Resolution No. 2016-03 | Conditional Use Permit (CUP 15-06) Fitness Facility to Operate at 8840 Muraoka Drive | Adopted 01/07/2016RESOLUTION NO: 2016-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF GILROY APPROVING A CONDITIONAL USE PERMIT (CUP
15-06) TO ALLOW A FITNESS FACILITY TO OPERATE AT 8840
MURAOKA DRIVE WITHIN THE M1 LIMITED INDUSTRIAL ZONE
DISTRICT (APN 835-31-009).
WHEREAS, CrossFit Gilroy, submitted application CUP 15-06, requesting approval of
a Conditional Use Permit to operate a fitness facility in approximately 4,000 square feet of an
approximately 10,000 square foot building in the M1 Limited Industrial zone district, located at
8840 Muraoka Drive, Gilroy, Ca.; and
WHEREAS, a previous CUP (CUP # 08-11) allowed a children's gymnastics and
tumbling gymnasium since January, 2009 on the subject site. Approximately 1 year ago, the
gymnastics stopped its business, and the conditions from the previous CUP cannot
accommodate the proposed fitness center use.
WHEREAS, the conditions of approval limit the hours of operation of the fitness facility,
limit the number of students and staff within the facility, and prohibit outdoor operations at the
facility; and
WHEREAS, as conditioned, parking can be accommodated amongst three tenants on
the subject site including a fitness facility, storage, and a contractor's yard; and
WHEREAS, as conditioned, additional parking is available on -site to allow for some
flexibility in re -tenanting the current storage tenant space to a more parking -intensive Light
Industrial use; and
WHEREAS, as conditioned, it is not anticipated that the proposed use will adversely
impact surrounding or nearby uses; and
WHEREAS, said Conditional Use Permit application was referred to the Technical
Advisory Committee for recommendations on December 10, 2015; and
WHEREAS, the project is found Categorically Exempt and 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 January 7, 2016, the Planning Commission held a duly noticed public
hearing where the application materials, staff report, and public testimony were considered;
and
Resolution No. 2016-03
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 office of
the Community Development Department.
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
being a reasonable manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general.
NOW THEREFORE, IT BE RESOLVED that the Planning Commission of the City of
Gilroy hereby grants approval if the Conditional Use Permit application, subject to the
following conditions:
STANDARD CONDITIONS OF APPROVAL
FOR LAND USE PERMITS
Note: The following abbreviations identify the City department or division responsible for determining compliance with
these standard conditions. The first group listed has responsibility for compliance at plan check, the second
confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of
occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial
review through compliance verification. Internal information shown in italics at the end of each condition provides
internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from
environmental documents (e.g. MND-S2).
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
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Resolution No. 2016-03
General Project Conditions
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 or uses
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 or upon expiration of the conditional use permit, which ever occurs first.
(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 building permits are not received within the time frame,
this permit shall automatically become null and void. (PL, G-4)
5. 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)
6. The developer/applicant agrees that failure to appeal this decision in a timely manner
or commencement of any activity related to the project is understood to clarify the
Developer'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)
7. 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 it's 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)
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Resolution No. 2016-03
8. 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, together with the required fees for
recordation to the Planning Manager. (PL, G-12)
9. 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)
10. Prior to issuance of building permits, Developer shall correct all violations of the City
Code existing on the project property. (PL/CE, G-14)
Plannina Standard Conditions:
11. Developer acknowledges that because of water limitations placed on the city by its
water providers, approval of this permit does not guarantee that the city will issue
building permits. Issuance of building permits may be delayed and subject to
implementation and/or compliance with mandated water conservation or allocation
plans. (PL/PW, PL-1)
12. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the
parking required by the City Code for the modified use. (PL, PL-6)
Planninq Special Conditions:
13. The operation of this facility shall be subject to the following restrictions:
a. Hours of operation: Monday through Friday, 5:00 a.m. to 9:00 p.m.; Saturday
and Sunday, 6:00 a.m. to 8:00 p.m.;
b. Maximum number of students on site at one time: 12;
c. Maximum number of employees on site at one time: 2;
d. Maximum number of parking stalls: 14;
e. Class operation: Indoor only. (PL)
14. A minimum of 10 minutes shall separate the end of one class and the beginning of the
next class in order to provide for the turnover of parking spaces.
15. Should a more parking -intensive use be proposed for the center storage tenant space,
the Planning Manager may consider a reduction in the 14 parking stalls required by
the CrossFit user, based on verifiable survey data of students' transportation modes to
the new facility.
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Resolution No. 2016-03
16. All fitness facility operations shall be conducted entirely indoors. No class functions
may occur outside of the subject tenant space. (PL,)
17. The use shall be conducted in a manner such that no public or private nuisance results
from the operations. Noise impacts (e.g., from loud music), vibrational impacts (e.g.,
from throwing objects against building floors/walls), and other potential adverse effects
shall be minimized, and any such impacts or adverse effects shall be immediately
abated. (PL)
18. Prior to placement of any signs or advertisements on site, applicant shall adhere to
City Signage regulations and shall receive separate approval from the Planning
Division. Advertisements, displays or any signage will be in accordance with the
signage regulations in Gilroy City Code. (PL)
Building Department Conditions:
19. Prior to use of the approximately 4,000 s.f. space for the fitness center uses, the
applicant shall apply for a Building Permit for the new wall installation separating the
one current (approximately 8,000 s.f.) tenant space into two spaces, within one year of
this approval. (PL, BL)
20. Applicant shall comply with all applicable building and fire codes prior to occupancy.
(BL)
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 7th day of January, 2016, by the following vote:
YES: Richard Gullen, Sue Rodriguez, Tom Fisher, Steve Ashford,
Paul Kloecker, Kai Lai, Elizabeth Sanford
NO:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Susan L. Martin, Secretary Richard Gullen, Chairperson
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