Resolution No. 2016-16 | Conditional Use Permit (CUP 15-03) Plastic Recycling Facility to Operate at 300 Obata Court | Adopted 06/02/2016RESOLUTION NO 2016-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF GILROY APPROVING A CONDITIONAL USE PERMIT (CUP
15-03) TO ALLOW A PLASTIC RECYCLING FACILITY TO
OPERATE AT 300 OBATA COURT WITHIN THE M2 GENERAL
INDUSTRIAL ZONE DISTRICT (APN 841-79-006).
WHEREAS, Zhongmin Feng submitted application CUP 15-03 requesting approval of
a Conditional Use Permit to operate a plastic recycling facility on an approximate 2.63 acre
site in the M2 General Industrial zone district, located at 300 Obata Court, Gilroy, Ca.; and
WHEREAS, the conditions of approval limit the odor produced by the facility as well as
set restrictions on the height of stored material; 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 June 18, 2015 and October 15, 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
15332 (Infill Development Projects) of the CEQA Guidelines; and
WHEREAS, on June 2, 2016, the 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 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.
Resolution No. 2016-16
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. 2016-16
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
requested by the applicant 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, whichever occurs first.
(CA, G-3).
4. 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)
5. 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)
6. 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)
7. 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)
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Resolution No. 2016-16
Planning Standard Conditions:
8. 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. In the event the city is mandated to comply with Level 3 water
shortage restrictions, 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)
9. 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)
Planning Special Conditions:
10. The use shall be conducted in a manner such that no public or private nuisance results
from the operations. Noise, odor and dust, and other potential adverse effects shall be
minimized. If it is determined that this business generates excessive noise, odor or
dust as determined by the Planning Division Manager, any such impacts or adverse
effects shall be immediately abated. This shall be accomplished by moving the source
of the noise, odor or dust, or enclosing the operation within a building. (PL)
11. Outdoor storage areas shall be continuously screened by trees in accordance with the
approved architectural and site permit (A/S 15-21), subject to monitoring by the
Planning Division. (PL)
12. 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)
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Resolution No. 2016-16
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 2°d day of June, 2016, by the following vote:
YES: Rodriguez, Ashford, Fischer, Gullen, Kloecker, Lai
7243
ABSTAIN:
ABSENT: Armendariz
ATTEST:
Rebecca Tolentino, Secretary
APPROVED:
Sue Rodriguez, Chairperson
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