Resolution No. 2014-08 | Conditional Use Permit (CUP 14-02) Adult Business | Adopted 06/05/2014RESOLUTION NO: 2014-08
A RESOULTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING CUP 14-02, AN
APPLICATION FOR CONDITIONAL USE PERMIT
APPROVAL TO ALLOW AN ADULT BUSINESS IN THE
C-3 SHOPPING CENTER COMMERCIAL ZONING
DISTRICT
WHEREAS, Justine Overmyer submitted application CUP 14-02 requesting
Conditional Use Permit approval to allow for the establishment of an adult business in
the C-3 Shopping Center Commercial zoning district, located at 8660 San Ysidro Ave.,
Gilroy CA 95020. APN: 835-04-076; and
WHEREAS, the Planning Commission on June 5, 2014 considered the staff
report dated June 5, 2014 ("Staff Report"), public comment, and all other documentation
related to application CUP 14-02 at a duly noticed public hearing; and
WHEREAS, Section 30.28 of the Gilroy City Code requires the Planning
Commission to deny applications for adult businesses if the evidence presented at the
hearing is such to establish that the proposed use does not comply with city, county,
state or federal laws, that the application does not include the required information
needed for processing or that there has been a prior revocation or denial of a CUP
application by the applicant for an adult business within the past year; and
WHEREAS, the Planning Commission determined that none of the conditions
which would necessitate denial of the application were found to exist; and
WHEREAS, Section 30.50.30 of the Gilroy City Code requires that the Planning
Commission review Conditional Use Permit applications and allows the Planning
Commission to issue Conditional Use Permit approval if the evidence presented at the
hearing is such as to establish that 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, and that 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; and
WHEREAS, the Planning Commission determined that the adult business 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, and that the
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 as described in the June 5, 2014 staff report; and
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WHEREAS, the California Environmental Quality Act ("CEQX) provides a
categorical exemption for existing facilities pursuant to CEQA Guidelines Section
15301, which applies to this Project; 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 in
the office of the Community Development Department.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does
hereby approve CUP 14-02 subject to the following conditions:
1. This permit is granted for the property described in the application on file with the
Planning Division and may not be transferred from one property to another.
2. Operation of the use shall be consistent with the Statement of Use submitted with
the application and include the following:
• Retail sales. No other activity defined under Sections 2A or 30.28 of the
City Code as an adult business shall be permitted without prior approval of
the Planning Commission.
• Hours of operation shall be limited 11:00 a.m. to 8:00 p.m. Monday
through Thursday, 11:00 a.m. to 9:00 p.m. Friday and Saturday and 12:00
p.m. to 6:00 p.m. Sunday.
Minor amendments to the hours of operation or other aspects of the use may be
approved by the Planning Manager. Major amendments to the use including
provision of additional activities and/or services may only be approved by
modification of the conditional use permit and approved by the Planning
Commission.
3. This conditional use permit shall be valid for three years and expire on June 5,
2017. The permit may be renewed upon written application to the Planning
Commission made at least thirty (30) calendar days prior to the expiration date.
4. Advertisements, displays or other promotional materials depicting or describing
"specified anatomical areas" or "specified sexual activities' or displaying
instruments, devices or paraphernalia which are designed for use in connection
with "specified sexual activities" shall not be shown or exhibited so as to be
visible from areas open to the general public.
5. All building openings, entries and windows shall be located, covered or screened
in such a manner as to prevent a view into the interior of the business from any
area open to the general public, to the approval of the Planning Manager and
Police Chief.
6. All entrances to the business shall be clearly and legibly posted by a notice
indicating that minors are prohibited from entering the premises.
7. No loudspeakers or sound equipment shall be used for the amplification of sound
to a level discernible by the public beyond the walls of the building in which the
adult business is conducted.
An on -site security program, including required interior and exterior lighting
plans, shall be prepared and implemented. The security program shall include
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the presence of an on -site manager during all business hours. Said program
shall be submitted to and approved by the Chief of Police within 30 days of this
approval.
9. All off-street parking areas and building entries serving the adult business shall
be illuminated during all hours of operation with a lighting system designed to
provide a minimum maintained horizontal illumination of greater than one (1) foot
candle light on the parking surface and/or walkway. This requirement shall only
apply within a radius of one hundred (100) feet from any entrance to the adult
business.
10.All interior portions of the adult business shall be illuminated during all hours of
operation with a lighting system designed to provide a minimum maintained
horizontal illumination of not less than two (2) foot candles of light at the floor.
11. All exterior areas of the adult business, including the building, landscaping and
parking area, shall be maintained in a clean and orderly manner.
12. Failure to comply with the conditions of this approval may result in
reconsideration of the approval by the Planning Commission and possible
revocation of the conditional use permit.
13. Applicant agrees, as a condition of adoption of this resolution, and at his/her own
expense, to defend and hold harmless the City and its agents, officers and
employees from and against any claim, action or proceeding to attack, review,
set aside, void or annul the approval of the resolution or any condition attached
thereto or any proceedings, acts or determinations taken, done or made prior to
the approval of such resolution that were part of the approval process.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 5th day of June, 2014, by the following vote:
AYES: Commissioners Bannister, Fischer, Gullen, Kloecker, Lai, Rodriguez,
Sanford
NOES: none
ABSTAIN: none
ABSENT: none
ATTEST:
Susan L. Martin, Secretary
APPROVED: