Resolution No. 2015-10 | Conditional Use Permit (CUP 14-04) Automobile Repair Use | Adopted 03/05/2015RESOLUTION NO: 2015-10
A RESOULTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING CUP 14-04, AN
APPLICATION FOR CONDITIONAL USE PERMIT
APPROVAL OF AN AUTOMOBILE REPAIR USE
LOCATED AT 8385 MONTEREY STREET
WHEREAS, Rolando Barroso submitted application CUP 14-04 requesting
Conditional Use Permit approval to allow for establishment of an automobile repair
facility in the GD Gateway District, located at 8385 Monterey St., Gilroy CA 95020.
APN: 790-36-032; and
WHEREAS, the Planning Commission on March 5, 2015 considered the staff
report dated March 5, 2015 ("Staff Report"), public comment, and all other
documentation related to application CUP 14-04 at a duly noticed public hearing; and
WHEREAS, Section 50.32 (b) of the City of Gilroy Zoning Ordinance 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 automobile repair 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
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 March 5, 2015 staff report; and
WHEREAS, the California Environmental Quality Act ("CEQA") 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 is
the office of the Community Development Department.
Resolution 2015-10
Page 2 of 2
F,
NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION DOES
APPROVE CUP 14-04 SUBJECT TO THE CONDITIONS OF APPROVAL CONTAINED
WITHIN EXHIBIT A, "CUP 14-04 CONDITIONS OF APPROVAL" AND ATTACHED
HERETO:
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 5th day of March, 2015, by the following vote:
YES: COMMISSIONERS Kloecker, Fischer, Sanford, Lai, Ashford, Rodriguez, Gullen
NO: none
ABSENT: none
ATTEST:
APPROVED:
Susan L. Martin, Secretary Richard Gullen, Chairperson
EXHIBIT A
PLANNING COMMISSION RESOLUTION 2015-10
CONDITIONAL USE PERMIT APPLICATION 14-04
CONDITIONS OF APPROVAL
Planning Division
1. Operation of the use shall be consistent with the Statement of Use submitted with
the application, except as noted below and include the following:
• Auto repair services at the site will include oil change and lube, brake
repair and replacement, tire sales and installation, smog checks and other
minor repairs required to maintain a vehicle in good operating condition.
The services will not include body work or painting, heavy transmission
work or engine rebuilds.
• Few, if any, vehicles would be stored on the site overnight.
• Hours of operation for auto repair would be limited to 7:00 a.m. to 7:00 p.m.
• Cars waiting for service and vehicles stored overnight shall only be parked
in designated parking spaces.
2. All repair services shall be conducted within the service bays of the building.
3. Should it be determined subsequent to the commencement of the use that noise,
odors or fumes have created a nuisance that adversely affects other uses in the
area, the Planning Commission may schedule a public hearing on this matter and
take appropriate action to eliminate the nuisance.
4. Within 30 days of the Planning Commission approval of this application, the
applicant shall have removed the gasoline pump islands and the canopy over one
of the islands. If this condition is not satisfied, staff is directed to schedule a
public hearing for revocation of this conditional use permit at the next possible
Planning Commission meeting.
5. Within 60 days of the Planning Commission approval of this application, the
applicant shall submit revised plans to the Planning Division which include the
following:
a. The landscaped area adjacent to Welburn Ave. shall be increased in width
from a minimum of 12 feet at its northern end (south of the driveway) to 24
feet where it intersects the landscaped area adjacent to Monterey St.
b. The landscaped area adjacent to Monterey St. shall be increased in width
to 30 feet with the exception of the area needed for the provision of two
parallel parking spaces along the western boundary of this landscaped
area.
c. The landscaped area adjacent to the western property line shall be
increased in length to 45 feet and shall have a minimum width of 5 feet for
its entire length.
d. Berming of the landscaped area shall be provided adjacent to Monterey St.
and the southern portion of the Welburn frontage.
e. A revised planting plan that includes all 15-gallon or larger trees and 5-
gallon size shrubs. The plan shall be designed so that the plant materials
used will screen the parking area within three years of installation.
Planning Commission Resolution 2015-15
Exhibit A
Page 2
f. If the planting area exceeds 2,500 square feet in area, the plan shall meet
the standards of Section 30.38.50 of the Zoning Ordinance
g. An automatic irrigation system
h. The proposed color scheme for the building and trash enclosure
i. Any signage proposed for the property
j. Removal of the outdated parking lot lighting along the southern and
western property boundaries.
k. Use of the modular building attached to the western side of the primary
building for storage purposes only.
If this condition is not satisfied, staff is directed to schedule a public hearing for
revocation of this conditional use permit at the next possible Planning
Commission meeting.
6. All improvements identified on the project plans and the improvements identified
in conditions 4 and 5 of this resolution shall be installed within six months of
Planning Commission approval of this application. If all improvements are not
installed by that date, staff is directed to schedule a public hearing for revocation
of this conditional use permit at the next possible Planning Commission meeting.
7. All backflow devices shall be painted an earth tone color, so that they blend with
their surroundings and shall be heavily landscaped.
8. Mechanical Appurtenances: Mechanical equipment and structural members to be
located on the roof of any building shall be screened by an architectural feature of
the building, such that it cannot be seen from ground level at the far side of the
adjacent public right-of-way, subject to review and approval by the Planning
Division prior to its installation.
9. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed
outward from the site toward any residential use or public right-of-way. Plans for
exterior lighting shall be submitted to and approved by the Planning Division prior
to issuance of a building permit.
10.Applicant shall work with Planning Division staff to reach mutual agreement on the
landscaping plans.
11. Applicant shall remove monument sign faces and replace them with blank faces
within two (2) weeks of Planning Commission approval of this application.
Fire Marshal
12.All buildings and tenants shall have Model 3201 KNOX boxes installed at each
tenant's main entry. All Locked gates shall be provided with KNOX access.
13. No LPG tanks allowed at this location. Propane exchange allowed only with
permit application and approval by Fire Marshal.
14.AII buildings to comply with building codes for use. Any additions that were not
authorized under a building permit, or that are not used in accordance with issued
permits shall be brought to codes with a permit or removed within 60 days of
Planning Commission approval of this application.
15.Applicant shall obtain permits for removal of underground storage tanks by April
11, 2015 and shall complete such removal of tanks by June 11, 2015, or as
otherwise required by the State Fire Marshal.
Planning Commission Resolution 2015-15
Exhibit A
Page 3
16. Provide Compliance with State Underground Fuel Tank Regulations and pay fees
( those owed as well as current)
17. Provide Compliance with Hazardous Materials & Hazardous Waste Permit
requirements and pay fees. ( those owed as well as current)
18.All vehicle maintenance or repair operations shall be done under a covered area.
19. No vehicle washing or parts washing with waste water generation without
submitting plans and obtaining a Pretreatment Permit.