Attachment 07ATTACHMENT 7
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST FOR GROUP COOKING CLASSES
WITH BEER AND WINE SERVICE AND ALTERNATING
USE OF PARKING ON PROPERTY ZONED C-2
APN: 510-45-014
CONDITIONAL USE PERMIT APPLICATION: U-16-003
PROPERTY LOCATION: 22 S. SANTA CRUZ AVENUE
APPLICANT: RICK AND SHELLEY BALLARD
PROPERTY OWNER: RON M. TATE
WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP) for group
cooking classes with beer and wine service and alternating use of parking on property zoned C-2.
WHEREAS, on May 11, 2016, the Planning Commission considered a request for
approval of CUP application U-16-003 on property zoned C-2. The Planning Commission
recommended approval of the request with additional Conditions of Approval, finding that the
proposed use of the property is essential or desirable to the public convenience in that it provides
a cooking school service to Los Gatos residents, 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, the proposed use would not be detrimental to public health, safety or general
welfare in that the conditions regarding the parking agreement, operating hours, and service of
alcoholic beverages placed on the permit would maintain the welfare of the community, 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 May 11, 2016 Planning
Commission Staff Report.
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of materials contained in the Council Agenda Report for
their meeting on June 7, 2016, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. Pursuant to Town Code section 29.20.190, the request for a CUP is desirable to
the public convenience; will not impair the integrity and character of the zone; would not be
detrimental to public health, safety or general welfare; and is in harmony with the various
elements or objectives of the General Plan and the purposes of the Town Code. These findings
are based on the evidence presented in the Council Agenda Report for its meeting on June 7,
2016, and incorporate the findings made by the Planning Commission on May 11, 2016,
regarding this application.
B. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED:
1. CUP application U-16-003 for group cooking classes with beer and wine service
and alternating use of parking is approved.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as
the Conditions of Approval for this permit.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 7th day of June, 2016, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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PLANNING COMMISSION – May 11, 2016
CONDITIONS OF APPROVAL
22 S. Santa Cruz Avenue
Conditional Use Permit U-16-003
Requesting approval for a Conditional Use Permit to operate group cooking classes
(Cucina Bambini) with beer and wine service and alternating use of parking on property
zoned C-2. APN 510-45-014.
PROPERTY OWNER: Ronald M. Tate
APPLICANT: Ballard Schools, Inc.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval and in substantial compliance with the approved plans. Any
changes or modifications to the approved plans shall be approved by the Community
Development Department Director, DRC, or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit
has been granted is discontinued for a period of one (1) year the approval lapses.
4. USE: The approved use is for group cooking classes with beer and wine service.
5. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 9:00 p.m.
seven days a week.
6. 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 5:30 p.m.
shall not exceed a number that is supported by 7.33 parking spaces with the exception
listed in condition 8.
7. MAXIMUM NUMBER OF STUDENTS/CUSTOMERS: Monday through Friday
from 10:00 a.m. to 5:30 p.m. the maximum number of students/customers shall be
16. After 5:30 p.m. Monday through Friday and from 10:00 a.m. to 9:00 p.m.
Saturday and Sunday the maximum number of students/customers shall be 31.
8. MAXIMUM NUMBER OF INSTRUCTORS/STAFF: Monday through Friday from
10:00 a.m. to 5:30 p.m. the maximum number of instructors/staff shall be two. After
5:30 p.m. Monday through Friday and from 10:00 a.m. to 9:00 p.m. Saturday and
Sunday the maximum number of instructors/staff shall be three.
9. SHARED PARKING AGREEMENT: Classes conducted after 5:30 p.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 of 22 S. Santa Cruz Avenue extends its
operating hours or a different use were to occupy the space at 22 S. Santa Cruz Avenue,
this condition is void and the maximum number of students and instructors shall be set as
in condition 6.
EXHIBIT A of Attachment 7
10. SHARED PARKING AGREEMENT: Classes conducted after 5:30 p.m. Monday
through Friday and Saturday and Sunday from 10:00 a.m. to 9:00 p.m. are
permitted additional students and instructors. If the office use located on the second
floor of 22 S. Santa Cruz Avenue extends its operating hours or a different use were
to occupy the space at 22 S. Santa Cruz Avenue, this condition is void and the
maximum number of students and instructors shall be set as in conditions 7 and 8.
11. PARKING OPTIONS: The applicant shall inform customers of alternate parking
options in the Town.
12. EMPLOYEES: A Cucina Bambini employee shall be present when non-employees
teach a class (i.e. guest chef);
13. DROP-IN SPACE: When the drop-in space is available, a staff member shall be
dedicated to supervise the area and assist customers.
14. 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.
15. ALCOHOL SERVICE WITH MINORS: No alcohol shall be served when minors
are present.
16. REVIEW: There shall be a review of the CUP by the Planning Commission at the
three month, six month, nine month, and one year period from when the business
commences operation.
17. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencing
business or prior to issuance of building permit.
18. SIGN PERMIT: A sign permit is required for any new signs or any change of existing
signs.
19. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy
must be obtained prior to commencement of use.
20. BUSINESS LICENSE: A business license is required from the Town of Los Gatos
Finance Department prior to commencement of use.
21. 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
22. 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.
23. 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.
24. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, max. 30” x
42”.
25. 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.
26. TITLE 24 ACCESSIBILITY – 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 10.b.
27. 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
28. 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.
29. 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.
30. PLANS: The construction plans for this commercial building tenant improvement shall
be prepared under the direct supervision of a California licensed Architect or Engineer.
31. 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
32. ADVISORY COMMENTS for TENANT IMPROVEMENTS:
a. In addition to all new work complying with the Code for accessibility, when existing
Buildings are altered or remodeled they must be made accessible to persons with
physical disabilities in accordance with the CBC Section 11B-202, “Accessibility for
Existing Buildings”. Existing accessibility features and/or elements required to be
accessible in order of priority include: (a) Accessible main entrance with required
signage and proper door hardware that does not require tight grasping; (b) Accessible
route to altered area (including parking space and path of travel from public way);
(c) Accessible Restrooms; (d) Accessible indoor and outdoor seating.
b. Where the cost of alterations or remodeling is less than a threshold amount (currently
at $150,244.00) and the cost to provide all those features listed above is
disproportionate to the improvement costs (i.e. more than 20% of the budget), then
the Owner is only required to provide disabled access upgrades to 20% of the budget
cost for alterations with the approval of the Building Official. Please obtain the Town
20% Rule Form from the Town Permit Counter or download from the Town of Los
Gatos website at www.losgatosca.gov and completely fill it out showing all the
required upgrades that will be provided and their costs. This form must be
permanently affixed (i.e. blue-lined, sticky-backed) to the plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
33. 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.
34. 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.
35. 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.
36. 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.
37. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of the Applicant's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. The Applicant shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
38. 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.
39. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
40. 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.
41. CURB AND GUTTER REPAIR: The Applicant shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. All
new and existing adjacent infrastructure must meet Town standards. New curb and gutter
shall be constructed per Town Standard Details. New concrete shall be free of stamps,
logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal
shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of
the project. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
42. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’s rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval
from the Town Engineer.
43. CONSTRUCTION HOURS: All site improvements and construction activities, including
the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be
limited to the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m.
weekends and holidays. The Town may authorize, on a case-by-case basis, alternate
construction hours. The Applicant shall provide written notice twenty-four (24) hours in
advance of modified construction hours. Approval of this request is at discretion of the
Town.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
50. 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.
51. FIRE EXTINGUISHER: A fire extinguisher shall be installed and maintained per CFC
Sec. 906 and applicable sections of the California Health and Safety Code.
52. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers, or approved building identification placed in a position that
is plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5
inch (12.7 mm). Where access is by means of a private road and the building cannot be
viewed from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
53. UNIFORMED SECURITY: Uniformed privately provided security guards may be
required in or around the premises by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
54. 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.
55. 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.
56. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
57. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
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