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Resolution No. 2014-13 | Conditional Use Permit (CUP 14-01) Private School for Grades 7 through 12 in Downtown Historic District | Adopted 08/07/2014RESOLUTION NO: 2014-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY APPROVING CUP 14-01, AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW A PRI VATE SCHOOL FOR GRADES 7 THROUGH 12 ON THE FIRST FLOOR IN THE DOWNTOWN HISTORIC DISTRICT WHEREAS, Pacific Point Christian, submitted application CUP 14-01, requesting approval of a Conditional Use Permit to allow a private school for grades 7 through 12 on the first floor in the Downtown Historic District, located at 7652 Monterey Street, Gilroy CA 95020, APN: 841-04-013; and WHEREAS, the Planning Commission on August 7, 2014 considered the staff report and all other documentation related to application CUP 14-01; and WHEREAS, Section 30.50.030 of the Zoning Ordinance, requires that the Planning Commission review and may issue Conditional Use Permit approval for said private school use to locate on the first floor of a building in the Downtown Historic District if it complies with all conditions upon which approval is made contingent and will not adversely affect other property in the vicinity or cause and damage, hazard, or nuisance to persons or property; and WHEREAS, Section 30.50.030 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 California Environmental Quality Act ("CEQA") provides a categorical exemption for existing facilities with negligible or no expansion of the existing use 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 is the office of the Community Development Department. NOW THEREFORE IT BE RESOLVED that the Planning Commission does hereby approve CUP 14-01 subject to the following conditions: 1 Planning Department Conditions This permit is granted for the property described in the application on file dated September 7, 2012 with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Director, pursuant to the City Code. This permit is granted for approved plans ("the plans') on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the plans shall be considered pursuant to City Code requirements or policies adopted by City Council. 3. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. 4. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests shall be considered pursuant to the City Code. 5. By commencing any activity related to the project or using any structure authorized by this permit, Developer accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. Any proposed change in curriculum that impacts site layout or usage will be subject to additional subsequent Planning Division review. 6. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the -approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with any required fees to the Planning Manager. 8. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. 9. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. 10. Operation of the use shall be consistent with the Statement of Use submitted with the application and include the following: a. Program will be in operation Monday through Friday from 8-5pm. b. Program will have no more than 50 students during any given time. c. Use of approximately 1,500 square feet of space 11. Prior to placement of any signs or advertisements onsite, applicant shall adhere to City Signage regulations. Advertisements, displays or any signage will be in accordance with the signage regulations in Gilroy City Code. 12. The property owner shall ensure that all exterior areas of the building including landscaping and parking areas are kept in a clean, orderly manner. 13. 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. Fire/Building Conditions 14. Prior to use of the classrooms by Pacific Point shall apply for a Building Permit. If said permit will include the existing occupancy type and the proposed occupancy type for the proposed school use. PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF GILROY, this 7th day of August, 2014, by the following vote: YES: (Bannister, Lai, Gullen, Kloecker, Sanford, Rodriguez, Fischer) NO: None ABSTAIN: None ABSENT: None ATTEST: Swc:-J�— Susan L. Martin, Secretary APPROVED: