720 Blossom Hill Rd - Staff Report and Exhibits 1-6
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: 10/10/2018 ITEM NO: 3
DATE: OCTOBER 2, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR 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, 2018
RECOMMENDATION:
Forward Conditional Use Permit (CUP) application U-18-008 to the Town Council with a
recommendation of approval.
PROJECT DATA:
General Plan Designation: Mixed-Use Commercial
Zoning Designation: Neighborhood Commercial, C-1
Applicable Plans & Standards: General Plan
Parcel Size: 295,336 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Mixed-Use Commercial and Office C-1 and O
East Residential Mixed-Use Commercial R-M:12-20:PD
South Residential and Commercial Residential and Mixed-Use Commercial R-1:8 and CH
West Commercial Mixed-Use Commercial CH
PAGE 2 OF 6 SUBJECT: 720 BLOSSOM HILL ROAD/U-18-008 OCTOBER 2, 2018
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CEQA:
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.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing
Facilities.
As required by Section 29.20.190 of the Town Code for granting a CUP.
ACTION:
Forward CUP application U-18-008 to the Town Council with a recommendation of approval.
BACKGROUND:
The subject site is located on the south side of Blossom Hill Road, east of Los Gatos Boulevard
(Exhibit 1). On February 11, 2015, the Planning Commission approved a CUP (U-14-007) to
allow an expansion of the existing supermarket into adjacent retail space (Exhibit 4).
The proposed tasting area would be located within the existing wine storage room of Lunardi’s.
The supermarket has completed several additions and modifications over the last 20 years, and
received approval to sell beer, wine, and liquor in 1989.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project is located at the Kings Court shopping center at the southeast corner of Los
Gatos Boulevard and Blossom Hill Road (Exhibit 1). The adjacent properties to the north are
developed with commercial buildings and are zoned C-1 and O, while the adjacent
properties to the south are developed with a commercial building and single-family
residences and are zoned C-1 and R-1:8 respectively. The adjacent property to the east is
developed with a senior continuum of care facility and is zoned R-M:12-20:PD, while the
adjacent properties to the west are developed with commercial buildings and are zoned CH.
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PROJECT DESCRIPTION (continued):
B. Project Summary
The applicant is requesting approval of a Conditional Use Permit (CUP) modification to allow
wine and beer tasting within the existing space of the supermarket.
When reviewing a CUP, the deciding body should consider the information in the applicant’s
Business Description; however, the key consideration should be the proposed use since the
Business Description can change from owner to owner. The CUP runs with the land, and the
deciding body should review applications based on the use as opposed to the applicant or
the applicant’s Business Description.
C. Zoning Compliance
The proposed wine and beer tasting would be considered ancillary to the supermarket use,
both of which are allowed with a CUP in the C-1 zone. Section 29.20.755(1) requires the
Town Council to consider Planning Commission recommendations on CUPs for
establishments serving alcoholic beverages.
DISCUSSION:
A. Conditional Use Permit Application
The applicant proposes to renovate an existing interior space currently used for wine
storage to allow wine and beer tasting (Exhibit 6). The project would be limited to interior
tenant improvements and would not impact the exterior appearance of the store. The
applicant has provided a Letter of Justification/Business Description (Exhibit 5) and
Development Plans (Exhibit 6) describing operational details for the proposed use.
The applicant indicates that the tasting events would be limited to wine and beer only and
would take place over a maximum four-hour period, from 10:00 a.m. to 2:00 p.m. Tasting
events could take place on any day of the week but would be limited to no more than three
events per week. Consistent with California Alcoholic Beverage Control (ABC) requirements,
the location of the tasting event would be limited to the dedicated tasting room, which
would be staffed with a store employee or a designated representative of the authorized
licensee.
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DISCUSSION (continued):
B. Parking and Traffic
The commercial space is currently occupied by a retail business (Lunardi’s Supermarket)
within an existing shopping center and there would be no increase in traffic impacts or
required parking.
C. Conditional Use Permit Findings
In order to grant approval of a CUP, the deciding body must make the following findings:
1. The proposed use of the property is essential or desirable to the public convenience or
welfare; and
2. The proposed use would not impair the integrity and character of the zone; and
3. The proposed use would not be detrimental to public health, safety, or general welfare;
and
4. 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.
With regards to the first finding, the use, if approved as proposed, will introduce a new use
within an existing supermarket, providing a more complete shopping experience to which
customers have grown accustomed. With regards to the second finding, the use will not
impair the integrity of the zone because the use is a commercial use and is located in a
commercial zone. With regards to the third finding, the use will not be detrimental to
public health safety or general welfare because the conditions will address any potential
impacts. With regards to the final finding, the proposed use meets the objectives of the
General Plan and Town Code as discussed within this report.
D. General Plan
The wine and beer tasting use is consistent with the Mixed-Use Commercial General Plan
land use designation for the property which envisions a mixture of retail, office, and
residential uses in a mixed-use setting, along with lodging, service, auto-related businesses,
non-manufacturing industrial uses, recreational uses, and restaurants. The proposed
project would have no exterior impacts, maintaining the small-town, residential scale and
natural environments of adjacent residential neighborhoods.
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DISCUSSION (continued):
The goals and policies of the 2020 General Plan applicable to this project include, but are
not limited to:
• Policy LU-2.1 – Minimize vehicle miles traveled for goods and services by allowing and
encouraging stores that provide these goods within walking distance of neighborhoods
in Los Gatos.
• Goal LU-9 – To provide residents with adequate commercial and industrial services.
• Policy LU-9.2 – Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
commercial centers to meet the shopping needs of residents and to preserve the small-
town atmosphere.
E. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15301: Existing Facilities.
No significant effect on the environment will occur since the project uses an existing
structure with no increase in floor area.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At the time of this report’s preparation, the Town has not received any public
comments.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The applicant is requesting approval of a modification to an existing CUP to allow for wine
and beer tasting within the existing space of the supermarket. No additional square footage
is being proposed; therefore, there would be no increase in traffic impacts or required
parking. The proposed use would be in conformance with the Town Code and is consistent
with the General Plan.
B. Recommendation
Based on the analysis above, staff recommends approval of the application subject to the
recommended conditions of approval (Exhibit 3). If the Planning Commission finds merit
with the proposed project, it should:
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CONCLUSION AND RECOMMENDATION (continued):
1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the
California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a CUP (Exhibit 2); and
3. Forward a recommendation to Town Council for approval of CUP application U-18-008
with the conditions contained in Exhibit 3.
ALTERNATIVES:
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Recommend that the Town Council approve the application with additional and/or
modified conditions of approval; or
2. Recommend that the Town Council deny the application; or
3. Continue the application with direction to a specific hearing date.
EXHIBITS:
1. Location Map
2. Required Findings (one page)
3. Recommended Conditions of Approval (one page)
4. Existing Conditional Use Permit (U-14-007) (one page)
5. Letter of Justification/Business Description, dated March 21, 2018 (one page)
6. Development Plans, received August 27, 2018 (three pages)
Distribution:
Paul Lunardi, 432 North Canal Street, Unit #22, South San Francisco, CA 94080
Rice Family Trust, P.O. Box 369, Clements, CA 95227
LOS GATOS BLSHANNON RD
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720 Blossom Hill Road
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Lunardi'sSupermarket
EXHIBIT 1
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PLANNING COMMISSION – October 10, 2018
REQUIRED FINDINGS AND CONSIDERATIONS:
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.
FINDINGS
Required Finding for CEQA:
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 uses an
existing structure with no increase in floor area.
Required findings for a Conditional Use Permit:
As required by Section 29.20.190 of the Town Code for approval of a Conditional Use
Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
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 would not impair the integrity of the zone, in that the proposed
use is a commercial use and would be located in a commercial zone; and
3.The proposed use would not be detrimental to public health, safety or general
welfare, and the conditions placed on the permit would maintain the welfare of the
community; and
4.The proposed use is in harmony with the General Plan and Town Code.
EXHIBIT 2
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CONDITIONS OF APPROVAL – October 10, 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 defines
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 no more than
three (3) times per week, between the hours of 10:00 a.m. and 2:00 p.m.
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 that
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 3
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CONDITIONS OF APPROVAL – February 11, 2015
Conditional Use Permit
720 Blossom Hill Road
Conditional Use Permit Application U-14-007
Requesting approval to expand and existing grocery store into existing adjacent retail
space (S-14-018) and to modify the existing Conditional Use Permit (U-14-007) on property
zoned C-1. APN 523-06-045.
PROPERTY OWNER: Richard C. Conger
APPLICANT: Lunardi’s Market, Tony Lucia
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 defines
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.
5. HOURS OF OPERATION: Hours of operation are limited to 7:00 a.m. to 9:00 p.m., daily.
6. DELIVERY HOURS: Deliveries at the rear of the market shall not occur between 11:00
p.m. and 7:00 a.m. daily.
7. 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.
8. REAR OF BUILDING: The rear of the building shall be kept clean and free of litter and
storage.
9. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that 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 4
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March 21, 2018
Town of Los Gatos
C/0 Ms. Jennifer T. C. Armer, Senior Planner
Community Development Department
110 East Main Street
Los Gatos, Ca 95030
This submitted project letter will detail Lunardi's request to modify Lunardi's Supermarket, Inc. existing
Conditional Use Permit at our store location, 720 Blossom Hill Road, Los Gatos, Ca. The operational
details are as such:
1. The tasting will be Wine and Beer samples only,
2. The hours of the proposed public tasting at the Lunardi's Los Gatos store will be during our
normal store business hours, 7:00 am to 9:00 pm,
3. The Tasting event itself will occur over a maximum period of 4 hours during any given event
and during the period between 10:00 am to 2:00 pm,
4. The tasting event may occur 2 to a maximum of 3 times a week, although this public tasting
event will not necessarily occur weekly,
5. There will be no charge for any sampling,
6. The tasting event wlll take place in a confined designed area within the store known as the
'Wine Tasting Room" as described on the store diagram map,
7. This "Wine Tasting Room" is constructed with 3 permanent walls, with a permanent
counter, built-in dishwasher, plumbing for sink fixtures for cleaning, tables and seating
chairs,
8. This "Wine Tasting Room" during the "'Tasting Event" will be open to the general public of
legal age, otherwise this room will not be used for any other purposes except for
merchandise displaying,
9. This 'Wine Tasting Room" will be manned by store personnel (over legal age) and a
representative of the beer and wine vendor,
10. The consumption of the beer or wine sample will be confined to this 'Wine Tasting Room"
only and not allowed in other parts of the store,
11. The sample pours for beer and wine will be a maximum pour of 1 ounces
Hopefully this description of the "Wine Tasting at Los Gatos Market'' will sufficiently describes our
intended operation for modify the existing conditional use permit at this location. If you have any
questions please feel free to call our Beer/Wine Supervisor, Mr. Phil Jordan, at (408) 569-1408 or our
main office at (650} 588-7507.
Sincerely,
IJ~·
Paul Lunardi
Vice President
SPRUCE BUSINESS PARK • 432 NORTH CANAL STREET, #22 • SOUTH SAN FRANCISCO, CA 94080
(650) 588-7507 • FAX (650) 588-0811
EXHIBIT 5
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Beer 13A Crackers 5A Ice C[eam 68 Pasta 3A Spices 38
Beverage 10NB Croutgns 28 Ice Gream Cooes End of 68 E;:ista Sauce 3A Sponges 4A
Beverage, Cold 13A .Cups 78 Ice Cream Top(!ings End of 68 Peanut Butter 1B Starch, Laundry 4A
Bird Seed 48 Stationary 7A Insecticides 4A Pet Foods 48
Bleach 4A Dairy Back of store Stuffing Mix 18 Pet SupDlies 48 Bouilloo Cubes 38 Deodorant 7A Jams/Jellies 18 Pickles 28 / 58 SJJ.ga.r 9A
Bread 1B Dish Deter.,M.nt 4A Syrup 9_A Juices 88 Picnic Su1mlies 78 Bread Baker 1B Detergeots 4A Juices, Refrigernted Back of store Eie Fillings 8B L 9A Brooms 46 Diar;iern 48 Iea 98 Pimientos 2A Bulk Food 1A Diet FQod 9A Tomatoes 2A ·-Kosher Foods 1A Plates 78 Dog Eood 48 Tgmatg Sauce 28 Plastic Wrap 78 Cake Mixes 9A Dried Fruits 88 ToothRaste 7A Laundry Supplies ~ Popcorn 11A C_aru1!J .J..A Tootbpicks 78
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720 Blossom Hill Rd, Los Gatos, CA 95032 I Store Phone: (408) 358-1731 I www.Lunardis.com
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