GILROY
– Potential changes to Gilroy zoning laws could allow some
retailers to open up shops where only wholesale operations
previously were allowed.
GILROY – Potential changes to Gilroy zoning laws could allow some retailers to open up shops where only wholesale operations previously were allowed.
By Monday, City Council could approve new rules clarifying when retail sales in industrially zoned areas would be permitted. Retail would be allowed in the industrial sectors of Gilroy if 90 percent or more of the business remains industrial or wholesale. For buildings larger than 10,000 square feet, no more than 5 percent of the building can be used for retail sales.
“We are trying to make the current rules about ancillary retail a little more clear,” Planning Division Manager Bill Faus said. “It’s always been a bit nebulous under the current regulations.”
The amendments come as the city and a large wholesale furniture business – 5-Day Furniture – await a judge’s ruling on a lawsuit triggered in part by the vagueness of the existing guidelines.
5-Day Furniture co-owner Hai Tran asked the city to change the zoning rules, specifically asking for Conditional Use Permits to be issued in the event a business is out of compliance with a portion of the ordinance. The city Planning Commission would have to approve the use permits. Its rulings would be appealable to City Council.
Tran did not return phone calls before deadline.
The Conditional Use Permit is crucial for 5-Day Furniture because under the existing and proposed version of the zoning ordinance, the 162,000-square-foot furniture store is out of compliance, planner Gregg Polubinsky said.
“They could come in front of us for a Conditional Use Permit, but staff still has concerns, especially about their parking situation,” Polubinsky said.
The 5-Day Furniture store at 500 E. Luchessa Ave. has parking available, but with more retail shoppers, more spots would likely be needed. The city’s proposal includes a provision that would not allow a company to increase “the amount of parking or traffic beyond that generally associated with the primary industrial use.”
5-Day Furniture could get around the parking/traffic provision, Polubinsky said. Since many industrial businesses close on the weekend, there may be no change in the total sum of traffic in the area.
“We’d analyze all of that when a Conditional Use Permit gets requested,” Polubinsky said.
If City Council approves the zoning changes, the new rules would take effect around early November.
City Council meets Monday, Sept. 15, at 7 p.m. at City Hall, 7351 Rosanna Street.
