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Resolution 2015-50RESOLUTION NO. 2015-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REVOKING CONDITIONAL USE PERMIT CUP 14 -04, AN APPROVAL TO ALLOW RE- ESTABLISHMENT OF AN AUTOMOBILE REPAIR USE WHEREAS, Rolando Barroso submitted application CUP 14 -04 requesting Conditional Use Permit approval to allow for the re- establishment of an automobile repair facility in the GD Gateway District, located at 8385 Monterey St., Gilroy CA 95020. APN: 790 -36 -032; and WHEREAS, the Planning Commission on March 5, 2015,(considered the staff report dated March 5, 2015( "Staff Report"), public comment, and all other documentation related to application CUP 14 -04 at a duly noticed public hearing; and WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a categorical exemption for existing facilities pursuant to CEQA Guidelines Section 15301, which applies to application CUP 14 -04 as the operation, repair and maintenance of an existing facility; and WHEREAS, Section 50.32 (b) of the City of Gilroy Zoning Ordinance requires that the Planning Commission review Conditional Use Permit applications and allows the Planning Commission to grant Conditional Use Permit approval if the evidence presented at the hearing is such as to establish that the proposed use is properly located in relation to the General Plan and to the community as a whole and to other land uses and to transportation and service facilities in the vicinity, and that the proposed use, if it complies with all 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; and WHEREAS, the Planning Commission determined that the automobile repair use was properly located in relation to the General Plan and to the community as a whole and to other land uses and to transportation and service facilities in the vicinity, and that the use, if it complied with all conditions upon which approval was made contingent, would not adversely affect other property in the vicinity, or cause any damage, hazard, or nuisance to persons or property as described in the March 5, 2015, staff report; and 4838 - 8426 -96080 RESOLUTION NO. 2015 -50 X04706089 2 WHEREAS, the Planning Commission approved Conditional Use Permit application CUP 14 -04 at its March 5, 2015, meeting, subject to certain conditions contained in Planning Commission Resolution No. 2015 -10, and WHEREAS, Conditions 4, 5, 11, 14 and 15 of Planning Commission Resolution No. 2015 -10 required the business owner to: (1) replace the monument sign faces by March 19, 2015; (2) remove the gasoline pump islands and canopy by April 5, 2015; (3) submit plans for site improvements by May 5, 2015; and (4) remove the underground fuel storage tanks by June 11, 2015, and provided that if these actions do not occur by the prescribed dates, then a public hearing for revocation of CUP 14 -04 would be scheduled, and WHEREAS, none of the actions required by Conditions 4, 11, 14 and 15 were completed by required due dates, and WHEREAS, the Planning Commission conducted a duly noticed public hearing on July 2, 2015, to consider modification of the conditions of approval, addition of conditions of approval and revocation of the approval of CUP 14 -04, and WHEREAS, On July 2, 2015, the Planning Commission received testimony from the business owner on the status of compliance with conditions of approval and other information regarding the use of the property, and WHEREAS, on July 2, 2015, the Planning Commission found that, due to the lack of compliance with the conditions of approval of CUP 14 -04, the automobile repair use was not properly located in relation to the General Plan and to the community as a whole and to other land uses in the vicinity and would adversely affect the other property in the vicinity and cause nuisance to the persons and property; and WHEREAS, On July 21, 2015, the City Council received testimony from the business owner on the status of compliance with conditions of approval and other information regarding the use of the property, and WHEREAS, on July 21, 2015, the City Council found that, due to the lack of compliance with the conditions of approval of CUP 14 -04, the automobile repair use was not properly located in relation to the General Plan and to the community as a whole and to other land uses in 4 &"X%Wvl RESOLUTION NO. 2015-50 JHX04706089 3 the vicinity and would adversely affect the other property in the vicinity and cause nuisance to the persons and property; and WHEREAS, the location and custodian of the documents and other material which constitute the record of proceedings upon which this revocation is based is the office of the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gilroy does hereby revoke the approval of CUP 14 -04 granted by Resolution No. 2015 -10. PASSED AND ADOPTED this 14'h day of September, 2015, by the following vote: AYES: COUNCILMEMBERS: AULMAN, TUCKER, VELASCO and GAGE NOES: COUCILMEMBERS: LEROE -MUNOZ ABSENT: COUNCILMEMBERS: BRACCO ABSTAIN: COUNCILMEMBERS WOODWARD APPROVED: Donald Gage, Mayor ATTEST: reels, CiilyClerk 4838-9426- 9608v1 RESOLUTION NO. 2015-50 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -50 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 14'' day of September, 2015 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 15th day of September, 2015. Shdiwna Freels, MMC City Clerk of the City of Gilroy (Seal)