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2013-016 - CUP for lucy Apparel StoreRESOLUTION 2013 -016 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR A FORMULA RETAIL APPAREL STORE (LUCY) IN A COMMERCIAL SPACE PREVIOUSLY OCCUPIED BY A FORMULA RETAIL BOOKSTORE (BORDERS) ON PROPERTY ZONED C- 2:LHP:PD APN: 529 -02 -044 CONDITIONAL USE PERMIT APPLICATION: U -13 -001 PROPERTY LOCATION: 50 UNIVERSITY AVENUE PROPERTY OWNER: SRI OLDTOWN, LLC. APPLICANT /APPELLANT: TAMMY KORTE AND BRIAN LEARN WHEREAS, this matter came before the Town Council for public hearing on May 6, 2013, and was regularly noticed in conformance with State and Town law; and WHEREAS, the applicant seeks approval of a Conditional Use Permit (CUP) to allow a formula retail apparel store (lucy) in a commercial space previously occupied by a formula retail bookstore (Borders) on property zoned C- 2:LHP:PD; and WHEREAS, on March 27, 2013, the Planning Commission considered the request for approval of a Conditional Use Permit (CUP) to allow a formula retail apparel store in a commercial space previously occupied by a formula retail bookstore on property zoned C- 2:LHP:PD. The Commission deadlocked on a decision on the applicant's request and the application was denied; and WHEREAS, the appellant filed an appeal of the Planning Commission action on April 5, 2013, during the 10 -day appeal period; and WHEREAS, Town Council received testimony and documentary evidence fiom the applicant and all interested persons who wished to testify or submit documents. Town 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 Report dated April 17, 2013, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, Council finds as follows: 1. Pursuant to Town Code section 29.20.190, the requested CUP is desirable to the public convenience; 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. This finding is based on the evidence presented in the Council Agenda Report dated April 17, 2013 and the testimony and documentary evidence received from the applicant. 2. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. 3. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report prepared for the public hearing on May 6, 2013. NOW, THEREFORE, BE IT RESOLVED THAT the CUP application U -13 -001 for approval of the CUP is granted. BE IT FURTHER RESOLVED THAT the Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for this permit. NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, the 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 6`h day of May 2013, by the following vote. COUNCIL MEMBERS: AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, and Joe Pirzynski NAYS: ABSENT: ABSTAIN: Mayor Barbara Spector '.10Q va GATOS LOS GAS, CALIFORNIA ATTEST: M CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA