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RESOLUTION 2014 -052 <br />RESOLUTION OF THE TOWN COUNCIL <br />OF THE TOWN OF LOS GATOS <br />GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -13 -018 <br />APN: 529 -23 -007 <br />CONDITIONAL USE PERMIT APPLICATION: U -13 -018 <br />PROPERTY LOCATION: 55 LOS GATOS - SARATOGA ROAD <br />PROPERTY OWNER/APPLICANT: 55 PARTNERS, LLC <br />WHEREAS, this matter came before the Town Council for public hearing June 16, 2014, <br />and was regularly noticed in conformance with State and Town law. <br />WHEREAS, the applicant seeks approval of a Conditional Use Permit (CUP) to operate <br />a quality restaurant with a separate bar, outdoor seating and full alcohol service on property <br />zoned CHID. The applicant requested 82 seats and maximum hours of operation as defined in <br />the June 16, 2014, Town Council Report. <br />WHEREAS, on May 21, 2014, the Planning Commission considered a request for <br />approval of CUP application U -13 -018 on property zoned CHID. The Planning Commission <br />recommended approval of the request with modified Conditions of Approval, finding that the <br />proposed use of the property is essential or desirable to the public convenience or welfare in that <br />the new restaurant will provide a desirable amenity that will complement the operation of the <br />existing motel, and will provide a desirable service to the immediate neighborhood and the <br />community; the proposed use will not impair the integrity and character of the zone in that the <br />use will be in a commercial zone and the PD Ordinance that governs the property allows <br />restaurant uses with approval of a Conditional Use Permit; and the proposed use would not be <br />detrimental to public health, safety or general welfare in that the use will be subject to provisions <br />of the Alcoholic Beverage Policy and conditions placed on the permit will mitigate potential <br />