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
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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
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JHX04706089
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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
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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)