Attachment 5ATTACHMENT 5
RESOLUTION 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 AND OFF-SITE BEER AND WINE SERVICE AND ENTERTAINMENT
BEFORE 10:00 P.M.
ON PROPERTY ZONED C-2:LHP
APN: 529-01-025
CONDITIONAL USE PERMIT APPLICATION: U-16-008
PROPERTY LOCATION: 91-101 W. MAIN STREET
PROPERTY OWNER: VERMONT BUILDING, LLC
APPLICANT: TERRI HOPE
‘
WHEREAS, the applicant requests approval for a modification to an existing Conditional
Use Permit (CUP) to allow on-site and off-site beer and wine and entertainment before 10:00
p.m. on property zoned C-2:LHP; and
WHEREAS, on March 8, 2017 the Planning Commission considered CUP application, U-
16-008, to modify an existing CUP on property zoned C-2:LHP. 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 and entertainment options for residents and visitors downtown; 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,
entertainment, 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 March 8, 2017 Planning Commission
Staff Report; and
Draft Resolution to be
modified by Town
Council deliberations
and direction.
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on April 18, 2017; and
WHEREAS, the Town Council approved the application subject to the Conditions of
Approval attached hereto as Exhibit A.
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 at the April 18, 2017 Council meeting, including all written
materials and testimony 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. The requested modification to the existing CUP to allow on-site and off-site beer and
wine service and entertainment before 10:00 p.m. 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 18th day of April, 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