2018-039 - Amend Sec 29.20.745 & suspending a portion of 29.20.755(2) regarding the assignment of duties to allow the DRC to approve certain modifications to restaurant CUP's for a period of 18 monthsRESOLUTION 2018 -039
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 APPROVE CERTAIN MODIFICATIONS TO EXISTING CONDITIONAL
USE PERMITS FOR RESTAURANTS FOR A PERIOD OF 18 MONTHS.
WHEREAS, many Conditional Use Permits 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 Conditional Use Permits to provide the ability
to revise obsolete language, innovate their existing businesses, 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WHEREAS, the Town recently rescinded the Alcohol Beverage Policy given that the State
of California's Alcohol Beverage Control has strict requirements and a process in place for the
review, control, and monitoring of all businesses that possess or apply to obtain 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)
Determine 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 29.20.750 identifies the role
of the Planning Commission, including but not limited to the following: Section 29.20.750 (8)
Determine Conditional Use Permit applications that are not assigned to the Development
Review Committee or the Town Council; and
1of3
Resolution 2018 -09 June 19, 2018
WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.755 identifies the role
of the Town Council, including but not limited to the following: Section 29.20.755 (2) Hears and
determines 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: The Town Council 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 approve certain modifications to existing Conditional Use
Permits for restaurants for a period of 18 months with the following provisions:
1. Restaurants
The Development Review Committee may issue approval of modifications to an
existing Conditional Use Permit for a restaurant use as defined by Town Code
Section 29.10.020 in any commercial zone; and
2. Locations
Restaurants with existing Conditional Use Permits may apply for modification of a
Conditional Use Permit within the existing commercial space inclusive of both indoor
and outdoor /patio areas at the same address (new restaurants or restaurants
combining 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
application and pay the associated fees adopted within the fee schedule.
2of3
Resolution 2018 -09 June 19, 2018
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 191" day of June, 2018 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA /
DATE: i;
ATTEST:
CLERK ADM NISTOATI OR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: Q LK
3of3
Resolution 2018 -09 June 19, 2018