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Staff Report PREPARED BY: SALLY ZARNOWITZ Planning Manager Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 03/07/2017 ITEM NO: 9 DATE: MARCH 1, 2017 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-16-005. PROJECT LOCATION: 140 S. SANTA CRUZ AVENUE. PROPERTY OWNER: MICHAEL MOHR – COO METWEST PROPERTIES, LLC. APPLICANT: LG HOTEL LLC D.B.A. TOLL HOUSE. CONSIDER A REQUEST TO MODIFY 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. RECOMMENDATION: Adopt the attached resolution (Attachment 16) approving a request to modify an existing Conditional Use Permit to allow entertainment before 10:00 p.m. DISCUSSION: On February 21, 2017, the Town Council considered the application, received public comment, and approved the application subject to modified conditions. The Council continued the item to March 7, 2017 to allow staff to revise the Draft Resolution and Conditions of Approval. Additionally, the Council’s action required the preparation of an Operating Agreement which is included as Exhibit B of Attachment 16. Adoption of the attached Draft Resolution is required to finalize the Council’s February 21, 2017 decision. This action would authorize the Town Manager to approve this Operating Agreement and any modifications consistent with Town Codes and policies. Attachments previously received with February 21, 2017 Staff Report: 1. September 14, 2016 Planning Commission Staff Report (with Exhibits 1 -8) 2. September 14, 2016 Planning Commission Addendum (with Exhibit 9) PAGE 2 OF 2 SUBJECT: 140 S. SANTA CRUZ AVENUE / U-16-005 MARCH 1, 2017 S:\COUNCIL REPORTS\2017\03-07-17\S. Santa Cruz 140\Staff Report Final.docx 3/2/2017 12:01 PM 3. September 14, 2016 Planning Commission Verbatim Minutes (65 pages) 4. November 9, 2016 Planning Commission Staff Report (with Exhibits 10-13) 5. November 9, 2016 Planning Commission Addendum (with Exhibit 14) 6. November 9, 2016 Planning Commission Verbatim Minutes (86 pages) 7. January 11, 2017 Planning Commission Staff Report (with Exhibits 14-16) 8. January 11, 2017 Planning Commission Addendum (with Exhibits 17-18) Note: Exhibit 17 was originally identified as Exhibit 14 and renumbered due to inadvertently being omitted from the January 11, 2017 Staff Report. 9. January 11, 2017 Planning Commission Verbatim Minutes (66 pages) 10. Draft Resolution to Approve the project (includes Exhibit A – Conditions of Approval) 11. Draft Resolution to Remand the project to the Planning Commission 12. Draft Resolution to Deny the project 13. Public Comments received by 11:00 a.m., Thursday, February 16, 2017 14. Communication from the Applicant (seven pages), received February 15, 2017 Attachments previously received with February 21, 2017 Desk Item: 15. Public Comments received between 11:01 a.m., Thursday, February 16, 2017 and 11:00 a.m., Tuesday, February 21, 2017 Attachments received with this Staff Report: 16. Revised Draft Resolution to approve the project (includes Exhibit A – Conditions of Approval, and Exhibit B – Operating Agreement) 17. Public Comments received between 11:01 a.m., Tuesday, February 21, 2017 and 11:00 a.m., Thursday March 2, 2017 Distribution: LG Hotel, LLC, D.B.A. Toll House, 140 S. Santa Cruz Avenue, Los Gatos, CA 95030 Michael Mohr, Coo MetWest Properties, LLC, 11100 Santa Monica Blvd., Ste. 1700, Los Angeles, CA 90025