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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 Resolution 2014-08 Page 2 of 3 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 Resolution 2014-08 Page 3 of 3 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: