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Resolution 2014-04RESOLUTION NO. 2014-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF VARIANCE V13 -01 AND APPROVING SAID VARIANCE TO ALLOW ADDITIONAL SIGN AREA ON AN EXISTING FREEWAY - ORIENTED SIGN, SOUTH VALLEY PLAZA SHOPPING CENTER, APN 841 - 66-032 WHEREAS, Coast Sign, Inc. on behalf of West Valley Properties and Harbor Freight Tools, ( "Applicant") submitted a request for approval of V13 -01, a variance to Gilroy City Code section 30.37.58 (b)(2) to allow the addition of 147 square feet of sign area to an existing freestanding, freeway- oriented sign located on property at 6980 Chestnut Street, APN 841 -66 -032; and WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a categorical exemption for "Existing Facilities" pursuant to CEQA Guidelines section 15301), which applies to this request; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 18, 2013, at which time the Planning Commission considered the public testimony, the staff report dated July 18, 2013, and all other documentation related to V 13 -01, and denied the application; and WHEREAS, following the Planning Commission's denial of Variance V13-01, the Applicant timely filed an appeal to the City Council; and WHEREAS, the City Council held a duly noticed public hearing considering the appeal on September 16, 2013, considered the Staff Report dated September 16, 2013, and the testimony by the applicant, as well as an appeal letter dated September 13, 2013, from Coast Sign, Inc., and requested the City Staff to provide more information on the sign ordinance and possible amendments to it; and 4M- 9994 -9Mvl -1- RESOLUTION NO. 2014 -04 WHEREAS, the information was provided to the Council at its meeting of November 18, 2013, and after consideration of the staff report and discussion of the variance findings, the Council directed staff to reschedule a public hearing for its January 6, 2014 meeting and provide further information on the existing sign and to prepare a draft resolution of approval of V13-01 with findings based on facts in the record; and WHEREAS, the Applicant and their consultants presented facts to support the findings required for the variance in the public hearings; and WHEREAS, at its duly noticed meeting of January 6, 2014, the City Council considered the Staff Report dated January 6, 2014, heard testimony during the public hearing as to the need for the sign size variance for this tenant from the property owners' representative, West Valley Properties, due to other tenants' long -term existing lease rights for the size of their signs. Based on that testimony and the facts supporting the variance findings as set forth herein, the City Council then determined to approve the variance with a limited term of ten (10) years, during which time it appeared from their testimony that the property owner could renegotiate sign rights with tenants in the center to bring the sign into conformance with then existing regulations; and WHEREAS, the representatives of the owner of the property and Harbor Freight Tools stated their support for this Variance and did not object to the conditions imposed; 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, BE IT RESOLVED THAT: 4845 - 9994- 9335v1 -2- RESOLUTION NO. 2014-04 Lacw4706OB3 A. The City Council hereby finds that the facts set forth in the record support the findings required by Section 30.50.20 of the Gilroy City Code as follows: Finding 1: There are exceptional or extraordinary circumstances applying to the property involved or to the proposed use. Within one mile of the subject property there are five other multi- tenant, regional - serving commercial shopping centers. All five of those centers were developed using the Planned Unit Development district and, as such, were not subject to the signage limitations of Section 30.37.58 (b) (2) of the Gilroy City Code. All of those five centers have one or more freeway- oriented pylon signs that exceed the signage limitations of the Gilroy City Code. The South Valley Plaza Shopping Center is the only regional- serving center in this area that is subject to the signage limitations of Section 30.37.58 (b) (2). Finding 2: Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this Code Section would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a substantial property right possessed by other owners of property in the same class or district. Strict enforcement of Section 30.37.58 (b) (2) of the Gilroy City Code would cause the South Valley Plaza Shopping Center to have less freeway signage than the five other regional - serving centers within one mile of the subject property. This could result in a hardship as it would place the Center at a competitive disadvantage to other centers in the area, depriving this center of a substantial property right. Finding 3: The allowance of the variance will not, under the circumstances of the particular case, be materially detrimental to the public welfare or materially injurious to persons or property in the vicinity. The existing pylon sign has not been found to be detrimental to the public welfare or injurious to persons or property in the vicinity. The proposed signage would be added below the existing business identification sign panels on the pylon sign and not result in any increase in the height or location of that sign. As 4845- 9994'9335yl -3- RESOLUTION NO. 2014-04 LAC104706M the existing sign has not been found to be detrimental to the public health or injurious to persons or property, the addition of 147 square feet of area to the sign will, similarly, not create any detrimental or injurious situations. Finding 4: The results of allowing the variance as specified will be in harmony with the general intent of the zoning sections of the Gilroy City Code. Sections 30.26.10 and 30.50.50 et seq of the Gilroy City Code provide a means by which commercial properties may develop using the Planned Unit Development overlay district. Planned Unit Developments are allowed flexibility in the application of the development standards of the underlying zoning district, including signage standards. Five other regional- serving commercial centers within one mile of the subject property have developed as Planned Unit Developments and have been allowed signage that exceeds the limitations of the Section 30.37.58 (b) (2) of the Gilroy City Code. Had the subject property been developed as a Planned Unit Development, it may have similarly been allowed signage that exceeds the limitations of the Gilroy City Code. Insofar as other commercial centers in the vicinity have been allowed more signage than the Code allows and insofar as the subject Center may have been developed as a Planned Unit Development with additional signage, approval of the proposed signage would be in harmony with the general intent of the Gilroy City Code. Finding 5: The granting of a variance will not constitute the granting of a special privilege greater than that provided for by the standard provisions of the Gilroy City Code for other properties in the vicinity and in the same zoning district. The other five regional - serving commercial centers in the vicinity of the subject property have freeway- oriented pylon signage ranging from 629 to 1,440 square feet in area. The proposed additional signage would increase the area of the pylon sign on the subject property to 506 square feet. Thus the sign area on the subject property would continue to be less than allowed for other centers in the vicinity. 4M5-sa35vi LAQ0 arosoe3 -4- RESOLUTION NO. 2014-04 u�cw B. The Planning Commission's denial of Variance V13-01 is hereby overturned, the appeal by the Applicant of said denial is granted and Variance V13-01 is hereby approved subject to the following conditions: 1. This sign area variance is for a term of ten years and will be automatically revoked at the end of that period without further action by the City. The sign must then be brought into compliance with the sign area regulations in effect at that time. 2. The applicant shall defend, with legal counsel satisfactory to City, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this variance. PASSED AND ADOPTED on this 6th day of January, 2014, by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ; TUCKER; WOODWARD; and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN APPROVED: - 1,� &I. (�w Donald Gage, Mayor 7O ssa5vl LAQ0 4706083 -5- RESOLUTION NO. 2014-04 LAC10 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -04 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6`h day of January, 2014, 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 7n day of January, 2014. City Clerk of the City of Gilroy (Seal)