Attachment 5RESOLUTION 2017-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING 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
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
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 5
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; and
WHEREAS, Council finds as follows:
A. Pursuant to Town Code section 29.20.190, the request for a CUP modification 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 June 6, 2017 Council meeting, including all
written materials and testimony regarding this application.
NOW, THEREFORE, BE IT RESOLVED:
1.The requested modification to the existing CUP to allow on-site 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 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
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