22 S. Santa Cruz Ave - Staff Report and Exhibits 1-4
PREPARED BY: JOCELYN SHOOPMAN
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
REPORT
MEETING DATE: 01/24/2018 ITEM NO: 2
DATE: JANUARY 17, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-16-003. PROJECT LOCATION: 22 S. SANTA CRUZ AVENUE. PROPERTY OWNER: RONALD M. TATE TRUSTEE. APPLICANT: RICK AND SHELLEY BALLARD. REQUIRED ONE YEAR REVIEW FOR THE APPROVED CONDITIONAL USE PERMIT FOR GROUP COOKING CLASSES (CUCINA BAMBINI) WITH BEER AND WINE SERVICE AND ALTERNATING USE OF PARKING ON PROPERTY ZONED C-2. APN 510-45-014
RECOMMENDATION:
Accept the report for the required one year review of the approved Conditional Use Permit for
group cooking classes (Cucina Bambini) with beer and wine service and alternating use of
parking.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District, C-2
Applicable Plans & Standards: General Plan
Parcel Size: 8,688 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Central Business District C-2
East Open Space and
Commercial
Open Space and Central
Business District
RC and C-2
South Commercial Central Business District C-2
West Residential and
Commercial
Central Business District and
Medium Density Residential
C-2 and
R-1D:LHP
PAGE 2 OF 3 SUBJECT: 22 S. SANTA CRUZ AVENUE/U-16-003 DATE: JANUARY 17, 2018
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BACKGROUND:
On May 11, 2016, the Planning Commission forwarded a recommendation of approval to the
Town Council for a Conditional Use Permit (CUP) for Cucina Bambini to operate group cooking
classes with beer and wine service and alternating use of parking. The Town Council approved
the CUP application on June 7, 2016. The Town Council modified the recommended conditions
of approval by the Planning Commission, to condition the CUP to return to the Planning
Commission one year from final occupancy to review the CUP and determine the application’s
compliance with the conditions of approval (Exhibit 2, Condition 10).
COMPLIANCE:
Neither the Town’s Community Development Department, the Police Department, nor the
applicants have received any complaints regarding the alternating use of parking, alcohol
service, or hours of operation. The applicants have submitted a letter describing that they have
not had any complaints or issues regarding compliance with the CUP (Exhibit 3).
PUBLIC COMMENTS:
Staff mailed a public notice to property owners and occupants within 300 feet of the subject
property. Public comments received by 11:00 a.m., Friday, January 19, 2018, are included
below in Attachment 4.
RECOMMENDATION:
Cucina Bambini has complied with all of the conditions of the CUP and staff is unaware of any
impacts or concerns related to the group cooking class use. Therefore, staff recommends the
Planning Commission accept the staff report and find that Cucina Bambini is in compliance with
the conditions of the CUP.
Alternatively, if the Commission believes there may be impacts or concerns associated with the
use, it should pull the item from the consent calendar for discussion. Depending on the
discussion, the Commission may request that the CUP be scheduled for modification or
revocation at a public hearing pursuant to Section 29.20.310 of the Town Code.
EXHIBITS:
1. Location Map
2. Existing Conditions of Approval (six pages)
3. Letter from Applicant (one page)
4. Public Comments received by 11:00 a.m., Friday, January 19, 2018
PAGE 3 OF 3 SUBJECT: 22 S. SANTA CRUZ AVENUE/U-16-003 DATE: JANUARY 17, 2018
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Distribution:
Rick and Shelley Ballard, 1041 Lincoln Avenue, San Jose, CA 95125
Ronald M. Tate, 22 S. Santa Cruz Avenue #2, Los Gatos, CA 95030
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EXHIBIT 1
CONDITIONS OF APPROVAL – June 7, 2016
22 S. Santa Cruz Avenue
Conditional Use Permit U-16-003
Requesting approval for a Conditional Use Permit to operate group cooking classes
(Cucina Bambini) with beer and wine service and alternating use of parking on
property zoned C-2. APN 510-45-014.
PROPERTY OWNER: Ronald M. Tate
APPLICANT: Ballard Schools, Inc.
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 and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Department Director, DRC, or the Planning Commission depending on the scope of the
changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
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 for group cooking classes with beer and wine service.
5. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 9:00 p.m. seven
days a week.
6. EMPLOYEES: A Cucina Bambini employee shall be present when non-employees teach a
class (i.e. guest chef).
7. NUMBER OF STUDENTS/CUSTOMERS AND STAFF/INSTRUCTORS: The number of
students/customers and staff/instructors on-site at any given time shall comply with the
Town Code and alternate use of parking for the required number of parking spaces.
8. DROP-IN SPACE: When the drop-in space is available, a staff member shall be dedicated
to supervise the area and assist customers.
9. ALCOHOL SERVICE: The service of beer and wine is permitted with only meals. A meal is
defined as a combination of food items selected from a menu (breakfast, brunch, lunch,
or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc.
(hot or cold) are not meals.
10. REVIEW: The Planning Commission shall review the CUP one year from final occupancy at
the cost of the applicant to review application’s compliance with the conditions of
approval.
11. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of
Santa Clara Department of Environmental Health for review prior to commencement of
use. The applicant shall provide a copy of the approval from the County of Santa Clara
Department of Environmental Health prior to commencing business or prior to issuance of
building permit.
12. SIGN PERMIT: A sign permit is required for any new signs or any change of existing signs.
EXHIBIT 2
13. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be
obtained prior to commencement of use.
14. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance
Department prior to commencement of use.
15. 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.
Building Division
16. PERMITS REQUIRED: A Tenant Improvement Building Permit shall be required for the
alteration to the existing commercial building. Separate permits are required for
electrical, mechanical, and plumbing work as necessary.
17. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the Building Permit application detailing how the Conditions of Approval
will be addressed.
18. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, max. 30” x 42”.
19. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (i.e. sticky backed) onto the plans including lighting compliance and
mandatory measures.
20. TITLE 24 ACCESSIBILITY – COMMERCIAL: For any proposed Tenant Improvements, on-site
parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. The building shall be upgraded to comply
with the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design Architect and then confirmed by Town staff. See Advisory
Comment 10.b.
21. TITLE 24 – FOOD PREPARATION FACILITY: Proper size grease interceptor shall be required
for any food preparation facility. The following agencies will review the grease
interceptor requirements before issuance of the Building Permit:
a. West Valley Sanitation District (WVSD): (408) 378-2407
b. San Jose/Santa Clara County Water Pollution Control Plant: (408) 945-3000
c. Santa Clara County Environmental Health Department: (408) 918-3479
22. DEPARTMENT OF ENVIRONMENTAL HEALTH CLEARANCE: Please provide evidence of
approval from Santa Clara County Environmental Health Department for the proposed
scope of work at this food preparation facility. Evidence shall be in the form of stamped
“approved” plans and/or a letter from the County Environmental Health Department
indicating their approval of the proposed project.
23. WATER POLLUTION CONTROL PLANT PRETREATMENT LETTER: This food preparation
facility requires certification and approval from the Environmental Services Department of
the San Jose/Santa Clara County Water Pollution Control Plant. Please contact the agency
directly at (408) 945-3000 to obtain application and certification requirements. Provide a
copy of the pretreatment letter for this project from the Environmental Services
Department to the Town Building Official, prior to permit issuance for the Tenant
Improvements. The Environmental Services Department will forward a copy of the
certification to the West Valley Sanitation District for verifying the grease interceptor
sizing.
24. PLANS: The construction plans for this commercial building tenant improvement shall be
prepared under the direct supervision of a California licensed Architect or Engineer.
25. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: Jocelyn Puga at (408) 354-6875
b. Santa Clara County Fire Department: (408) 378-4010
c. West Valley Sanitation District: (408) 378-2407
d. Santa Clara County Environmental Health Department: (408) 918-3479
26. ADVISORY COMMENTS for TENANT IMPROVEMENTS:
a. In addition to all new work complying with the Code for accessibility, when existing
Buildings are altered or remodeled they must be made accessible to persons with
physical disabilities in accordance with the CBC Section 11B-202, “Accessibility for
Existing Buildings”. Existing accessibility features and/or elements required to be
accessible in order of priority include: (a) Accessible main entrance with required
signage and proper door hardware that does not require tight grasping; (b) Accessible
route to altered area (including parking space and path of travel from public way);
(c) Accessible Restrooms; (d) Accessible indoor and outdoor seating
b. Where the cost of alterations or remodeling is less than a threshold amount (currently
at $150,244.00) and the cost to provide all those features listed above is
disproportionate to the improvement costs (i.e. more than 20% of the budget), then
the Owner is only required to provide disabled access upgrades to 20% of the budget
cost for alterations with the approval of the Building Official. Please obtain the Town
20% Rule Form from the Town Permit Counter or download from the Town of Los
Gatos website at www.losgatosca.gov and completely fill it out showing all the
required upgrades that will be provided and their costs. This form must be
permanently affixed (i.e. blue-lined, sticky-backed) to the plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
27. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept
clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be
washed into storm drainage facilities. The storing of goods and materials on the sidewalk
and/or the street will not be allowed unless an encroachment permit is issued. The
Applicant's representative in charge shall be at the job site during all working hours.
Failure to maintain the public right-of-way according to this condition may result in the
Town performing the required maintenance at the Applicant's expense.
28. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
29. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or
occupancy of any non-residential condominium space, the buyer or the new or existing
occupant shall apply to the Community Development Department and obtain approval for
use determination and building permit and obtain inspection approval for any necessary
work to establish the use and/or occupancy consistent with that intended.
30. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Applicant to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and Electric
(PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of
Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing
any permit.
31. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of the Applicant's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. The Applicant shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
32. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and/or sidewalk requires an encroachment permit. Special provisions such as limitations
on works hours, protective enclosures, or other means to facilitate public access in a safe
manner may be required.
33. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos,
Community Development Department.
34. SIDEWALK REPAIR: The Applicant shall repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. All new and existing
adjacent infrastructure must meet current ADA standards. Sidewalk repair shall match
existing color, texture and design, and shall be constructed per Town Standard Details.
New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified
that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole
expense and no additional compensation shall be allowed therefore. The limits of
sidewalk repair will be determined by the Engineering Construction Inspector during the
construction phase of the project. The improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued.
35. CURB AND GUTTER REPAIR: The Applicant shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. All
new and existing adjacent infrastructure must meet Town standards. New curb and
gutter shall be constructed per Town Standard Details. New concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of
the project. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
36. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’s rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of
a street which abuts property in a residential zone without prior to approval from the
Town Engineer.
37. CONSTRUCTION HOURS: All site improvements and construction activities, including the
delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited
to the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and
holidays. The Town may authorize, on a case-by-case basis, alternate construction hours.
The Applicant shall provide written notice twenty-four (24) hours in advance of modified
construction hours. Approval of this request is at discretion of the Town.
38. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall
be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-
five (85) dBA at twenty-five (25) feet from the source. If the device is located within a
structure on the property, the measurement shall be made at distances as close to
twenty-five (25) feet from the device as possible. The noise level at any point outside of
the property plane shall not exceed eighty-five (85) dBA.
39. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the Applicant
shall submit a construction management plan that shall incorporate at a minimum the
Project Schedule, employee parking, materials storage area(s) and proposed outhouse
location(s), as applicable.
40. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. A Sanitary Sewer Clean-out is required for each property at the property line, or at
a location specified by the Town.
41. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
42. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The storing of goods and/or
materials on the sidewalk and/or the street will not be allowed unless an encroachment
permit is issued by the Engineering Division of the Parks and Public Works Department.
The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the
end of the day. Dirt and debris shall not be washed into storm drainage facilities. The
storing of goods and materials on the sidewalk and/or the street will not be allowed
unless an encroachment permit is issued. The Applicant's representative in charge shall be
at the job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in penalties and/or the Town performing the
required maintenance at the Applicant's expense.
43. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
44. FIRE SPRINKLERS: The building is equipped with a fire sprinkler system. Any modification
to the interior space may require modification of the fire sprinkler system. Note: the
owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any modification or
upgrade of the existing water service is required. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a completed permit application and
appropriate fees to this department for review and approval prior to beginning their
work. CFC Sec. 903.2 as adopted and amended by LCTC.
45. FIRE EXTINGUISHER: A fire extinguisher shall be installed and maintained per CFC Sec. 906
and applicable sections of the California Health and Safety Code.
46. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers, or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed from
the public way, a monument, pole or other sign or means shall be used to identify the
structure. Address numbers shall be maintained. CFC Sec. 505.1.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
47. UNIFORMED SECURITY: Uniformed privately provided security guards may be required in
or around the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
48. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic meetings
will be conducted with representatives from the Police Department for on-going
employee training on alcoholic beverage service to the general public.
49. TRAINING MANUAL: The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
50. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
51. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted
in a visible location.
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Ballard Schools, Inc. dba Cuclna Bambfnl
1041 Lincoln Avenue • San Jose, CA 95125 • ph: 408?64·7773 • fax: 408?21-3666
January 11, 2018
Planning Commission
Town of Los Gatos
110 East Main Street
Los C:iatos, CA 95030
RE: Conditional Use Permit U-16-001
Review of CUP at Anniversary of Occupancy
Dear Plannlng Commissioners:
Thank you again for the opportunity to open our new Cucina Bambini business at 22 S. Santa Cruz Avenue in
Los Gatos. It took much longer than any of us anticipated, but we finally opened for business in May 2017.
Since then, our business has at all times complied with the conditions of the CUP, including:
Hours of Operation: We have not exceeded the maximum hours of operation specified In the CUP.
Employees: A Cucina Bambini employee has been present for all classes and events, and we have had no
guest chefs in our Los Gatos location. If, however, we do have a non-employee teach a class, a Cucina
Bambini employee will be present as required by the CUP.
Number of Stydents/Customers and Staff/Instructors: The number of students/customers and
staff/instructors on-site has at all times complied with the Town Code and alternate use of parking. We
have not experienced any Issues with parking, nor have we received any complaints from customers being
unable to find parking spots. For any classes, parties or events that coincide with events in Plaza Park or
downtown street closures, we notify our customers in advance so they can plan accordingly.
Drop-In Space: Our drop-in area is typically open M-F from 11am-4pm, during which time a staff member is
dedicated to supervise the area and assist customers with cooking activities.
Alcohol Service: We offer beer and wine only with meals, as specified in the CUP. We have had no alcohol-
related incidents nor received any complaints from neighboring residents or businesses.
Cucina Bambini will continue to comply with these and all other requirements of the Conditional Use Permit
as we grow our Cuclna Bambini business in Los Gatos. We Invite members of the Planning Commission and
other Town residents who have not had an opportunity to view our facility to visit us soon.
Shelley Ballard
President
email: rick@cucinabambinLcom
Phone: 408-560-9995
r~
Rick Ballard
Vice President
EXHIBIT 3
Jocelyn Shoopman
Subject RE: Conditional Use Permit Application U-16-003
From: Andrew Wolfe [mailto:awolfe@awolfe.org l
Sent: Saturday, January 13, 2018 1:57 PM
To: Planning <Planning@losgatosca.gov>
Subject: Conditional Use Permit Application U-16-003
I operate a consulting office at 20 S. Santa Cruz Ave, less that one block from the permitted premises at 22. S. Santa
Cruz. I work at various hours from early morning to late at night, seven days a week. Since Cucina Bambini has been
operating, I have not noticed any unusual noise, odors, or debris as a result of this business . I have not observed any
unusual traffic or parking problems. I have not observed any improper or annoying behavior from its patrons.
As such, I see no reason not to renew the permit during this annual review.
Andrew Wolfe
Wolfe Consulting
awolfe@awolfe.org
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