Resolution No. 2019-05 | Conditional Use Permit (CUP 18-05) Sumano's Bakery, LLC occupy S.F. Building as a Commercial Bakery | Adopted 04/04/2019Resolution No. 2019-05
Resolution No. 2019-05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING A CONDITIONAL
USE PERMIT (CUP 18-05) (#18100024) TO ALLOW
SUMANO'S BAKERY, LLC., TO OCCUPY AN EXISTING
±23,000 S.F. BUILDING AS A COMMERCIAL BAKERY
WITH ANCILLARY RETAIL IN THE DOWNTOWN
EXPANSION DISTRICT ZONE (DED) AT 7050
MONTEREY RD. (APNs 841-14-001, -002 AND -056)
WHEREAS, on October 9, 2018, Brian Spector, on behalf of Sumano's Bakery,
LLC., submitted CUP 18-05, requesting approval of a Conditional Use Permit to operate
a commercial bakery and ancillary retail component in an existing approximate 23,000
square foot building; and
WHEREAS, in conjunction with said CUP the applicant also submitted application for
Architectural and Site Review AS 18-26; and
WHEREAS, the subject property is zoned Downtown Expansion District, DED which
allows a commercial bakery use with a Conditional Use Permit, provided that there is a
prominent ancillary retail component; and
WHEREAS, the Conditional Use Permit application was referred to the Technical
Advisory Committee (inter -departmental and intra-agency review) for recommendations
on October 25, 2018 and February 28, 2019; and
WHEREAS, the project is not subject to further environmental review under the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15301 (Existing Facilities) of the CEQA Guidelines; and
WHEREAS, on April 4 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 18-05), 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
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Resolution No. 2019-05
WHEREAS, the Planning Commission, after due study, deliberation and public
hearing, makes the following findings as required pursuant to Gilroy City Code Section
30.50.30(b):
(A) 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 given that the proposed bakery would be located within an
existing building that is improved with a parking lot and landscaping, the project
site is currently part of the fabric of downtown and approval of this CUP would
guarantee that the building, landscaping and parking be upgraded to current
standards. The proposed use would be compatible with the surrounding uses.
Additionally, the site had adequate access to the roadway and existing city
services. This project is consistent with this standard.
(B) 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 given that The new bakery
and retail operation is not anticipated to have any negative impact of other
properties in the vicinity, or cause any damage, hazard or nuisance to persons or
property. This project is consistent with this standard.
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)18-05 (#18100024) (hereinafter "this
permit") is granted for a commercial bakery with a minimum 317 square foot
ancillary retail use operated at a minimum of forty (40) hours per week, during
normal daytime business hours, contingent on approval of the plans (hereinafter
"the plans") submitted with Architectural and Site Review application AS 18-26 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)
2. Retail component must be in operation for the duration of this permit. Any
proposed modification to the days and hours of the use shall be subject to review
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Resolution No. 2019-05
and approval by the Planning Director in order to ensure the changes would
remain in compliance with this approval and the intent of the DED district.
3. Except as conditioned by this conditional use permit approval, the use shall be
conducted as described in the application materials submitted for CUP 18-05, 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.
4. Prior to issuance of a building permit the applicant shall obtain approval of AS18-
26 for the related site and building improvements required for the use to operate.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 4th day of April, 2019, by the following vote:
AYES: COMMISSIONERS: Estorga, Armendariz, Fleming, Kim, Rodriguez,
Rudeen and Fischer
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Sue O'Strander, Secretary
CUP 18-05