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Attachment 6 RESOLUTION 2018- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REMANDING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH ALCOHOL SERVICE ON PROPERTY ZONED C-2:LHP TO THE PLANNING COMMISSION APN: 529-29-052 CONDITIONAL USE PERMIT APPLICATION: U-18-004 PROPERTY LOCATION: 21 COLLEGE AVENUE PROPERTY OWNER: SHARI FLICK APPLICANT: NICHOLAS DIFU WHEREAS, the applicant requests approval of a Conditional Use Permit (CUP) for a restaurant with alcohol service on property zoned C-2:LHP; and WHEREAS, on March 28, 2018, the Planning Commission considered CUP application, U- 18-004, a request for a CUP on property zoned C-2:LHP. WHEREAS, the Planning Commission recommended approval of the request subject to Conditions of Approval, finding that the proposed use of the property is desirable to the public convenience in that it will introduce a new dining option open to the public, thereby increasing the diversity of dining options in the 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 placed on the permit would maintain the welfare of the community; 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 28, 2018, Planning Commission staff report; and WHEREAS, this matter was regularly noticed in conformance with State and Town law Draft Resolution to be modified by Town Council deliberations and direction. and came before the Town Council for public hearing on April 17, 2018; and WHEREAS, the Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit d ocuments. 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 April 17, 2018, along with any and all subsequent reports and materials prepared concerning this application. NOW, THEREFORE, BE IT RESOLVED: 1. The requested CUP for a restaurant with alcohol service is remanded to the Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the application will be returned to the Planning Commission for further recommendation. The application will then be sent back to Council for a final decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of April, 2018, 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 S:\COUNCIL REPORTS\2018\04-17-18\21 College Avenue\Attachment 6 - Draft Resolution to Remand the project to the Planning Commission.docx