Resolution No. 2014-19 | Conditional Use Permit (CUP 14-05) USA Sports | Adopted 12/04/2014RESOLUTION NO: 2014-19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING CUP 14-05, AN
APPLICATION FOR CONDITIONAL USE PERMIT TO
ALLOW A GYMNASTICS FACILITY, 7800 ARROYO
CIRCLE, APN 841-69-024
WHEREAS, USA Sports, submitted application CUP 14-05, requesting approval of
a Conditional Use Permit to allow a gymnastics facility, located at 7800 Arroyo Circle,
Gilroy CA 95020, APN: 841-69-024; and
WHEREAS, the Planning Commission on December 4, 2014 considered the staff
report and all other documentation related to application CUP 14-05; 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 in the office of the
Community Development Department.
NOW THEREFORE IT BE RESOLVED that the Planning Commission does
hereby approve CUP 14-05 subject to the following conditions:
Planning Department Conditions
This permit is granted for the property described in the application on file dated
December 4, 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, applicant 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, parking 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.
7. 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.
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 a civil fine and/or 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 9am — 8pm and
Saturdays from gam to 1:30pm.
b. Program will have no more than 25 students during any given time.
c. There will be no more than 50 people (students, parents and staff) in the
subject space at any given time.
d. Use will be conducted in approximately 13,600 square feet of space.
e. Maximum use of 55 parking spaces.
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. 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 Conditions
13. The applicant shall provide a Fire alarm system if one is not present. This will
consist of horn strobes in the Gym area tied into the water flow devices, and
connection of smoke detectors to the fire alarm panel.
14. The applicant shall ensure that all doors shall swing outward and have panic
hardware A minimum of 2 exits is required. Exit signage shall be per the code and
illuminated.
15. Emergency Egress Lighting shall conform to the code. Gym OLF is typically 50 sq
ft per person a larger OLF can be proposed by the applicant if desired
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 4th day of December, 2014, by the following vote:
YES: (Bannister, Rodriguez, Kloeker, Kai, Gullen, Fischer)
NO: None
ABSTAIN: None
ABSENT: (Sanford)
ATTEST:
Susan L. Martin, Secretary
APPROVED: