Attachment 12
ATTACHMENT 12
RESOLUTION 2017-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING 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 currently adopted 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. Pursuant to Town Code section 29.20.190;
1. The proposed use is not desirable to the public convenience and welfare; and
2. The proposed use will impair the integrity of the zone; and
3. The proposed use will be detrimental to public health, safety, or general welfare;
and
4. The proposed use is not in harmony with the General Plan and Town Code.
NOW, THEREFORE, BE IT RESOLVED:
1. The modification to an existing CUP to allow entertainment before 10:00 p.m. is
denied.
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
N:\SHARE\COUNCIL REPORTS\2017\02-21-17\S Santa Cruz 140\Attachment 12 -Draft Resolution to Deny the project.docx
ATTACHMENT 10
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