2014-068 - Grant Appeal for CUP at 15527 Union Ave (Jersey Mike's Subs)RESOLUTION 2014 -068
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
AND APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE
A HIGH TURNOVER, SIT -DOWN RESTURANT (JERSEY MIKE'S SUBS)
ON PROPERTY ZONED C -1 WITH MODIFICATIONS TO THE CONDITION
PERTAINING TO THE PAYMENT OF THE TOWN'S TRAFFIC IMPACT
MITIGATION FEE.
APN: 532 -41 -036
CONDITIONAL USE PERMIT APPLICATION: U -14 -013
PROPERTY LOCATION: 15527 UNION AVENUE
PROPERTY OWNER: DS DOWNING LP, A DELAWARE LIMITED PARTNERSHIP
APPLICANT /APPELLANT: RUDY WRABEL
WHEREAS, this matter came before the Town Council for public hearing on November 4,
2014, and was regularly noticed in conformance with State and Town law; and
WHEREAS, Town Code requires a CUP for restaurant uses; and
WHEREAS, pursuant to the Town Code Section 15.70.035(b), all projects which are
determined by the Town Engineer to have the potential to generate additional present and future
trips are required to pay the Town's Traffic Impact Mitigation Fee; and
WHEREAS, pursuant to Town Code Section 29.10.190(a), the hearing body may grant a
CUP if the proposed use of the property is essential or desirable to the public convenience or
welfare; will not impair the integrity and character of the zone; would not be detrimental to public
health, safety or general welfare; and is in harmony with the various elements or objectives of the
General Plan and the purposes of the Town Code; and
WHEREAS, on October 8, 2014, the Planning Commission considered the request for
approval of a Conditional Use Permit (CUP) to operate a high turnover, sit -down restaurant (Jersey
Mike's Subs) on property zoned C -1. The Commission approved the application with conditions
including the payment of the Town's Traffic Impact Mitigation Fee; and
WHEREAS, the applicant filed an appeal of a Planning Commission decision approving a
request for a Conditional Use Permit to operate a high turnover, sit -down restaurant (Jersey Mike's
Subs) on property zoned C -1; and
WHEREAS, Council received testimony and documentary evidence from the
appellant/applicant and all interested persons who wished to testify or submit documents. Council
considered all testimony and materials submitted, including the record of the Planning Commission
proceedings and the packet of material contained in the Council agenda for November 4, 2014,
along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, Council has determined in accordance with Town Code Section 29.20.300
new information was submitted to the Council during the appeal process that was not readily and
reasonably available for submission to the Commission including: A Traffic Information
Questionnaire submitted by the Applicant dated May 20, 2014 which shows that the applicant
would be occupying a portion of a former liquor store; and
WHEREAS, the Council also determined that in accordance with Town Code Section
29.20.300 new information was submitted to the Council during the appeal process that was not
readily and reasonably available for submission to the Commission including: the Town
Comprehensive Development Fee Schedule for FY 2014/2015, Traffic Impact Fee, that was
adopted by the Town Council on March 24, 2014, confirmed on May 19, 2014 and officially
implemented on July 18, 2014 was not updated on the Town's website until after the Fee Schedule
was implemented and this specific Applicant was unware of the changes to the Traffic Impact Fee
until after the Fee Schedule was implemented; and
WHEREAS, the Council also determined in accordance with Town Code Section
29.20.300 new information was submitted to the Council during the appeal process that was not
readily and reasonably available for submission to the Commission including: On October 15,
2014, there was a reclassification of the proposed restaurant and a recalculation of the traffic impact
fee which was reduced from $78,568.00 to $39,284.00; and
NOW, THEREFORE, BE IT RESOLVED THAT the appeal of the Planning
Commission's decision regarding Conditional Use Permit application U -14 -013 is granted.
Conditional Use Permit U -14 -013 is approved with the conditions contained in Attachment 9 to the
Report to the Town Council considered on November 4, 2014 with a modified Traffic Impact Fee
of $10,680.00 minus the appeal fee of $1,408.00 and the transcription deposit of $500.00 which
was paid by the appellant.
BE IT FURTHER RESOLVED THAT, This decision constitutes a final administrative
decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1. 10.085 of the
Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must
be sought within the time limits and pursuant to the procedures established by Code of Civil
Procedure section 1094.6, or such shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 4a' day of November 2014, by the following vote.
CK181welLSUTIaTuHIMI S
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steve Leonardi,.
NAYS:
ABSENT:
ABSTAIN:
MAYOR OF THE TOWN OF LOS GA
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL — November 4, 2014
15527 Union Avenue
Conditional Use Permit U -14 -013
Consider an appeal of a Planning Commission decision approving a request to operate a
high turnover, sit -down restaurant (Jersey Mike's Subs) and implementing all conditions,
including the payment of traffic impact fees on property zoned C -1. APN 523 -41 -036.
PROPERTY OWNER: DS Downing LP, A Delaware Limited Partnership
APPLICANT /APPELLANT: Rudy Wrabel
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below. Any changes or modifications shall be approved by the Director
of Community Development, the Development Review Committee, the Planning
Commission, or the Town Council depending on the scope of the changes.
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two
years from the date of approval (November 4, 2016) unless it is used before expiration.
Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit
has been granted is discontinued for a period of one (1) year the approval lapses.
4. USE: A high turn-over sit down restaurant.
5. ALCOHOL SERVICE: No alcohol service is permitted.
6. SEATING: No more than 24 indoor seats are permitted. No outdoor seating permitted.
7. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 9:00 p.m.
8. LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed.
9. DELIVERIES: Deliveries shall occur between 8:00 a.m. and 10:00 a.m. Monday through
Friday.
10. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
11. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from
the Los Gatos Community Development Department must be obtained prior to
commencement of use.
12. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
13. TOWN INDEMNITY: Applicants are notified that Town Code Section ].10. 115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
Building Division
14. PERMITS REQUIRED: A Building Pen-nit shall be required for the any alterations to the
existing commercial building. Separate pennits are required for electrical, mechanical, and
plumbing work as necessary.
15. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
16. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
17. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements,
on -site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. The building shall be upgraded to comply
the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design Architect and then conf nned by Town staff.
18. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Erin Walters (408) 354 -6867
b. Santa Clara County Fire Department: (408) 378 -4010
c. County Environmental Health Department: (408) 885 -4200
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
19. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay the project's
proportional share of transportation improvements needed to address cumulative
development impacts within the Town of Los Gatos. The fee will be based upon the
Resolution approved by the Town Council on November 4, 2014 (2014 -068). The fee shall
be paid before issuance of a building permit.
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