addendum

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MEETING DATE: 06/07/16 ITEM NO: 9

ADDENDUM COUNCIL AGENDA REPORT DATE:

JUNE 6, 2016

TO:

MAYOR AND TOWN COUNCIL

FROM:

LAUREL PREVETTI, TOWN MANAGER

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 11) were received between 11:01 a.m. Thursday June 2, 2016 and 11:00 a.m. Friday June 3, 2016. After the distribution of the Town Council packet, staff also received the following question from a Council Member. The question is in bold followed by staff’s response. Condition 10 of Exhibit A of Attachment 7 (Resolution to Approve): What is the condition if there is no shared parking because of landlord office use? Condition 10 states: 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.

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 Bambini\Addendum FINAL3.doc

6/6/2016 4:50 PM

PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 22 S. SANTA CRUZ AVENUE/U-16-003 JUNE 7, 2016 When the office use is open (Monday through Friday 8:00 a.m. to 5:30 p.m.) the maximum number of students is limited to 16 and the maximum number of instructors is limited to two as illustrated in Conditions 7 and 8. Conditions 7 and 8 state: 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.

If shared parking is not approved then Condition 10 would be removed. Additionally, Conditions 7 and 8 would need to be modified as illustrated below so that the proposed increased number of students (31) and instructors (three) would not be permitted: 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.

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 received with this Addendum: 11. Public Comments received between 11:01 a.m. Thursday June 2, 2016 and 11:00 a.m. Friday June 3, 2016. cc: Rick and Shelley Ballard, 1041 Lincoln Avenue, San Jose, CA 95125 Ron M. Tate, 22 S. Santa Cruz Avenue #2, Los Gatos, CA 95030