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RESOLUTION 2014 -022 <br />RESOLUTION OF THE TOWN COUNCIL <br />OF THE TOWN OF LOS GATOS <br />GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT APPLICATION <br />U -13 -055. <br />APN: 529 -04 -083 <br />CONDITIONAL USE PERMIT APPLICATION: U -13 -025 <br />PROPERTY LOCATION: 165 LOS GATOS SARATOGA ROAD <br />PROPERTY OWNER: NICHOLAS AND SUEANNE GERA <br />APPLICANT: ALEXANDER HULT <br />WHEREAS, this matter came before the Town Council for public hearing on April 7, 2014, <br />and was regularly noticed in conformance with State and Town law. <br />WHEREAS, the applicant seeks approval for a modification of an existing Conditional Use <br />Permit (CUP) to convert a high turnover sit down restaurant with beer and wine to a quality (fine <br />dining) restaurant with full liquor service, and to modify their hours of operation. <br />WHEREAS, on February 26, 2014, the Planning Commission considered the request to <br />modify the existing CUP. The Planning Commission recommended approval of the CUP subject to <br />the recommended conditions. <br />WHEREAS, the Town's Alcohol Beverage Policy requires any application for new or <br />modification to the service of alcoholic beverages to be approved by Council. Town Council reviews <br />CUP requests for alcohol service on a case -by -case basis to ensure that the request is appropriate for <br />the specific use and its location. <br />WHEREAS, the Town's Alcoholic Beverage Policy gives the hearing body discretion to <br />approve alcoholic beverage service beyond 10 PM on a case -by -case basis when the proposal will not <br />negatively impact residential neighborhoods, there is not a history of alcohol related incidents or <br />complaints, and when the application will provide a clear benefit to the community. <br />