Resolution No. 2022-06 | CUP 22-01 Permit Alcohol Sales 211 First Street | Adopted 04/07/2022RESOLUTION NO. 2022-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING CONDITIONAL USE PERMIT APPLICATION CUP 22-
01, TO PERMIT ALCOHOL SALES (FOR OFFSITE CONSUMPTION) WITHIN
THE NEIGHBORHOOD COMMERCIAL (C1) ZONING DISTRICT LOCATED
AT 211 FIRST ST., APN 790-35-029, FILLED BY ARTURO LEDEZMA.
WHEREAS, on February 09, 2022, Arturo Ledezma submitted an application requesting
approval of Conditional Use Permit application CUP 22-01 to allow the sale of alcohol for offsite
consumption, within an existing 10,201 square foot grocery store located within the
Neighborhood Commercial (C1) zoning district at 211 First St. APN 790-35-029, owned by
Ronald Gurries; and
and
WHEREAS, on March 10, 2022, the application was accepted as complete for processing;
WHERAS, the subject property is zoned as Neighborhood Commercial (C1); and
WHERAS, alcohol sales for offsite consumption may be permitted with a Conditional Use
Permit within the Neighborhood Commercial zoning 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 April 7, 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 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 March 24, 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:
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
CUP 22-01
Resolution No. 2022-xx
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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 22-01 subject to the following
conditions:
GENERAL PROJECT CONDTIONS
1. This approval permits ancillary sale of beer and wine products as part of the existing
10,201 square foot grocery store, contingent upon issuance of a Type-20 license from the
California Department of Alcohol and Beverage Control (ABC).
PASSED AND ADOPTED this 7th day of April 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Jon B
Bhandal, Kushner, Doyle, Lewis, Moreno and Elle
mmunity Development Director Manny Bhandal, Chairperson