Resolution 2003-09
RESOLUTION NO. 2003-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
UPHOLDING AN APPEAL AND GRANTING A CONDITIONAL USE PERMIT
TO ALLOW THE TEMPORARY SALE OF USED AUTOMOBILES AT 6920
CHESTNUT STREET, APN 841-66-017
WHEREAS, Rick Walkewicz, on behalf of The Car Store, the applicant, submitted
application CUP 02-10 to allow for the temporary sale of used automobiles at 6920 Chestnut Street
(South Valley Business Park), Gilroy, Assessor's Parcel No. 841-66-017, which property is zoned
C3, Shopping Center Commercial; and
WHEREAS, the applicant has requested to conduct a five-day automobile sales event on
Feb. 20, 21, 22, 23 and 24, in the year 2003, and four-day automobile sales events on each of the
following dates in the year 2003: April 10, 11, 12 and 13, May 15, 16, 17 and 18, and July 31,
August 1, 2 and 3; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 2,
2003, at which time the Planning Commission considered the public testimony, the Staff Report
dated December 13, 2002 ("Staff Report"), and all other documentation related to application CUP
02-10, and thereafter voted to deny the application; and
WHEREAS, the applicant appealed the decision of the Planning Commission to the City
Council on January 6,2003; and
WHEREAS, the City Council held a duly noticed public hearing on February 3, 2003, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application CUP 02-10; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
Council has determined that the project is categorically exempt pursuant to Class 5, Guidelines
Section 15305, "Minor Alterations in Land Use Limitations"; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is in the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY THAT:
SECTION I
Based on facts set forth in the public hearing and in the Staff Report, the City Council
INVH\579166.1
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Resolution No. 2003-09
does hereby find as follows:
(1) The proposed use is properly located in relation to the General Plan and the community
as a whole, and to other land uses and to transportation and service facilities in the
vicinity.
(2) The proposed use, if it complies with all the conditions upon which approval is made
contingent, will not adversely affect other properties in the vicinity, or cause any
damage, hazard, or nuisance to persons or property.
SECTION II
1. The Applicant's appeal of the denial of CUP 02-10 by the Planning Commission
is hereby upheld.
2. Application CUP 02-10 is hereby approved and a conditional use permit granted
subject to the conditions contained in the Staff Report attached hereto as Exhibit "A" and further
subject to the following condition:
The first temporary auto sales event occurring February 20, 21, 22, 23
and 24, 2003, shall be reviewed for land use compatibility, safety and other
issues at the regular meeting of the City Council on March 3, 2003. If
deemed necessary, the City Council may revise the use permit conditions or
impose additional conditions to correct any impacts.
PASSED AND ADOPTED this 18th day of February, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, GARTMAN, MORALES,
PINHEIRO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
VELASCO, DILLON and SPRINGER
NONE
APPROVED:
ATTES'f..: ~
~
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'.' " AA ( -
Rh nda Pellin, City Clerk
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01-020603-04706002
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Resolution No_ 2003-09
EXHIBIT A
Community Development Department
Planning Division (408) 846-0440
Conditional Use Permit
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
CUP 02-10
December 13, 2002
The Car Store, Rick Walkewicz (510-352-8680)
6920 Chestnut Street, South Valley Business Park (old K-Mart Parking Lot)
Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
REOUESTED ACTION:
The applicant is requesting Conditional Use Permit (CUP) approval to allow the temporary sale of used
automobiles on property zoned C3 (Shopping Center Conunercial), pursuant to Zoning Ordinance
Section 18.30 Commercial Use Table.
DESCRIPTION OF PROJECT:
Parcel No:
Parcel Size:
Flood Zone:
841-66-017
approximately 14 acres
HAH", panel #: 060340-0004E, dated 8/17/98
,
STATUS OF PROPERTY:
Existinll: Land Use
Retail Commercial
General Plan Desil!l1ation
General Services Commercial
Zoning
C3
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
Commercial
South Valley Freeway
Automobile Sales
Commercial
North:
East:
South:
West:
General Plan Desil!l1ation
General Services
FreewaylExpressway
General Industrial
General Services
Zoning
C3
N/A
CM
C3
CONFORMANCE OF REQUEST WITH GENERAL PLAN:
The proposed Conditional Use Permit request conforms to the land use designation for the property on
the General Plan map and is generally consistent with the intent of the text of the General Plan document.
CUP 02-10
2
12/13/02
ENVIRONMENTAL IMPACTS:
EXEMPTION
The California Environmental Quality Act (CEQA) provides a categorical exemption which applies to this
request: Class 5, Section 15305, entitled "Minor Alterations in Land Use Limitations".
ANALYSIS OF REQUEST:
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow the temporary sale of
used automobiles on property zoned C3 (Shopping Center Commercial), pursuant to Zoning Ordinance
Section 18.30 Commercial Use Table. This section of the Zoning Ordinance requires Planning
Commission approval of a CUP for "temporary auto sales." The location of the event is 6920 Chestnut
Street (old K-Mart shopping center). The sales area is located in the eastern most section ofthe property
adjacent to highway 101. This is outside of the main parking for the South Valley Business Park
businesses. A notice ofthe pending sales events and the dates to be held was signed by all of the existing
businesses in the Business Park indicating that they were aware of these events.
The applicant proposes to conduct a four-day sales event on each of the following dates during the 2003
calendar year. These dates are:
~ February 13, 14, 15, and 16,
~ April 10, 11 12 and 13,
~ May 15,16,17 and 18, and
~ July 31, August 1,2 and 3.
Each event will last from 9:00 am to 9:00 pm Thursday through Sunday. In addition to the event's sale
days, the applicant proposes to set up two days prior to, and tear down and clean up following the sales
event. As a condition of CUP approval, staff recommends that all tear-down and clean-up responsibilities
be completed by the applicant/operator within 48 hours of the event's conclusion.
Approximately 150 used automobiles will be on display during the event. A 20- by 40-foot tent will be
erected at the sales area to accommodate sales' transactions. Approximately 8 employees will be working
to assist the event's projected daily 50 to 75 customers. Temporary power and restroom facilities are also
proposed. No permanent alterations to the site. are proposed. None of the event dates will full on holiday'
weekends.
CUP 02-10
3
12113/02
Staff has identified four specific issues with the requested temporary automobile sales event:
#1. Traffic & Circulation
The proposed event will occur entirely within a portion of the business park property. Access is
provided by three main entry driveways; one on Tenth and two on Chestnut, located along the front
of the property. Staff does not anticipate any traffic conflicts due to existing on-site (multiple
. driveways) and off-site (street) improvements.
#2. On-Site Parkin!!
The 14 acre site is improved with approximately 1000 paved parking stalls. Overall, the business
park is not fully occupied and there is currently an excess amount of on-site parking which should be
sufficient to serve the proposed event. StafTbelieves that there is adequate parking as proposed.
#3 Fire Prevention/Public Safety
The City's Development Review Group and Fire Marshal have reviewed plans fur the proposed sales
event and have determined that there is adequate fire apparatus access. Other fire safely
requirements are achieved through the City's Uniform Fire Code permit process, required of the
applicant as a condition of CUP approval. Therefore, staff does not anticipate any fire hazards
or access limitations. .
h
#4 Event Security
The Applicant does not mention event security in their application. In past events of this type, on
other sites, the City has required either security fencing or on-site monitoring during non-business
hours. Staff believes that security during non-business hours is important and the Applicant
should provide either 6 foot security fencing or an on-site security or employee presence.
REQUIRED FINDINGS
The Planning Commission shall receive, investigate, hear and decide upon every application for a
conditional use and, after the hearing, shall approve the issuance of a use permit therefore only if the
evidence presented at the hearing is such to establish:
(a) That the proposed use is properly located in relation to the General Plan and the community as a
whole and to other land uses and to transportation and service facilities in the vicinity.
The proposed project conforms to the land use designation on the General Plan map and is generally
consistent with the intent of the General Plan document for Commercial uses. This is a temporary use
and if conflicts arise in the future the use permit can be modified or not approved.
CUP 02-10
4
12/13/02
(b) That the proposed use, if it complies with all the conditions, upon which approval is made contingent,
will not adversely affect other property in the vicinity, or cause any damage, hazard or nuisance to persons
or property.
All adjacent uses are compatible with the proposed temporary auto sales. The operation is located so
that it has accessibility from some of the City's highest capacity roads and parking areas and is easily
accessible from Highway 101.
STAFF RECOMMENDATION:
StafT recommends Plannin!! Commission aDDroval of the subject Conditional Use Permit (CUP). The
following findings support this recommendation:
~ As submitted, this request is consistent with Zoning Ordinance Section 18.30, Commercial Use Table,
and with other applicable Zoning Ordinance development standards, and
,
~ The proposed CUP conforms to the land use designation for the property on the General Plan map, and
is consistent with the intent of the text of the General Plan document, and
~ Full street improvements are currently improved at the proposed site, and
~ The proposed location is improved with 1000 paved, on-site parking stalls and three entry driveways,
and
~ The applicant has worked with the property management to coordinate parking and notify other
businesses.
In addition. StafT recommends the followinl! conditions be "laced on the I!rantinl! of this request:
Plannin!! Division (contact Gre!!!! Polubinskv 408-846-0440)
These conditions are subject to the review and approval of the Plarming Division.
1. The Applicant shall successfully process a City of Gilroy "Special Event Application" prior to the
beginning of each auto sales event.
2. The Applicant shall provide either a 6 foot security fence or on-site security during non-business hoUTS.
3. All proposed signage shall be subject to the review and approval by the Planning Division. No
additional off-site signage shall be placed in violation of the zoning ordinance.
4. If a future tenant were to occupy any building where this temporary sales event interfered with their
parking requirements this CUP would become null and void and the Applicant would need to initiate a
new request showing revised operations.
5. Structural elements and displays, shall be subject to Building, Life, & Environmental Safety Division
review and approval.
6. The site shall be cleaned and all signage shall be removed within 48 hours following the event.
CUP 02-10
5
12/13/02
7. The applicant/operator of the proposed automobile sales event shall obtain approval ofa .UniformFlTe
Code Permit for a Tent or Canopy." prior to event set-up, subject to review and approval by the
Building, Life, and Environmental Safety Division. Obtain permit for Tents from Fire Prevention 2
weeks prior to first event.
8. Portable toilet facilities will be located within the fenced sales area.
Fire Marshal (contact J. Bretschneider at 846-0430)
These conditions are subject to the review and approval of the Fire Marshal.
9. None of the travel lanes will be blocked under any circumstances.
10. Maintain Fire Department Access in Parking lot and around buildings.
11. No washing of vehicles or discharge of wash water to the parking lot or storm drains. Porta Potty
units to be serviced by a licensed waste hauler.
12. No storage of Hazardous Materials without a Fire/Hazmat Permit.
Buildinli. Life and Environmental Safety (contact Alan Low at 846-0430)
These conditions are subject to the review and approval of the BLES Division.
13. BLES has attached two conditions to this request dated December 12, 2002.
William FallS
Planning Division Manager
bfauS@ci.gilroy.ca.us
City of Gilroy
Community Development Department
BLES Division - Building
408 846-0430 - Fax: 408 846-0429
Owner: The Car Store
Project address: 6900 Chestnut St.
Scope of Work: Car Sales in Existing Parking Lot
Planning #: 02120009
Date: December 12, 2002
Plan checker: Alan Low
L
The Building Division has performed a cursory review of preliminary plans submitted to the
Planning Division for the application noted above. The plans will require compliance with the
following informational items and conditions of approval at the time of building permit
submittal:
1. Bathroom facilities must meet the number of fixtures required by State and Federal
regulations. Assembly facilities and buildings are required to provide higher number of
fixtures in women's bathrooms.
2. T-24 ACCESSIBILITY/COMMERCIAL - The developer shall comply with all applicable
provisions of Chapter 11 of the California Building Code (Title 24) for Disabled Access.
· Accessible parking spaces are required to meet the CBC. 1129B
· Accessible parking should be located at the shortest route of travel to the accessible
entrance. 1129B 1
· Provide accessible parking spaces to meet Table I1B-7.
· Where single spaces are provided, the unloading access aisle must be placed on the
passenger side. 1129B.4.1 .
· One in every eight accessible spaces, but not less than one, shall be designed for van
accessibility. 1129B.4.2
I,
i
G:\COMDEV\ View _ ObjeL:ts\zorung\02120009\02120009 CUP 0210 6900 Chestnut St The Car Store.DOC
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2003-09 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 18th day of February, 2003, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 27th day of February, 2003.
Cit Clerk of the City of Gilroy
(Seal)