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Resolution No. 2015-26 | Conditional Use Permit (CUP 15-02) Approval for Princevalle Pet Hospital Expansion | Adopted 09/03/2015RESOLUTION NO. 2015 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT (CUP 15-02) FOR AN ANIMAL HOSPITAL/VETERINARY CLINIC LOCATED AT 7995 PRINCEVALLE STREET, SUITES 100 AND 110 WITHIN THE C1 NEIGHBORHOOD COMMERCIAL ZONE DISTRICT, APN 799-21-039, FRED FISCHER, APPLICANT WHEREAS, the subject property is located within the C1 Neighborhood Commercial zone district; and WHEREAS, Fred Fischer ("Applicant") submitted CUP 15-02 requesting a Conditional Use Permit for an animal hospital/veterinary clinic; and WHEREAS, the Planning Commission of the City of Gilroy has considered the Conditional Use Permit application (CUP 15-02), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, said Conditional Use Permit application was referred to the Technical Advisory Committee for recommendations on May 28, 2015; and WHEREAS, the Planning Commission finds the Conditional Use Permit 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 1 Resolution NO. 2015-26 being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby grants approval of the Conditional Use Permit application, subject to 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). 1. 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) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. 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. (PL, G-4) 5. This permit shall automatically become null and void should the approved use cease to exist for more than one (1) year and such use shall not be reestablished unless it is authorized under new proceedings. (PL, G-5) 2 Resolution NO. 2015-26 6. 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 may be considered pursuant to the City Code. (PL, G-7) 7. 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) 8. 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) 9. 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) 10.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) 11. 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. (PL/CE, G-14) 3 Resolution NO. 2015-26 PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF GILROY, this 3`d day of September, 2015, by the following vote: YES: Gullen, Fischer, Rodriguez, Sanford, Kloecker, Ashford, Lai NO: None ABSTAIN: None ABSENT: None ATTEST: Susan L. Martin, Secretary APPROVED: Richard Gullen, Chairperson 4