Attachment 3
RESOLUTION 2018-
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 accust omed; 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
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
ATTACHMENT 3
Draft Resolution to be
modified by Town
Council deliberations
and direction.
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.
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 18th day of December, 2018, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
CONDITIONS OF APPROVAL – November 20, 2018
Conditional Use Permit
720 Blossom Hill Road
Conditional Use Permit Application U-18-008
Requesting approval for a modification of an existing Conditional Use Permit
(Lunardi’s Supermarket) to allow wine and beer tasting on property zoned C-1.
APN 523-06-045.
APPLICANT: Lunardi’s Supermarket, Inc.
PROPERTY OWNER: Rice Family Living Trust.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below. Any changes or modifications to the approved plans shall be
approved by the Community Development Director, the Development Review Committee,
the Planning Commission, or the Town Council depending on the scope of the change(s).
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two years
from the date of approval unless it is used before expiration. Section 29.20.335 de fines
what constitutes the use of an approval granted under the Zoning Ordinance.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been
granted is discontinued for a period of one (1) year the approval lapses.
4. USE: The approved use is a grocery store with beer, wine, and liquor sales and wine and
beer tasting.
5. WINE AND BEER TASTING EVENTS: Wine and beer tasting events shall occur for no more
than two consecutive hours, and no more than once per day.
6. HOURS OF OPERATION: Hours of operation are limited to 7:00 a.m. to 9:00 p.m., daily.
7. DELIVERY HOURS: Deliveries at the rear of the market shall not occur between 11:00 p.m.
and 7:00 a.m. daily.
8. SHOPPING CARTS: Shopping carts shall be stored inside the building. The parking lot shall
be monitored so that the carts are brought inside when not in use.
9. REAR OF BUILDING: The rear of the building shall be kept clean and free of litter and
storage.
10. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires th at
any applicant who receives a permit or entitlement from the Town shall defend, indemnify,
and hold harmless the Town and its officials in any action brought by a third party to
overturn, set aside, or void the permit or entitlement. This requirement is a condition of
approval of all such permits and entitlements whether or not expressly set forth in the
approval, and may be secured to the satisfaction of the Town Attorney.
EXHIBIT A
S:\COUNCIL REPORTS\2018\12-18-18\CUP 720 BHR\Attachment 3 - Draft Resolution to Approve the Application.docx