Resolution No. 2021-01 | Conditional Use Permit 20-01 Expansion of a Mini-Storage Facility APN 835-04-069 | Adopted 02/04/2021RESOLUTION NO. 2021-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING A CONDITIONAL USE PERMIT PROPOSING
EXPANSION OF A MINI -STORAGE FACILITY FOR PROPERTY LOCATED AT
8900 MURRAY AVENUE, APN: 835-04-069 (FILE NUMBER CUP 20-01)
WHEREAS, On June 24, 2020 applications were filed by James Goodman and Judy Lee in
behalf if David L. Rasmussen, Manager for ESS Properties 114 LLC proposing a two story storage
building addition on a 4.8 acre site located at 8900 Murray Avenue and within the M1 Limited
Industrial and Murray -Las Animas Avenue Overlay zone district; and
WHEREAS, the application submittals were accepted as complete on December 23, 2020; and
WHEREAS, the project qualifies for an exemption from further environmental review
pursuant to Section 15332 of the California Environmental Quality Act which applies to in -fill
development on less than 5 acres; and
WHEREAS, the Planning Commission held a duly noticed public meeting on February 4,
2021, at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the subject project CUP 20-
01 and associated conditional use permit request AS 20-09; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
p
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby find as follows:
FINDINGS
1. 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
given that it consists of expansion of an existing mini -storage light industrial use, which is
consistent with the Industrial Park General Plan 2040 land use designation, and will not
create noise, traffic or other nuisance impacts to surrounding uses including residences
south of the site and across Llagas Creek.
2. 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.
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Resolution No. 2020-01
Page 2
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby approves CUP 20-01 (20050042), subject to the conditions attached hereto as
Exhibit A.
PASSED AND ADOPTED this 4th day of February by the following roll call vote:
AYES: Bhandal, Fischer, Lewis, Morales -Medina
NOES: Doyle, Lerner, Ridley
ABSTAIN: None
ABSENT: None
ATTEST:
aren L. Gamer, Secretary
APPROVED:
Tom Fis er, Cha
Resolution No. 2020-01
Page3
ATTACHMENT A
STANDARD CONDITIONS OF APPROVAL
CUP 20-01
Note: The following abbreviations identify the City department or division responsible for
determining compliance with these conditions. The first group listed has responsibility for
compliance at plan check, the second confirms compliance with the condition at final inspection,
prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition.
If only one group is identified, they have responsibilities from initial review through compliance
verification. In the context of these Conditions of Approval, the term "Developer" means permit
applicant, property owner, operator, permittee, lessee, and/or tenants using the space(s) for the
intended use(s). Developer shall comply with project conditions for the life of the project.
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works/Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: Conditional Use Permit approval CUP 20-01 (20050042)
is granted for a mini -storage facility expansion consisting of a 30,978 square foot,
two-story self -storage building addition to an existing 71,085 square foot self -
storage facility. The facility includes seven one-story storage buildings, a two-story
storage building, a two-story building at the front of the site containing an 850
square foot office and 1,050 square foot caretaker's quarters with a one -car
garage, and recreational vehicle storage at the northwest corner of the site. The
facility is located on a 4.8-acre property within the M1 Limited Industrial District,
Murray -Las Animas Avenue Overlay Combing District, at 8900 Murray Avenue;
APN: 835-04-069.
Build -out of the project use shall conform to the approved plans associated with
concurrent approval AS 20-09 (20050041), except as otherwise specified in these
conditions. Any future adjustment or modification to the plans shall be considered
by the Community Development Director or designee, may require separate
discretionary approval, and shall conform to all City, State, and Federal
Resolution No. 2020-01
Page 4
requirements, including subsequent City Code requirements or policies adopted
by City Council.
2. APPLICABILITY: The use of the property shall be operated in compliance with
the scope and characteristics of the project approval, as conditioned herein.
Intensification of the approved use shall require an amendment to this Permit or a
new Conditional Use Permit.
3. PERMIT EXPIRATION: The expiration date of this approval is one year from the
decision date, on February 4th 2022, during which time the applicant shall initiate
the use by obtaining all required building permits and then pursuing the project to
completion under a valid (not expired) building permit. If development has not
obtained building permits within one (1) year from the date of notification of
approval, the approval shall expire. Upon application, an extension of time may be
granted by the Community Development Director or designee. Should Developer
intend to request an extension to the permit expiration date, Developer must
submit to the Planning Division a written application with applicable fees prior to
the expiration date. Only timely requests may be considered pursuant to the City
Code.
4. RELATED ENTITLEMENTS: This conditional use permit shall be subject to
ongoing compliance with conditions of approval granted for related Architectural
and Site Review approval AS 20-09 (20050042), which has been granted for the
improvements required for the use to operate.
5. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be
subject to permit revocation or enforcement actions pursuant to the City Code. All
costs associated with any such actions shall be the responsibility of Developer,
owner or tenant.
6. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer's own expense, to defend, indemnify, and hold harmless the City of
Gilroy ("the City") and its officers, contractors, consultants, attorneys, employees
and agents from any and all claim(s), action(s) or proceeding(s) brought against
the City or its officers, contractors, consultants, attorneys, employees, or agents to
challenge, attack, set aside, void or annul the approval of this resolution or any
condition attached thereto or any proceedings, acts or determinations taken,
including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of such resolution that were part of
the approval process.