Resolution No. 2016-20 | Conditional Use Permit (CUP 16-03) 8630 San Ysidro Ave Card Room | Adopted 08/18/2016Resolution No. 2016 -20
A RESOLUTION OF THE 'PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING A CONDITIONAL
USE PERMIT (CUP 16 -03) TO ALLOW A 24 -HOUR CARD
ROOM TO OPERATE AT 8630 SAN YSIDRO AVENUE,
UNIT #100, WITHIN THE C3 SHOPPING CENTER
COMMERCIAL ZONE DISTRICT (APN 835 -04 -076)
WHEREAS, Ky 'Phuon, applicant, submitted CUP 16 -03 requesting approval of ,a
Conditional Use Permit to operate a 24 -hour card room with restaurant and ancillary bar
in an approximate 9,000-square foot lease space (Unit #100) within the San Ysidro
Center; and'
WHERAS, the subject property is located within the C3 Shopping Center
Commercial zone district; and
WHERAS, card rooms are listed as a conditional use within, the C3 Shopping Center
Commercial zone district; and
WHEREAS, said Conditional Use Permit application was referred to the Technical
Committee for recommendations on May 26, 2016 and July 21, 2016; 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, 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
official of the Community Development Department; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Conditional Use Permit application (CUP 16 -03), 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.
Resolution No. 2016 -20
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 C_ onditional Use Permit application, subject to the
following conditions:
GENERAL PROJECT CONDITIONS
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.
Note: The abbreviations above identify the city department or division responsible for determining
compliance with these standard conditions. Standard permit conditions are labeled with a G
e.g. 6-1, G -2).
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 a_ nd_ granted by the Planning Manager, pursuant to the City
Code. (PL-, G -4)
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
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, 0-2)
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. (CA, G -3)
4. Developer shall obtain building permits forthe plans within, one (1) year from the
date of this permit approval. If such ;buildings permits are not received within the
time frame, this permit shall automatically become null and void. (PL, G -4)
Resolution No. 2016 -20
5. This permit shall automatically_ become null and void should the approved use
cease to exist for more than 120 days from the approval date. (PL, G =5)
6. 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)
7. 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 andwaivingi any challenge to the
validity of the conditions and obligations stated therein. (CA, G -8)
8. Developer shall complete all' required off -site and on -site improvements related to
the project, including structures, paving, and landscaping, prior to occupancy
unless otherwise allowed by the Community Development Director. (BL, G -9)
9. 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)
10. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project
property shall be consistent with the terms of this permit and the City Code. If there
is a conflict between the CC&Rs and the City Code or this permit, the City Code or
this permit shall prevail. (CA, G =11)
11. 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, tog_ ether with the required
fees to the Planning Manager. (PL, G =12)
12. 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)
13. Prior to 'issuance of building permits, Developer shall correct all violations of the
City Code existing on, the project property for whit_ h the City has open cases.
PUCE, G -14)
Resolution No. 2016 -20
PLANNING DIVISION STANDARD CONDITIONS
14. 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 Ovate_ r conservation or allocation
plans. (PL /PW, PL -1)
15'. Developer shall submit plans for building permit applications that include all
exterior building materials and colors, including product and finish manufacturer
name, color name and number, and surface finish type (e.g. stucco with sand
finish, plaster with smooth finish) to be used in construction. (PL-, PL -2)
16. 'Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all co_ nd_ itions of approval of this permit, as adopted by the
decision - maker. (PL, PL -3)
17. 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)
18. All project on -site lighting shall be of a type and in a location that does not
constitute a hazard to vehicular traffic, either on private property or on public
property, including streets. Such lighting shall not conflict with drainage p_'lans,
landscape plans, tree locations, parking spaces, or any other such land use
concerns. (PL, PL -7)
19. Parking lot and exterior light fixtures shall be full cutoff type (with no structure or
housing element below the flat lens) so that lighting is directed downward only.
Developer shall recess or conceal under- canopy lighting elements so they are not
directly visible from any public area. Prior to issuance of building_ permits,
Developer shall submits lighting_ plan with details as to the type of fixtures and
wattage of the lighting.
PLANNING DIVISION SPECIAL- CONDITIONS
20. The bar shall be an ancillary use to the restaurant and card room establishment.
The premises shall be equipped and maintained in good faith with a bonafde
restaurant and shall possess, in operative condition, such conveniences for
cooking and storage of food's such as stoves, ovens, broilers, refrigeration or other
devices, as well as pots, pans or containers which can be used for cooking or
heating foods on the type heating device employed.
21. Except as may be modified by the conditional use permit approval, the use shall be
conductedi as described in the August 18, 2016 Planning Commission staff report
and the application materials submitted for CUP 16 -03, on file at the Community
Development Department.
4
Resolution No. 2016 -20
PUBLIC WORKS /ENGINEERING DIVISION STANDARD CONDITIONS
22. Applicant shall obtain a City of Gilroy encroachment permit if there is any proposed
work in the City right -of -way.
FIRE DEPARTMENT STANDARD CONDITIONS
23. The building will be required to meet Fire Code standards for public assembly.
24. Separate Building and Fire Permits will be required subject to approval of the
conditional use permit.
POLICE DEPARTMENT STANDARD CONDITIONS
25. The applicant shall provide a complete security plan for the building which includes
but is not limited to the following: security officer hours, camera locations, etc.
26. Lighting in the parking lot adjacent to the casino will need to be a minimum of 3.0
fc. Lighting levels will need to be confirmed for compliance with this requirement
prior to issuance of a building permit.
27. All plans and permits related to the card room /restaurant/bar shall be approved by
the Gilroy Police Department permit officer prior to commencement of the use.
Amendments to the plans and permits, including but not limited to the security
plan, may be required to address operational issues after commencement of the
use, and shall subject to the review and approval of the Gilroy Police Department.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 18th
day of August, 2016, by the following vote:
AYES: COMMISSIONERS: Fischer, Ashford, Armendariz, Gullen,
Kloecker, Lai
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS
ATTEST:
Rebecca Tolentino, Secretary
Rodriguez
APPROVED:
Paul Kloecker, Vice Chairperson