Resolution 1976-53
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RESOLUTION NO. 76-53
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING
ON APPEAL THE APPLICATION OF A-l AUTO \VRECKING FOR A
CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILE SALVAGE
BUSINESS IN AN M2 ZONE AT 6455 CHESTNUT STREET IN THE
CITY OF GILROY.
WHEREAS, A-l WRECKING has filed an appeal in due form from
Resolution No. 76-26 of the Planning Commission denying a conditional
use permit to operate an automobile salvage business in an "M2"
General Industrial District at 6455 Chestnut Street, and notice of
the hearing of said appeal has been given in the manner and for the
period required by law and the Zoning Ordinance of the City of Gilroy;
and
WHEREAS, the said hearing on the appeal has been held on
November 15, 1976, at 8:00 p.m. in the Council Chambers in the City
Hall at 7390 Rosanna Street, Gilroy, California, and evidence was
submitted upon the said application and appeal contrary to the
findings of the Planning Commission, the City Council finds:
(1) That the proposed use is properly located in relation to
the General Plan and to the community as a whole and to other land
used and to transporation and service facilities in the vicinity;
(2) That the proposed use, if it complied with all conditions
upon which approval is made contingent, will not adversely affect
other property in the vicinity or cause damage, hazard or nuisance
to persons or property; and
(3) That the proposed use, if properly operated, can comply
with all criteria and standards for salvage yards as set forth in
Council Resolution No. 1722; and
WHEREAS, the Planning Commission erred in denying the use
permit based on a finding of non-compliance with salvage yard st3.ao::,r~'j
and
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R~fOLUTION NC. J6-53
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WHEREAS, the City Council has determined on appeal that the
said permit prayed for should be granted upon the following conditions:
1. Refuge bins, scrap materials, inoperable automobiles or other
vehicles and equipment shall be kept and stored within the fenced
yard areas at all times.
2. Storage of flammable liquids shall be subject to Fire Chief's
approval.
3. All storage shall be kept below the top of the chain link
fence.
4. Outside areas including landscaping shall be kept clean,
neat and shall be maintained to present a good appearance at a1~
times.
5. No waste liquids or waste materials (oils, solvents, etc.,)
shall be permitted to flow into the sanitary sewer system.
6. All areas not black topped and used for storage or dis-
mante1ing purposes shall be dust controlled.
7. Approval of this conditional use permit shall be for a 5-
year period from date of approval by the Planning Commission. Sub-
sequent 5-year approvals may be granted by the Planning Commission
upon written request of the applicant without public hearing providing I
the Planning Commission finds that all requirements of the original
conditional use permit have been met and that the use is not detri-
mental to the health, safety, peace or general welfare of persons
residing or working in the vicinity and will not be injurious to
surrounding properties or improvements.
8. All salvage yard criteria and standards shall be complied
with.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Gilroy does hereby determine on appeal that the said use permit prayed
for be and the same is hereby granted in accordance with the application
upon the condition that the other conditions hereinbefore set forth
be complied with.
PASSED AND ADOPTED this 15th day of November, 1976, by the
following vote:
AYES:
NOES:
COUNCILMEMBERS: DeBELL, PATE, STOUT and GOODRICH
COUNCILMEMBERS:: CHILDERS and DUFFIN
ABSENT:
COUNCILMEMBERS: LINK
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Mayor
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RESOLUTION NO. 76-53
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I, SUSANNE E. STEIN~mTZ, City Clerk of the City of Gilroy,
do hereby certify that the attached Resolution No. 76-53 is an
original resolution. duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 15th
day of November , 1922-, at which meeting a quorum was
present.
IN WITNESS t-JHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Gilroy, this 18th day of
November , 19~.
~6h{4ti~ dk
I City Clerk of th City of Gilro