Resolution No. 2015-24 | Conditional Use Permit (CUP 14-04) Revocation of Approval for Auto Repair Use | Adopted 07/02/2015RESOLUTION NO: 2015-24
A RESOULTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY REVOKING CONDITIONAL USE
PERMIT CUP 14-04, AN APPROVAL TO ALLOW RE-
ESTABLISHMENT OF AN AUTOMOBILE REPAIR USE
WHEREAS, Rolando Barroso submitted application CUP 14-04 requesting
Conditional Use Permit approval to allow for the re-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 Planning Commission approved Conditional Use Permit
application CUP 14-04 at its March 5, 2015 meeting, subject to certain conditions
contained in Planning Commission Resolution 2015-10, and
Resolution 2015-24
Page 2 of 3
WHEREAS, Conditions 4, 5, 11, 14 and 15 of Planning Commission Resolution
2015-10 required the business owner to replace the monument sign faces by March 19,
2015, to remove the gasoline pump islands and canopy by April 5, 2015, to submit
plans for site improvements by May 5, 2015, and to remove the underground fuel
storage tanks by June 11, 2015 and provided that should those actions not occur by the
prescribed dates a public hearing for revocation of CUP 14-04 would be scheduled, and
WHEREAS, none of the actions required by Conditions 4, 11, 14 and 15 were
completed by required due dates, and
WHEREAS, the Planning Commission conducted a duly noticed public hearing
on July 2, 2015 to consider modification of the conditions of approval, addition of
conditions of approval and revocation of the approval of CUP 14-04, and
WHEREAS, on July 2, 2015 the Planning Commission received testimony from
the business owner on the status of compliance with conditions of approval and other
information regarding the use of the property, and
WHEREAS, the Planning Commission finds that, due to the lack of compliance
with the conditions of approval of CUP 14-04, the automobile repair use is not properly
located in relation to the General Plan and to the community as a whole and to other
land uses in the vicinity and will adversely affect other property in the vicinity and cause
nuisance to persons and property; and
WHEREAS, the location and custodian of the documents and other material
which constitute the record of proceedings upon which this revocation is based is the
office of the Community Development Department.
Resolution 2015-24
Page 3 of 3
NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION
DOES HEREBY REVOKE THE APPROVAL OF CUP 14-04 GRANTED BY
RESOLUTION 2015-10.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, THIS 2ND DAY OF JULY, 2015, BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS: Fischer, Lai, Rodriguez, Sanford
NOES: COMMISSIONERS: Ashford, Kloecker
ABSENT: COMMISSIONERS: Gullen
ATTEST: APPROVED:
David BLqcoff, cr tary Sue Rodriguez ' e irperson