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Attachment 5 RESOLUTION 2018- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING 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 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 ATTACHMENT 5 Draft Resolution to be modified by Town Council deliberations and direction. 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. Pursuant to Town Code section 29.20.190, the request for a modification to an existing CUP to allow wine and beer tasting within an existing supermarket 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 December 18, 2018 Council meeting, including all written materials and testimony regarding this application. NOW, THEREFORE, BE IT RESOLVED: 1. The request to modify an existing CUP to allow wine and beer tasting within an existing supermarket is denied. 2. 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: S:\COUNCIL REPORTS\2018\12-18-18\CUP 720 BHR\Attachment 5 - Draft Resolution to Deny the Application.docx This Page Intentionally Left Blank