Attachment 3 ResoDraft Resolution to
be modified by Town
Council deliberations
RESOLUTION 2015- and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST TO APPROVE CONDITIONAL USE PERMIT APPLICATION
U -14 -025.
APN: 529 -04 -083
CONDITIONAL USE PERMIT APPLICATION: U -14 -025
PROPERTY LOCATION: 165 LOS GATOS SARATOGA ROAD
PROPERTY OWNER: NICHOLAS AND SUEANNE GERA
APPLICANT: ALEXANDER HULT
WHEREAS, the applicant seeks approval for a modification of an existing Conditional
Use Permit (CUP) for a restaurant (Hult's) to construct and operate an outdoor dining patio with
full liquor service.
WHEREAS, on April 8, 2015, the Planning Commission considered the request to
modify the existing CUP. The Planning Commission recommended approval of the CUP subject
to the modified conditions.
WHEREAS, the Town Code requires any application for new or modification to the
service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests
for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific
use and its location.
WHEREAS, this matter came before the Town Council for public hearing on April 21,
2015, and was regularly noticed in conformance with State and Town law.
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
ATTACHMENT 8
Commission proceedings and the packet of material contained in the Council Agenda Report,
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 modification of the 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 21, 2015 Council meeting, including all written
materials and testimony regarding this application.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. CUP application U -14 -025 to modify an existing CUP for a restaurant (Hult's) to
construct and operate an outdoor dining patio with full liquor service on property zoned C -2 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 besought 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 21 st day of April 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
\: DE\' RESOS 2015 Dvny_165 l..GSR.dnc,e
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