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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: -1- ORDINANCE NO. 2015-02 "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; -2- ORDINANCE NO. 2015-02 (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. -3- ORDINANCE NO. 2015-02 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: -4- ORDINANCE NO. 2015-02 "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 -5- ORDINANCE NO. 2015-02 ATTEST: d. Freels, City APPROVED: Donald Gage, Mayor -6- ORDINANCE NO. 2015 -02 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)