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Resolution 2014-64RESOLUTION NO. 2014-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING FILE NUMBER DSUP14 -01 FOR PURPOSES OF ALLOWING A LARGE DANCE VENUE AT 7430 MONTEREY ROAD. WHEREAS, Darin Dixon submitted application DSUP14 -01, a Downtown Special Use Permit to allow for a large dance venue at 7430 Monterey Road; and WHEREAS, the subject site is located in the Downtown Historic District zoning designation; and WHEREAS, the need for the Downtown Special Use Permit for a large dance venue in the Downtown Historic District is identified in Section 30.19.10(c)(2) of the City Code; and WHEREAS, section 30.2.20 of the City Code, defined a large dance venue as a "venue where public dancing occurs in which the dance is larger than four hundred forty-one (441) square feet or twenty -five percent (25 %) of the public access floor area."; and WHEREAS, applicant for DSUP14 -01 is proposing a dance floor of approximately 1,161 square feet (27 feet by 43 feet) immediately in front of the stage area. A dance floor of this size categorizes the business as a large dance venue, thereby requiring approval of a Downtown Special Use Permit; and WHEREAS, Three large dance venues currently operate in the downtown: Rio Nilo, Old City Hall, and Tequila VIP Grill. The proposed large dance venue would represent the fourth large dance venue. Pursuant to the provisions of Section 30.19.10(c)(2) of the City Code, a Downtown Special Use Permit for a fourth (or more) large dance venue requires approval by the city council; and WHEREAS, Section 3 0.19. 1 0(c)(2) of the City Code states that liquor sales and bars with on -site consumption of alcohol require approval of a conditional use permit in the Downtown Historic District. However, that code section also states that "the requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food, and liquor is served as a clearly ancillary use." The applicant has provided a limited food menu that includes a variety of flatbread pizzas and macaroni and cheese options which reflect the limited kitchen size and equipment that would likely be necessary for a more diversified menu. The applicant has indicated that food service will be available at all times, and outside catering services may also be provided depending on demand and specific events; and WHEREAS, criteria from Section 30.50.30(f) of the City Code provide cause for denial of the subject application, and the proposed applciation does not contain cause for denial. Under the provisions of Sections 30.31.30(g)(2) of the City Code, the use is not required to provide parking. The conditions of approval require compliance with all applicable regulations, including those of building, fire, County Health Department, and the State Department of Alcoholic Beverage Control. The applicant has not had another Downtown Special Use Permit for a large dance venue issued or revoked in the last year. RESOLUTION NO. 2014-64 The applicant has provided requested information and conforms to applicable requirements of the City Code; and WHEREAS, the conditions of approval herein address issues that have the potential to impact the surrounding uses, such as noise, patron queuing, anti -litter requirements, and security personnel standards; and WHEREAS, Under the California Environmental Quality Act (CEQA) Guidelines Section 15301, Existing Facilities, the subject project is exempt from environmental review in that the proposed permit would allow for leasing of the existing tenant space for a use similar in nature and scope to the prior use of the site. No interior or exterior changes are proposed as part of the subject application; and WHEREAS, the City Council held a duly noticed public hearing on December 1, 2014, at which time the City Council considered the public testimony, the Staff Report, and all other documentation related to the project. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: The council does hereby approve Downtown Special Use Permit, file number DSUP14 -01, for purposes of allowing a large dance venue at 7430 Monterey Road, subject to the following conditions of approval: Expiration and Renewal. This Downtown Special Use Permit shall automatically expire one year from the issuance date of said permit. The applicant may request renewal of the validity of the subject permit pursuant to procedures set forth in the Gilroy City Code. The applicant shall request renewal at least one month prior to the expiration of the subject permit. Planning staff shall coordinate with the police department prior to issuance of a renewal. 2. Compliance with Permit and Code Requirements. Applicant shall be bound by, comply with, and do all things required of or by the applicant pursuant to all of the terms, provisions, and conditions of this permit, as well as any permits issued by the police department and all applicable requirements from the Gilroy City Code. 3. Compliance with Building and Fire Requirements. Applicant shall comply with all requirements of the fire department and building department, including but not limited to occupancy classifications, occupant load, exiting, and fire requirements. 4. Compliance with County Health Department Requirements. The applicant shall obtain applicable clearances from the County Health Department for the service of food and beverages and shall comply with all County Health Department requirements during the course of the business operations. 5. Conformance with Plans. Applicant shall comply with the specifications identified in the floor plan and operations plan submitted with the application materials. Should conflicts exist between this permit and application materials or between police 2 RESOLUTION NO. 2014-64 permits and application materials, the information contained in the city permits shall take precedent. 6. Additional Permits. Prior to commencement of the proposed large dance venue use, applicant shall obtain all applicable permits required per the Gilroy City Code, including but not limited to applicable permits from the police department. 7. Business License. The applicant shall maintain a valid city business license at all times the business is in operation. 8. Alcohol Service & ABC License. Alcohol service shall comply at all times with the license issued by the Department of Alcoholic Beverage Control ( "ABC "). The applicant has indicated that he will obtain a Type 41, beer and wine sales for on -site consumption in conjunction with an eating establishment. Should the applicant chose to pursue an ABC license other than a Type 41, which authorizes alcohol sales in conjunction with an eating establishment, separate and prior approvals from the planning division may be required. The project operator shall first obtain and subsequently maintain the appropriate permit, based on the use of the facility, from the State of California Department of Alcoholic Beverage Control (ABC) and shall maintain that license according to the use operated. 9. Food Service. Hot food service shall be available at all hours of operation, consistent with the applicant's submitted operations plan and consistent with the specific requirements, and each of them, of applicant's ABC license. The use must be operated as a restaurant, with ancillary alcohol sales. Should the use operate in a manner such that alcohol sales develop into a primary rather than ancillary use, the applicant will be required to obtain approval of a Conditional Use Permit, consistent with the provisions of the Zoning Ordinance, as amended. 10. Anti - Graffiti. The applicant shall remove all graffiti from buildings, fences, and wall surfaces within 48 hours of defacement. 11. Anti Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. a. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage and shall include cleaning of all exterior walls and sidewalks along the project's frontage. As necessary, damp washing may be needed to remove stains, garbage, gum, or other markings from the walls or sidewalks. b. The operator of the proposed use shall clean the public right -of -way within 200 feet of the subject site before 8:00 a.m. each day. c. Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 7:00 a.m. daily. d. The facility operator shall provide adequate ashtrays along the business frontage to accommodate patrons who wish to smoke outdoors. Patrons smoking outdoors shall not impede pedestrian traffic along the adjacent rights - of -way, nor create a nuisance for adjoining businesses. 3 RESOLUTION NO. 2014-64 12. Noise. During the hours of operation, amplified sound shall be carefully regulated to ensure compatibility with adjacent uses. To address any noise concerns, the city may require that doors and windows to the establishment remain closed when amplified music is played and/or may require that amplified sound levels be reduced to address public or private nuisance concerns. Operations shall conform with applicable general plan noise policies. 13. Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the city. 14. Queuing. Applicant shall ensure that lines for the establishment (1) maintain at least four feet of clear passage for pedestrians and (2) do not adversely impact any nearby uses. 15. Hours of Operation. Hours of operation are limited to 9:00 a.m. to midnight seven days a week, consistent with the applicant's submitted operations plan, except that on New Year's Eve / New Year's Day morning, operations can continue until 1 a.m. 16. Security. Uniformed security guards shall monitor activities at a minimum ratio of one security person per 100 patrons, consistent with the applicant's submitted operations plan, or as otherwise conditioned and required by the police department. Pursuant to Gilroy City Code Chapter 8.2 and 18C, as amended, a minimum of two security officers must be on duty any time amplified music is being played (either live or through a DJ) or the event has been advertised using print or broadcast advertising. Additional shall be required if the Chief of Police determines such is warranted. If security requirements from this permit conflict with those from the police permitting processes, the police permitting requirements shall take precedent. 17. Patron Parking. The project operator shall identify and publicize to its patrons the location and availability of parking facilities within the vicinity of the project site. 18. Building Modifications. No new lighting, signage, interior, or exterior changes to the building or site are proposed or approved as part of this permit. 19. Revocation. The subject Downtown Special Use Permit is subject to revocation for violation of any conditions contained herein or for non - compliance with any provisions of the Gilroy City Code. Revocation proceedings shall follow the procedures set forth in the Gilroy City Code. 20. Updates / Changes. The applicant/permittee shall have an affirmative and ongoing obligation to update and keep current the information contained in the application. Failure to keep this information current shall be grounds for revocation. 4 RESOLUTION NO. 2014-64 PASSED AND ADOPTED this 1St day of December, 2014, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: � 2 r Donald Gage, Mayo RESOLUTION NO. 2014-64 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -64 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1St day of December, 2014, 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 2nd day of December, 2014. J Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)