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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 N:\DEV\RESOS\2016\SSC-22_Deny.docx