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Attachment 08ATTACHMENT 8 RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REMANDING A REQUEST FOR GROUP COOKING CLASSES WITH BEER AND WINE SERVICE AND ALTERNATING USE OF PARKING ON PROPERTY ZONED C-2 TO THE PLANNING COMMISSION APN: 510-45-014 CONDITIONAL USE PERMIT APPLICATION: U-16-003 PROPERTY LOCATION: 22 S. SANTA CRUZ AVENUE APPLICANT: RICK AND SHELLEY BALLARD PROPERTY OWNER: RON M. TATE WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP) for group cooking classes with beer and wine service and alternating use of parking on property zoned C-2. WHEREAS, on May 11, 2016, the Planning Commission considered a request for approval of CUP application U-16-003 on property zoned C-2. The Planning Commission recommended approval of the request with new Conditions of Approval, finding that the proposed use of the property is essential or desirable to the public convenience in that it provides a cooking school service to Los Gatos residents, the proposed use will not impair the integrity and character of the zone because the proposed use is a commercial use and would be located in a commercial zone, the proposed use would not be detrimental to public health, safety or general welfare in that the conditions regarding the parking agreement, operating hours, and service of alcoholic beverages placed on the permit would maintain the welfare of the community, the proposed use of the property is in harmony w ith the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the May 11, 2016 Planning Commission Staff Report. Draft Resolution to be modified by Town Council deliberations and direction. 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 Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on June 7, 2016, along with any and all subsequent reports and materials prepared concerning this application. NOW, THEREFORE, BE IT RESOLVED: 1. CUP application U-16-003 for group cooking classes with beer and wine service and alternating use of parking 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 7th day of June, 2016, 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\2016\SSC-22_Remand.docx