Ordinance 2014-04ORDINANCE 2014 -04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING VARIOUS PROVISIONS OF
CHAPTER 30 ARTICLE 37 OF THE GILROY CITY CODE
ENTITLED "SIGN REGULATIONS"
WHEREAS, the California Constitution, article XI section 7, confers on the City of Gilroy
( "City ") the power to make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the proposed Ordinance will amend various provisions of the current Gilroy
City Code Chapter 30, Article 37, entitled "Sign Regulations "; and
WHEREAS, the City Council of the City of Gilroy held duly noticed public study
sessions on March 19, 2013 and April 30, 2013, at which time it considered the existing sign
ordinance, enforcement challenges, community feedback during enforcement, and information on
other jurisdictions' sign regulations; and
WHEREAS, at its May 21, 2013 meeting, the City Council appointed a Sign Ordinance
Review Task Force ( "Task Force ") comprised of nine members to study and address several
identified topics and to recommend revisions to the current sign regulations; and
WHEREAS, the Task Force met eight times from September 2012 to June 2013 and
reviewed, evaluated, and proposed changes, as they deemed appropriate, to the topics of
evaluation requested by Council and
WHEREAS, the City Council held a duly noticed public hearings on September 9, 2013,
and February 10, 2014, at which time the City Council considered the public testimony, a staff
reports dated September 9, 2013 and February 10, 2014, and all other documentation and the City
Council recommended that staff prepare an ordinance containing the Task Force
recommendations; and
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WHEREAS, the City Council finds that the proposed Ordinance is consistent with the
intent of the goals and policies of the City's General Plan; and
WHEREAS, the City Council further finds that the proposed Ordinance will not be
detrimental to the public welfare or injurious to persons or property in the City; and
WHEREAS, these amendments to the Gilroy City Code is exempt from environmental
review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California
Environmental Quality Act of 1970, as amended, because it can be seen with certainty that there
is no possibility that said amendments will have a significant effect on the environment; 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 OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 30, Article 37, Sections 30.37.20(d)(6) and Section 30.37.20(d)(7) of the Gilroy City
Code entitled "Exemptions" is hereby repealed and replaced with new Sections 30.37.20(d)(6)
and 30.37.20(d)(7) to read as follows:
"Section 30.37.20(d) — Exemptions
(6) Temporary banners located over private property to advertise sales and
special promotions which meet the following criteria:
i. Banners shall be maintained for a consecutive period of no more than
forty five (45) calendar days. A business may conduct no more than one
Grand Opening or Going Out of Business sale per location.
ii. Such signs shall not be replaced within ninety (90) calendar days after
removal.
iii. No more than three (3) temporary banners shall be allowed for each
business.
iv. Banners may be mounted on any side of a building, except no sign shall
be mounted on the side of a building abutting and facing a freeway.
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v. Banners shall meet the following size limitations:
I rni r Tm-m i r ()r .r IMN I
Maximum total banner area
permitted (in square feet) for
each lineal foot of building
Maximum total banner area
permitted (in square feet)
regardless of building frontage*
PO and CCA Districts
1 -' /z
90
C1, TD and CD Districts
1 -' /2
90
DHD and DED Districts
1 -' /z
150
C3, HC, CM and GD
2
150
M1, M2
2
150
*Building frontage shall be defined pursuant to Section 30.37.50(b)
(7) Temporary signs on windows of commercial buildings provided no more than
twenty -five percent (25 %) of the window surface is covered."
SECTION II
A new Chapter 30, Article 37 Sections 30.37.20(d)(19) and 30.37.20(d)(20) shall be added to the
Gilroy City Code to read as follows:
"Section 30.37.20(d) - Exemptions
(19) New vehicle sales establishments located within 1200 feet east or west of
Highway 101 may have pennants, balloons, streamers, and objects designed to
move with the wind.
(20) Feather banners, defined as vertical signs resembling a feather that are
supported by a single, curved structural member and base with a banner attached
to said single structure, may be used subject to the following:
L Feather banners, may not be placed on vacant property, on or over
public property, or extend onto adjacent private property, and shall not
be attached to utility poles or light standards within the public right-of-
way-
ii. Feather banners must be securely installed and may not protrude into
any public right -of -way, drive aisles, parking spaces or other areas
required for vehicular or pedestrian accessibility. Exposed bracing, guy
wires or cables are prohibited. Their total maximum height shall not
exceed eleven (11) feet in height and two (2) feet six (6) inches in
width.
iii. Feather banners, shall not create a visual obstruction over three (3) feet
high adjacent to driveways, alleys or corners pursuant to the visual
obstruction requirements of Municipal Code Section 20.60.
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,l
iv. The number of feather banners allowed on a site shall not exceed one (1)
for every twenty -five (25) lineal feet of frontage along the adjacent
public street. The lineal feet of frontage shall be that distance of site
frontage facing a public street. Where the site fronts on more than one
public street, the lineal feet of frontage shall be calculated by using the
longer of any one such frontage.
The placement and use of all feather banners shall be subject to the approval of the Community
Development Director."
SECTION III
Chapter 30, Article 37 Sections 30.37.30(a)(3), 30.37.30(a)(16) and 3 0.3 7.3 0(a)(3 3) of the Gilroy
City Code entitled "Prohibited Signs" are hereby repealed and replaced with a new Sections
30.37.30(a)(3), 30.37.30(a)(16) and 30.37.30(a)(33) to read as follows:
"Section 30.37.30(a) — Prohibited Signs
(3) Flags, pennants, balloons, streamers, and objects designed to move with the
wind, except for flags of the United States of America and the State of California
on a flagpole for which a building permit has been issued and as exempted in
Section 30.37.20(d)(20) (feather banner exemption) and Section 30.37.20(d)(19)
(new vehicle sales exemption).
(16) Any off -site advertising sign, including billboards, in any district except as
exempted in Section 30.37.90.
(33) Any sign held by or attached to any person for the purpose of displaying
commercial advertising or otherwise drawing attention to a business, commodity,
service, product, or event, including a person dressed in a costume or outfit
designed for such purposes."
SECTION IV
"Section 30.37.70 - Maintenance
Every sign shall be erected as specified in the sign permit. Every sign and all
parts and materials together with the frame, background, supports or anchorage
therefore, shall be maintained in proper repair. The display surface of all signs
shall be kept neatly painted and/or posted. Faded, tattered and dirty signs are
prohibited. Failure to so maintain signs shall constitute a violation of this
Ordinance and removal may be ordered by the Planning Manager."
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SECTION V
Chapter 30, Article 37 Section 30.37.90 of the Gilroy City Code entitled "Portable Freestanding
Signs" is hereby repealed and replaced with a new Section 30.37.90 entitled "Portable Free-
standing Open House Real Estate Signs" to read as follows:
Section 30.37.90 - Portable Free - standing Open House Real Estate Signs
Except as provided under this section, portable freestanding signs are prohibited in all zoning
districts:
(a) Portable free - standing open house real estate signs may be off -site and are
permitted in all districts except the Downtown Historic District, and Expansion
District under the following conditions:
1) Portable open house signs may only be erected on the day(s) and time
on which the property is available for public showing and shall be
taken down during all other times;
2) Portable open house signs shall not be placed any closer than one foot
from the street curb, and shall not be placed within a sidewalk
intersection (as defined under Municipal Code section 20.60);
3) Portable open house signs may not block any alley right -of -way,
driveway, parking stall, or building exit;
4) Portable open house signs may be placed on a public sidewalk,
providing an open pedestrian path of at least four feet in width is
maintained. Prior to placing a portable open house sign on a public
sidewalk, the signage 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, and adding the CITY OF GILROY as an
additional insured to the owner's comprehensive general liability
policy;
5) The maximum height for a portable open house sign shall be 4 feet,
with a maximum width of 2 1/2 feet. Portable open house signs shall
be constructed of wood (or other stout material) and metal hardware,
with all surfaces painted. Portable signs shall have no electrical,
mechanical, or fixed attachments, including objects that move with the
wind;
6) Portable open house signs shall not be attached or secured to public
property, placed over any utility box, or within 36 inches of a fire
hydrant."
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SECTION VI
The new provisions of the Gilroy Chapter 30, Article 37 shall apply to all projects that
have not been deemed complete by the effective date of this Ordinance.
SECTION VII
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 VIII
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 7t' day of April, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: ARELLANO
ABSENT: COUNCILMEMBERS: NONE
S " 110 "I
J
Donald Gage, Mayor
ATTEST
awna Freels, City Clerk
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -04 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 7th day of April, 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 9th day of April, 2014.
Shawna Freels, MMC `"
Of�Clerk of the City of Gilroy
(Seal)
n
Shawna Freels, MMC `"
Of�Clerk of the City of Gilroy
(Seal)