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
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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)
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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)
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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
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