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Resolution No. 2022-11 | CUP 22-03 Allow Self-Pour Taproom for Beer/Alcoholic Beverages in Downtown Historic District Zone | Adopted 07/07/2022RESOLUTION NO. 2022-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY APPROVING A CONDITIONAL USE PERMIT (CUP 22-03) (#22040050) TO ALLOW A SELF-POUR TAPROOM FOR BEER/ALCOHOLIC BEVERAGES TO BE LOCATED WITHIN THE DOWNTOWN HISTORIC DISTRICT ZONE (DHD), AT 7499 MONTEREY RD. (APN 799-07-046) WHEREAS, on April 27, 2022, Matthew Gallion, with the consent of the property owner, submitted CUP 22-03, requesting approval of a Conditional Use Permit to operate a self-pour taproom within an existing vacant 3,400 square foot commercial space; and WHEREAS, the subject property is zoned Downtown Historic District, DHD which allows Liquor/Alcohol Sales/Bars for on-site consumption, not within a restaurant or microbrewery, with a Conditional Use Permit; and WHEREAS, the project is not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) of the CEQA Guidelines; and WHEREAS, on July 7, 2022, the City of Gilroy Planning Commission held a duly noticed public hearing where the application materials, staff report, and public testimony were considered; 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 Conditional Use Permit application (CUP 22-03), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the Planning Commission, after due study, deliberation and public hearing, makes the following findings as required pursuant to Gilroy City Code Section 30.50.30(b): (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 self-pour taproom would be located within an existing building that can accommodate the use, and would promote business activity in the downtown as anticipated for the DHD district. (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 use would require a building DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 Resolution No. 2022-11 Page 2 permit for the tenant occupancy, alcohol license from the state, and is not anticipated to have any negative impact of other properties in the vicinity, or cause any damage, hazard or nuisance to persons or property. 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 grants approval of the Conditional Use Permit application, subject to the following conditions: GENERAL CONDITIONS 1. Approval of Conditional Use Permit (CUP) 22-03 is granted for a self-pour taproom for on- site consumption of beer alcoholic beverages, within the 3,400 square foot tenant space at 7499 Monterey Street, subject to obtaining city building permits and making and maintaining all required improvements for the intended occupancy, obtaining and maintaining a valid city business license, and obtaining and maintaining a state alcoholic beverage control license for the on-site consumption of beer beverages. 2. Build-out of the project shall conform to the plans except as otherwise specified in these conditions or required revisions to comply with building codes. Any future adjustment or modification to the use including any expansion, change in use or alcoholic beverage license, 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. BUILDING DIVISION STANDARD CONDITIONS 3. CONDITIONS OF APPROVAL: All conditions of approval shall be included in the construction drawing submitted for a building permit. 4. PRE-CONSTRUCTION MEETING: A pre-construction meeting shall be held at a time and location agreed upon by the City and applicant for the purpose of reviewing conditions of approval, pre-occupancy requirements / temporary certificate of occupancy and construction-site procedures. This meeting shall be held prior to the issuance of any permit issued by the building department. The applicant shall be represented by his design and construction staff, which includes any sub-contractors. Departments having conditions of approval for the project will represent the City. 5. CONSTRUCTION ACTIVITIES: The following provision to control traffic congestion, DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 Resolution No. 2022-11 Page 3 noise, and dust shall be followed during site excavation, grading and construction: Unless otherwise provided for in a validly issued permit or approval, construction activities shall be limited between the hours of seven am and seven pm Monday through Friday and nine am to seven pm on Saturday. 6. PERMIT CARD: The stamped, approved, job copy of the plans and permit card shall be located onsite at all times. 7. TITLE 24:The building(s) covered by this approval shall be designed and constructed to the Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building and both State and Federal accessibility requirements in effect and as amended by the City of Gilroy at the time of building permit submittal. 8. GREEN BUILDING STANDARDS: The building shall be designed to include the green building measures specified as mandatory in the application checklists contained in the California Green Building Standards Code. The applicant shall incorporate the checklist along with a notation on the checklist to specify where the information can be located on the plans, details, or specifications, etc. All measures will be verified by the Building Inspector at final inspection. 9. PORTABLE TOILETS: Portable toilets used during construction shall be emptied on a regular basis as necessary to prevent odor. A containment pan is required under all portable toilets. 10. CONSTRUCTION STORAGE: All construction materials, debris and equipment shall be stored on site. If that is not physically possible, an encroachment permit shall be obtained from the Department of Public Works prior to placing any construction materials, debris, debris boxes or unlicensed equipment in the right-of-way. The placing of portable restroom facilities in the City right-of-way will not be permitted. 11. PLAN MODIFICATIONS: Acceptance of the plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from these accepted plans, the City shall have the authority to require such modifications and shall specify the manner in which the same is to be made. FIRE PREVENTION CONDITIONS 12. The project shall comply with current building & fire codes and standards (current edition is the 2019 California Building and Fire codes with Gilroy amendments). 13. Separate (deferred) permits shall be acquired for all fire protection systems (e.g. fire underground water supply, overhead fire sprinkler system, fire alarm system). DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 Resolution No. 2022-11 Page 4 14. An Encroachment permit shall be applied for with the Gilroy engineering Department for the connection to City utilities (e.g. City water, Citer sewer, etc.). 15. The business shall comply with the conditions for a public assembly (i.e. 50 or more persons inside the building): a. Egress doors shall be readily openable from the inside without the use of key or special knowledge. b. Egress door sall swing in the direction of egress travel. c. Deadbolts or not permitted. The unlatching of any door shall not require more than one operation. d. Exit lights shall be illuminated and shall include emergency egress lighting. e. Exits exit access is exit pathways and exit discharge shall remain free and clear at all times (IE no obstructions or storage within the exit pathways). f. Exit pathways shall not pass through kitchens, storage rooms, closets or other spaces. g. The occupant load shall be posted in a conspicuous location. h. Occupant loads at 300 and above require a full fire alarm system. Those occupied loads under 300 only require a dedicated function fire alarm system. 16. Provide current labeled key copies to be placed inside the existing Fire Department access box (a.k.a. Knox Box) located between 7495 & 7499 Monterey Street. 17. Addressing shall provide larger, more visible numbers in compliance with City standards. 18. Fire Extinguishers – Mount size 2A 10 BC fire extinguishers distributed around the business in a logical and accessible manner. Travel distance not to exceed 75 feet . 19. A dedicated function fire alarm system will be required to monitor the fire sprinkler system and will consist of minimal components (e.g. fire alarm control panel (brain), 1 smoke detector, 1 pull station, and monitoring of all fire sprinkler valves). If the applicant will need assistance with locating a licensed fire alarm contractor, contact Jonathan Crick at 408-846- 0436 and/or Jonathan.crick@cityofgilroy.org . 20. After the construction of the project is complete, the business operator shall have a Gilroy Business License and a Fire Code Operational permit for Public Assembly ($275.00 per year). To be paid during business license processing. 21. Show where trash, recycling, etc. will be stored. DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 Resolution No. 2022-11 Page 5 PASSED AND ADOPTED this 7th day of July, 2022 by the following roll call vote: AYES: Bhandal, Doyle, Elle, Kushner, Leongardt, Lewis, Moreno NOES: None ABSENT: None _________________________________ ______________________________ Jon Biggs, Secretary Many Bandhal, Chairperson DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 7/14/20227/14/2022