Adult store allowed to operate without permit prompts complaint, objection

Facing a complaint and objection, an adult business in Gilroy is seeking approval to stay in business.
Despite being open since December 2013, Lover’s Outlet in the San Ysidro Shopping Center is now requesting approval of a conditional use permit (CUP) to allow the adult business “to continue” at its current location due to a complaint that prompted re-evaluation, according to a city staff report.
Continuation of the adult business does not come without objection.
The planning department originally received a complaint last February about alleged inappropriate merchandise displayed in the storefront window, according to a city staff report. In addition, a complaint filed by Gilroy Premium Outlets General Manager Jeannie Omel dated May 20, 2014 did not include any mention of the store display allegations; however, it stated the rationale behind the objection to usage of the word “outlet.”
“We don’t want to confuse anyone,” Omel wrote in her objection. “This store has nothing to do with Gilroy Premium Outlets.”
Gilroy Premium Outlets is located adjacent to San Ysidro Shopping Center.
While proprietor Justine Overmyer said she was appreciative of the city’s efforts in helping her identify an appropriate site and admittedly doesn’t want any fuss it “felt like I got punched in the stomach” after receiving a letter from the City of Gilroy citing non-compliance. When asked how much she’s invested in her business, Overmyer declined to comment. Overmyer said she was unaware of the CUP requirement and wouldn’t have spent money jump-starting the business without proper city clearance.
What went wrong?
“I don’t know how it got overlooked,” Overmyer said.
According to a city staff report, although the applicant requested and secured a business license and adult business permit by Gilroy Police Department, the city’s planning division signed off “without a clear understanding of the nature of the business” in May of 2013. A call to the city’s planning division was not returned as of press time.
When Overmyer first opened her business in Gilroy she thought all her ducks were in a row for the location, 8669 San Ysidro Ave., Ste. 100.
She was wrong—according to a past letter Overmyer said she received from the City of Gilroy indicating she was out of compliance with city regulations.
The retail business, also a member of the Gilroy Chamber of Commerce, offers products for sale including lingerie, lotions, candles, videos and other items intended for adult use, according to the report. Overmyer said of Lover’s Outlet, “it’s not a place that you would be embarrassed to go in” with products ranging from 75 cents to several hundred dollars.
“I get nothing but compliments on the store,” Overmyer said.
Since notification, Overmyer submitted an application and paid more than $4,000 for a permit, she said.
City Code allows adult businesses to locate in the C-3 Shopping Center Commercial zoning district upon the granting of a CUP, a city staff report stated.
Staff is recommending approval of the CUP. When contacted, a call from the Dispatch to Omel was directed to an outlets’ marketing representative, who did not return an inquiry as of press time.
Overmyer said on Tuesday that she was unaware of the objection from Gilroy Premium Outlets.
Planning for the future
Gilroy’s vision for the future may soon get one step closer to reality.
Also on June 5, the commission is scheduled to consider a recommendation to City Council for the Gilroy 2040 General Plan Vision and Guiding Principles.
The forwarding vote would come following community input during two community workshops, a Gilroy town hall forum and other public engagement opportunities and would guide the future of the city’s policy-making, goals and implementation of the General Plan.
According to the draft vision statement, “In 2040, Gilroy is a diverse and culturally rich community with a small town feel. Gilroy’s economy is thriving with a healthy business environment and ample job opportunities for residents. Visitors come to Gilroy for its wineries, shopping, festivals, and recreational opportunities. It is well-known throughout the region for its excellent schools, agriculture, and downtown.”
Attend the meeting
Gilroy Planning Commission is scheduled to meet on June 5, 6:30 p.m. at City Council Chambers, 7351 Rosanna St.
For more information or to view the full agenda, visit cityofgilroy.org.