2018-057 - Approve CUP modifications for Lunardi's 720 Blossom Hill RoadRESOLUTION 2018 -057
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST FOR A MODIFICATION OF AN
EXISTING CONDITIONAL USE PERMIT
TO ALLOW WINE AND BEER TASTING
ON PROPERTY ZONED C -1
APN:523 -06 -045
CONDITIONAL USE PERMIT APPLICATION: U -18 -008
PROPERTY LOCATION: 720 BLOSSOM HILL ROAD
PROPERTY OWNER: RICE FAMILY LIVING TRUST
APPLICANT: LUNARDI'S SUPERMARKET, INC.
WHEREAS, the applicant requests approval of a modification of an existing Conditional
Use Permit (CUP) to allow wine and beer tasting on property zoned C -1; and
WHEREAS, on October 10, 2018, the Planning Commission considered a CUP
application, U -18 -004, requesting to modify an existing CUP on property zoned C -1.
WHEREAS, the Planning Commission recommended approval of the request subject to
revised Conditions of Approval, finding that the proposed use of the property is desirable to the
public convenience in that it introduces a new use within an existing supermarket, providing a
more complete shopping experience to which customers have grown accustomed;_ the
proposed use will not impair the integrity and character of the zone in that the proposed use is
a commercial use in a commercial zone; the proposed use will not be detrimental to public
health, safety, or general welfare as the conditions placed on the permit would maintain the
welfare of the community; and 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 and as discussed
within the October 10, 2018, Planning Commission staff report; and
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Resolution 2018 -057 December 18, 2018
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on December 18, 2018; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
its meeting on December 18, 2018, along with any and all subsequent reports and materials
prepared concerning this application; and
WHEREAS, Council finds as follows:
A. The project is categorically exempt from environmental review pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
B. Pursuant to Town Code section 29.20.190:
1. The proposed use is desirable to the public convenience because it introduces a
new use within an existing supermarket, providing a more complete shopping
experience to which customers have grown accustomed; and
2. The proposed use will not impair the integrity of the zone, in that the proposed
use is a commercial use located in a commercial zone; and
3. The proposed use will not be detrimental to public health, safety or general
welfare, and the conditions placed on the permit will maintain the welfare of the
community; and
4. The proposed use is in harmony with the General Plan and Town Code.
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Resolution 2018 -057 December 18, 2018
NOW, THEREFORE, BE IT RESOLVED:
1. The request to modify an existing CUP to allow wine and beer tasting within an
existing supermarket is approved.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted.
3. The decision constitutes a final administrative decision pursuant to California 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 California 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 18`h day of December, 2018, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF THE TO TOS
LOS GATOS, CALIF RNIA
DATE: L I '� I
ATTEST: �Q�J�
TOWN CLERK OF T TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
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Resolution 2018 -057 December 18, 2018