Attachment 09ATTACHMENT 9
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST FOR GROUP COOKING CLASSES
WITH BEER AND WINE SERVICE AND ALTERNATING
USE OF PARKING ON PROPERTY ZONED C-2
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 with 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.
WHEREAS, Council finds as follows:
A. Pursuant to Town Code section 29.20.190, the request for a 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 June 7, 2016 Council meeting, including all written
materials and testimony regarding this application
B. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
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 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 be sought 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 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
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