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RESOLUTION 2014 -068 <br />RESOLUTION OF THE TOWN COUNCIL <br />OF THE TOWN OF LOS GATOS <br />GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION <br />AND APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE <br />A HIGH TURNOVER, SIT -DOWN RESTURANT (JERSEY MIKE'S SUBS) <br />ON PROPERTY ZONED C -1 WITH MODIFICATIONS TO THE CONDITION <br />PERTAINING TO THE PAYMENT OF THE TOWN'S TRAFFIC IMPACT <br />MITIGATION FEE. <br />APN: 532 -41 -036 <br />CONDITIONAL USE PERMIT APPLICATION: U -14 -013 <br />PROPERTY LOCATION: 15527 UNION AVENUE <br />PROPERTY OWNER: DS DOWNING LP, A DELAWARE LIMITED PARTNERSHIP <br />APPLICANT /APPELLANT: RUDY WRABEL <br />WHEREAS, this matter came before the Town Council for public hearing on November 4, <br />2014, and was regularly noticed in conformance with State and Town law; and <br />WHEREAS, Town Code requires a CUP for restaurant uses; and <br />WHEREAS, pursuant to the Town Code Section 15.70.035(b), all projects which are <br />determined by the Town Engineer to have the potential to generate additional present and future <br />trips are required to pay the Town's Traffic Impact Mitigation Fee; and <br />WHEREAS, pursuant to Town Code Section 29.10.190(a), the hearing body may grant a <br />CUP if the proposed use of the property is essential or desirable to the public convenience or <br />welfare; will not impair the integrity and character of the zone; would not be detrimental to public <br />health, safety or general welfare; and is in harmony with the various elements or objectives of the <br />General Plan and the purposes of the Town Code; and <br />WHEREAS, on October 8, 2014, the Planning Commission considered the request for <br />approval of a Conditional Use Permit (CUP) to operate a high turnover, sit -down restaurant (Jersey <br />Mike's Subs) on property zoned C -1. The Commission approved the application with conditions <br />including the payment of the Town's Traffic Impact Mitigation Fee; and <br />