Attachment 4 - Resolution Denying the Conditional Use PermitDraft Resolution to
RESOLUTION 2015- be modified by Town
Council deliberations
RESOLUTION OF THE TOWN COUNCIL and direction.
OF THE TOWN OF LOS GATOS
DENYING CONDITIONAL USE PERMIT APPLICATION U -13 -017
CONDITIONAL USE PERMIT APPLICATION: U -13 -017
PROPERTY LOCATION: 106 E. MAIN STREET (APN: 529 -34 -108)
PROPERTY OWNER: TOWN OF LOS GATOS; APPLICANT: MUSEUMS OF LOS
GATOS
WHEREAS, this matter came before the Town Council for public hearing January 20,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP) to
operate a museum (Museums of Los Gatos) and related activities on property zoned C -1:PD.
WHEREAS, on November 12 and December 10, 2014 the Planning Commission
considered a request for approval of CUP application U -13 -017 on property zoned C -1:PD. The
Planning Commission recommended approval of the request with modified Conditions of
Approval, finding that the proposed use of the property is essential or desirable to the public
convenience or welfare in that the use would provide the public art and history exhibits not
otherwise seen in Los Gatos; the proposed use will not impair the integrity and character of the
zone in that the use will be in a commercial zone and the proposed educational component is
consistent with other nearby uses; and the proposed use would not be detrimental to public
health, safety or general welfare in that conditions placed on the permit will 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 as discussed within the
November 12, 2014 Planning Commission Staff Report. The Planning Commission also found
the request is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. The Planning
ATTACHMENT 4
Commission also found for approving an application for a Conditional Use Permit to serve
alcoholic beverages past 10:00 p.m. in that the applicant does not have a history of complaints
and noncompliance with local ordinances or the Alcoholic Beverage Policy and the applicant
demonstrated a clear benefit to the community.
WHEREAS, Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. 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
their meeting on January 20, 2015, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. Pursuant to Town Code section 29.20.190, the request for a CUP 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 in the Council Agenda Report for its meeting on January 20,
2015, and incorporates the findings made by the Planning Commission on December 10, 2014,
regarding this application.
B. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED:
1. CUP application U -13 -017 to operate a museum (Museums of Los Gatos) and
related activities on property zoned C -1:PD is denied.
2. The decision constitutes a final administrative decision pursuant to 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 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 20a' day of January, 2015, 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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