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1992-004-Approving A Request For Permission To Operate A Comedy Club In The Old Town Theater And To Permit The Sale Of Alcoholic BeveragesRESOLUTION 1992 -4 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR PERMISSION TO OPERATE A COMEDY CLUB IN THE OLD TOWN THEATER AND TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES IN THE C -2 -LHP ZONE; CONDITIONAL USE PERMIT APPLICATION U -91 -19 (50 UNIVERSITY AVENUE /APPELLANT BARBARA SPECTOR; OWNER DOVER MOBILE ESTATES /APPLICANT TREVOR GRIFFITHS) WHEREAS: A. Barbara Spector, appellant, has appealed a decision of the Planning Commission granting a request for permission to operate a comedy club in the Old Town Theater and to permit the sale of alcoholic beverages for consumption on the premises in the C -2 -LHP zone (Conditional Use Permit Application U- 91 -19); B. Trevor Griffiths, applicant, proposes to operate a nighttime entertainment comedy club at Old Town Theater. The operation would require interior modifications including the addition of a bar and a reduction of seating from 400 to 250; C. The Development Review Committee reviewed the application on October 1, 1991 and recommended denial of the application based on the Town Council's policy against new alcoholic beverage licenses; D. The Planning Commission reviewed the application on November 13, 1991 and approved the application; and E. A Town Council public hearing was held on December 16, 1991. RESOLVED: A. The Town Council hereby finds that the Planning Commission erred in their decision. The proposed development is inconsistent with the public interest in considering the Old Town Theater as an historic community resource, is incompatible with Town Council policy concerning the sale of alcoholic beverage in the downtown area, and is incompatible with the neighborhood use in light of the serious impacts already existing related to traffic and late night use. B. Based on the foregoing findings, the Town Council hereby grants the appeal and denies issuance of a conditional use permit. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of January, 1992 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: None SIGNED: c MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: i1 CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA