Loading...
Resolution No. 2019-08 | Variance (V 19-01) Allowing a Rooftop Sign at 591 First Street | Adopted 09/05/2019RESOLUTION NO. 2019-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY APPROVING VARIANCE APPLICATION V 19-01, ALLOWING A ROOFTOP SIGN LOCATED ON A BUILDING WITHIN THE C-1 ZONE DISTRICT AT 591 FIRST STREET (ASSESSOR'S PARCEL NUMBER 790- 32-013). FILED BY MIKE TORRES, 591 FIRST STREET, GILROY, CA. WHEREAS, Mike Torres submitted a request for variance to Gilroy City Code section 30.37.30(a)(1) to permit a sign projecting above the roof of the existing one-story commercial building on property located in the C1 zoning district; and WHEREAS, the Planning Commission has determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 of the Guidelines that exempts from further environmental review those projects involving only installation of on -premise signs; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 17, 2018 and the item was continued to the June 7, 2018 meeting, at which time the Planning Commission considered the public testimony, the staff report dated June 7, 2018 ("staff report"), and all other documentation in relation to V 19-01; 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 in the Community Development Department; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 5, 2019 and considered the variance application (V 19-01), including public testimony, staffs report and all other documentation related to the application request, in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the facts set forth in the record support the findings required by Section 30.50.20(3) of the Gilroy Zoning Ordinance as follows: 1) There are exceptional or extraordinary circumstances applying to the property arising from the fact that the building was originally built as an historical drive through restaurant use that was designed to accommodate rooftop signage. Substantial and costly modifications to the building fagade or roofline would be required to create space for placement of signage that would comply with the current sign code. Allowing re-establishment of a rooftop sign on this building would be consistent with the character of the building and evoke its historical use. This would also be consistent with general plan policies that encourage adaptive re -use of historical structures as well as promoting business retention within the City. Resolution No. 2019-08 Page 2 2) Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of Zoning Ordinance would 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 given that the subject building is unique and there are no similar historical drive-in buildings in the vicinity. Nearby businesses have sloping roof forms with canopies designed to accommodate signage. This is a very small single tenant building that has been designed for rooftop signage, and which would require significant modification to the facade to otherwise support a building sign. Approval of the sign would be in keeping with nearby signage placed on canopies of other business on First Street. Further, this type of sign would be supported by the building design, in this case. 3) The allowance of the variance will not be materially detrimental to the public welfare or materially injurious to persons or property in the vicinity given that the sign would require building permits for installation and other than its location the sign would comply with all other requirements of the zoning code including design, glare and size. The sign height, design and placement would not create a visual distraction and is considered to be appropriate for the location, as proposed. 4) Allowing this variance would be in general harmony with the general intent of the zoning ordinance given that the sign would meet the general criteria for visual appearance, size and illumination and would not create a visual distraction. 5) Granting of this variance will not constitute the granting of a special privilege greater than that provided for by the standard provisions of this chapter for other properties in the vicinity and in the same zoning district. The sign will not result in a special privilege in this case because of the unique circumstances related to this particular building and property. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby grants approval of the Variance application V19-01 subject to the following condition: 1. This variance approval applies specifically to the proposed 24" tall by 3" deep by 17' long rooftop sign proposed for Water Warehouse use upon the existing former drive-in restaurant building, consisting of individual channel letters raised 10" above the roof upon a 17' long by 12" high base. A separate sign and building permit shall be required for the sign. The Variance approval shall expire if this project is not approved or constructed in compliance with the conditions. Any changes in sign style, size, dimensions or placement of the sign or modification to the building shall be subject to separate review and approval. PASSED AND ADOPTED this 5t' day of September 2019 by the following roll call vote: Resolution No. 2019-08 Page 3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: RECUSAL: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: r Juli 9 yrick, AICP, S I retary Armendariz, Estorga, Rodriguez, Rudeen, Fischer Fleming, Kim APPROVED: Tom Fisc er, WAerson