Ordinance 2015-02ORDINANCE NO. 2015-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING MINOR AMENDMENTS TO GILROY CITY CODE SECTIONS
30.27.50, 30.37.30, 30.37.90, 30.47.50, AND 30.50 41 OF CHAPTER 30
ENTITLED " GILROY ZONING ORDINANCE"
WHEREAS, Gilroy City Code, Chapter 30, Section 30.27.50 pertains to permitting relating
to properties on historic sites or within neighborhood combining districts; and
WHEREAS, Gilroy City Code, Chapter 30, Section 30.37.30 comprises a list of prohibited
signs; and
WHEREAS, Gilroy City Code, Chapter 30, Section 30.37.90 addresses portable
freestanding open house real estate signs and A -frame signs; and
WHEREAS, Gilroy City Code, Chapter 30, Section 30.47.50 pertains to activities requiring
an approved temporary use permit; and
WHEREAS, Gilroy City Code, Chapter 30, Section 30.50.41 refers to the architectural and
site review process; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the zone code
amendment request (Z 14 -12a), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearing on March
5, 2015 to consider the request and reviewed written materials and oral comments related to the
proposed code amendments; and
WHEREAS, the City Council of the City of Gilroy held a public hearing on April 6, 2015 to
consider the request and reviewed written materials and oral comments related to the proposed code
amendments; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with
certainty to have no possibility for causing a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 30, Section 30.27.50 of the Gilroy City Code entitled "Demolition procedures" is
hereby amended to read as follows:
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"30.27.50 Demolition procedures.
All demolition applications for historically or culturally important structures located in either
a historic site or neighborhood combining district shall be reviewed by the historic heritage
committee which shall forward its recommendations to the planning commission. The planning
commission shall review the demolition request and either deny it or forward a recommendation of
approval to the city council in accordance with sections 30.27.51 and 30.27.52. Architectural and site
approval shall not be given for any new construction until the city council has approved the
demolition request, or a demolition permit has been issued by the city, whichever comes first."
SECTION II
Chapter 30, Section 30.37.30 of the Gilroy City Code entitled "Regulations in all districts" is
hereby amended to read as follows:
"30.37.30 Regulations in all districts.
(a) Prohibited Signs. Except as otherwise provided in this chapter, the following signs shall
be prohibited throughout the City of Gilroy:
(3 1) Signs within six hundred sixty (660) feet of Santa Teresa Boulevard except on -site signs
for business and neighborhood identification, and portable freestanding open house real estate signs
placed pursuant to section 30.37.90."
SECTION III
Chapter 30, Section 30.37.900 of the Gilroy City Code entitled "Portable freestanding open
house real estate signs and A -frame signs" is hereby amended to read as follows:
"30.37.90 Portable freestanding open house real estate signs and A -frame signs.
Portable freestanding open house real estate signs and A -frame signs are allowed in all
zoning districts, as follows:
(a) Placement of portable signs shall not be any closer than one (1) foot from the street curb
edge, where sidewalks exist. Such signs shall not be placed any closer than seven (7) feet from the
street curb edge, where no permanent walking path exists. In no case shall such signs be placed
within a sidewalk intersection (as defined under section 20.60);
(b) Portable signs shall not block any alley right -of -way, driveway, parking stall, or building
exit;
(c) Under no circumstances shall portable signs be located in a manner which poses a traffic
vision hazard. Portable signs shall not block the corner sight distance triangle as described in
adopted city standards, unless otherwise approved by the Traffic Engineer;
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(d) Portable signs placed on a public sidewalk must maintain an open accessible travel path
for pedestrian and bicycle passage of at least four (4) feet in width, and shall comply with the current
Department of Justice requirements, describing Americans with Disability Act (ADA) accessibility
standards. 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;
(e) In no case may a portable sign be allowed where less than a minimum four (4) feet of
unobstructed sidewalk width is provided and maintained for safe pedestrian passage;
(f) Except as otherwise limited, the maximum height for a portable sign shall be four (4) feet,
with a maximum width of two and one -half (21 /2) feet. Portable signs shall be constructed of wood
(or other stout material) and metal hardware, with all surfaces painted. All signs shall be
professionally manufactured, and maintained in good repair at all times. Portable signs shall have no
electrical, mechanical, or fixed attachments, including objects that move with the wind;
(g) Portable signs shall not be attached or secured to public property, placed over any utility
box, or within thirty-six (36) inches of a fire hydrant;
(h) Landscaping shall not be modified or damaged to accommodate portable signs;(i Specific
to portable freestanding open house real estate signs, such 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) 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 resale 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.
(i) Specific to portable freestanding open house real estate signs, such 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) 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 resale 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.
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0) Specific to portable freestanding A -frame signs, such signs are permitted in commercial
and industrial zone districts under the following conditions:
(1) Each tenant located within a commercial complex or building may have a single
portable A -frame sign, providing that their business has a distinct individual store front and separate
front entrance for customers;
(2) In the downtown historic district, downtown expansion district, and downtown
civic /cultural arts district, portable A -frame signs are allowed on a public sidewalk immediately in
front of a business;
(3) 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.
(4) In all other areas of the city, portable A -frame signs are allowed on private
property within fifteen (15) feet of the front door of the business that it advertises. 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.
(5) Portable A -frame signs may be displayed only during hours that the business is
open to the public, and shall be stored away from public views at all other times.
(6) 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.
(7) An exception to the allowed placement of A -frame signs may be granted by the
Community Development Director or designee 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. Under extreme
circumstances, such exception may be considered on public property, consistent with all pertinent
requirements of this section. Exceptions shall not apply to shopping centers or strip malls generally.
The denial of an exception may be appealed to the planning commission as provided by section
30.51.50 and the planning commission shall base its determination consistent with the provisions of
this section."
SECTION IV
Chapter 30, Section 30.47.50 of the Gilroy City Code entitled "Other temporary uses" is
hereby amended to read as follows:
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"30.47.50 Other temporary uses.
Any of the following uses may be permitted, subject to a specific time limit not to exceed
thirty (30) consecutive days per calendar year:
(c) Open -air sale of seasonal items, such as (but not limited to) flowers for Valentine's Day,
Mother's Day and Graduation, Christmas trees and pumpkins, except in residential districts. For
purposes of this section "seasonal items" means those items not typically sold by the on -.site
permanent retail establishment and/or by the same retailer."
SECTION V
Chapter 30, Sections 30.50.41 of the Gilroy City Code entitled "Review" is hereby amended
to read as follows:
"30.50.41 Review.
The Community Development Director or designee shall review and decide applications for
architectural and site approval, and shall be bound by any uniform standards adopted by the city
council or planning commission relating to the intent, scope or review of architectural and site
approval requirements. The planning director shall review and may issue architectural and site
approval for the following uses:
(b) Residential developments having two (2) or more total units on a parcel, unless otherwise
exempted under this Chapter."
SECTION VI
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 VII
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 0 day of May, 2015, by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER,
VELASCO, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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ATTEST:
d.
Freels, City
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. 2015 -02 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 4t' day of May, 2015, 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 5h day of May, 2015.
City Clerk of the City of Gilroy
(Seal)