Resolution No. 2022-07 | CUP 22-02 Permit Alcohol Sales Downtown Historic District 7534 Gourmet Alley | Adopted 06/02/2022
RESOLUTION NO. 2022-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
APPROVING CONDITIONAL USE PERMIT APPLICATION CUP 22-02, TO
PERMIT ALCOHOL SALES (FOR ON-SITE CONSUMPTION) WITHIN THE
DOWNTOWN HISTORIC DISTRICT (DHD) LOCATED AT 7534 GOURMET
ALLEY, APN 799-06-049.
WHEREAS, on April 5, 2022, Linda Hinkle submitted an application requesting approval
of Conditional Use Permit application CUP 22-02 to allow the sale of alcohol (beer and wine) for
on-site consumption, within an existing 10,768 square foot two-story building located within the
Downtown Historic District (DHD) at 7534 Gourmet Alley (APN 799-06-049), owned by Jose
Montes; and
WHEREAS, on May 6, 2022, the application was accepted as complete for processing;
and
WHERAS, the subject property is zoned as Downtown Historic District; and
WHERAS, alcohol sales for on-site consumption may be permitted with a Conditional Use
Permit within the Downtown Historic 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 June 2, 2022, at a duly noticed public hearing the planning commission of the
city of Gilroy considered the project 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 June 2, 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:
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Resolution No. 2022-07, CUP 22-02
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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 Type
41 License from the California Department of Alcoholic Beverage Control (ABC).
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 22-02 subject to the following conditions:
PROJECT CONDITIONS
1. This approval is contingent on approval of a building permit from the City of Gilroy,
including but not limited to minimum number of exits and width of exits, accessibility
requirements, and occupancy limitations both inside the building and outside the building
(e.g., rooftop deck).
2. This approval is contingent on the approval of a Type-41 license from the California
Department of Alcohol and Beverage Control (ABC).
3. This approval is contingent on approval of a health permit from the Santa Clara County
Department of Environmental Health.
PASSED AND ADOPTED this 2nd day of June 2022 by the following roll call vote:
AYES: Bhandal, Elle, Kushner, Lewis
NOES: None
ABSENT: Doyle, Leongardt, Moreno
ABSTAIN: None
ATTEST: APPROVED:
_________________________________ __________________________________
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Jon Biggs, Secretary Manny Bhandal, Chairperson
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