Resolution No. 2020-06 | Conditional Use Permit (CUP 19-01) Bitter Tap House | Adopted 03/12/2020Resolution No. 2020-06
Resolution No. 2020-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING A CONDITIONAL
USE PERMIT (CUP 19-01) TO ALLOW BITTER TAP
HOUSE, TO UTILIZE AN EXISTING 1,988 SQUARE FOOT
BUILDING AS AN INDOOR/OUTDOOR ALCOHOL
CONSUMPTION ESTABLISHMENT IN THE DOWNTOWN
EXPANSION DISTRICT ZONE (DED) AT 7797
MONTEREY RD. (APN 799-03-047).
WHEREAS, Larissa Dickerson, on behalf of Bitter Tap House, submitted CUP 19-01
on November 27, 2019, requesting approval of a Conditional Use Permit to operate an
indoor/outdoor alcohol consumption establishment in an existing approximate 1,988
square foot building; and
WHERAS, the subject property is zoned as Downtown Expansion District; and
WHERAS, an indoor/outdoor alcohol consumption establishment may be permitted
with a Conditional Use Permit within the Downtown Expansion District; and
WHEREAS, said Conditional Use Permit application was referred to the Technical
Committee for recommendations on December 4, 2019; 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 March 12, 2020, 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 19-01), 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:
CUP 19-01
Resolution No. 2020-06
(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.
(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) 19-01 (19110033) (hereinafter "this
permit") is granted for approved plans stamped as "Approved on March 12, 2020"
("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: On -site, indoor/outdoor (designated areas only) alcohol
consumption facility; beer garden.
Business Hours: 0900-1200, subject to ABC license regulations, except for
special events.
Maximum No. of Clients: Fifty (50).
2. This approval is contingent on the approval of Architectural and Site Review permit
AS 19-23 (#19110032) and the approval of Minor Deviation request VMD 20-01
(20010036). Failure to obtain approval for either application will render this permit
automatically void without further action from the City.
3. Except as conditioned by this conditional use permit approval, the use shall be
conducted as described in the application materials submitted for CUP 19-01, 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 19-01
Resolution No. 2020-06
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 12th day of March, 2020, by the following vote:
AYES: COMMISSIONERS: Kim, Fleming, Morales -Medina, Estorga,
Fischer
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTEST:
L�01
VJ,1111111_1�_
Jul Wyrick, Secr t ry
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CUP 19-01