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Attachment 06RESOLUTION 2019- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH BEER AND WINE SERVICE ON PROPERTY ZONED C-2 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 Commission proceedings and the packet of material contained in the Council Agenda Report for Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 6 its meeting on February 19, 2019, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, Council finds as follows: A.Pursuant to Town Code section 29.20.190, the request for a CUP for a restaurant with beer and wine service is not desirable to the public convenience; will impair the integrity and character of the zone; would be detrimental to public health, safety or general welfare; and is not in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. These findings are based on the evidence presented at the February 19, 2019 Council meeting, including all written materials and testimony regarding this application. NOW, THEREFORE, BE IT RESOLVED: 1.The requested CUP for a restaurant with beer and wine service is denied. 2.The decision constitutes a final administrative decision pursuant to California Code of Civil Procedure Section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by California Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law. 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 6 - Draft Resolution to Deny Application.docx This Page Intentionally Left Blank