Attachment 01TOWN OF LOS GATOS ITEM NO: 3
PLANNING COMMISSION STAFF REPORT
Meeting Date: May 11,2016
PREPARED BY: Jocelyn Puga, Assistant Planner
jpuga@losgatosca. gov
APPLICATION NO: Conditional Use Permit Application U-16-003
LOCATION: 22 S. Santa Cruz Avenue (West side ofS. Santa Cruz Avenue
at the comer of Broadway and S. Santa Cruz Avenue)
APPLICANT/
CONTACT PERSON: Rick and Shelley Ballard
PROPERTY OWNER : Ronald M . Tate Trustee
APPLICATION SUMMARY: 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.
RECOMMENDATION:
PROJECT DATA :
North
East
South
West
CEQA :
DEEMED COMPLETE: April19, 2016
FINAL DATE TO TAKE ACTION: October 19,2016
Forward a recommendation to Town Council for approval of the
Conditional Use Permit application.
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
Commercial Central Business District C-2
Open Space and Open Space and Centr~l RC and C-2
Commercial Business District
Commercial Central Business District C-2
Residential and Central Business District and C-2 and
Commercial Medium Density Residential R-1D:LHP
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California 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.
A TTACHMENT 1
Planning Commission Staff Report-Page 2
22 S. Santa Cruz A venue/U-16-003
May 11,2016
FINDINGS:
ACTION:
EXHIBITS :
BACKGROUND:
• 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.
• As required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets
the use set forth in the Town's General Plan.
Forward Conditional Use Permit U-16-003 to the Town Council
with a Recommendation of Approval.
1. Location Map
2. Findings
3. Recommended Conditions of Approval
4. Business Description and Letter of Justification, received
April19, 2016 (seven pages)
5. Parking Count Sample, received April19, 2016 (one page)
6. Parking Agreement, received February 9, 2016 (one page)
7. Resolution 2001-106 and the Town's 2001 Alcoholic
Beverage Policy (ABP), includes Exhibit A (six pages)
8. Development Plans, received April 19, 2016 (eight pages)
The applicant is requesting approval to operate group cooking classes with beer and wine service
in an existing commercial building located on the ground flo or of22 S. Santa Cruz Avenue. The
existing commercial building has three tenant spaces located on the ground floor and a fourth
tenant space located on the second floor. The applicant is proposing to merge two vacant ground
floor tenant spaces into one 1,475-square foot space. The previous tenants were My Orchids and
Happy Cleaners.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project is located at 22 S. Santa Cruz Avenue, on the west side ofS. Santa Cruz
Avenue at the comer of Broadway and S. Santa Cruz Avenue. Commercial uses border the
property to the north and south; residential and commercial uses border the property to the
west; and commercial uses and Town Park Plaza border the property to the east.
Planning Commission Staff Report-Page 3
22 S. Santa Cruz Avenue/U-16-003
May 11, 2016
B. Conditional Use Permit
The applicant is requesting approval to operate group cooking classes with beer and wine
service in spaces previously occupied by My Orchid and Happy Cleaners. The maximum
hours of operation would be I 0:00 a.m. to 9:00p.m. seven days a week. The applicant
provided a description of the business and letter of justification describing the proposal
(Exhibit 4).
When reviewing a Conditional Use Permit (CUP), the deciding body should consider the
information in the applicant's business plan; however, the key consideration should be the
explicit proposed use since the business plan can change from owner to owner. The
explicit use may be, and is often, defined in the recommended conditions of approval as a
"use" condition. The CUP runs with the land, and the deciding body should review
applications based on the explicit use as opposed to the applicant or the applicant's
business plan.
C. Zoning Compliance
The zoning designation allows group classes, subject to the approval of a CUP. On
premise alcohol sales associated with the use also requires a CUP.
ANALYSIS:
A . Project Summary
The project would merge two vacant tenant spaces into one 1,475-square foot commercial
space within an existing commercial building for group cooking classes (Cucina Bambini)
with beer and wine service.
The proposed floor plan includes a full kitchen with modular work tables. Approximately
320 square feet adjacent to the lobby is proposed to be used as a drop-in space with a retail
component for selling Cucina Bambini logo items and culinary gift items. The drop-in
space will also serve as a separate area from the scheduled classes in the kitchen for
customers to partake in activities such as cupcake decorating. The availability of the drop-
in space will be dependent on whether regularly scheduled cooking classes are at full
capacity or if there is an event taking place in the kitchen area. The applicant's business
description states that if the drop-in space is open, a staff member will be dedicated to
supervise the area and assist customers (Exhibit 4).
The applicant provided a project description and letter of justification (Exhibit 4), and
development plans (Exhibit 8) describing the proposal. The project would not result in an
increase of average daily trips (ADT) or peak hour trips. The applicant is proposing to
operate during the following hours:
Planning Commission Staff Report -Page 4
22 S. Santa Cruz Avenue!U-16-003
May 11 ,2016
I Monday to Sunday It 0 :00 a .m. to 9 :00 p .m .
B. Number of Students and Instructors
The applicant is requesting a flexible class size that does not propose a maximum cap on
the number of students and instructors allowed due to the fact that not all scheduled
cooking classes may be at capacity, in which the drop-in space would be available.
Additionally, a group event may take place, in which the drop-in space would be
unavailable and no classes would be scheduled (Exhibit 4).
C . Parking
The cc;>mmercial building has four parking spaces on-site and credit for 16 parking spaces
in the Parking A ssessment Distri ct for a total of20 parking spaces. The subject use is
allocated 7.33 parking spaces based on the existing ground level personal service use
(Maddox Kai Salon) and second floor office use (Tate Diversified Development). The
proposed use requires one parking space per instructor and one space for every three
students .
The applicant has entered into a parking agreement with the landlord, Ronald M . Tate for
six additional parking space credits Monday through Friday after 5:30p.m . and all day
Saturday and Sunday (Exhibit 6).
Given the proposed parking agreement, the applicant is requesting approval to increase the
number of students after 5 :30 p .m . Monday through Friday and Saturday and Sunday from
10:00 a.m . to 9:00p.m. The six additional parking space credits from the second floor
office use that is not in operation after 5:30p.m. Monday through Friday and Saturday and
Sunday from 10 :00 a .m. to 9:00p.m. are proposed to be used by the applicant.
Monday through Friday from 10 :00 a .m . to 5 :30p.m. the appli cant would be limited to any
combination of students and instructors that does not exceed what is allowed with 7.33
parking spaces. After 5:30p.m. Monday through Friday and from 10:00 a .m . to 9 :00p.m .
Saturday and Sunday the applicant would have six additional parking spaces and be limited
to any combination of students and instructors that does not exceed what is allowed with
13 .33 parking spaces. The applicant has provided a sample parking count which lists
examples of potential class sizes and the number of instructors that would conform to the
existing parking (Exhibit 5).
Staff has included a condition of approval that if the second floor office use were to extend
its hours or a different use were to occupy the space at 22 S. Santa Cruz Avenue, the
Planning Commission Staff Report-Page 5
22 S. Santa Cruz Avenue/U-16-003
May 11 ,2016
r
alternating use of parking would no longer apply and the applicant would be required to
comply with condition number 7 (Exhibit 3) at all times.
The applicant is requesting a flexible class size that does not propose a cap on the
maximum number of students and instructors at one time due to the variation of class
capacities and events; however, staff recommends that the Planning Commission condition
the maximum number of students and instructors. The Commission should consider
whether or not the proposed flexible number of students and instructors is appropriate for
this application.
D. Alcoholic Beverage Policy (ABP)
The applicant is proposing beer and wine service at scheduled classes, private events, and
drop-in activities. The beer and wine would be kept in a dedicated refrigerator and wine
rack within the kitchen area for purchase by clients. The applicant provided a project
description detailing how the proposed beer and wine service would function, the
applicable California Department and Alcoholic Beverage Control License that would be
applied for, and justification for how the proposal meets the intent of the Town of Los
Gatos Alcoholic Beverage Policy (ABP) (Exhibit 7).
The Town's 2001 ABP requires any new service of alcoholic beverages to be reviewed by
Planning Commission (Exhibit 7). Under the Town Code, the Planning Commission will
make a recommendation to the Town Council and the Council has final review authority.
The proposed application meets the purpose, general policy, and specific policy of the
Town'sABP.
General Policy
The ABP's General Policy contains eight requirements. Requirements 2, 3 , 4, 6, and 8 are
not applicable to the subject application.
Requirement 1 states "the Town shall continue to strongly discourage new applications for
standalone bars or restaurants with separate bars." The proposed use is not a restaurant and
does not include a separate bar.
Requirement 5 states an establishment serving alcoholic beverages is subject to five
provisions related to alcohol service. The provisions are included as conditions of
approval.
Requirement 7 defines a meal as "a combination of food items selected from a menu.
Appetizers such a s popcorn, nachos , pretz els , potato skins, relish trays , etc. are not meals."
Sample cooking classes include a sushi workshop, pasta workshop, and three-course meals.
Planning Commission Staff Report-Page 6
22 S. Santa Cruz Avenue/U-16-003
May 11,2016
The applicant has provided further detail of the various cooking classes offered in the
project description (Exhibit A).
The applicant is also proposing beer and wine service for the drop-in activities. The
applicant stated that drop-in activities would include cupcake making and decorating
(Exhibit 4). Cupcake making and decorating as defined by the ABP would not be
considered a meal. Staff recommends that the Planning Commission condition that no
alcohol service shall be permitted in the drop-in area.
E. Conditional Use Permit Findings
In order to grant approval of a Conditional Use Permit, 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, saf~ty 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.
In regards to the first finding, the proposed use is desirable to public convenience because
it provides cooking classes to Los Gatos residents. As required by finding two, the
proposed use would not impair the integrity of the zone, because the proposed use is a
commercial use and would be located in a commercial zone. In regards to the third finding,
the use would not be detrimental to public health, safety or general welfare, and the
conditions regarding the shared parking agreement, operating hours, and service of
alcoholic beverages placed on the permit would maintain the welfare of the community. In
regards to the final finding, the proposed use is in harmony with the General Plan, and
Town Code.
F. General Plan
The goals and policies of the 2020 General Plan applicable to this project include but are
not limited to:
• 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 preserve the small-
town atmosphere.
(
Planning Commission Staff Report-Page 7
22 S. Santa Cruz A venue/U-16-003
May 11 ,2016
• Policy LU-9.6 -Encourage development that maintains and expands resident-oriented
services and/or creates employment opportunities for local residents consistent with
overall land use policies of the Town.
• Goal LU-10 -To preserve Downtown Los Gatos as the historic center ofthe Town
with goods and services for local residents while maintaining the existing Town
identity, environment and commercial vitality.
G. Environmental Review
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:
At this time, the Town has not received any public comment.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
Staff has recommended conditions of approval regarding the shared parking agreement,
operating hours, and alcohol service. Traffic will not be impacted by the proposed use
which will provide group cooking classes to the community. The proposed use would
close by 9:00 p.m. each day. The proposed use is in conformance with Town Code and is
consistent with the General Plan.
The applicant is requesting a flexible class size that does not propose a cap on the
maximum number of students and instructors at one time due to the variation of class
capacities and events ; however, staff recommends that the Planning Commission condition
the maximum number of students and instructors allowed.
The applicant is also requesting beer and wine service in the drop-in space for activities
such as cupcake making and decorating; however, staff recommends that the Planning
Commission condition that no alcohol service shall be permitted in the drop-in space.
B. Recommendation
If the Planning Commission finds merit with the proposed use, it should take the following
actions to recommend that the Town Council approve the Conditional Use Permit
application:
Planning Commission Staff Report -Page 8
22 S. Santa Cruz Avenue/U-16-003
May 11 , 2016
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 required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 2); and
3. Make the required finding as required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets the use set forth in the
Town 's General Plan (Exhibit 2); and
4. Recommend approval of Conditional Use Permit application U-16-003 to the Town
Council with the conditions contained in Exhibit 3 and development plans contained in
Exhibit 8.
ALTERNATIVES:
If the Commission has concerns with the proposed use, it can:
I. Recommend that the Town Council approve the application with additional and/or modified
conditions of approval ; or
2. Recommend that the Tpwn Council deny the application; or
3. Continue the application to a date certain with direction.
Approved by:
Joel Paulson, AICP
Community Development Director
JSP:JGP:sr
cc: Rick and Shelley Ballard, 1041 Lincoln Avenue, San Jose, CA 95125
Ronald M. Tate, 22 S. Santa Cruz A venue #2 , Los Gatos, CA 95030
N:\DEV\PC REPORTS\2016\SSC22.docx
22 S. Santa Cruz Avenue
0 0.25 --------c:::============::::J Miles
0.125
EXHIBIT 1
This Page
Intentionally
Left Blank
PLANNING COMMISSION-May I I , 20I 6
REQUIRED FINDINGS FOR:
22 S. Santa Cruz A venue
Conditional Use Permit Application 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 Trustee
APPLICANT: Rick and Shelley Ballard
FINDINGS
Required f'mding 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.
Required f'mdings for a Conditional Use Permit:
• As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
(a) 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 of the property is essential or desirable to the public convenience or
welfare because it provides a cooking school service to Los Gatos residents; and
(2) The proposed use will not impair the integrity and character of the zone because 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 regarding the parking agreement, operating hours and service of
alcoholic beverages placed on the permit would maintain the welfare of the
community; 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 as discussed within
the staff report.
Required fmding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
• That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under general commercial uses.
N :\DEV\FINDINGS\20 16\SSC22.doc
£.XH.lBlT 2
This Page
Intentionally
Left Blank
PLANNING COMMISSION -May, 11 2016
C ONDITIONS OF APPROVAL
22 S. Santa Cruz A venue
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 9:00p.m.
seven days a week.
6 . NUMBER OF STUDENTS AND INSTRUCTORS : Based on one parking space per
instructor and one parking space for every three students, the number of students and
instructors on-site at any given time Monday through Friday from 10 :00 a.m . to 5:30p.m .
shall not exceed a number that is supported by 7 .33 parking spaces with the exception
listed in condition 8.
7. SHARED PARKING AGREEMENT : Classes conducted after 5 :30p.m . Monday
through Friday and Saturday and Sunday from 10 :00 a.m. to 9:00 p.m. are permitted
additional students and instructors . Based on one parking space per instructor and one
parking space for every three students, the number of students and instructors on-site
during these hours shall not exceed a number that is supported by 13.33 parking spaces.
If the office use located on the second floor of22 S. Santa Cruz Avenue extends its
operating hours or a different use were to occupy the space at 22 S. Santa Cruz Avenue,
thi s condition is void and the maximum number of students and instructors shall be set as
in condition 6.
8. DROP-IN SPACE: When the drop-in space is available, a staffmember 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 . ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
,£Xlill31T 3
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.
11 . SIGN PERMIT: A sign permit is required for any new signs or any change of existing
signs.
12. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy
must be obtained prior to commencement of use.
13 . BUSINESS LICEN~E: A business license is required from the Town of Los Gatos
Finance Department prior to commencement of use.
14. 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
15. 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.
16. 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.
17. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36", max. 30" x
42".
18. 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.
19. TITLE 24 ACCESSffiiLITY-COMMERICAL: 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 1 O.b.
20. 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
21. 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.
22. 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.
23 . PLANS: The construction plans for this commercial building tenant improvement shall
be prepared under the direct supervision of a California licensed Architect or Engineer.
24. 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
25 . 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 JJB-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:
26 . 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.
27. 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.
28 . 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.
29. 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.
30. 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
co~~m. ·
31. 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.
32. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
33. 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.
34. CURB AND GUTTER REP AIR: 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
..-
( r
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 b e 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.
35. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand (1 0,000) 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.
36. 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 of8:00 a.m. to 8:00p.m., weekdays and 9:00a.m. to 7:00p.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.
37. CONSTRUCTION NOISE: Between the hours of 8:00a.m. to 8:00p.m., weekdays and
9:00a.m. to 7:00p.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 .
38. 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.
39. 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.
40. 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.
41. 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.
42 . COVERED TRUCKS : All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
43. FIRE SPINKLERS : 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.
44. FIRE EXTINGUISHER: A fire extinguisher shall be installed and maintained per CFC
Sec. 906 and applicable sections of the California Health and Safety Code.
45. 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 (1 01.6 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:
46. UNIFORMED SECURITY: Uniformed privately provided security guards maybe
required in or around the premises by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
4 7. 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.
48. 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.
49 . DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
50. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
N:\DEV\CON DJTIONS\2016\22 SSC.doc
(
(
\ r
Ball ard Sch ools, Inc. dba Cucina Bambini
1041 Lincoln Avenue • San Jose, CA 95125 • ph: 408-564-7773 • fax: 408-521 -3666
February 8, 2016
REVISED Apri/14, 2016
Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95030
RE: Conditional Use Permit Application U-16-001
Revised letter of Justification and Project Description
22 South Santa Cruz Avenue, Suite B (APN -510-45-014)
To Whom It May Concern :
!RECEti VE D
APR 1 9 2016
TOV.J'N c;= l_os s;.:rcs
~:.'__;. .. '"•"··-.:; ~-1.2~:. J
We are seeking approval of a Conditional Use Permit (CUP) to operate a new location for our
Cucina Bambini business (specialty retail) at 22 South Santa Cruz Avenue, Suite B, including
permission to sell beer and wine for consumption on-premises.
Location of Proposed Project
The project site is a 1475 sq . ft . suite on the ground floor of 22 S. Santa Cruz Avenue in downtown
los Gatos, near the corner of S. Santa Cruz Avenue and Broadway, and is zoned C-2. The space was
previously occupied by My Orchids and Happy Cleaners. Immediately adjacent to the space, and in
the same building, is Kai Maddox hair salon. The second level of the building consists of offices of
the landlord Ron Tate and Tate Diversified Development.
Neighboring businesses in the adjacent building on S. Santa Cruz Avenue include Willow Street
Pizza, Bugs & Butterflies Photography, Gingis Academy of Music, Jasmine Chinese Cuisine, and
Main Street Burgers. Across S. Santa Cruz Avenue from the site is Plaza Park, current home ·of the
los Gatos Farmer's Market on Sundays. Across Broadway from the site is The Spa and Number One
Broadway.
The project is not located on a site which is identified by the Town as a solid waste disposal facility,
and there will be no usage and storage of hazardous materials.
With the exception of new signage in the same location as existing signs, no material changes will
be made to the exterior of the building or landscaping. The improvements/buildout will consist of
new interior kitchen, lobby, retail, and storage spaces, as shown in the attached proposed space
plan .
EXHIBIT 4
(
~-
Overview of Proposed Use
Cucina Bambini is a creative and fun hands -on cooking school and event venue designed to
entertain and educate in the world of food . We provide a safe and high quality culinary experience .
for kids and adults, culinary-themed events, parties and classes for all ages.
The open layout, whimsical decor and age-appropriate recipes and lesson plans at Cucina Bambini
are specifically designed to provide a fun, safe and unintimidating cooking experience for all ages,
while the top-of-the-line appliances and facilities will appeal to the most discriminating and
experienced "top chef'.
As shown in the proposed space plan submitted with our CUP A'pplication, the space will include a
main kitchen and a retail/flex space . The main kitchen will be approximately 800 sq. ft. and
i nclude an instruction i sland with a 48"·Viking Range Top, as well as a double convection oven,
add it ional range, stainless hoods, refrigerator, dishwashers, prep and hand washing sinks . All
appliances will be high-end residential appliances, such that the main kitchen will have the
appearance and function of an extremely well appointed home kitchen or cooking show set.
Modular stainless steel worktables allow for flexible use of the space depending upon the type of
class or event.
Detailed Description of Uses:
The flexibility of the space will allow us to provide a variety of activities and events to benefit all
ages in the local community, including:
Kids' Classes
Every week we provide several scheduled cooking classes, including individual classes
and series, for children. Our 1 hr "lil' Chef' classes (age 3-5) are specially designed to foster
independence and confidence in the kitchen while teaching nutrition and healthy choices,
with each aspiring young chef creating their own item from start to finish. Our~ hr "lil' Chef
Masters" classes (age 5-8) are designed for kids who may have grown out of Lil' Chef classes,
but aren't quite ready to cook with the older kids yet. The children will work both individually
and as a group, depending on the menu .
Our main ki ds' cla$ses and series are 1.5 hr or 2 hr and designed for ages 6+ or 8+,
depending upon the focus of the class. Some classes focus on particular types of cooki ng or
skills, such as Cooking Essentials, Baking Blast, School Lunchbox Ideas, and Sensational (and
healthy) Snacks, while others may focus on a particular type of food, culture or region, such as
Indian, Italian, BBQ. Thai, Chinese, Japanese, Mediterranean, and countless other cuisines and
cooking styles. We also have a special Home School series, including a more deta iled
curriculum and quizzes for program mastery. Most kid 's classes are scheduled during the
daytime, with the exception of our periodic Parent's Night Out classes, where parents can
enjoy a night out at local restaurants whil e their kids have their own fun at Cucina Bambini.
Parent/Child Classes
Our unique Parent/Child classes are a great way for parents (or often grandparents) to
spend quality time interacting with their children. While parents may attend and observe any
Page 2 of 7
(1 of the kids' classes described above, the Parent/Child classes are intended for and adult and
child (or two children) to work as a team. like the kids' classes and series described above,
these classes may be 1.5 or 2 hr long, depending upon the focus of the class .
Teen/Adult Classes
Our Teen and Adult classes are listed separately from our kids' classes in order to provide
a more mature atmosphere, whether participants are looking to enhance their culinary skills
or just have fun cooking with friends . More advanced classes may be taught by our culinary-
trained chef employees, or by chefs from local restaurants who have an interest in enhancing
their community involvement. We also have specialty Adult classes , such as Date Nights,
Ladies' Nights, and Food & Wine Pairing classes and events . The proposed location across
from the Los Gatos Farmer's Market provides a unique opportunity to feature locally-grown,
seasonal ingredients, and to provide special Farm-to-Table classes and events.
Birthday Parties
Cucina Bambini has become a popular South Bay destination for kids' birthday parties,
and we look forward to making it even more accessible to Los Gatos youth . Parties are
generally hosted every weekend, occasionally on a weekday or evening. While a variety of
menus are available, the most popular are pizza and pasta . For pizza parties, the kids work
together to make the dough and sauce from scratch, and each child then creates hi~/her own
personal pizza . At pasta parties, kids work in pairs or individually to make their own pasta
dough, as well as Alfredo and marinara sauce from scratch. While pizza or pasta is cooking,
each child also gets to decorate his/her own cupcake, using frosting-filled pastry tubes and a
wide selection of toppings. We strive to make it a special day for each birthday child,
including the opportunity to help cook at the main island where their guests can watch them
on the large flat panel monitor. While kids are at the party, parents may enjoy other Town
amenities and/or cater in pizza, sandwiches or other food from local restaurants .
Adult Parties & Events
More than just a kids cooking school, Cucina Bambini is also a great place for corporate
events, company parties, and team building events for local businesses. Depending upon the
budget and goals of the event, we provide a wide variety of menus and activities, including
group cooking classes, cooking challenges (like "Chopped" or "Iron Chef' team challenges), or
dinner party events. Similar events are hosted for fam i ly gatherings, dinner parties with
· friends, or club or group events (e.g ., showers, cooking clubs, book clubs, Rotary, Kiwanis, Red
Hat Society, etc.). With the exception of occasional afternoon corporate or group events,
most Adult parties and events will occur in the evenings after 5:30pm.
Other Unique Uses
In addition to the various classes and activities described above, Cucina Bambini will also
work with local schools and youth organizations to provide field trips, fund raiser activities,
Page 3 of 7
#
()
(
~·
and unique opportunities like student Film/TV projects using our cooking studio. We will also
have other special events such as a "lunch-and-learn" demonstration series for local chefs to
interact with Town residents and show off their culinary skills. The Cucina Bambini kitchen
will also be available for local chefs to host their own special classes or ev~nts for their loyal
customers and/or staff.
Drop-in Activities
Aside from the scheduled classes and private events described above, Cucina Bambini
will be open periodically for drop-in activities such as cupcake making and decorating. The
schedule for drop-in activities will vary depending upon other classes and scheduled events,
and a staff member will be dedicated to supervise the flex/drop-in area whenever it is open.
When opened for drop-in activities, the flex area work tables will be arranged and all items
(e .g., cupcakes, frosting, toppings, etc.) will be set up ahead of time as appropriate for the
activity. The assigned staff member will greet customers and assist them with the activities.
Retail
The retail/flex room will include retail space for selling Cucina Bambini logo items (e.g.,
aprons, hats, t-shirts), as well as pasta machines, age-appropriate cooking utensils,
cookbooks, and other unique culinary gift items.
Hours of Operation
lOam -9pm, seven days a week
Maximum Class/Event Size (cumulative for Main Kitchen and Flex Area)
Mon-Fri, 10:00 am-5:30pm: 19 clients (+1 employee)
Mon-Fri , 5:30 pm-9:00pm: 34 clients (+2 employees)
Sat & Sun, 10:00 am-9:00pm: 34 clients (+2 employees)
Above is the maximum capacity (clients+ staff members) allowed pursuant to Town Code, which
requires one parking space per three clients and one parking space for each employee, based on
the number of parking spaces allocated to the Site (see allocations below). However, because we
will host different types of activities and events, staff requirements will vary. Accordingly, the
actual number of allowed clients will decrease by three (3) for each additional employee on site.
Examples (using a weekd.ay before 5:30pm):
If we have 2 employees working a weekday class, the allowed number of clients will be 16.
If we schedule a weekday Lil' Chef class for 8 kids with 1 employee, we can still
accommodate up to 8 drop-in customers in our flex area for cupcake decorating supervised
by another employee (i.e ., 16 customers + 2 employees).
If we have 3 employees on site during a weekday (e.g., 2 teaching and 1 prepping for
another event), then the total allowed number of clients is 13.
See Attached Parking Table for additional Instructor/Student ratio examples .
Page 4 of 7
(
~-
r
The proposed site has the following available allocation of parking spaces :
Mon -Fri, 10:00 am-5:30 pm :
Mon-Fri , 5:30pm-9:00 pm :
Sat & Sun , 10:00 am-9 :00 pm :
7.58 parking spaces *
13.58 parking spaces
13.58 parking spaces
* 7.58 spaces are currently allocated to the project site based on its square footage. Applicant has
entered into a parking agreement with the landlord for use of an additional six spaces after 5 :30pm on
Mon -Fri and all day on the weekends.
Employees
We expect to employ approximately 5 new employees from the local community, including 2
teaching chefs and 3 or more fun and energetic young-adults to help with birthday parties and
other children's events
Beer & Wine Serv ice
Beer and wine wiJI be available for purchase by adults (21 and over) at all scheduled classes, private
events, and drop-in activities-all of which involve the consumption of food. Beer and wine will be
kept in a dedicated refrigerator and wine rack in the main kitchen area, and will be served by staff
members of appropriate age and training. If more than one event or class is going on at the same
time (e.g., drop-inactivity in the flex area and a party in the main kitchen), a separate staff member
will be assigned to supervise each area, including monitoring clients who are drinking.
The applicable California Department of Alcohol and Beverage Control license to be applied for is
Type 41 (On -Sale Beer and Wine for Bona Fide Public Eat ing Place), which is the same license type
we hold for our current location in Willow Glen.
Nonalcoholic beverages such as soda and bottled water are also available for purchase. -A water
cooler is also always available . At private adult events {e .g., corporate events and private adult
parties), soda and sparkling water are included at no extra charge.
This proposal meets the intent of the Town of los Gatos Alcoholic Beverage Policy. In nearly 8
years at our current location in the Willow Glen neighborhood of San Jose we have had no
complaints related to our sales of alcohol and no history of non-compliance with local ordinances.
·Therefore this proposal will not jeopardize public safety, result in increase in calls for police
services, or compromise the quality of life for Town residents .
Further, in accordance with the Town of los Gatos Alcoho l ic Beverage Policy, we shall:
• Rema i n available to period ic meetings (at the discretion of the Chief of Police) conducted with
rep r esentatives form the Police Department for on-going employee training on alcoholic
beverage service to the general public; ·
• Use an employee training manual that addresse s alcoholic beverage service consistent with the
standards of the Cal ifornia Restaurant Association;
Page 5 of 7
•
(
• Have and actively promote a designated driver program such as complimentary non-alcoholic
beverages for designated drivers; and
• Post taxicab telephone numbers in a visible location.
Pickup & Delivery
We do not have any significant pickup or delivery of materials, supplies or retail goods. Staff will
shop for groceries and supplies as needed, and bring them in through the back door during normal
business hours . Periodic Fed Ex and UPS deliveries of miscellaneous items will occur during normal
business hours .
Justification for CUP Approval
The proposed uses of the property are essential or desirable to the public conveniences or
welfare.
As described above, the proposed use as a Cucina Bambini cooking school and event
venue will provide a wide variety of educational, entertainment, and cultural experiences for
Town youth, adults, and businesses . Cucina Bambini is unlike any other business in the Bay
Area, and we have a proven record of success over our 8 years of operation at our Willow
Glen facility.
The proposed uses will not impair the integrity and character of the zoning district;
The proposed project will not alter the exterior of the property in any way (except of
course for approved signage). The interior finishes, fixtures and appliance will all be of
extremely high quality, and will fit within the integrity and character of the district. The
proximity to the Farmer's Market and local restaurants will complement the culinary
character and spirit of the neighborhood.
The proposed uses would not be detrimental to public health, safety, or general welfare;
There is nothing in our proposed use, project plan, or business operation that we
understand to be detrimental to public health, safety, or general welfare. Our proposal to
offer beer and wine (Type 41 -On -Sale Beer and Wine for Bona Fide Public Eating Place) is
consistent with the nature of the business (e .g., in connection with adult cooking classes and
events) and we have never had any negative incident in nearly 8 years of operation in Willow
Glen.
The proposed uses of the property are in harmony with the various elements or objectives of
the General Plan and the purpose of this Ordinance.
As noted previously, our unique, locally-owned business is consistent with the existing
small -town character and identity of the Town of Los Gatos, and will provide residents of all
ages with new opportunities for education and entertainment in the world of food. Our
Page 6 of 7
..
(
(_. '
proposed use clearly addresses numerous Goals in the Land Use and Human Services
elements of the General Plan, including for example LU-1 , LU-9, LU-10, HS-2, HS-3, HS-4, HS-6
and HS-8 .
About t he Applicant
Ba llard School s, Inc. dba Cucina Bambini is a California corporation founded in 2001 by South Bay
natives Shelley and Rick Ballard. Shelley holds a B.A. in early childhood education from San Jose
State University, and is a former elementary school teacher and founder/operator of Ballard
Montessori School in San Jose. Rick holds a master's degree in physiology and a J.D . from Santa
Clara University School of Law, and is a local intellectual property attorney. Both are active in the
local community and non-profits organizations. Together, Shelley and Rick bring a unique
combination of experience and entrepreneurial spirit, together with a passion for food, healthy
eating, and education.
Before founding Cucina Bambini in 2008, the corporation owned and operated Ballard Montessori
School in San Jose . Over the 8 year period of ownership, we served the educational needs of over
1000 preschool and kindergarten age children and their families.
After selling Ballard Montessori, and as our own children grew and became increasingly interested
in the Food Network, Cooking Channel, and other cooking shows, we started to develop the idea to
use our past experience and own love for food to create a new cooking school that would appeal to
kids of varying skill levels. We also realized, however, that for such a business to really grow and be
successful, it had to appeal to a wide audience, including kids and adults of all skill and experience
levels. Thus, Cucina Bambini was born in early 2008. Since then, we have hosted over 3000
birthday parties and events, and served tens of thousands of residents in San Jose and the South
Bay. We look forward to the opportunity to open our second Cucina Bambini location in the Town
of Los Gatos.
Shelley Ballard
President
email: shelley@cucinabambini.com
Phone:408-564-7773
Rick Ballard
Vice President
Page 7 of 7
This Page
Intentionally
Left Blank
§
=I
v.
Parking Counts Monday-Friday 10:00 a.m. to 5:30 p .m.
Students I Spaces
Address Business Name Type of Use Calculation Square Feet Instructors Required
22 S. Santa Cruz Tate Diversified Development Office 1 per 250 2,365 9.46
22 S. Santa Cruz Maddox Kai Salon Personal Service 1 per 300 890 2.96
1 per 3 students +
22 S. Santa Cruz Cucina Bambini Group Class 1 per instructor 1,475 19 (1) 7 .33
II " " " " 16 (2) 7.33
II " " " " 13 (3) 7 .33
" " " " " 10 (4) 7 .33
" " " " " 7 (5) 7 .33
Total Sq Feet 4,730 TOTAL 19 .75
Provided 20
Parking Counts Monday-Fri day 5:30 p.m. to 9:00 p.m. and Saturday & Sunday 10:00 a.m. to 9:00 p .m.*
Students/ Spaces
Address Businsess Name Type of Use Calculation Square Feet Instructor Required
22 S. Santa Cruz Tate Diversified Development Office 1 per 250 2,365 3.46
22 S. Santa Cruz Maddox Kai Salon Personal Service 1 per 300 890 2.96
1 per 3 students +
22 S. Santa Cruz Cucina Bambini Group Class 1 per instructor 1,475 34 (2) 13.33
" " " " " 31 (3) 13.33 .. " " " " 28 (4) 13.33
" " " " " 25 (S) 13.33
" " " " " 22 (6) 13 .33
Total Sq Feet 4,730 TOTAL 19.75
Provided 20
• Parking agreement with the landlord for the use of an additional six spaces after 5:30p.m . Monday-Friday and all day Saturday & Su n day
EXHIBIT .5
rr ~l1">r::• r:-::0 \. '-uc.'~.pl=u \, '-"-J.J!
f;PR i 9 'l 0'6
TOWN OF LOS GAIOS PU-'>N~~\N G D IVISION
Ballard Schools, In~ dba Cucfna Bambini
1041 Lincoln Avenue • San Jose, CA 95125 • ph: 408-564-7773 • fax: 408-521-3666
February 8, 2016
Town of Los Gatos
Community Development Department
110 East Main Street
los Gatos, CA 95030
. .
RECEIVED
FEB 0 9 2016
TOWN OF LO S GATOS
PLANNING DIVISION
RE : Acknowledgement of Parking Agreement between Landlord and Cucina Bambini
22 South Santa Cruz Avenue, Suite B (APN-510-45-014)
To Whom It May Concern:
In connection with our Application for Conditional Use Permit (CUP) to operate a new location
for our Cucina Bambini business (specialty retail) at 22 South Santa Cruz Avenue, Suite B, please
consider the following:
In accordance with Section Number 5(b) of the Lease dated January 29, 2016 for the above-
referenced property (the ulease"), each Monday-Friday after 5 :30 p.m. California time, and all
day on Saturday and Sundays during the term of the Lease, Landlord assigned to Ballard
Schools, Inc. dba Cucina Bambini (Tenant) the use of six (6) additional parking spaces from the
total number of parking spaces allocated to Landlord in connection with its business operations
on the second floor of the same building.
Shelley Ballard
President
Acknowl edged and agreed by Landlord:
Ronald M. Tate
Rick Ballard
Vice President
EXHIBIT 6
This Page
Intentionally
Left Blank
r
)
RESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC ~EVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety,
,,
result in an increase of calls for police services and compromise the quality of life for Town
residents; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing serv~ce, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
EXHIBIT 7
I
I
I
PASSED AND ADOPTED at a regular meeting of the Town Council held on the I 'J'h 4ay
of September, 2001, by the following vote:
COUNCIL MEMBERS :
A YES : Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
-
ABSENT: None
ABSTAIN: None ~ t__:. .
SIG~: ·
. YO~TOWNOFLOSGATOS
ATTEST:
CLERK OF 'J;'HE TOWN OF LOS GATOS
LOS GA.jOS i CALIFORNlA . .
LOS GATOS, CALIFORNIA
2
I
I
I
I
L Purpose
r
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
1be consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, result in an increase of calls for police services and compromise the quality of life for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
· privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection of residential neighborhoods in close proximity to commercial districts
and still maintain the viability of our commercial centers in which restaurants have an essential
role. Houn of operation may be regulated baSed on an establishment's proximity to
residential neighborhoods or ~ools, the concentration of establishments in an area serving
alcoholic beverages or for other reasons that may arise at the public hearing . · ·
The deCiding body may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the following requirements :
II. Gen~ poliey
1. The Town shall continue to strongly discourage new applications for stand alone bars
or restaurants with separate bars .
2. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3 . Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process ~ adopted.
4 . Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditional use permit shall not be allowed:
A After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 AM Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use petmit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation. ·
E:xhi.bit A
I
I
i
l
Town of Los Gatos
A.lcoholic &vera~ Policy
Page 2of4
\
S . Any establishment serving alcoholic beverages shall be subject to the following:
A Uniformed privately provided security guards may be required in or around
the premises by the Chief ofPolice if alcohol related problems recur that are
not resolved by the licensed ·owner. ·
B. At the discretion of the Chi~ ofPolice, periodic meetings will be conducted
with representatives from the Police Department for on-going employee
training on alcoholic bevpge service to the general .public. .
.C. All establishments sball use an employee training manual that addresses
~coholic beverage se.Mce consistent with the standards of the Californian
iestautant Association.
D. AU li~ operators shall have and sb4ll activ~ly promote a designated
driverpr.ognan su.ch as complimentary non-alcoholic beverages for designated
drivers. .
E. Taxicab telephone numbers sbal1 be posted in a visible location.
6. The deciding body shall make the following findiJJas prior to approving an application
for conditional use permit to serve alcoholic ~es past lOPM:
A Late night semce will · not adversely impact adjacent residential
. neighborhoods.
B. The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy.
C. The applicant bas demonstrated a clear benefit to the community.
7. A meal is defined as a combination of food items selected from a menu (breakfilst,
lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals .
·Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
! .
I
I
Town of Los Gatos
Alcoholic Beverage Policy
Page3 of4
m Specific Policy
1. Restaurants:
Alcoholic beverages may only be served with meals.
2 . Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service sba1J be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holiday~ whichever is earlier, if late night bar service is available. Specific hours of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV. Review Process
1. Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning Commission .
The Commission will make a recommen$tion to the Town Council and the Council
shall have~ review authority .
2 . Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the· Community Development Department. The following process will
be followed :
a . The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Pennit for the location.
b. One year following issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited .
c. If the Director of Community De~elopment becomes aware of any alcohol
related impacts on the surrounding neighborhood , the Director shall review
the operation of the business to determine whether there is a violation of the
use pennit .
I
I
l
i
Town of Los Gatos
Alcoholic Beverage Policy
Page4of4
d. If there are violations of the use permit that have not been voluntarily
corre<;ted by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.310 of the Zoning
Ordinance . ·
e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modifY the conditional use permit if it finds that
sufficient grounds exist .
IV. Eaforcemeat
All conditi.onal·use permits issued to establishments for alcoholic beverage service on-site
shall be subject to Section 29.3,0.310(b) of the Town Code authorizins the Town Manager
to take enforcement acti~ if it is detennined that the sale of alcohol has become a nuisance
to the Town's public health, safety or welfare. Enfon:ement of section 29.20.310(b) of~
Town Code will be based on, but not limited to. the following factors:
I. The DU.JDber and types of calls for. service at or near the establishment wbieh that are
a direct result of patrons actiOns;
n. The number of coowlaintl rec:eived from residents ad other citizens concerning the
operation of an establiabmeat;
m. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated With an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health DepartDient;
V . Violation of conditions of approval related to alcoholic bevf:rage service.
The Alcoholic Beverage Policy is not to be construed to be aright of development. The Town retains
the right of review and approval (or denial) of each project based on its merits.
DEVELOPMENT PLANS
CUP Application No. U -16-001
22 S. Santa Cruz Avenue, Suite B
Rev. 03/05/2016
r
Applicant: Ballard Schools , Inc . dba Cucina Bambini
EXHIBIT 8
RC::CE[VED
APR 1 9 2016
TO\'Vl\' OF LOS GATOS
PU ... I~I ~!I\G DIV ISION
,r---.....
22 South Santa Cruz Avenue
~
CUP Application No. U-16-001
22 S . Santa Cruz Avenue, Suite B
Ballard Schools, Inc. dba Cucina Bambini
)
---1
)
Development Plans
Rev. 03/05/2016
pg. 1 of 7
/--
~~\v o'~ e~~ ~v'l>~ ~e<:::>
• ;...,<:::> <'1..'V~e 0~'0 ~v ' ~~<:::> •<J.-1) ~ e\.<?
q,"S.e
·~0~ :'\
)
fif~m•••rs 22 S. Santa Cruz Avenue, Suite B
o<--v1-
~\.'l>
c:, .c:,'l):.,.,CJe<:::> "{;~ 0'~
0
0
1------sewer ~ 0 0
access 0 v
D
water valves
~Maddox Sa~
a &Ci
BROADWAY
ALL CURRENTLY EXISTING
(NO PROPOSED CHANGES TO BUILDING EXTERIOR1 PROPERTY, OR UTILITIES)
CUP Application No. U-16-001
22 S. Santa Cruz Avenue, Suite B
Ballard Schools, Inc. dba Cucina Bambini
0 sewer
w
::> z w
~
N ::> a:
()
~ z
<( en
en
' l '
~
Scale :
1 in= 20ft
Development Plans
Rev. 03/05 /2016
pg . 2 of 7
,-
Existing
ADA Restrooms
"I I I I I •uP
access 0 and 0 lines\!
~CICICICICICICCCICICC
D
D
D
D
D
D
D
D
D
CUP Application No. U-16-001
22 S. Santa Cruz Avenue, Suite B
Ballard Schools, Inc. dba Cucina Bambini
,.,....--.,
EXI~_ .. ~I NG SPACE
(pre-buildout w/ existing utilit ies)
~(I I I I I I I . U,..
1475 Sq. Ft.
(Existing Fire Sprinklers throughout)
)
--"
)
~
Scale :
1 in= 8ft
Developme nt Plans
Rev. 03/05/2016
pg . 3 of 7
r
I
I I I I I .u,.,
CUP Application No. U-16-001
22 S. Santa Cruz Avenue, Suite B
Ballard Schools, Inc. dba Cucina Bambini
,...-..,
PROPOSL _) FLOORPLAN
(with dimensions)
.:::
('l -
Main Kitchen
.;:::
0
('<")
Retail I Flex Space
~
\
-;
~
Scale :
1 in =8ft
Development Plans
Rev. 03/05/2016
pg. 4 of 7
,--.......,
PROPl .... ED BUILDOUT
r-
t
(with retail spaces and modular tables for class set-up)
!1(1 I I I I I I •ul"'
~nKit~9
modular
I I I I I • UF' workta~
Retail I Flex Space
CUP Application No. U-16-001
22 S. Santa Cruz Avenue, Suite B
Ballard Schools, Inc. dba Cucina Bambini
)
-)
~
Scale:
1 in= 8ft
Development Plans
Rev. 03/05/2016
pg.~f7
EXISTING WEST ELEVATION
(
EXISTING SOUTH ELEVATION
(BROADWAY)
b ... .-' Application No. U -16-001
22 S. Santa Cruz Avenue, Suite B
Ballard Schools, Inc. dba Cucina Bambini
Development Plans
Rev. 03/05/2016
pg. 6 of 7
EXISTING NORTH ELEVATION
(
EXISTING EAST ELEVATION
(S. SANTA CRUZ AVE.)
C~P Application No. U-16-001
22 S . Santa Cruz Avenue, Suite B
Ballard Schools, Inc. dba Cucina Bambini
r
~.·::tJ '·' . ·.,;,. •' .·.
:=~·.; .. :: :. :
··~· .. . . . : ..
Development Plans
Rev. 03/05/2016
pg . 7 of 7