2014-022 - Approve Modification to CUP for Hultz Restaurant at 165 LG-Saratoga Rd

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