Attachment 7
RESOLUTION 2018-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST FOR A CONDITIONAL USE PERMIT
FOR A RESTAURANT WITH ALCOHOL SERVICE
ON PROPERTY ZONED C-2:LHP
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 hearin g 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 documents. 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; and
WHEREAS, Council finds as follows:
A. Pursuant to Town Code section 29.20.190, the request for a CUP for a restaurant
with alcohol service 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 17, 2018 Council
meeting, including all written materials and testimony regarding this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The requested CUP for a restaurant with alcohol service 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 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
N:\DEV\RESOS\2018\College Avenue, 21 - Resolution Deny.docx