Resolution No. 2015-23 | Conditional Use Permit (CUP 15-01) Dog Care Facility | Adopted 06/04/2015RESOLUTION NO. 2015 - 23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY RECOMMENDING APPROVAL OF
AN AMENDMENT TO A CONDITIONAL USE PERMIT (CUP 07-01) FOR A DOG
CARE FACILITY WITH BOARDING AND KENNEL TRAINING LOCATED AT 8525
FOREST STREET, SUITE D WITHIN THE M-1 LIMITED INDUSTRIAL AREA AND LAS
ANIMAS-MURRAY OVERLAY DISTRICT, APN 835-01-053, SHERY BOYER,
APPLICANT
WHEREAS, the subject property is located within the M-1 Limited Industrial and
Las Animas -Murray overlay district; and
WHEREAS, on July 5, 2007 the Planning Commission of the City of Gilroy
approved a conditional use permit for a dog care facility including boarding, kennel and
training at the subject location; and
WHEREAS, Sherry Boyer, submitted an application requesting a conditional use
permit amendment to an approved use permit application (CUP 07-01); and
WHEREAS, the conditional use permit amendment will clarify that the facility will
not be staffed 24 hours a day and amend the permit to specify that the use is in a
16,000 square foot portion of a larger building whereas the original staff report stated
this portion was a 1,600 square foot portion of a larger building; and
WHEREAS, no other operational changes with the exception of hours the facility
is staffed has occurred since the approval of the use permit CUP 07-01; and
WHEREAS, the subject amendment will include a condition that an existing chain
link fence along the First Street driveway will be removed and replaced with tubular
steel; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
amendment to the approved conditional use permit application CUP 15-01 in
accordance with the Gilroy Zoning Ordinance, and other applicable standards and
regulations; and
WHEREAS, said amendment to the approved conditional use permit application
was referred to the Technical Advisory Committee for recommendations on March 26,
2015; and
Resolution No. 2015-23
Page 2 of 4
WHEREAS, the Planning Commission finds the conditional use permit
amendment conforms to the City's General Plan and elements thereof; and
WHEREAS, no further environmental analysis is required by the California
Environmental Quality Act; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following:
(A) 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.
(B) 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.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby approval of the Conditional Use Permit Amendment to CUP 07-01,
subject to the conditions of CUP 07-01 and with the addition of the following conditions:
GENERAL PROJECT CONDITITIONS
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CE
Code Enforcement
PW
Public Works/Engineering
FD
Fire Department
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
Note: The following abbreviations identify the City department or division responsible for determining compliance
with these standard conditions. Standard permit conditions are labeled with a G (e.g. G-1, G-2).
Resolution No. 2015-23
Page 3 of 4
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,
unless a request is requested and granted by the Planning Manager, pursuant to
the City Code. (PL, G-1)
2. 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 approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council. (PL, G-2)
Developer means permit applicant, property owner, and/or tenants using the
space(s) for the intended use(s). Compliance with project conditions of CUP 07-
01 and conditions herein are expected for the life of the project. (PL, G-4)
4. Failure to appeal this decision in a timely manner or commencement of any
activity related to the project is understood to clarify the applicant's acceptance of
all conditions and obligations imposed by this permit and waiving any challenge
to the validity of the conditions and obligations stated therein. (CA, G-8)
5. 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 its 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. (CA, G-10)
6. 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 to the Planning Manager.
(PL, G-12)
Resolution No. 2015-23
Page 4 of 4
7. 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. (CA, G-13)
PLANNING DIVISION SPECIAL CONDITION
8. The applicant shall replace the existing chain link fence situated along the
driveway of the property, facing Forest Street. This chain link fence will be
replaced with tubular steel which is consistent with the design standards of the
Las Animas -Murray overlay district. Prior to installation, the applicant shall
identify materials, dimensions, colors, and other details of the fence replacement
subject to the discretion of the Planning Manager. (PL)
9. This amendment to CUP 07-01 has been requested to clarify onsite staffing shall
be provided, at minimum, during all times the facility is open to the public.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 4th day of June, 2015, by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
ATTEST:
(Sanford, Kloecker, Gullen, Ashford, Fischer)
(Rodriguez,Lai)
:Dr 4 .
Susan L. Martin, Secretary
APPROVED:
Richard Gullen, Chairperson