Resolution No. 2019-01 | Conditional Use Permit (CUP 18-02) Baptist Church to Utilize as a Daycare Facility at 8455 Wren Ave | Adopted 02/07/2019Resolution No. 2019-01
Resolution No. 2019-01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING A CONDITIONAL
USE PERMIT (CUP 18-02) TO ALLOW THE FIRST
BAPTIST CHURCH OF GILROY, INC., TO UTILIZE AN
EXISTING 8,400 S.F. BUILDING AS A DAYCARE
FACILITY IN THE SINGLE FAMILY RESIDENTIAL ZONE
(R-1) AT 8455 WREN AVENUE. (APN 790-20-076)
WHEREAS, Grant Bennett, on behalf of First Baptist Church of Gilroy, Inc.,
submitted CUP 18-04 on July 30, 2018, requesting approval of a Conditional Use Permit
to operate a daycare facility in an existing approximate 8,400 square foot building; and
WHERAS, the subject property is zoned as Single Family Residential, R1; and
WHERAS, daycare facility use is permitted with a Conditional Use Permit within the
R1 Single Family Residential zone district; and
WHEREAS, said Conditional Use Permit application was referred to the Technical
Committee for recommendations on September 13, 2018; and
WHEREAS, no further environmental analysis is required by the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the
CEQA Guidelines; and
WHEREAS, on February 7, 2019, the City of Gilroy Planning Commission held a
duly noticed public hearing where the application materials, staff report, and public
testimony were considered; 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
official of the Community Development Department; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Conditional Use Permit application (CUP 18-02), in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, the Planning Commission finds the Conditional Use Permit conforms. to
the City's General Plan and elements thereof; 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 uses and to transportation and service
facilities in the vicinity.
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CUP 18-02
Resolution No. 2019-01
(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.
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 CONDITIONS
1. Approval of Conditional Use Permit (CUP) 18-02 (18070065) (hereinafter "this
permit") is granted for approved plans stamped as "Approved on December 20,
2018" ("the plans") on file with the Planning Division. Build -out of the project shall
conform to the plans, except as otherwise specified in these conditions. Any future
adjustment or modification to the plans shall be considered by the Community
Development Director or designee, may require separate discretionary approval,
and shall conform to all City, State, and Federal requirements, including
subsequent City Code requirements or policies adopted by City Council. (PL, G-1)
Allowed uses: Childcare Facility for children ages 2 through 6 years
Business Hours: Monday through Friday, 6:30am to 6:30pm
Maximum No. of Employees: Seven (7)
Maximum No. of Children: Sixty (60).
Minimum parking provided: 21 spaces (including adequate ADA-compliant
stalls)
2. The Church shall allow only events that would not exceed the available parking
supply, (e.g., generate 84 cars or fewer) during the hours the daycare center is in
operation. If the City determines that parking is inadequate to accommodate both
church and daycare uses, the Church will be required to develop the open field on
the west side of their site with parking that meets City standards.
3. Except as conditioned by this conditional use permit approval, the use shall be
conducted as described in the application materials submitted for CUP 18-02, on
file at the Community Development Department. Failure to comply with the terms
of this Conditional Use Permit may result in its revocation, subject to the review of
the Planning Commission.
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CUP 18-02
Resolution No. 2019-01
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 7th day of February, 2019, by the following vote:
AYES: COMMISSIONERS: Armendariz, Kim, Fleming, Rudeen, Estorga,
Rodriguez, Fisher
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Sue O'Strander, Secretary
APPROVED:
Tom Fischer, Chair
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