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Desk ItemZpW N OF V14 oy 6�zps DATE: TO: FROM: COUNCIL AGENDA REPORT JUNE 7, 2016 MAYOR AND TOWN COUNCIL LAUREL PREVETTI, TOWN MANAGER MEETING DATE: 06/07/16 ITEM NO: 9 DESK ITEM SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-16-003. PROJECT LOCATION: 22 S. SANTA CRUZ AVENUE. PROPERTY OWNER: RONALD M. TATE TRUSTEE APPLICANT• RICK AND SHELLEY BALLARD. CONSIDER A REQUEST FOR A CONDITIONAL USE PERIT TO OPERATE GROUP COOKING CLASSES (CUCINA BAMBINI) WITH BEER AND WINE SERVICE AND ALTERNATING USE OF PARKING ON PROPERY ZONED C -2. APN 510 -45 -014. REMARKS: The attached public comments (Attachment 12) were received between 11:01 a.m. Friday June 3, 2016 and 11:00 a.m. Tuesday June 7, 2016. After the distribution of the Town Council packet, staff received a number of questions from a Council Member. The questions are in bold followed by staffs response. I. In Exhibit 5, there are two tables that have the same provided number of spaces but they are for different times. The asterisk even indicates additional spaces after 5:30 p.m. so they should not be the same. The first table displays potential combinations of class sizes and staff /instructors for the daytime hours. The second table displays potential combinations of class sizes and staff/instructors for the evening and weekend hours when the applicant has additional parking space credits through the shared parking agreement. The parking agreement with the landlord (second floor tenant) allocates six of their 9.46 required spaces to the applicant PREPARED BY: JOEL PAULSON Community Development Director Reviewed by: N/A Assistant Town Manager Town Attorney Finance S:\COUNCIL REPORTS\2016\06 -07- 16 \Cucina BambiniOD klt= Final.doc 6/7/2016 2:11 PM PAGE MAYOR AND TOWN COUNCIL SUBJECT: 22 S. SANTA CRUZ AVENUE/U -16 -003 JUNE 7, 2016 during the evening and weekend times. The required number of parking spaces for the second floor office use in the daytime hours is 9.46. The remaining number of parking spaces for the second floor office use in the evening and weekend hours is 3.46 as a result of the shared parking agreement, resulting in the same total number of provided parking spaces as illustrated in the table. 2. Why is the required number the same for all student count options for a given table rather than increasing with the number of students? In order to meet the required parking, the applicant must balance the number of students /customers and staff /instructors. As the number of students /customers increase, the number of staff /instructors would need to decrease in order to maintain the same required number of parking spaces. 3. Do we have any examples of a Type 41 Beer and Wine license being limited to times when children are not present? Any precedent on this? Do we have any problems with beer and wine being served in establishments that have children? To staff's knowledge there is not a Conditional Use Permit (CUP) with a Type 41 On -Sale Beer and Wine license that limits the sale of beer or wine when children are not present. A Type 41 On -Sale Beer and Wine license for a Bona Fide Public Eating Place is a typical license for restaurants in Town that serve beer or wine. Staff is not aware of any establishments with outstanding problems due to beer and wine being served when children present. 4. Are there examples of quarterly reviews of CUP's? If so, what is the reason to do so at this frequency? If not at this frequency what is the precedent for how often? Do these reviews cost the applicant anything? How much is the cost to the Town? To staffs knowledge there is not a CUP that requires a quarterly review. A condition of approval for a six month or one year review is more typical. The reviews are at the cost of the applicant. The applicant is required to pay on a time and materials basis. 5. It is unclear to me what "inform the customers about alternate parking options" means. Does this mean that the applicant must tell the customers how to find another parking lot? Yes, condition of approval #11 (Attachment A of Exhibit 7) is intended to require that the applicant notify customers of other parking options in Town via website, telephone, pamphlets, or handouts. The Council may choose to clarify the dissemination of information to customers for additional clarification in the condition. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 22 S. SANTA CRUZ AVENUE/U -16 -003 JUNE 7, 2016 6. After reading the Planning Commission minutes, I believe Attachment 7 does not reflect their motion. Attachment 7 has the maximum students and maximum staff separated, but the discussion and motion is about a chart of a combination of the two with the top line removed. The chart allows the staff to go beyond two as long as students are reduced. Please provide an option that matches the motion of allowing a sliding scale or explain that the motion was not meant to be a sliding scale. On page 91 of the verbatim minutes contained in Attachment 3, the maker of the motion, Commissioner Hudes stated he is concerned with the intensity of use that the project will generate and that the motion would include specifying the maximum as 16 students/customers and two staff/instructors for the daytime use and 31 students /customers and three staff/instructors for the evening and weekend use. The motion is repeated to the Commissioners by the Planning Director on page 93 and 94 of Attachment 3. However, by recommending a maximum number of students /customers and staff /instructors, the request for a sliding scale is therefore eliminated. The condition now specifies the maximum number of students /customers and staff /instructors that the business shall not exceed. For example, the business may have a reduced class size; however, the condition restricts the ability to increase the number of staff /instructors to more than two for the daytime use or three for the evening and weekend use. The Council may choose to modify the condition of approval recommended by the Planning Commission. Attachments previously received with June 7, 2016 Staff Report: 1. May 11, 2016 Planning Commission Staff Report (with Exhibits 1 -8) 2. May 11, 2016 Planning Commission Desk Item (with Exhibit 9) 3. May 11, 2016 Planning Commission Verbatim Minutes (99 pages) 4. Letter from the Property Owner Re: Shared Parking Agreement, received May 19, 2016 5. Letter from the Property Owner, received May 27, 2016 6. Letter from the Applicant, received May 26, 2016 7. Draft Resolution to approve the project (includes Exhibit A) 8. Draft Resolution to remand the project to the Planning Commission 9. Draft Resolution to deny the project 10. Public Comments received by 11:00 a.m., Thursday, June 2, 2016 Attachments previously received with June 7, 2016 Addendum: 11. Public Comments received between 11:01 a.m. Thursday June 2, 2016 and 11:00 a.m. Friday June 3, 2016. Attachments received with this Desk Item: 12. Public Comments received between 11:01 a.m. Thursday June 2, 2016 and 11:00 a.m. Friday June 3, 2016. Dear Town Council, Regarding the neighboring business proposal at 22 S. Santa Cruz Ave- nue, to secure a CUP for a cooking school and service of wine and beer, please consider withholding the alcohol service portion. Secondly, con- sider parking at this end of town. Thirdly, consider a screening re- quirement to hold children's classes without parents in attendance. This end of town, very close to the Broadway neighborhood, is heavy with alcohol service already: Main Street Burgers, Willow Street, Number One Broadway, and just across Main, the upstairs Los Gatos Bar and Grill. Just south of the hardware store is Toll House, which al- so serves liquor. At least four of these establishments have been prob- lematic to the neighborhood in the past, with very disturbing outdoor noise as patrons are coming and going. Willow is a half step away from being a club. See their website, "If Los Gatos had a clubhouse, it would surely be Willow Street." Currently they are promoting a Happy Hour, again, the focus on alcohol. I worry that in time, this end of town will become an entertainment zone, and there will be no turning back. Willow, Main Street Burgers came in without alcoholic beverage ser- vice. Once established, they begged that their customers demanded wine beer, and later, at Willow, a full bar. My understanding is that the CUP goes with the property, even of ter a particular business ceases, so we would be opening this additional space to becoming a continuing liquor establishment. Parking is problematic for all these businesses. Timed parking in the daytime is of help here on Broadway, except in the case of Willow Street. Despite the agreement to provide their own attended stacked ATi'IA'CHNIEN7 12 parking on the premises, the Willow work staff parks on Broadway and moves their cars every two hours. Even if the current ownership of #22 has an agreement to use Toll House spaces, there are not enough spaces for a 18 -30 person cooking class or team building event. At the Planning Commission hearing, the subject of child care came up. I know the town wouldn't screen, but perhaps the proper screening of those left with the responsibility of handling a room full of children should be a requirement. Sans the alcohol, child care, and parking issues, I would welcome cook- ing classes just on my corner. Sur la Table has great offerings, and Williams Sonoma has demonstrations. Another would be welcomed by me. Thank you so much for your careful considerations. Gail Randolph #42 Broadway Los Gatos, CA 95030 Jocelyn Puga To: Janette Judd Subject RE: Agenda Item 9 - Cucina Bambini From: Angelia Doemer [mailto:saveourhood0vahoo.com] Sent: Tuesday, June 07, 2016 9:47 AM To: Council; BSpector; Marico Sayoc; Marcia Jensen; Steven Leonardis; Rob Rennie Cc: Laurel Prevetb Subject: Agenda Item 9 - Cucina Bambini I was unable to attend the Planning Commission meeting when this application was heard - but I have watched the video and have a couple comments: I was thoroughly impressed with Monica Renn. I have felt a great level of confidence in her attitude and aptitude on matters addressed in the past. On this matter, my confidence - and appreciation for her efforts - has been elevated to "high ". o She came to the meeting upon a "we need you here" call - demonstrating her commitment to her job - and to this application. I had no idea that her job responsibilities included such a high level of involvement in actually assisting potential business operations to find the right "fit" for doing business in our Town. She truly understood this application and I feel her in -depth knowledge, when conveyed to the Planning Commission, was a valuable contribution in the vetting process. As to Cucina Bambini - YES! YES! YES! I am truly excited about this venture not only coming into our downtown, but in coming to one area of the downtown that truly needs jolt of energy like what this will offer. • I get my hair cut in Willow Glen and spend some time there - I have heard lots of things about this business - its owners, its reputation, its "product" - all extremely positive! • A "go to" business where a finite group of people - whether family, club, company, or strangers - can share time learning about cooking and food, and each other; an experience they "take with them" at the end of the day and will share with others prompting them to give it a try and being put on many others' "go -to -" list! • Lights, cameras, ACTION! is so needed on that "strip" of downtown. The sidewalks truly get "rolled up" once the post office closes for the day. The park goes dark! People should be using that park for impromptu picnics, get - togethers - but it is NOT inviting. Cucina's venue will brighten and heighten the awareness of the park and opportunities to use it as the public park that it is - another "go -to" place. • Perhaps, with the increased visibility, not only will Cucina thrive (and I am confident they will), downtown restaurants (Willow Street, Blue Line, Pizza My Heart, La Bough, Andeles, etc) could offer "specials" for "Picnics in the Park" - bringing more people downtown and energizing that area. You will be hearing from me, whenever a certain appeal about another business wanting to be in the other side of downtown is addressed by you. My thoughts on THAT venture couldn't be more different than what I have expressed about THIS application. Thank you for listening. Angelia Doerner Live Simply, Laugh Often