2014-052 - Approval of CUP U-13-018 for 55 Los Gatos-Saratoga Rd

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