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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. 1 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.