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Planning Commission approves Cork and Fork’s conditional use permit for 41st Avenue location with live music and outdoor patio
Summary
The Capitola City Planning Commission approved a conditional use permit allowing Cork and Fork to relocate to Unit B8 at 955 41st Avenue, including an outdoor patio and live entertainment; the approval is conditioned on standard building permits, an annual police entertainment permit and maintaining a valid ABC license.
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The Capitola City Planning Commission voted to approve a conditional use permit for a new Cork and Fork tenant space at 955 41st Avenue, Unit B8, allowing on-site beer-and-wine service, live entertainment and a roughly 300-square-foot outdoor patio. The motion passed by roll call; commissioners expressed support for bringing activity to the 41st Avenue shopping area.
Staff described the tenant space as an end unit of approximately 1,100 square feet with two entrances and an outdoor patio of about 300 square feet. Occupancy calculations included roughly 46 interior occupants and about 20 on the patio. The site is in the Regional Commercial zoning district; alcohol-for-on-site-consumption uses and live entertainment require discretionary approvals under the code, which is why the conditional use permit was before the commission.
Staff noted there are about 295 parking spaces on the larger property and that a prior parking analysis for a different tenant showed ample surplus; the staff parking calculation for this proposal indicated a surplus of about 60 spaces and therefore no parking shortfall was found. The proposal also must meet bike-parking standards; staff recommended two bicycle spaces as a condition.
The applicant — identified in the record as the proprietor of Cork and Fork — told the commission the business has operated in Capitola’s village for about eight years and is seeking more space to expand programming. The applicant explained the city’s entertainment-permit process for live music, which is administered annually by the police department, and said the application includes information on hours, management, security cameras and coordination with fire and health inspections. The applicant also said they intend to transfer their existing ABC Type 42 (beer-and-wine) license to the new location; staff clarified a Type 42 license limits sales to beer and wine and does not permit minors on the premises when alcohol is served.
Staff emphasized that interior renovations (kitchen equipment, ventilation, grease traps, electrical) will be subject to building permits and routed to county health, sanitation and fire as appropriate. The commission’s approval includes conditions requiring the applicant to obtain and maintain the police-issued entertainment permit for live music and to meet the city’s outdoor furniture and patio maintenance requirements.
After applicant remarks and brief commissioner comments welcoming the use, the commission approved the conditional use permit by roll call. The roll call recorded the following votes: Commissioner Howard — aye; Commissioner Q — aye; Commissioner Westman — aye; Chair Christensen — aye; Chair Estes — aye. The permit’s conditions require the applicant to obtain any necessary building permits, secure the annual entertainment permit from the police department, maintain or transfer the ABC license and provide two bicycle parking spaces.
The commission and staff noted the action is intended to support increased activity in the shopping center while ensuring public-safety and operational conditions are met through the police, building and health review processes.

