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Ordinance 2014-15ORDINANCE 2014 -15 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 WHEREAS, the Planning Commission held a duly noticed public hearing on March 3, 2014, and recommend that the City Council adopt an ordinance amending the City's Zoning Code regarding signs regulations; and 4824 - 9609 -M72Y2 -1- ORDINANCE NO. 2014-15 X04706083 WHEREAS, the City Council held a duly noticed public hearing on April 7, 2014, and adopted an ordinance amending the City's Zoning Code regarding signs regulations ( "Sign Ordinance "); and WHEREAS, the City Council held a duly noticed public hearing on May 19, 2014, at which time the public addressed the Council in the public comment period and raised concerns about the newly adopted Sign Ordinance, specifically the prohibition of A -frame and handheld signs; and WHEREAS, the City Council held a duly noticed public hearing on August 18, 2014, at which time the City Council considered the public testimony, a staff report dated August 18, 2014, and all other documentation and the City Council recommended that staff prepare amendments to the Sign Ordinance allowing A -frame signs and mascots; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 2, 2014, at which time it recommend to the City Council that it adopt the amendments to the Sign Ordinance allowing A -frame signs and mascots; and WHEREAS, the City Council held a duly noticed public hearing on October 2, 2014, at which time the City Council considered the public testimony, a staff report dated October 2, 2014, and all other documentation and the City Council and adopted the amendments to the Sign Ordinance allowing A -frame signs and mascots; and 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. 4824 - 9609 - 34722 -2- ORDINANCE NO. 2014-15 JH104706083 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) is hereby repealed and replaced with new Sections 30.37.20(d)(6) 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. 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 at any one time. If more than one banner is used at a time the total area of all banners shall be limited as shown in Column 1, and in no case may the total banner area exceed the limits set forth in Column 2, as described in the table below. 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. v. Banners shall meet the following size limitations: 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 -1/2 90 C1, TD and CD Districts 1 -%2 90 DHD and DED Districts 1 -I/2 150 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 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 and " to read as follows: 4824 - 9609- 3472v2 -3- ORDINANCE NO. 2014-15 JH104706083 Section 30.37.90 Portable Free - standing Open House heal Estate Signs and A -frame Signs Except as provided under this section, portable freestanding and A -frame 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 shall 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 and bicycle path of at least four feet in width is maintained, and shall comply with the current ADA requirements. 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; 7) For purposes of this section "open house" means a scheduled period of time in which a house, condominium, townhome, or other residential dwelling unit offered for re -sale is available for viewing by potential buyers. This term does not apply to such offers in newly developed communities with model homes or sales offices. 4824 - 9609- 3472v2 -4- ORDINANCE NO. 2014-15 JH104706083 (b) In the Downtown Historic District, a single A -frame sign per side street direction is allowed, with that single sign offering the opportunity to represent multiple businesses on that side street. (c) In the Downtown Historic District, Downtown Expansion District, and Downtown Civic /Cultural Arts District, A -frame signs are allowed on a public sidewalk immediately in front of a business, provided that at least one section of clear, accessible travel path is maintained for pedestrian and bicycle passage that measures at least four (4) feet in width. Such access shall meet the current ADA requirements. (d) To implement this section, specifications and standards for portable A -frame signs, including type of frames, sign height and size and font size /type may be adopted by the Council by resolution. (e) An exception to the prohibition of A -frame signs may be granted by the planning director if a specific geographic constraint to the property exists such that the business frontage immediately faces a street from which access to the business is not possible, and the exception is supported by findings and substantial evidence of such geographic constraints. In this case an A -Frame sign may be permissible, subject to substantial evidence required herein, allowing an A -Frame sign to be placed on private property at the business entryway or driveway, which entryway or driveway is located on an adjacent street. This exception shall not apply to shopping centers or strip malls generally. The denial of the exception may be appealed to the Planning Commission as provided by Chapter 30.51.50 and the Planning Commission shall base its determination consistent with the provisions of this Section. SECTION III Chapter 30, Article 37 Section 30.37.30(a)(33) of the Gilroy City Code entitled "Prohibited Signs" are hereby repealed and replaced with a new Section 30.37.30(a)(33) to read as follows: "Section 30.37.30(a) — Prohibited Signs (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. This section does not prohibit mascots or characters on private property as long as they are in a location within fifteen (15) feet of the business front door of which the mascot or character is representing. The mascot or characters shall not use a handheld sign. For purposes of this section a "mascot or character" means a person dressed up as an animal, person or thing that is intended to be associated with, or represents and/or symbolizes an organization or 4824-9609 -M72v2 -5- ORDINANCE NO. 2014-15 N04706083 business entity. For purposes of this section "front door" means the primary entrance to a business entity that is most often used by its patrons or customers." SECTION IV 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 V 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 VI 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 170i day of November, 2014 by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: ARELLANO ABSENT: COUNCILMEMBERS: NONE APPROVED: Donald Gage, Mayor 4824 - 9609- 3472v2 -6- ORDINANCE NO. 2014 -15 JH104706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2014 -15 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 17'h day of November, 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 19'' day of November, 2014. /A Shawna Freels, MMC/ City Clerk of the City of Gilroy (Seal)