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:
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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)