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12 Desk Item - Application to Operate Formula Retail Storetrj N 0 !ps G ASKS DATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT SEPTEMBER 18, 2006 MEETING DATE: 9/18/2006 ITEM NO. 12 DESK ITEM MAYOR AND TOWN COUNCIL DEBRA FIGONE, TOWN MANAGER ADOPT RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS UPHOLDING A DECISION OF THE PLANNING COMMISSION DENYING AN APPLICATION TO OPERATE A FORMULA RETAIL STORE Attached letter from William D. Ross dated September 18, 2006 on behalf of Vittoria Management, Inc., and Santa Cruz Real, LLC regarding Agenda Item No. 12. PREPARED BY: NAMMMU yama\Staff Reports\deskitem91806-pd Reviewed by: Attorney Assistant Town Manager Finance Revised: 9/18/06 6:01 pm ORRY KO Town Attorney Reformatted: 7/14/99 09/18/2006 16:44 2138921519 WILLIAM ROSS PAGE 02/02 William D. Rncr Law Offices of Kypro G. Rmtetter Joseph Bakshandch yr iWam D. Ross A Professional Corporation 520 South Grand Avenue, Suite 300 Los Angeles, CA 90071-21110 Telephone: (213) 892-1592 Faesimlle: (213) $92-1519 September 18, 2006 VIA ELECTRONIC TRANSMISSION & .FACSIMILE Ms. Nanette Kiel Assistant to the Town. Clerk Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Paco Alto Office: 400 Lambert Street Palo AIM, California 94306 Triephonc: (650) 843.8080 Facsimile: (61;0)84340" Pile No.: 449/3 Re: A enda Item No.12 ecial Meeti Town Council, tember l 8 2006 Dear Ms. Kiel: This communication is forwarded on behalf of Vittoria Management, Inc., and Santa Cruz Real, LLC. We have read and reviewed, the proposed Resolution with respect to the Planning Commission recommendation of denial and would note for purposes of the record that substantial evidence exists in the record for the contrary finding of approval both with respect to General. Plan consistency and with respect to all aspects of the Town Code applicable to the Application. Please ensure that this communication is contained in the record on this matter.. Very truly yours, William D. Ross WDR:mgl cc: Mr. Alex Giovannotto Sal Giovannotto G:\449.003\LTR.\Kiel (Town, of Los Gatos) 091806.wpd