Resolution No. 2021-04 | Conditional Use Permit 21-01 Proposing an Outdoor Farmers Market APN 835-30-012 | Adopted 06/03/2021RESOLUTION NO. 2021-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING A CONDITIONAL USE PERMIT PROPOSING AN
OUTDOOR FARMERS MARKET WITHIN A 14,980 SQUARE FOOT PORTION
OF THE GILROY PREMIUM OUTLETS, BUILDING C PARKING LOT,
LOCATED AT 681 LEAVESLEY ROAD, APN 835 30 012 (FILE NO. CUP 21-01)
WHEREAS, On February 8, 2021 an application was filed by T&C Farmer's Market
proposing an outdoor farmers market within a 14,980 square foot portion of the Gilroy Premium
Outlets, Building C parking lot, located at 681 Leavesley Road (APN 835 30 012); and
WHEREAS, the application submittals were accepted as complete on March 8, 2021; and
WHEREAS, the project qualifies for an exemption from further environmental review
pursuant to Section 15304 of the California Environmental Quality Act which applies to Minor
Alterations of Land, including but not limited to "minor temporary use of land having negligible or no
permanent effects on the environment, where any temporary effects of a nuisance nature can be
controlled through the use of permits; and
WHEREAS, the Planning Commission held a duly noticed public meeting on June 3, 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 21-01; 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
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:
Staff Analysis: The Gilroy 2040 General Plan land use designation for the subject site is General
Services Commercial. The proposed amendment will carry out the following General Plan goals and
policies:
2040 General Plan Goals and Policies
Staff Analysis
Land Use Goal LU S. Encourage, facilitate, and
support the development of new employment and
industrial uses and retention of existing industry to
ensure compatibility with existing surrounding uses
and planned uses.
Approval of the CUP will create additional
foot traffic for both the existing retail uses
and the farmer's market, given differences
in their established customer base.
Land Use Policy LU 4.10. Outdoor Activities.
Approval of the CUP will establish an
1
Resolution No. 2021-04
Page 2
Encourage outdoor cafes and other outdoor activities
in appropriate commercial areas, especially
Downtown, to create vibrant public spaces and
maximize pedestrian activity.
outdoor market in the parking lot of an
established outlet mall of buildings with
interior retail uses.
Land Use Policy LU 6.2. Local Agriculture
Production, Distribution, and Sale. Encourage
farmers markets, farm stands, and community markets
to support production, distribution, and sale of locally-
grown foods particularly in areas that have vacant or
underutilized lands.
Approval of the CUP meets the explicit
objective of this policy by establishing a
more stable location for a farmer's
market that will support the sale of
locally -grown foods in a parking lot that
was established for the parking of
vehicles.
Economic Prosperity Policy EP 3.1 Promote Gilroy.
Promote Gilroy as a place for business and industry,
capitalizing on the City's location and numerous
amenities, to encourage new businesses to locate here
and to retain existing businesses.
Approval of the CUP will establish a
more stable location for an existing
farmer's market that had previously lost
its lease agreement for a different
location.
Economic Prosperity Policy EP 3.9. Buy Local.
Encourage residents, local businesses, colleges, trade
schools, and community organizations to purchase
goods and services from other local businesses to
support local jobs and to recirculate money within the
local economy.
Approval of the CUP will establish a
stable location where residents and the
local workforce can purchase groceries
and prepared foods.
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:
The proposed farmer's market is an established business in the community and has not previously
caused any damage, hazard, or nuisance to persons or property in the City. The proposed conditions
of approval restrict the use to one day per week in compliance with their lease agreement, require
protective barriers between pedestrians and vehicles, require fire prevention measures, require that all
food vendors comply with the Santa Clara County Department of Environmental Health regulations,
and require adequate trash and recycling containers.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby approves CUP 21-01 allowing operation of an outdoor farmers market within a
14,980 square foot portion of the Gilroy Premium Outlets, Building C parking lot, located at 681
Leavesley Road (APN 835 30 012), subject to the conditions attached hereto as Exhibit A.
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ATTACHMENT A
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project entitlement(s).
1.
APPROVED PROJECT: The approval allowing operation of an outdoor farmers market
within a 14,980 square foot portion of the Gilroy Premium Outlets, Building C parking lot,
located at 681 Leavesley Road (APN 835 30 012), as shown on the Site Plan (highlighted
in orange), dated as received by the Planning Division on February 8, 2021 prepared by
Salvador Ascencio consisting of one sheet. Operation of the farmer's market shall
conform to the site plan, except as otherwise specified in these conditions. Any future
adjustment or modification to the use or site plan shall be considered by the Community
Development Director or designee, may require separate discretionary approval, and shall
conform to all City, State, and Federal requirements, including subsequent City Code
requirements or policies adopted by City Council.
2.
APPLICABILITY OF THIS PERMIT: The use of the property shall be operated in
compliance with the scope and characteristics of the project approval, as further
conditioned herein. Intensification of the approved use shall require an amendment to this
Permit or a new Conditional Use Permit.
3.
COMPLIANCE WITH CONDITIONS: If the applicant fails to comply with any of the
conditions of this permit, the applicant 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 the applicant.
4.
INDEMNIFICATION: Applicant agrees, as a condition of permit approval, at
applicant'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 deteiininations 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.
5.
DAYS/HOURS OF OPERATION: The approved hours of operation are from 8:30 AM
to 8:30 PM on Saturdays, including time for set-up and tear -down. Any proposed change
to the approved hours of operation will require review and approval by the Community
Development Director or designee, and may require a modification to this permit.
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Page 5
6.
SIGNS: No signs are approved as part of this application. Prior to issuance of a sign
permit for this site, the applicant shall propose well -designed, quality signs that comply
with the allowances of the City Code and are to the satisfaction of the Community
Development Director or designee.
The following SPECIAL conditions shall be complied with AT ALL TIMES that the use
permitted by this entitlement occupies the premises.
7.
LEASE AGREEMENT: The farmer's market shall only operate in compliance with the
most current executed lease agreement with Gilroy Premium Outlets, LLC., including but
not limited to the hours, days, and dates of operation, and the location and total area leased
by the applicant.
FIRE DEPARTMENT CONDITIONS
8.
PHYSICAL BARRIERS: The area where people congregate for the farmers' market
shall have means to keep vehicles away from the area. K-Rail type barriers are commonly
used for this purpose.
9.
TENTS: Tents and canopies shall be of sound construction and secured to the parking lot.
Tents with sides 400 square feet and larger or canopies (no sides) with 700 square feet of
area may be required to acquire a tent peiinit from the Fire Marshal's Office. Ca11 408-
846-0436 to discuss.
10.
PROPANE GAS: If propane gas will be used for cooking, the tank is not to be stored
inside the tent. The preference is to have all cooking appliances outside of a tent. The tent
must have a California State Fire Marshal seal indicating that it has been treated with fire
retardant. If shade is desired over a cooking area which cannot be inside a tent, then a non-
combustible covering (e.g. corrugated metal, metal screen) may be used. The appropriate
fire extinguisher shall be available. Most food booths will have a current fire extinguisher
size 2 A 10 BC. Deep frying must be done outside the tent and would need a K Type fire
extinguisher.
11.
FOOD FACILITIES: Temporary food facilities with food preparation requiring hand
washing and dishwashing must have an appropriately sized grey water tank to capture the
water. The tank will be pumped out by a portable toilet service vendor as needed.
12.
FOOD VENDORS: All food vendor shall comply with the Santa Clara County
Department of Environmental Health regulations.
13.
TRASH: Adequate trash and recycling containers shall be provided and distributed around
the event.
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Page 3
PASSED AND ADOPTED this 3rd day of June by the following roll call vote:
AYES: Bhandal, Doyle, Morales Medina, Jezabel Moreno, Fischer
NOES: None
ABSTAIN: None
ABSENT: Lewis, Ridley
ATTEST:
ACL
Karen L. Gamer, Secretary
APPROVED:
Tom Fischer, Chai