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Exhibits 1-5 of Attachment 1 and Attachments 2-11LOS GATOS- ALMADEN RD 15527 Union Avenue E z O z EXHIBIT 1 9/10/14 PC Report This Page Intentionally Left Blank REQUIRED FINDINGS FOR: 15527 Union Avenue Conditional Use Permit U -14 -013 Requesting approval to operate a high turnover sit -down restaurant (Jersey Mike's Subs) on property zoned C -l. APN 523 -41 -036. PROPERTY OWNER: DS Downing LP, A Delaware Limited Partnership APPLICANT: Rudy Wrabel FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15301: A proposed use in an existing facility with no increase in floor area. Required findings for a Conditional Use Permit: ® As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: (1) The proposed use of the property is essential or desirable to the public convenience or welfare in that use would provide a high quality dining establishment, a similar use does not currently exist in this part of Town; and (2) The proposed use will not impair the integrity and character of the zone in that the use will be in a commercial zone and will be replacing a similar long standing use; and (3) The proposed use would not be detrimental to public health, safety or general welfare in that conditions placed on the permit will mitigate potential impacts; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the September 10, 2014, Planning Commission Staff Report. NADEWINDINGS2014 \15527 Union.docx FMTBIT 2 9/10/14 PC Report CONDITIONS OF APPROVAL — September 10, 2014 15527 Union Avenue Conditional Use Permit U -14 -013 Requesting approval to operate a high turnover sit -down restaurant (Jersey Mike's Subs) on property zoned C -1. APN 523 -41 -036. PROPERTY OWNER: DS Downing LP, A Delaware Limited Partnership APPLICANT: 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 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 1.10.115 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. MMT IT 3 9/10/14 PC Report Building Division 14. PERMITS REQUIRED: A Building Permit shall be required for the any alterations to the existing commercial building. Separate permits 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 confirmed 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 a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project using the current fee schedule is $78,568.00. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of building permit is issued. N: \DEV \CONDITNS\2014 \15527 Union.docx Town of Los Gatos Community Development Department 110 E. Main St. Los Gatos, CA 95030 RE: Jersey Mike's Subs CUP Application 15527 Union Ave Letter of Justification To Whom It May Concern: www.JerseyMikes.com May 20, 2014 RECEIV 1 WIC o(, MAY 202014 TOWN OF LOS (, _ PLANNING DiVISi `;v Jersey Mike's, a submarine sandwich franchise with over 700 locations open and under development nationwide, has a long history of community involvement and support. Started at the Jersey Shore in 1956, Jersey Mike's serves authentic East Coast -style subs on fresh baked bread, every cold sub sliced to order and hot subs grilled fresh every single day — the same recipe it started with over 50 years ago. The company's mission is to bring its customers the highest quality, freshest made sub in the industry and give back to the communities in which it operates. There are currently 5 total locations in the Bay Area (Santa Clara being the closest). Our group is currently working on another location in Cupertino, CA. Summary of Opportunity: We request your approval for a Conditional Use Permit for 15527 Union Ave, Los Gatos, CA for the following reasons: Jersey Mike's will provide a positive impact on the community in some of the following ways: a. Providing a clean, enjoyable environment to enjoy the best submarine sandwich in town b. We intend to hire 15 -20 full and part-time employees c. We will give back to & get involved with our community and Los Gatos provides the ideal platform for that — i.e. Grand Opening Fundraiser typically raises $3k plus for a local charitable organization (such as a local high school) & our annual month of giving raises $2M plus for regional charities nationwide 2. Address, Space & Plans ffiTBIT 4 9/10/14 PC Report rn www.JerseyMikes.com We are requesting a CUP for 15527 Union Avenue which is approximately 1553 square feet. Our plans our outlined in the included demonstrate our use to house our kitchen, food preparation area, storage, 24 dining seats, and an ADA accessible restroom. Hours of Operation a. Monday — Sunday: 10:00 AM — 9:00 PM b. Typical Number of Employees on site is 4 4. Parking Please see attached parking analysis provided. 5. Seating Total Proposed Seating is 24, all indoor seating 6. Jersey Mike's Subs will not serve any beer, wine or alcoholic beverages. 7. Deliveries a. Deliveries will be received Monday— Friday between 7 - 10am or overnight delivery and will be accepted at the main entrance of the restaurant. Please contact me with any questions and thank you for your time. Warm Regards, 4�q RuJ , LLC dba Jersey Mike's Subs 421 College Ave Palo Alto, CA 94306 Cell: 832 -443 -2747 Email: rudvwrabel(a)gmail.com www.iersevmikes.com E al EI as 2 W W W 2 L a !! ~ e AAs �IP71'!I N w v jai t Sd831�3� P xw Q �$ i P Y IEE !!iI gi i t7 3i 5S ( q fill w y lBi��E�14E4iEEilf� 6, i 0tP #I�illjtltliEt11�1Et �1 MIS W ''g!1!t gtg�lgilt¢t�t €t €t #tit:t �i�� OVON N30YW7V Sol YO 807 W Z W 2 O 2 Q U W O Q CO O J w H Z W Z i Z O a Exmff 5 9/10/14 PC Report N w v jai t P i Y IEE !!iI VC:�d: ::. eaa ills §3a !se w o C P {} W N O� I W •- 02'. € �z - F i , ge 4 X111 OVON N30YW7V Sol YO 807 W Z W 2 O 2 Q U W O Q CO O J w H Z W Z i Z O a Exmff 5 9/10/14 PC Report � ) 3 � « - J( « ) )} ` �� § ■!&§ !! §} ,I| _ISN/ ~ UOJ 1ON _dam , __d 2) . � ) 3 � « - J( « ) )} ` �� § ■!&§ !! §} ,I| 4 i nZ 0 ❑� Q o w_ �> >o o No w�� °(D L) 'N oZ Z �j� oa II , 4 i nZ 0 ❑� Q o w_ �> >o o No w�� °(D L) 'N oZ Z �j� oa This Page Intentionally Left Blank TOWN OF LOS GATOS ITEM NO: 1 1 PLANNING COMMISSION STAFF REPORT ADDENDUM `as std Meeting Date: September 10, 2014 PREPARED BY: Erin Walters, Associate Planner ewal tersrlosgatosca. gov APPLICATION NO: Conditional Use Permit Application U -14 -013 LOCATION: 15527 Union Avenue (southwest corner of Union Avenue and Los Gatos Almaden Road) APPLICANT/ CONTACT PERSON: Rudy Wrabel PROPERTY OWNER: DS Downing LP, A Delaware Limited Partnership APPLICATION SUMMARY: Requesting approval to operate a high turnover, sit -down restaurant (Jersey Mike's Subs) on property zoned C -1. APN 523 -41 -036. EXHIBITS: 1 -5. Previously submitted with the Report REMARKS: The applicant has requested that the item be continued to the October 8, 2014, Planning Commission meeting. Staff recommends that the item be continued as requested. Areped by: Erin Walters Associate Planner LRP:EW:cg Approved by: Laurel R. Prevetti Assistant Town Manager /Community Development Director cc: Rudy Wrabel, 421 College Avenue, Palo Alto, CA 94306 DS Downing LP, A Delaware Limited Partnership, 200 E. Baker St., Costa Mesa, CA 92626 N 9DEV\PC REPORTS\2014 \15527 Union- CUPADD.docx ATTACHMENT 2 This Page Intentionally Left Blank x , TOWN OF LOS GATOS t ry PLANNING COMMISSION STAFF REPORT Meeting Date: October 8, 2014 �Oa'c�t s PREPARED BY: Erin Walters, Associate Planner ewalters@losgatosea.gov ITEM NO: 1 CONSENT APPLICATION NO: Conditional Use Permit Application U -14 -013 LOCATION: 15527 Union Avenue (southwest corner of Union Avenue and Los Gatos Almaden Road) APPLICANT/ CONTACT PERSON: Rudy Wrabel PROPERTY OWNER: DS Downing LP, A Delaware Limited Partnership APPLICATION SUMMARY: Requesting approval to operate a high turnover, sit -down restaurant (Jersey Mike's Subs) on property zoned C -1. APN 523 -41 -036. DEEMED COMPLETE: July 21, 2014 FINAL DATE TO TAKE ACTION: January 21, 2015 EXHIBITS: 1 -5. Previously received with September 10, 2014 staff report REMARKS: This item was originally scheduled to be heard by the Planning Commission on September 10, 2014. The Planning Commission continued the item to the October 8, 2014 Planning Commission meeting pursuant to the request of the applicant. The applicant has not submitted any new information. There was an error in the text of September 10, 2014 Planning Commission Report. On Page 4, Section C. of the report it should read, "The proposed project would result in a net increase of 92 average daily trips (ADT), no net new morning peak hour trips, and one 7 net new evening peak trips." This error in the text does not affect the calculated total traffic mitigation fee of $78,568.00 reflected in Condition of Approval 19 of Exhibit 3. ATTACHMENT 3 Planning Commission Staff Report - Page 2 15527 Union Avenue/U -14 -013 October 2, 2014 Prepared Erin Walters Associate Planner LRP:EW:cg pproved by: - Laurel Prevett i Assistant Town Manager/ Director of Community Development cc: Rudy Wrabel, 421 College Avenue, Palo Alto, CA 94306 DS Downing LP, A Delaware Limited Partnership, 200 E. Baker St., Costa Mesa, CA 92626 N: \DEV\PC REPORTS \2014 \15527Union - ont.dmx FILING FEES $351.00 (PLAPPEAL) Residential $1,408.00 (PLAPPEAL), per Commercial Multi- family or Tentative Map Appeal TRANSCRIPTION $500 (PLTRANS) PROJECT / APPLICATION NO: ADDRESS LOCATION: Town o( 'os Gatos Office of the Town Clerk 110 E. Main St., Los Gatos CA 95030 APPEAL OF PLANNING COMMISSION DECISION 1, the undersigned, do hereby appeal a decision of the Planning Commission as follows; (PLEASE TYPE OR PRINT NEATLY) j DATE OF PLANNING COMMISSION DECISION _T�ei /I L4 Pursuant to the Town Code, the Town Council may only grant an appeal of a Fla Council finds that one of three (3) reasons exist for granting the appeal by a vote please specify how one of those reasons exists in the appeal: t. The Planning Commission erred or abused its discretion because 2. There is the time if the decision, which is OR 3. The Planning Commission did not have discretion (please attach the new information if possible): OR to modify or address the following policy or issue that is vested in the Town IF MORE SPA E 1S NEEIli PLEASE ATTACH ADDITIONAL SHEETS.. J _T • - -- IMPORTANT: &Pfll- cGtyS�r, `itt.. 7b'^'f1 , 1. Appellant is re#ionsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing. 2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing fee. Deadline is 5:00 p.m. on the 10'° day following the decision. If the 100 day is a Saturday, Sunday, or Town holiday, then it may be filed on the workday immediately following the l0's day, usually a Monday. 3. The Town Clerk will set the bearing within 56 days of the date of the Planning Commission Decision (Town Ordinance No. 1967) 4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in the Zoning or Subdivision Code, as applicable, which is different from other appeals. 5. Once filed, the appeal will be heard by Town Council. 5. If the reason for granting an appeal is the receipt of new information, the application will usually be returned to the Planning Commission for reconsideration. 7. PRINT NAME: DATE: 10 + 1 PHONE: 32.. L{y g DATE OF PUBLIC HEARING; SIGNATURE: ADDRESS: I AluAlo _P.wk t u/1 ti 4aZS- *** OFFICIAL USE ONLY * ** Pending Planning Department Confirmation DATE TO SEND PUBLICATION: CONFIRMATION LETTER SENT: Date: TO APPLICANT & APPELLANT BY: DATE OF PUBLICATION: ATTACIImw •4 This Page Intentionally Left Blank October 24, 2014 To Whom It May Concern: MMMS OCT 2.4 2014 TOWN OF LOS GATOS PLANNING DIVISION IA- 1�- 07-,t Jersey Mike's Subs is appealing the Traffic Impact Mitigation Fee tied to its CUP as a Condition for its Approval. We are appealing on the basis that the new Traffic Impact Mitigation Fee policy adopted by the Town Council and the timing of the implementation of the associated new and higher fee structure has created an inappropriate application of this new fee structure to our application, resulting in an undue burden on our business as an applicant. Our interaction with the Town began on May 9, 2014 when I visited the Planning Department and spoke with staff regarding the CUP application process. I was told my application fee would be $3,893.22 and was given a listing of the required documentation for a complete application. At no point during this visit, did we discuss the potential for an expansive Traffic Fee. On May 20, 2014,1 submitted our complete CUP application and paid the Town the application fee of $3893.22. We received no reference from staff to any potential changes that may be coming in the Fee Schedule that was widely available online. This omission was in spite of the fact that the Town Council had voted the evening prior to approve a new fee structure for the Traffic Impact Mitigation Fee that would directly affect our application. A few weeks later, on June 11, 2014, I met in the Town chambers with staff from both Planning and Traffic to discuss their comments and additional requests. During this meeting, there was a request by Traffic for a site plan laying out the previous use for our space, but no mention at all to the potential Traffic Fee or the coming changes in the fee structure. On July 18, 2014, the new fee structure was officially implemented by the Town. The change elevated our fee by nearly 5 times what it would have been under the old fee structure. Three days later, on July 21, 2014, the Town provided me with the Conditions of Approval of our CUP. One of the Conditions under which our CUP would be approved is that we ultimately pay this Traffic Impact Mitigation Fee. This was the instance that we learned of the fee structure increase and its impact on our CUP application. Two months after we paid our initial $3,893.22 application fee and roughly 6 weeks after we met with staff to discuss comments to our application, the Town staff first notified us of (A) an estimate of traffic fee tied to our application and (B) that it had just been increased dramatically. I am requesting that the Council move to grandfather in our application and apply the Traffic Impact Mitigation Fee structure that was in place and made public through your ATTACHMENT 5 s website when I originally submitted our application. This structure outlined a fee of $600 'per trip for the first 10 new trips generated and $60 per trip for every additional trip. After the Town had collected our $3,893.22 permit application fee, the town increased the Traffic Impact Mitigation Fee in a sizeable way. This fee is attached to our Conditional Use Permit as a condition for its approval. I am a small business person who made a set of personal and financial decisions based on a certain set of rules that your Town had in place when I submitted our application. It strikes me that under an equitable system, any new fee structure should apply only to new applications in which the individuals and businesses who are applying have full knowledge of the fees that they could face and how those are determined. It is not reasonable to collect a permit application fee and later change the manner in which the fees tied to that permit are calculated for applicants who have already paid the up -front fee and submitted their application. To exacerbate the situation, staff from the Town failed to communicate the coming changes to us as we moved through our process. As I laid out in our timeline, the first that we were informed about the new Traffic Impact Mitigation Fee structure and its impact on our CUP was 3 days after the new fee structure was actually implemented by the Town. This was confirmed by Assistant Town Manager, Laurel Prevetti at the August 19, 2014 Town Council Meeting: "In this case, we probably could have done a better job in the spring knowing that council had already made some move to modify the fees. So rather than waiting until the summer, we could have informed Jersey Mike's earlier that we were heading in this direction." While likely an unintended consequence of the new policy, the Traffic Impact Mitigation Fee hike and the timing of its implementation relative to the timing of our specific CUP application has the feel of a bait -and- switch. We were committed to the process in the form of a $3893.22 permit application fee, then the rules were switched and future fees were increased dramatically. The use of the new fee structure to calculate our Traffic Impact Mitigation Fee was unwarranted, unfair and placed an undue burden on us as we had applied under a set of rules that were changed after we had paid to commence our permitting process. Thank you for your consideration and please feel free to contact me with any questions. Sincerely, Rudy Wrabel rudywrabel @gmail.com 832 - 443 -2747 O 0o u m Y M 'N L TJ H a E v � a Y N N o U N o C E C U O WU L m u a u m C v Y U O U w ro 0 O ro N .i ro o Z .ti U o w w m v v m � L Y a v m a > A w w .N u L 3 O b+ bi E G C U N U N b W ro v v £ L E G v a N 0 N L C 0 N U b G O U y w x 7 G L O O y N ro o a u !J m N 0 T1 N rt W N N 0 N U W � ° v ll ro � L 41 b Y G .a b T M H C ZI H N x o Z> N N N H N- a £EU h C N h 0 U 3 m v :-Gl 7 x0 i w G u N .ti w H H Q Q � 5 H ro m v Y ❑ N H N O N a w N Hg .y W C v G gyy U N H A O a b ro F G O O H W U u M a E vOi v N N m N a T N �1 W N N G N w E O q a G � A a T a w 0 O G N m u 0 v o � L td N U 0 .•Gi YL N y c� m N F a i a 41 EE N c b E E W Au o C N avi v m a U N a H F u u G O N W N Y O 0o u m Y M 'N L TJ H a E v � a Y N N o U N o C E C U O WU L m u a u m C v Y U O U w ro 0 O ro N .i ro o Z .ti U o w w m v v m � L Y a v m a > A w w .N u L 3 O b+ bi E G C U N U N b W ro v v £ L E G N 0 N L N U O U G G L O O y N ro u A Y m 'U 0 T1 N rt W N N 0 N U W r ° v N w � L v b O b T M H C ZI H N x o Z> N N N H N- a £EU h C N h 0 U :-Gl x0 o w G u N .ti w H H Q � 5 O OU W N r a w N Hg .y Q C gyy E v b ro G N O H U u N O N v C 0 N N N T N �1 W N N G N a O q N £ G b O N T 0 O G C A 0 N U td N C Y 0 .•Gi Y Q N a c� N F a i a 41 EE N c b o .N E v o A N 0 v m a U U q a F F O b G m a 0 u o ro E L Y L ✓ o U 'N a > N U N N N W G N Y a G H E E Y N N E tr� U ,G H O -C+ G b N Y E U Y -ri A m O 0 m N v v E m > .a N n p N •n C m m N „ ti N N •y �y N N N N N N C 0 0 m C O Q H y o H .N O❑ U ry Z N zyH rl a 'b m v qF u � F N N N L U N G G L O O N u u G ui 0 m ro w ro ro N E w N M N a .N N U W r ° v N C N m w O U b T M H C ZI H N x o Z> N N N H N- a £EU h C N h 0 U :-Gl x0 > w G tY H H Q � 5 OU W r a w N Hg .y Q C gyy N O H N m 0 N > N T A �1 W N N G N a O q N £ G b O N T 0 A G+ td N C Y 0 .•Gi Y Q N a c� EEN EE N C C 0 O O n 0 N a U U q a F F r N ro C 0 ti A ro E O C N W N m a O N U Y N T rNJi v b N O � W G z m N o v � N Q C N W O 5 W W H O O w w X m ro N (A L W 0 N N O O N V N O w C N O N N L E W O U b L N C N a a L H 0 a a h U N C ti C O v v v N W 3 H A G N 3 N z° O a a O v A H G N O .1 .N 3 m N N roG O N CJ O G O u C C a a 0 C L W N Lu 0 E o a N L z N O 7 E � GL A m J v N L x+ b O w b V O ro > v ro L % ✓ O 3 O C ro C m •U v N G C O m H L u C O N ro ro U N H •U > L U N N U ro m v N .vc u W ✓ O O C N M J A Yt E W U U H O m H Q ro b C ro C W 0 O Q U H O u v o E - W L m W a K F ro m N c L ro „ ++ E a N X 3 b G ro H ++ T. 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O t0 ro N C N O .• S H S a C 'N N 2 O W .. % H i a A u G v m O U W N v O u N N 5 O Wa P W W L u ro u N S F £ Qaa+ Z O .v]J ❑ b G 5 F rxa� E O U u H C M W W 2 OH W p U W F o O u G 'ti W G N t� x H E C W Z E v U O N N N a H W \ J m G W H Q m C v1 O H 'J 0 o 2 N G N a ax a E 0 v O H Q C) 0 0 N N W \ J m C N Na W G Vl O H' 5 O N 5 � H N r] iF a E RH 0 O ro v G y H ro o N y y a G x y v y y ro H L U O L O b m - L ✓ O y E n 0 C T N u H b O O N O � +' ro •+ C N fi � G H 3 a' ro A a m c o ro x H 3 N E a y y - � Z C Y Z y 2 0 N O a y H ti � O a .; .c � a •o v 0 0 U vi Q N L N � U H y u H U 0 0 m C z >> O 4 y 0 O U u r u � z �+ N ei ti a � N N H V O This Page Intentionally Left Blank y U z H W W O a W N E O o N E C N O ro Y N Y O O b O C w 7 Y N b � O z T b ro M e W C O u Y N L '•i H O H O C 0 N C o ro o 0 m x w W 1 Y m v W O Ural H M ~ O v° G 3 ro G £ H 2i H G N m H y N N x o bl H N L N N 0 N Q YO' irol h K j H C C 7 ti 0 b O ry U Y 01 W W i Y b G H N Q w C u v o m W N O N Q 0 C E 'JG m u 0 Y N a O a N E r F py U U L H H M Q v u u G N U a N W w W W W 0 O H O b N h u W b G W N A O m N O 0 C L N ro w G Q Q N U b C N 5 U Y ro E O .O ]U Uq a F E ✓ .a b C P N C O N Y G O J Y N G C U b u 0 0 V N Y O d N M N ro o G N O d .N ] C C Y N b � O z W ro N e W u u CvWi O H W N 0 O ✓ M OO 0 C H 0 b o VEl li i-rof w w W 1 Y m v W O Ural H M ~ O m .r o m o 2i H G N m H y N N x o x E 0 E i U H E h H v Q YO' irol h K j H C C 7 ti 0 b O U pl N 'N H W L N t+ N y0i N O w Q� C E W O N U N a Q 0 U E Q m u 0 Y N a O a N E r F py U N b H O M Q v > H E U a N W w W W W 0 O N ro Q1 H iL a tWj� N T a m T O A O m N O 0 C L N ro w G Q N > O'er N L V U V L U ro CO Y ro 3 F .O ]U Uq a F E ✓ .a b C u 41 G C W O V U Q p N N m 0 W z >" O Q H W 0 H .'1 OO U n N Nri N a" E W d Q H W O I C 0 N � N o C z "> oQ H W C N O H 'N O O U ry 2 uWi H N N W tt 0 N o u Q H O O m N N N N ATTACRMENP 7 M N ro H L ti U ro x v u v L O 0 u N Y - w w Y u CvWi I . L u w M OO 0 C W N W VEl li i-rof W 1 Y m v W O Ural H M ~ O m N N N O 2i H G N m H y N N x o E 0 E i U H E h Q YO' irol h K j a Q W w w Q� C G 0 C O N N C•• ro N A H N N W C W 0 £ H N m T O A O m N O 0 C L N ro w G Q O'er N C U EE N F C C N C E H ro 3 b .O ]U Uq a F E N N m 0 W z >" O Q H W 0 H .'1 OO U n N Nri N a" E W d Q H W O I C 0 N � N o C z "> oQ H W C N O H 'N O O U ry 2 uWi H N N W tt 0 N o u Q H O O m N N N N ATTACRMENP 7 This Page Intentionally Left Blank REQUIRED FINDINGS FOR: 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 FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15301: A proposed use in an existing facility with no increase in floor area. Required findings for a Conditional Use Permit: ■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: (1) The proposed use of the property is essential or desirable to the public convenience or welfare in that use would provide a high quality dining establishment, a similar use does not currently exist in this part of Town; and (2) The proposed use will not impair the integrity and character of the zone in that the use will be in a commercial zone and will be replacing a similar long standing use; and (3) The proposed use would not be detrimental to public health, safety or general welfare in that conditions placed on the permit will mitigate potential impacts; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the September 10, 2014, Planning Commission Staff Report. NADEVTINDINGS\2014 \15527 Union - TC.dmx ATTACHMENT 8 This Page Intentionally Left Blank 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 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 1.10.115 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. ATTACHMENT 9 Building Division 14. PERMITS REQUIRED: A Building Permit shall be required for the any alterations to the existing commercial building. Separate permits 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 confirmed 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 a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of building permit is issued. N:\DEV \CONDrrNS\2014\1 5527 Union -Mdocx Draft resolution subject to modification as part of Town Council action. RESOLUTION 2014- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A HIGH TURNOVER, SIT -DOWN RESTURANT (JERSEY MIKE'S SUBS) AND IMPLEMENTING ALL CONDITIONS, INCLUDING PAYMENT OF TRAFFIC IMPACT MITIGATION FEES ON PROPERTY ZONED C -1. APN: 53241 -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 CA located at 15527 Union Avenue. The Commission approved the application with conditions including the payment of Traffic Impact Mitigation Fees; and ATTACHMENT 10 WHEREAS, the applicant filed an appeal of a Planning Commission decision to approve 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 finds as follows: 1. The Planning Commission had the discretion to address the CUP application request and there was no error or abuse of discretion on the part of the Planning Commission; and there was no new information that was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; and there was no issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision; and 2. The proposed use of the property is essential or desirable to the public convenience or welfare; and 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. These findings are based on the evidence presented in the Council agenda packet material for November 4, 2014, regarding this application. NOW, THEREFORE, BE IT RESOLVED THAT the appeal of a Planning Commission decision for CUP application U -14 -013 is denied. Conditional Use Permit U -14 -013 is approved with conditions of approval including payment of the Town's Traffic Impact Mitigation Fee per Attachment 9 to the Report to the Town Council considered on November 4, 2014. 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 4th day of November 2014, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: . S . 1► SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA V 011,,Rl.U53014Dot y...!�5,? ?t monAvr (;AY((,0L).docc This Page Intentionally Left Blank Draft resolution subject to modification as part of Town Council action. RESOLUTION 2014- 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 traffic 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 ATTACHMENT 11 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 that payment of the Town's Traffic Impact Mitigation Fee would be an undue burden pursuant to Town Code 15.70.030(c)(5) because (Town Council to identify specific information for the record supporting this conclusion) ; 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 conditions contained in Attachment 9 to the Report to the Town Council considered on November 4, 2014 with a modified Traffic Impact Fee. 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 4`h day of November 2014, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA V D[V'R Y)"'2014 -Tpow _1 S52' 1 nimnAvcl P7k,AUdocx This Page Intentionally Left Blank