Resolution No. 2013-13 | Application V 13-01 Denying Variance South Valley Plaza Shopping Center | Adopted 09/05/2013RESOLUTION NO. 2013-03
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY DENYING VARIANCE
APPLICATION V 13-01, SOUTH VALLEY PLAZA
SHOPPING CENTER, APN 841-66-032
WHEREAS, Coast Sign, Inc., representing West Valley Properties,
submitted a request for variance to Section 37.58 (a)(2) of the Zoning Ordinance
to allow for the addition of 128.5 square feet of sign area to an existing
freestanding, freeway -oriented sign, and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a
categorical exemption for "Existing Facilities" (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 ("Staff Report"), and all other
documentation related to V13-01; and
WHEREAS, the location and custodian of the documents or other
materials which constitute the record of proceedings upon which this project
application is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The Planning Commission hereby finds that the facts set forth in the
record do not support the findings required by Section 50.21 of the Gilroy Zoning
Ordinance as follows:
1. There are no exceptional or extraordinary circumstances that apply to the
property. The South Valley Plaza Shopping Center is located at a freeway off -
ramp, similar to several other shopping centers in Gilroy. Harbor Freight Tools
would occupy the third largest space in the shopping center, similar to other
shopping centers in Gilroy. In other shopping centers, uses of a similar size to
Harbor Freight have been provided identification on freeway- oriented pylon
signs. In most of those cases, the sign area allotted to each business is less
than that currently provided for three of the businesses identified on the South
Valley Plaza Shopping Center pylon sign and the sign area proposed for Harbor
Freight. The smaller sign area provided to each business on those other pylon
signs allows for more businesses to be identified while staying within the
maximum square footage allowed under the City's standards.
2. Literal enforcement of specified provisions of the Zoning Ordinance would
not 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. Under the Special Sign Permit issued in June, 2013,
Harbor Freight is allowed 146 square feet of signage on the rear of its tenant
space facing the south -bound on -ramp to Highway 101. This Special Sign
Permit provides Harbor Freight with signage that would not be allowed under
uniform application of the Ordinance. This Special Sign Permit has compensated
for any hardship that might be identified. Also, a reduction to the size of the large
existing business identification sign panels on the pylon sign would allow for the
identification of Harbor Freight without exceeding the maximum sign area
allowed by the Ordinance.
3. The variance would not be in harmony with the intent of the Zoning
Ordinance. The Zoning Ordinance recognizes and provides for the need of
larger shopping centers adjacent to Highway 101 to be able to identify the names
of their larger businesses to the traffic on that highway. The Ordinance
establishes maximum sign areas in order to provide for that identification while
maintaining the aesthetics of the Highway 101 corridor.
4. The granting of the variance would be a special privilege that is greater
than provided for by the standard provisions of the Ordinance for the reasons
stated above.
B. The Planning Commission does hereby deny Variance application V13-01.
PASSED AND ADOPTED this fifth day of September, 2013, by the following
vote:
AYES: Commissioners Bannister, Fischer, Kloecker, Lai, Sanford
NOES: Commissioner Garcia
ABSENT: Commissioners Gullen
Elizabeth Sanford
Attest:
A
Susan L. Martin, Secretary