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
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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:
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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
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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.
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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
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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)