage of pedestrians
would be reduced to less than four (4) feet wide;
d) Newspaper racks conforming with all provisions in this section shall not
require issuance of a Continuous Encroachment Permit, provided that the
owner of the newspaper racks provide insurance in accordance with the
requirements for placement of other types of street furniture objects in the
right of way, pursuant to section 44.20(3) of the Zoning Ordinance.
3. In accordance with the "Policy for Placement of Street Furniture Objects in the
Public Right of Way," prior to placing street furniture objects in a public right of
way, the business owner shall indemnify the City, 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 III
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, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
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SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 4th day of February, 2013, by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Donald Gage, Mayor
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2013 -01 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 4th day of February, 2013, 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 5th day of February, 2013.
City Clerk of the City of Gilroy
(Seal)