Attachment 21 of 3
Resolution 2019 - March 5, 2019
RESOLUTION 2019-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REGARDING TOWN CODE SECTION 29.20.745 AND
SUSPENDING A PORTION OF 29.20.755(2) REGARDING THE ASSIGNMENT OF DUTIES
TO ALLOW THE DEVELOPMENT REVIEW COMMITTEE TO APPROVE NEW
CONDITIONAL USE PERMITS FOR RESTAURANTS UNTIL DECEMBER 31, 2019.
WHEREAS, the Town of Los Gatos Town Council has an adopted strategic priority to
streamline Land Use and Economic Vitality policies; and
WHEREAS, the Town has recently experienced a high turnover in commercial spaces,
particularly in Downtown and have additional commercial spaces that will increase the
commercial space inventory through new developments in Los Gatos; and
WHEREAS, providing a 9-month period in which business uses defined as a Restaurant
as identified in Town of Los Gatos Municipal Code Section 29.10.020 may apply for a new
Conditional Use Permit to create more opportunities to attract businesses to Los Gatos; and
WHEREAS, by reassigning the duties to the Development Review Committee, the impact
of cost and process time on prospective businesses is drastically decreased and more closely
aligned with neighboring jurisdictions which could provide an incentive for businesses to
consider locating Los Gatos; and
WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.745 identifies the role
of the Development Review Committee, including but not limited to: Section 29.20.745 (16)
Determine and issue zoning approval for minor restaurants that are located outside of the
Downtown (C-2 zone); and
WHEREAS, the Town recently rescinded the Alcohol Beverage Policy given that the State
of California’s Alcohol Beverage Control has strict requirements and a process in place for the
review, control, and monitoring of all businesses that possess or apply to obtain a permit to sell
alcoholic beverages on- and off-site; and
WHEREAS, the Town of Los Gatos Municipal Code sets forth the public hearing and
noticing requirements for the Development Review Committee and any appeal s of its decisions;
and
ATTACHMENT 2
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Resolution 2019 - March 5, 2019
WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.750 identifies the role
of the Planning Commission, including but not limited to the following: Section 29.20.750 (8)
Determine Conditional Use Permit applications that are not assigned to the Development
Review Committee or the Town Council; and
WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.755 identifies the role
of the Town Council, including but not limited to the following: Section 29.20.755 (2) Hears and
determines Planning Commission recommendations for the adoption or amendment of the
general plan or any specific plans and conditional use permits for establishments
selling alcoholic beverages for on premises consumption.
NOW, THEREFORE, BE IT RESOLVED: The Town Council of the Town of Los Gatos
suspends a portion of 29.20.755(2) regarding the assignment of duties to allow the
Development Review Committee to approve new Conditional Use Permits for restaurants until
December 31, 2019.
1. Restaurants
The Development Review Committee may issue new Conditional Use Permit for a
restaurant use as defined by Town Code Section 29.10.020 in any commercial zone;
and
2. Locations
New Conditional Use Permit applications for restaurants in conditionally permittable
commercial zones as identified in 29.20.185, Section 1- Commercial, (j) and (k); and
3. Development Review Application
To apply for a new conditional use permit, businesses must complete the
Development Review application and pay the associated fees adopted within the fee
schedule.
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Resolution 2019 - March 5, 2019
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 5th day of March, 2019 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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