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Staff Report PREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/18/2018 ITEM NO: 16 DATE: DECEMBER 13, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-008. PROJECT LOCATION: 720 BLOSSOM HILL ROAD. PROPERTY OWNER: RICE FAMILY LIVING TRUST. APPLICANT: LUNARDI’S SUPERMARKET, INC. 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. DEEMED COMPLETE: SEPTEMBER 17, 2018 FINAL DATE TO TAKE ACTION: MARCH 17, 2019 RECOMMENDATION: Adopt a resolution (Attachment 3) approving a modification of an existing Conditional Use Permit (CUP) to allow wine and beer tasting at Lunardi’s Supermarket . BACKGROUND: The applicant is requesting a modification of an existing CUP to allow wine and beer tasting at Lunardi’s Supermarket located in the Kings Court shopping center at the southeast corner of Los Gatos Boulevard and Blossom Hill Road. On October 10, 2018, the Planning Commission held a public hearing and recommended approval of the application, modifying the Conditions of Approval to limit wine and beer tasting events to no more than two consecutive hours, and no more than once per day (Attachment 3, Exhibit A, Condition 5). In accordance with the Town Code, the Council is the final deciding body for any new request for alcohol service. PAGE 2 OF 3 SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-008. PROJECT LOCATION: 720 BLOSSOM HILL ROAD. APPLICANT: LUNARDI’S SUPERMARKET, INC. REQUESTING APPROVAL FOR A MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT TO ALLOW WINE AND BEER TASTING ON PROPERTY ZONED C-1. APN 523-06-045. DATE: DECEMBER 13, 2018 S:\COUNCIL REPORTS\2018\12-18-18\CUP 720 BHR\Staff Report.docx DISCUSSION: A. Project Summary The applicant is requesting approval of a CUP modification to allow wine and beer tasting within the existing space of the supermarket. The applicant has provided a Letter of Justification/Business Description (Attachment 1, Exhibit 5) describing their requested modification. B. Planning Commission On October 10, 2018, the Planning Commission held a public hearing and recommended approval of the application with a condition of approval to limit tasting events to no more than once per day in a single two-hour period within the hours allowed for the activity by the license required by the California Department of Alcoholic Beverage Control. Attachment 2 contains the verbatim minutes for the Planning Commission meet ing. CONCLUSION: It is recommended that the Town Council adopt a Resolution (Attachment 3) approving the request for a CUP modification to allow wine and beer tasting at Lunardi’s Supermarket subject to the recommended conditions of approval (Attachment 3, Exhibit A). ALTERNATIVES: Alternatively, the Council may: 1. Adopt a Resolution to approve the application subject to modified or additional conditions of approval (Attachment 3, Exhibit A); or 2. Adopt a Resolution to remand the application to the Planning Commission with specific direction (Attachment 4); or 3. Adopt a Resolution to deny the application (Attachment 5). COORDINATION: The evaluation of the application was coordinated with the Building Division, Economic Vi tality, and the Parks and Public Works Department. PAGE 3 OF 3 SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-008. PROJECT LOCATION: 720 BLOSSOM HILL ROAD. APPLICANT: LUNARDI’S SUPERMARKET, INC. REQUESTING APPROVAL FOR A MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT TO ALLOW WINE AND BEER TASTING ON PROPERTY ZONED C-1. APN 523-06-045. DATE: DECEMBER 13, 2018 S:\COUNCIL REPORTS\2018\12-18-18\CUP 720 BHR\Staff Report.docx ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to the adopted Guidelines for the implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project is within an existing structure with no increase in floor area. A Notice of Exemption will not be filed. PUBLIC COMMENTS: No public comments have been received as of the writing of this report. Attachments: 1. October 10, 2018 Planning Commission Staff Report (with Exhibits 1-6) 2. October 10, 2018 Planning Commission Verbatim Minutes (21 pages) 3. Draft Resolution to Approve the Application (includes Exhibit A – Conditions of Approval) 4. Draft Resolution to Remand the Application to the Planning Commission 5. Draft Resolution to Deny the Application Distribution: Paul Lunardi, 432 North Canal Street, Unit #22, South San Francisco, CA 94080 Rice Family Trust, P.O. Box 369, Clements, CA 95227 This Page Intentionally Left Blank