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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 1of3 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. 2of3 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: 3of3 Resolution 2018 -057 December 18, 2018