1988-183-Denial Of Conditional Use Permit Application Requesting Permission To Operate A Sandwich And Salad Shopping Center In The CH ZoneRESOLUTION NO: 1988 -183
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION
DENIAL OF CONDITIONAL USE PERMIT APPLICATION
REQUESTING PERMISSION TO OPERATE A SANDWICH AND
SALAD RESTAURANT WITHIN THE LOS GATOS VILLAGE
SQUARE SHOPPING CENTER IN THE CH ZONE
(15466 Los Gatos Boulevard - Subway Sandwiches)
WHEREAS:
A. Larry Baldasano has appealed a decision of the Planning
Commission as follows: Denial of Conditional Use Permit Application
U -84 -9A requesting permission to operate a sandwich and salad restaurant
within the Los Gatos Village Square Shopping Center in the CH zone on
property located at 15466 Los Gatos Boulevard and owned by Los Gatos
Village Square - Denholm /Harris & Company and applied for by Mohammed
Hassan (Subway Sandwiches); and
B. A public hearing was held by the Town Council on August 1 and
September 6, 1988.
NOW, THERFORE, BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred
in that it did not consider the fact that the applicant's traffic data
showed no increase in the number of trips over the previous use.
B. The Town Council hereby further finds that the Planning
Commission erred in that it did not consider imposing conditions which
would limit the number of trips.
C. The Town Council hereby further finds that the proposed business
is a resident - serving business in keeping with the goals and policies of
the General Plan.
D. Based on the foregoing findings, the Town Council hereby grants
the appeal and grants the conditional Use Permit U -84 -9A with the
following conditions:
1. The number of cash registers is limited to one (1).
2. The number of seats is limited to eighteen (18).
3• The number of employees is limited to seven (7) at any one
time on the site.
4. The hours of operation are limited to 11:00 a.m. to
2:00 a. m.
5. One percent (1 %) traffic in lieu fees shall be paid for
the following intersections:
a. Los Gatos Blvd. /Kennedy Road-
Caldwell Avenue $ 74.00
b. Los Gatos Blvd. /Blossom Hill Rd. 2,200.00
c. Blossom Hill Road /Union Ave. 4,200.00
d. Lark Avenue, Highway 17 to Los Gatos
Blvd. 4,326.00
ONE PERCENT IN LIEU FEE TOTAL DUE $10,800.00
-2-
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 19 day of September
1988 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Robert L. Hamilton,
& Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS Thomas J. Ferrito & Brent N. Ventura
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS None
SIGNED: C
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
SENIOR DEPUTY CLERK 0P `TOWN OF LOS GATOS
-3-