05 Attachment 2 - 2018-039 - Amend Sec 29.20.745 & suspending a portion of 29.20RESOLUTION 2018-039
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REGARDING
TOWN CODE SECTION 29.20.745 AND SUSPENDING A PORTION OF 29.20.755(2)
REGARDING THE ASSIGNMENT OF DUTIES TO ALLOW THE DEVELOPMENT REVIEW
COMMITTEE TO APPROVE CERTAIN MODIFICATIONS TO EXISTING CONDITIONAL
USE PERMITS FOR RESTAURANTS FOR A PERIOD OF 18 MONTHS.
WHEREAS, many Conditional Use Permits for restaurants in the Town of Los Gatos have
been in place for many years and contain language that is either contradictory to current Town
Code and policies, or inconsistent with current business models; and
WHEREAS, additional commercial spaces are increasing the inventory through new
develop ments in Los Gatos, creating more opportunity for commercial uses; and
WHEREAS, providing an 18-month time period in which businesses defined as a
restaurant may apply for modifications to existing Conditional Use Permits to provide the abil_ity
to revise obsolete language, innovate their existing businesses, and/or make other adjustments
within the existing business location and square footage; and
WHEREAS, the Town recently adopted a Town Code amendment to adjust seating and
parking requirements for restaurants and revised policies allowing outdoor seating and
entertainment for businesses, given policy parameters are met and proper Town permits
obtained; and
WHEREAS, the Town recently rescinded the Alcohol Beverage Policy given that the State
of California's Alcohol Beverage Control has strict requirements and a process in place for the
review, control, and monitoring of all businesses that possess or apply to obtain a permit to sell
alcoholic beverages on-and off-site; and
WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.745 identifies the role
of the Development Review Committee, including but not limited to: Section 29.20.745 (16)
Determine and issue zoning approval for minor restaurants that are located outside of the
Downtown (C-2 zone); and
WHEREAS, the Town of Los Gatos Municipal Code sets forth the public hearing and
noticing requirements for the Development Review Committee and any appeals of its decisions;
and
WHEREAS, the Town of Los Gatos Municipal Code Section 29.20.750 identifies the role
of the Planning Commission, including but not limited to the following: Section 29.20.750 (8)
Determine Conditional Use Permit applications that are not assigned to the Development
Review Committee or the Town Council; and
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Resolution 2018 -09 June 19, 2018
ATTACHl\fENT 2