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
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