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Attachment 10 ATTACHMENT 10 RESOLUTION 2017- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW ENTERTAINMENT BEFORE 10:00 P.M. ON PROPERTY ZONED C-2:PD APN: 510-45-064 AND 065 CONDITIONAL USE PERMIT APPLICATION: U-16-055 PROPERTY LOCATION: 140 S. SANTA CRUZ AVENUE PROPERTY OWNER: MICHAEL MOHR – COO METWEST PROPERTIES, LLC APPLICANT: LG HOTEL LLC D.B.A. TOLL HOUSE ‘ WHEREAS, the applicant seeks approval for a modification to an existing Conditional Use Permit (CUP) to allow entertainment before 10:00 p.m. on property zoned C-2:PD. WHEREAS, on September 14, 2016, November 9, 2016, and January 11, 2017, the Planning Commission considered a CUP application, U-16-055, to modify an existing CUP on property zoned C-2:PD. The Planning Commission recommended approval of the request with modified Conditions of Approval, finding that the proposed use of the property is essential or desirable to the public convenience in that it will allow entertainment before 10:00 p.m. for patrons; the proposed use will not impair the integrity and character of the zone in that the proposed use is a commercial use and is located in a commercial zone ; the proposed use will not be detrimental to public health, safety, or general welfare in that the proposed modification will comply with the Town’s Entertainment Policy which allows entertainment that complies with the noise ordinance by right before 10:00 p.m.; and the proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the September 14, 2016 Planning Commission Staff Report. Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 10 WHEREAS, this matter came before the Town Council for public hearing on February 21, 2017, and was regularly noticed in conformance with State and Town law. 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 their meeting on February 21, 2017, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. B. Pursuant to Town Code section 29.20.190: 1. The proposed use is desirable to the public convenience and welfare in that it will allow entertainment before 10:00 p.m. for patrons; and 2. The proposed use will not impair the integrity of the zone, in that the proposed modification will comply with the Town’s Entertainment Policy which allows entertainment that complies with the currently adopted noise ordinance by right before 10:00 p.m.; and 3. The proposed use will not be detrimental to public health, safety, or general welfare, as the conditions regarding operating hours and seating on the permit will mitigate potential impacts; and 4. The proposed use is in harmony with the General Plan and Town Code . ATTACHMENT 10 C. The CUP is in conformance with Planned Development Ordinance 2058. D. That the proposed project is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated commercial and the proposed use falls under general commercial uses. NOW, THEREFORE, BE IT RESOLVED: 1. The modification to an existing CUP to allow entertainment before 10:00 p.m. is approved. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for this permit. 3. The decision constitutes a final administrative decision pursuant to 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 Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law. ATTACHMENT 10 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of February, 2017, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 10 TOWN COUNCIL – February 21, 2017 DRAFT MODIFIED CONDITIONS OF APPROVAL: 140 S. Santa Cruz Avenue Conditional Use Permit Application U-16-005 Requesting a modification to an existing Conditional Use Permit to allow entertainment before 10:00 p.m. on property zoned C-2:PD. APNs 510-45-064 and - 065. PROPERTY OWNER: Michael Mohr – Coo MetWest Properties, LLC APPLICANT: LG Hotel LLC D.B.A. Toll House TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR: Planning Division 1. ALCOHOLIC BEVERAGES: So long as this establishment serves alcoholic beverages it shall be subject to the following: a. Uniformed privately provided security guards may be required in or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner. b. At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department for on -going employee training on alcoholic beverage service to the general public. c. This establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. d. The licensed operator shall have and shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. e. Taxicab telephone numbers shall be posted in a visible location. 2. TOTAL SEATING: Total seating shall not exceed 130. 3. OUTDOOR SEATING: Outdoor seating shall not exceed 36. 4. ALCOHOLIC BEVERAGES: Alcoholic beverages may be served. 5. OUTDOOR SEATING USE: The outdoor seating shall not be used for banquet, reception or conference purposes. 6. OUTDOOR MEAL SERVICE HOURS: Meal service outdoors shall be limited from 7:00 a.m. to 10:00 p.m. 7. ENTERTAINMENT: No music, entertainment or amplified sound shall be allowed in the courtyard. 7. ENTERTAINMENT: Entertainment before 10:00 p.m. in conformance with the Town Policy Regulating Late Night Entertainment is allowed on Fridays, Saturdays, and Sundays only. 8. NOISE ASSESSMENT: The owner shall implement, at their cost, all recommendations identified in the Noise Assessment, dated October 4, 2016, completed by Charles M. EXHIBIT A ATTACHMENT 10 Salter Associates Inc. for the property, on file in the Community Development Department. Pursuant to the Noise Assessment, a maximum of two speakers shall be allowed to be setup on the north end of the courtyard facing south (i.e., inwards towards the hotel); and noise levels during entertainment shall be monitored at location C1 or C2 so as not to exceed the Town Noise Zone limits. The owner shall record the noise levels and maintain a noise meter log, to be provided to Town Staff upon request. 9. PERCUSSION: Live bands shall not have percussion instruments. 10. REVIEW: Town staff shall review the noise meter log one year from approval and report the findings to the Planning Commission. N:\SHARE\COUNCIL REPORTS\2017\02-21-17\S SANTA CRUZ 140\ATTACHMENT 10 -DRAFT RESOLUTION TO APPROVE THE PROJECT AND EXHIBIT A.DOCX