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Attachment 05RESOLUTION 2019- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REMANDING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH BEER AND WINE SERVICE ON PROPERTY ZONED C-2 TO THE PLANNING COMMISSION APN: 510-45-061 CONDITIONAL USE PERMIT APPLICATION: U-18-020 PROPERTY LOCATION: 114 S. SANTA CRUZ AVENUE PROPERTY OWNER: 102 S. SANTA CRUZ AVENUE, LP APPLICANT: BRIAN EDWARDS WHEREAS, the applicant requests approval of a Conditional Use Permit (CUP) for a restaurant with beer and wine service on property zoned C-2; and WHEREAS, on January 9, 2019, the Planning Commission considered CUP application U-18-020, a request for a CUP on property zoned C-2; and WHEREAS, the Planning Commission recommended approval of the request subject to revised Conditions of Approval, finding that the proposed use of the property is desirable to the public convenience in that it will introduce a new use within an existing commercial building which provides a family friendly business and an outdoor seating area in the downtown area adjacent to the Town Plaza to serve as a destination location; the proposed use will not impair the integrity and character of the zone in that the proposed use is a commercial use in a commercial zone; the proposed use will not be detrimental to public health, safety, or general welfare because the conditions will address any potential impacts, including the proposed hours of operation and delivery times; and the proposed use of the property is in harmony with the objectives of the General Plan and the Town Code and as discussed within the January 9, 2019, Planning Commission staff report; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on February 19, 2019; and WHEREAS, the Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 5 Commission proceedings and the packet of material contained in the Council Agenda Report for its meeting on February 19, 2019, along with any and all subsequent reports and materials prepared concerning this application. NOW, THEREFORE, BE IT RESOLVED: 1.The requested CUP for a restaurant with beer and wine service is remanded to the Planning Commission for further consideration . 2.The decision does not constitute a final administrative decision and the application will be returned to the Planning Commission for further recommendation. The application will then be sent back to Council for a final decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of February, 2019, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: TOWN CLERK oF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ S:\COUNCIL REPORTS\2019\02-19-19 Interviews\11 114 SSC - Hapa's Brewing Co\Attachment 5 - Draft Resolution to Remand Application to Planning Commission.docx