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Attachment 11 of 3 Resolution 20 18 - June 19 , 2018 RESOLUTION 20 18 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REGARDING TOWN CODE SECTION 29.20.745 AND SUSPENDING A PORTION OF 29.20.755 (2) REGARDING THE ASSIGNMENT OF DUTIES TO ALLOW THE DEVELOPMENT REVIEW COMMITTEE TO APPROV E CERTAIN MODIFICATIONS TO EXISTING CONDITIONAL USE PERMITS FOR RESTAURANTS FOR A PERIOD OF 18 MONTHS. WHEREAS, many C onditional U se P ermit s for restaurants in the Town of Los Gatos have been in place for many years and contain language that is either contradictory to current Town Code and policies, or inconsistent with current business models ; and WHEREAS, additional commercial spaces are increasing the inventory through new developments in Los Gatos , creating more opportunity for commercial uses ; and WHEREAS, providing an 18 -month time period in which businesses defined as a restaurant may apply for modifications to existing C onditional U se P ermit s to provide t he ability to revise obso lete language, innovate their existing business es , and /or make other adjustments within the existing business location and square footage ; and WHEREAS, the Town recently adopted a Town Code amendment to adjust seating and parking requirements for restaurants and revised policies allowing outdoor seating and entertainment for businesses , given policy parameters are met and proper Town permits obtained; and WHEREAS, the Town recently rescinded the Alcohol Beverage Policy given that the S tate o f California’s Alcohol Beverage Control has strict requirements and a process in place for th e review, control, and monitor ing of all businesses that possess or apply to ob tain a permit to sell alcoholic beverages on - and off -site ; and WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.745 identifies the role of the Development Review Committee, including but not limited to : Section 29.20.745 (16) D etermine and issue zoning approval for minor restaurants that are located outside of the Downtown (C -2 zone); and WHEREAS, the Town of Los Gatos Municipal Code sets forth the public hearing and noticing requirements for the Development Review Committee and any appeals of its decisions; and WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.75 0 identifies the role of the Planning Commission, including but not limited to the following: Section 29.20.75 0 (8 ) D etermine Conditional Use Permit applications that are not assigned to the Development Review Committee or the Town Council ; and ATTACHMENT 1 2 of 3 Resolution 20 18 - June 19 , 2018 WHEREA S, the Town of Los Gatos Municipal Code Section 29.20.75 5 identifies the role of the Town Council, including but not limited to the following: Section 29.20.755 (2) H ear s and determine s Planning Commission recommendations for the adoption or amendment of the general plan or any specific plans and conditional use permits for establishments selling alcoholic beverages for on premises consumption . NOW, THEREFORE, BE IT RESOLVED: T he Town C ouncil of the Town of Los Gatos suspends a portion of 29.20.755 (2) regarding the assignment of duties to allow the Development Review Committee to approv e certain modifications to existing Conditional U se P ermit s for restaurants for a period of 18 months w ith the following provisions : 1. Restaurants T he Development Review Committee may issue approval of modifications to a n existing C onditional U se P ermit for a restaurant use as defined by Town Code Section 29.10.020 in any commercial zone ; and 2. Locations Restaurants with existing C onditional U se P ermit s may apply for modification of a C onditional U se P ermit within the existing commercial space inclu sive of both indoor and outdoor /patio area s at the same address (new restaurants or restaurants c ombining two or more commercial spaces would require full review by either the Planning Commission or Town Council ); and 3. Development Review Application To apply for the modification, businesses must complete the Development Review a pplication and pay the associ ated fee s adopted within the fee schedule . 3 of 3 Resolution 20 18 - June 19 , 2018 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, on the 19 th day of June, 2018 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________