Resolution No. 2022-03 | CUP 21-03 Permit Alcohol Sales 6945 Monterey Rd | Adopted 02/03/2022AS 18-27
RESOLUTION NO. 2022-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING CONDITIONAL USE PERMIT APPLICATION CUP 21-
03, TO PERMIT ALCOHOL SALES (FOR OFFSITE CONSUMPTIONS)
WITHIN THE DOWNTOWN EXPANSION DISTRICT (DED) LOCATED AT
6945 MONTEREY RD., APN 799-34-038, FILLED BY ISMAEL TORRES.
WHEREAS, on November 23, 2021, Ismael Torres submitted an application
requesting approval of Conditional Use Permit application CUP 21-03 to allow the sale of
alcohol for offsite consumption, within an existing 1,400 square foot butcher shop located
within the Downtown Expansion District (DED) at 6945 Monterey Rd. APN 79-34-043,
owned by Dela Torre Properties, LLC; and
WHEREAS, on December 13, 2021, the application was accepted as complete for
processing; and
WHERAS, the subject property is zoned as Downtown Expansion District; and
WHERAS, alcohol sales for offsite consumption may be permitted with a
Conditional Use Permit within the Downtown Expansion District; and
WHEREAS, the project has been determined to be exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15301 which applies to projects involving “Existing Facilities” involving negligible or no
expansion of existing use; and
WHEREAS, the project plans have been referred to various city departments,
including the Technical Advisory Committee, for recommendations and plan revisions or
conditions have been incorporated into the project to ensure compliance with City
standards; and
WHEREAS, on February 3, 2022, at a duly noticed public hearing the planning
commission of the city of Gilroy considered the project environmental determination in
accordance with the Gilroy Zoning Ordinance and applicable Downtown Specific Plan
policies; and
WHEREAS, the location and custodian of the documents and other material which
constitute the record of proceedings upon which this Project approval is based is the official
of the Community Development Department; and
WHEREAS, the planning commission of the city of Gilroy has considered the project
staff report dated January 17, 2022 along with testimony received at the duly-noticed public
hearing and other materials; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following:
Resolution No. 2022-03
Page 2
A. The proposed use is properly located in relation to the general plan and to the
community as a whole and to other uses and to transportation and service facilities in
the vicinity given that the use would be located in an established commercial building
and the use would not result in an expansion that would require additional services.
B. 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 given that the applicant would
be required to obtain an ABC Type 20 License from the State.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby approves Conditional Use Permit application CUP 21-03 subject to the
following conditions:
GENERAL PROJECT CONDTIONS
1. This approval allows off-sale alcoholic beverage sales ancillary to the primary
Milo’s meat market use of the site, subject to grant of a Type-20 license from the
California Department of Alcohol and Beverage Control (ABC).
2. Any change to this approval shall require subsequent review and approval by the
Community Development Director to ensure compliance with this CUP and City
Code.
PASSED AND ADOPTED this 3rd day of February 2022 by the following roll call vote:
AYES: Fischer, Lewis, Bhandal, Jezabel Moreno, Elle
NOES: None
ABSENT: Doyle, Ridley
ATTEST: APPROVED:
_____________________________ ______________________________
Kraig Tambornini, Senior Planner Tom Fischer, Chairperson
Tom Fischer (Feb 4, 2022 15:24 PST)