155 N. Santa Cruz Ave, Ste. G - Staff Report and Exhibits 1-5
PREPARED BY: RYAN SAFTY
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: 08/08/2018 ITEM NO: 2
DATE: AUGUST 1, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-011. PROJECT LOCATION:
155 N. SANTA CRUZ AVENUE SUITE G. PROPERTY OWNER: MIKE RUGANI. APPLICANT: CHRISTY ENGLISH. REQUESTING APPROVAL FOR GROUP CLASSES (BAY AREA ACTING STUDIO) ON PROPERTY ZONED C-2. APN 510-17-096.
DEEMED COMPLETE: JULY 12, 2018 FINAL DATE TO TAKE ACTION: JANUARY 12, 2019
RECOMMENDATION:
Approval, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District, C-2
Applicable Plans & Standards: General Plan
Parcel Size: 13,338 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Central Business District C-2
East Commercial Central Business District C-2
South Commercial Central Business District C-2
West Residential Medium Density Residential R-1D:LHP and
R-1D:LHP:PD
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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 uses 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 Conditional Use Permit.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The proposed project would occupy a vacant commercial suite in a multi-tenant commercial
building. The suite was last occupied by a retail furniture store (McGill Patio) in early 2018. The
subject commercial building contains seven separate suites. The other six suites contain a mix
of restaurant, retail, and personal service uses.
DISCUSSION:
A. Location and Surrounding Neighborhood
The project would be located in a multi-tenant commercial building at 155 N. Santa Cruz
Avenue, located at the southwest corner of the intersection of N. Santa Cruz Avenue and
Nicholson Avenue (Exhibit 1). Adjacent properties to the north, east, and south are located
in the C-2 zone and are developed with commercial buildings. Properties to the west,
across Victory Lane, are in either the R-1D:LHP or R-1D:LHP:PD zone and are developed with
residential buildings. The proposed business would occupy Suite G of the multi-tenant
commercial building, which is at the back of the building along Victory Lane.
B. Conditional Use Permit
The applicant is requesting approval of a Conditional Use Permit (CUP) to operate an acting
studio with group classes in a vacant suite of a multi-tenant commercial building.
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DISCUSSION (Continued):
When reviewing a CUP, the deciding body should consider the information in the applicant’s
Project Description; however, the key consideration should be the proposed use since the
Project 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 Project Description.
C. Zoning Compliance
The proposed acting studio use with group classes is an allowed use in the C-2 zone with
approval of a CUP by the Planning Commission.
ANALYSIS:
A. Project Summary
The proposed business (Bay Area Acting Studio) would occupy a 1,938 square foot suite
within a multi-tenant commercial building. Per the provided Project Description and Letter
of Justification in Exhibit 4, the proposed business would enable children, teenagers, and
adults to learn about the entertainment industry and provide the tools necessary to be
successful in television and film. A typical class would begin with a period of warm ups,
followed by learning and improvisations, and end in scene rehearsals.
Proposed hours of operation would be seven days a week, from 9:00 a.m. to 10:00 p.m.
However, most classes would operate between 3:00 p.m. and 9:30 p.m. The applicant is
requesting a maximum class size of 21 students with three staff members. The
recommended conditions of approval in Exhibit 3 include both the maximum allowable
hours of operation and maximum allowable class size.
The applicant proposes no structural or exterior changes to the suite. The applicant has
provided a Project Description and Letter of Justification with photographs of the vacant
suite, and a floor plan (Exhibit 4).
B. Parking and Traffic
The multi-tenant commercial building has five parking spaces on-site and 24 parking spaces
in the Parking Assessment District. The other tenant spaces utilize 19 of the 29 total spaces.
With three staff members, allowable parking spaces would allow a maximum of 21
students. The proposed use would comply with the parking requirements for the building,
as shown in the table below.
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ANALYSIS (Continued):
Parking Analysis – 155 North Santa Cruz Avenue
Use Square Feet Required Spaces
Suite A Restaurant - tea
shop
1,369 4.56
(1 per 300)
Suite B Personal Service
- photo studio
1,080 3.60
(1 per 300)
Suite C Retail – juice
shop
1,000 3.33
(1 per 300)
Suite D Retail – clothing
store
1,000 3.33
(1 per 300)
Suite E Retail - UPS
store
550 1.83
(1 per 300)
Suite F Personal Service
- nail salon
650 2.16
(1 per 300)
Suite G Proposed Acting
Studio
1,938 10
(1 per teacher)
(1 per 3 students)
Total Spaces Required = 28.81 spaces
Total Spaces Provided = 29 spaces
5 spaces on-site and 24 spaces in Parking Assessment District
There would be no traffic impact or traffic impact fees required per the Town’s Traffic
Impact Policy as the subject site is located Downtown and there is no proposed increase in
square footage.
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.
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ANALYSIS (Continued):
In regards to the first finding, the proposed use is desirable to the public convenience
because it would provide a unique educational service for visitors and residents in the
downtown and surrounding areas. In regards to the second finding, 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. In regards to the third finding, the proposed use
would not be detrimental to public health, safety, or general welfare, as the conditions
placed on the permit would maintain the welfare of the community. In regards to the final
finding, the proposed use would be in conformance with the Town Code and General Plan
as discussed within this report.
D. General Plan
The acting studio use is consistent with the Central Business District General Plan
Designation for the property which envisions a mixture of retail, office, and residential in a
mixed-use setting, along with lodging, service, auto-related businesses, non-manufacturing
industrial uses, recreational uses, and restaurants.
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-10 – To preserve Downtown Los Gatos as the historic center of the Town, with
goods and services for local residents, while maintaining the existing Town identity,
environment, and commercial vitality.
• Goal HS-3 – To meet the needs of Los Gatos youth.
• Goal HS-4 – To offer a wide range of youth programs and services within the Town.
• Policy HS-4.2 – Coordinate with public and private schools, local non-profits, service
clubs, and other agencies to provide opportunities for youth to explore and enjoy
sports, creative and performing arts, and future career paths.
• Policy HS-5.3 – Continue to work with community partners to provide a variety of
programs and events for Town youth.
• Goal HS-6 – To promote safe, youth-friendly environments within the Town.
E. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15301: Existing Facilities.
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ANALYSIS (Continued):
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. Public comments received by 11:00 AM, Friday, August 3, 2018 are included as
Exhibit 5.
CONCLUSION:
A. Summary
Recommended conditions of approval for the proposed business are attached as Exhibit 3.
There would be no traffic impact, and the site has adequate parking to accommodate the
proposed use. The proposed use is 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 CUP application subject to
the recommended conditions of approval (Exhibit 3). If the Planning Commission finds
merit with the proposed project, it should:
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. Approve CUP application U-18-011 with the conditions of approval contained in
Exhibit 3.
C. Alternatives
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Approve the application with additional and/or modified conditions of approval; or
2. Continue the application with direction to a specific hearing date; or
3. Deny the application.
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EXHIBITS:
1. Location Map (one page)
2. Required Findings (one page)
3. Recommended Conditions of Approval (three pages)
4. Project Description and Letter of Justification received July 12, 2018 (nine pages)
5. Public comments received by 11:00 a.m., Friday, August 3, 2018
Distribution:
Christy English, 18191 Saratoga Los Gatos Road, Los Gatos, CA 95030
Mike Rugani, PO Box 873, Los Gatos, CA 95031
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EXHIBIT 1
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PLANNING COMMISSION – August 8, 2018
REQUIRED FINDINGS FOR:
155 N. Santa Cruz Avenue, Suite G
Conditional Use Permit U-18-011
Requesting approval for group classes (Bay Area Acting Studio) on property zoned C-
2. APN 510-17-096.
PROPERTY OWNER: Mike Rugani
APPLICANT: Christy English
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town. 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 granting 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 provides a unique
educational service for visitors and residents in the downtown and surrounding areas;
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,
as the conditions placed on the permit would maintain the welfare of the community;
and
4. The proposed use is in conformance with the Town Code and General Plan.
EXHIBIT 2
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PLANNING COMMISSION –August 8, 2018
CONDITIONS OF APPROVAL
155 N. Santa Cruz Avenue, Suite G
Conditional Use Permit U-18-011
Requesting approval for group classes (Bay Area Acting Studio) on property zoned
C-2. APN 510-17-096.
PROPERTY OWNER: Mike Rugani
APPLICANT: Christy English
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
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 pursuant to
Section 29.20.340 of the Zoning Ordinance.
4. USE: The approved use is for group classes.
5. HOURS OF OPERATION: Maximum hours of operation are 9:00 a.m. to 10:00 p.m.
6. NUMBER OF STUDENTS: The maximum number of students is limited to 21.
7. NUMBER OF STAFF: The maximum number of staff is limited to three.
8. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be
obtained prior to commencement of use.
9. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance
Department prior to commencement of use.
10. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
11. 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.
12. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
EXHIBIT 3
Building Division
13. MODIFICATIONS: Any modifications other than cosmetic changes (floor covering, paint,
wall paper, etc) will require further review from the Building Division and compliance
with current Building Codes.
14. CHANGE OF OCCUPANCY: A Building Permit will be required for the Change of
Occupancy from Type M to Type B pursuant to Section 407 Change of Occupancy in the
California Existing Building Code. These two occupancies hold the same risk category
and require no building modifications for the change.
15. 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.
16. BUILDING & SUITE NUMBERS: If required, submit requests for new building addresses to
the Building Division prior to submitting for the building permit application process.
17. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
18. 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 mud, silt, concrete, dirt and other construction 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 by the Engineering Division of the Parks and Public Works
Department. The Owner, Applicant and/or Developer'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 issuance of correction notices, citations, or stop work
orders and the Town performing the required maintenance at the Owner, Applicant and/or
Developer's expense.
19. 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.
20. 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 Owner/Applicant/Developer 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.
21. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
22. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The Owner,
Applicant and/or Developer’s project engineer shall notify, in writing, the Town Engineer at
least seventy-two (72) hours in advance of all the proposed changes. Any approved changes
shall be incorporated into the final “as-built” plans.
23. 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.
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To: Planning Commission, Town of Los Gatos
From : Jonathan Pickering & Christy English
Reference: Condition Use Permit Application for Acting Studio operated by Bay Area Acting Studio
Description of the project and Letter of Justification
Site: 155 North Santa Cruz Ave, Los Gatos, CA 95030, 1,938 SQF, Suite G
Site Owner: Mike Rugani
Date: Updated July 10, 2018
Proposal for Open Bay Area Acting Studio second location in Los Gatos
ITEM 4: PROPOSED PROJECT:
What is the Bay Area Acting Studio:
The Bay Area Acting Studio (BAAS) has been serving aspiring actors in the Bay Area since 2003. It is the
Premier Acting Studio for Television and Film in the Bay Area.
http://bayareaacting.com/index.html
The first acting studio which has been in operation for over 15 years is on Camden Avenue near to
Campbell. The BAAS enables children, teenagers and adults to learn about the entertainment industry
and provide all the tools necessary to be successful in television and film in both San Francisco and Los
Angeles. We start with absolute beginners as young as 8 years old and we have advanced classes for
working actors ranging from 18 to actors in their 70s.
We have had significant success with our actors: Many have done national commercials- Old Navy,
Toyota, ATT&T, Nike, Bud Light (Super Bowl commercial), and many more. Our students have won roles
on TV shows including Madmen, Grey's Anatomy, Scandal, Disney shows, CSI, ER, and many more. BAAS
actors have also worked in many films including The Avengers.
The school also serves younger students who may not be considering the entertainment industry as a
career but to develop valuable communication and interpersonal skills while building confidence. In our
classes, children learn skills to help them make effective presentations to a live audience or to the
camera. To learn listening and observation which helps for school and job interviews. The classes
provide an artistic and a creative outlet, to learn, to make new friends and have a rewarding and fun
time doing so.
EXHIBIT 4
Opening a studio in Los Gatos: Why Los Gatos?
The BAAS studio on Camden Ave is now at full capacity. After careful study we have decided to open an
additional local studio in Los Gatos. At the Los Gatos studio we would focus on teaching children and
teenagers. Los Gatos does not have any such local service. This location is within a short distance of
Fisher Middle School and Los Gatos High School. We are also long term residents of Los Gatos and our
children go to school here and we feel a strong sense of community. And Bonus- we can walk to work!
The business has been very stable and profitable for over 10 years and has multiple experienced
teachers and assistants.
North Santa Cruz Facility: The 155 North Santa Cruz, Suite G is a 1938 square feet facility. The space will
used as follows:
-Office and check in
-Studio for improv and theater games
-Studio for doing scene work
-Toilet/bathroom
Operations: We are requesting the ability to operate 7 days a week from 9am to 10pm. However, most
of the time classes are held between 3pm and 9.30pm. Classes for younger students would be typically
be 1 hour, 30 mins and for adults the classes are for 3 hours.
Class Size: We are requesting a maximum class size of 21 students with three staff.
Typical class: Classes involve a period of warm ups and learning and improvisation games for about half
the time. The second component of the class involve developing and rehearsing specific scenes.
Noise: There is NO loud music / no amplified sound
Pictures of students at work. Summer Academy and Workshops!
ITEM 5, Planning Justifications. The proposed studio meets or exceeds the following requirements:
1) Public Welfare: The proposed use is essential or desirable to the public convenience and
welfare:
The proposed use as an acting studio is desirable to the public convenience, particularly for local
parents and students who want to have a facility which is close to home and within a short
commute or walking distance.
2) Integrity and character of the zone: The proposed uses will not impair the integrity and
character of the zone: Having an acting studio with children and young adults from the
surrounding schools will be consistent with integrity and character of the zone and will improve
the zone. There is prestigious place of learning and is something the town does not have. The
acting studio is very much family friendly and family orientated.
3) The proposed uses would not be detrimental to public health, safety or general welfare: The
proposed studio will provide a safe place for people of all ages to learn, grow and engage with
one another, creating a gathering place and sense of community.
4) The proposed uses of the property are in harmony with the various elements or objectives of
the general plan and the purposes of this chapter. The studio will:
• Provide a new educational facility aimed at the town’s children, teenagers and adults
for personal growth
• Attract, children, teenagers, parents and adults to the downtown area
• Family orientated education and training for the young in Los Gatos
• Employment and training opportunities for acting coaches and teachers, and
administrative support
• Scholarship: for talented students with limited financial means there are a number of
scholarships available
Management/Ownership: Christy English has been working in the entertainment industry for over 25
years. When she was only 22, she was selected out of thousands of applicants to study with the famous
acting teacher Sanford Meisner.
Christy English: Founder and Owner of the Bay Area Acting Studio
Christy would follow in the footsteps of so many who had studied with Stanford Meisner before her,
Robert Duvall, Gregory Peck, Diane Keaton, Grace Kelly, Sydney Pollack, David Mamet and so many
more. Christy has worked in many facets of the business including writing, producing, coaching and
managing actors.
Christy moved to the Bay Area in 2001 when she was hired by a production company to Produce feature
films. Christy produced well budgeted features casting all actors out of Los Angeles and working with all
unions. With Christy’s intuitive and successful business knowledge she is the owner of Bay Area Acting
Studios where over 5,000 actors have trained. Christy has been a talent manager since 2008, managing
talent for television and film. Her management offices are in Hollywood.
Christy has grown the current studio near Campbell to a business with annual revenues of ~$500K/year
ITEM 14: Photographs of the Proposed BAAS #2 on 155 North Santa Cruz Ave, Suite G, Los Gatos, CA
95030
The facility which has been vacant for months will be rejuvenated, with new decor and furnishings.
x`
ITEM 15: Floor plan of 155 North Santa Cruz Ave Suite G
Bay Area Acting School, Los Gatos Studio.
Conditional Use Permit. This is the current floor plan with no changes anticipated
1938 SQF
Studio for
Improv & Theater
games
Toilet
Office
& Check in
Studio for
Scene work
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EXHIBIT 5
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