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Attachment 4RESOLUTION 2017- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REMANDING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW ON-SITE BEER AND WINE SERVICE ON PROPERTY ZONED CH:PD APN: 529-65-028 CONDITIONAL USE PERMIT APPLICATION: U-17-001 PROPERTY LOCATION: 681 BLOSSOM HILL, SUITE 100 PROPERTY OWNER: LINDA LESTER TRUST APPLICANT: LING HULLON ‘ WHEREAS, the applicant requests approval for a modification to an existing Conditional Use Permit (CUP) to allow on-site beer and wine service on property zoned CH:PD; and WHEREAS, on April 26, 2017 the Planning Commission considered CUP application, U- 17-001, to modify an existing CUP on property zoned CH:PD; and WHEREAS, the Planning Commission recommended approval of the request subject to Conditions of Approval, finding that the proposed use of the property is essential or desirable to the public convenience in that it will provide dining options for residents and visitors of the Town; 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 as the conditions regarding operating hours, seating, and alcohol service would mitigate potential impacts ; 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 and as discussed within the April 26, 2017, Planning Commission staff report; and Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 4 WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 6, 2017; 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 its meeting on June 6, 2017, along with any and all subsequent reports and materials prepared concerning this application. NOW, THEREFORE, BE IT RESOLVED: 1.The requested modification to the existing CUP to allow on-site beer and wine service is remanded to the Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the application will be returned to the Planning Commission for further recommendation. The application will then be sent back to Council for a final decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of June, 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:\DEV\RESOS\2017\681 Blossom Hill - Resolution Remand.docx This Page Intentionally Left Blank