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1. Granting the application will not ncreasethe number of establishments in the <br />Downtown area serving alcohol. <br />2. The Chief of Police .has .determined that conversion from beer and wine <br />service to full alcohol service does .not increase alcohol related problems in the Town. <br />3. The applicant/appellant has operated in a responsible manner. <br />4. Pursuant to Town Code section 29.20.3D0, this application raised issues of <br />concentration and saturation of businesses serving alcohol in the Downtown areaunderthe Town's <br />Alcohol Policy and, consequently, required interpretation of a policy over which the Planning <br />Commission did not have the discretionto modify or address, but which is vested in the Council for <br />modification or decision. <br />RESOLVED; <br />1. The appeal of the decision of the Planning Commission on Conditional Use Permit <br />Application U-00-32 is granted. <br />2. The conditions of approval as recommended to the Planning Commission on January <br />10, 2001, set out in Exhibit B to the Plam7ing Commission Staff Report dated January 5, 2001, are <br />hereby adopted as the Conditions of Approval of this Conditional Use Application. <br />3. The decision constitutes. a final administrative decision pursuant to Code of Civil <br />Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los <br />Gatos. Any application for judicial relief from this decision must be sought within the time limits <br />and pursuant to the procedures established by Code of Civil Procedure 'Section 1094.6, or such <br />shorter time as required by state or federal law. <br />2 <br />