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:
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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