Planning Commission Packet 06-12-2024Page 1
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
JUNE 12, 2024
110 EAST MAIN STREET
TOWN COUNCIL CHAMBERS
7:00 PM
Steven Raspe, Chair
Emily Thomas, Vice Chair
Jeffrey Barnett, Commissioner
Susan Burnett, Commissioner
Melanie Hanssen, Commissioner
Kathryn Janoff, Commissioner
Adam Mayer, Commissioner
IMPORTANT NOTICE
This is a hybrid/in-person meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below).
Members of the public may provide public comments for agenda items in-person or virtually through
the Zoom webinar by following the instructions listed below. The live stream of the meeting may be
viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to
join: https://losgatosca-gov.zoom.us/j/83952169310?pwd=Tbdb6Mz193M9-voTz-
xO_q8AaSsM3Q.PjpwLenhdMHr0sra.
Passcode: 103584. You can also type in 839 5216 9310 in the “Join a Meeting” page on the Zoom
website at https://zoom.us/join and use passcode 103584.
When the Chair announces the item for which you wish to speak, click the “raise hand” feature in
Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise
your hand.
Telephone: Please dial (877) 336-1839 US Toll-free or (636) 651-0008 US Toll. (Conference code:
686100). If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the Chamber benches
and return it to the Vice Chair before the meeting or when the Chair announces the item for which
you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Chair’s discretion.
(2) If you are unable to participate in real-time, you may email to the subject line “Public Comment Item
#__” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda
Item.” All comments received will become part of the record.
(3) Deadlines to submit written public comments are:
11:00 a.m. the Friday before the Planning Commission meeting for inclusion in the agenda packet.
11:00 a.m. the Tuesday before the Planning Commission meeting for inclusion in an addendum.
11:00 a.m. on the day of the Planning Commission meeting for inclusion in a desk item.
(4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to
planning@losgatosca.gov no later than 3:00 p.m. on the day of the Planning Commission meeting.
MEETING CALL TO ORDER
ROLL CALL
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PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS (Members of the public may address the Commission on any matter
that is not listed on the agenda. Unless additional time is authorized by the Commission, remarks
shall be limited to three minutes.)
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Planning Commission
acts on the consent agenda, any member of the public Commission may request that any item be
removed from the consent agenda. At the Chair’s discretion, items removed from the consent
calendar may be considered either before or after the Public Hearings portion of the agenda.)
1. Draft Minutes of the May 22, 2024 Planning Commission Meeting
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a
total of five minutes maximum for opening statements. Members of the public may be allotted
up to three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of three minutes maximum for closing
statements. Items requested/recommended for continuance are subject to the Commission’s
consent at the meeting.)
2. Requesting Approval for a Private Sports Recreation Club on Property Zoned C-1.
Located at 15920 Los Gatos Boulevard. APN 523-01-011. Conditional Use Permit
Application U-24-005. Categorically Exempt Pursuant to CEQA Guidelines Section
15301: Existing Facilities. Property Owner: Carl Cilker. Applicant: Mary C. Egan. Project
Planner: Jocelyn Shoopman.
3. Consider an Appeal of the Community Development Director Decision to Deny a
Request to Remove a Presumptive Historic Property (Pre-1941) from the Historic
Resources Inventory on Property Zoned R-1:8. Located at 32 Euclid Avenue. APN 529-
30-064. Exempt Pursuant to CEQA Section 15061 (b)(3). Request for Review Application
PHST-24-001. Property Owner/Applicant/Appellant: David Wilson. Project Planner:
Sean Mullin. Continued from the May 8, 2024 Meeting.
OTHER BUSINESS
4. Review Proposed Development Agreement Procedures and Recommend Adoption to
Town Council.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
SUBCOMMITTEE REPORTS / COMMISSION MATTERS
ADJOURNMENT (Planning Commission policy is to adjourn no later than 11:30 p.m. unless a
majority of the Planning Commission votes for an extension of time)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to
make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].
Planning Commission meetings are broadcast Live on KCAT, Channel 15 (on Comcast) on the 2 nd and 4th Wednesdays at 7:00 p.m.
Live and Archived Planning Commission meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 06/12/2024 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
MAY 22, 2024
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, May 22, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Steve Raspe, Vice Chair Emily Thomas, Commissioner Jeffrey Barnett,
Commissioner Susan Burnett, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff,
and Commissioner Adam Mayer.
Absent: None.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – April 10, 2024
2. Approval of Minutes – May 8, 2024
MOTION: Motion by Vice Chair Thomas to approve adoption of the Consent
Calendar with correction of a typographical error in the May 8, 2024
minutes. Seconded by Commissioner Burnett.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
3. Draft Revised 2023-2031 Housing Element
General Plan Amendment Application GP-24-001
Applicant: Town of Los Gatos
Location: Townwide
Project Planners: Erin Walters and Jocelyn Shoopman
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PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MAY 22, 2024
Consider and make a recommendation to the Town Council on adoption of the Draft
Revised 2023-2031 Housing Element. An environmental analysis based on the
previously certified 2040 General Plan Final Environmental Impact Report has been
prepared for the Los Gatos 2023-2031 Housing Element.
Erin Walters, Associate Planner, presented the staff report.
Opened and Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to adopt the resolution in Exhibit 8
forwarding a recommendation of Town Council to approve the Draft
Revised 2023-2031 Housing Element. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
4. 16510 Topping Way
Architecture and Site Application S-23-016
APN 532-09-029
Property Owner: Steve Bamberger and Susan McGovern
Applicant: Eric Beckstrom
Project Planner: Sean Mullin
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence on property zoned R-1:8. Categorically
exempt pursuant to the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Sean Mullin, Senior Planner, presented the staff report.
Opened Public Comment.
Eric Beckstrom, Applicant/Architect
- We designed a traditional/transitional style with the forms broken up. Originally, the
applicants planned a house about 1,000 square feet larger and with an ADU, but after
consideration decided to make it smaller to better fit the neighborhood. The consulting
architect questioned the front gable, so we lowered the entire house by 15 inches. I have
worked on traditional historic projects, and this house fits with Hilow Road and Marchmont
Drive where houses are much larger. I think the neighborhood guidelines that compare a
Los Gatos house to just five houses around it can be confusing.
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PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MAY 22, 2024
Lee Quintana
- The Design Guidelines were created so that when houses are modified or enlarged there is
a gentle evolution rather than going from a small house to a large house, or one that seems
large. The Design Guidelines specifically define the neighborhood that is supposed to be
considered, and in this case the design makes the house slightly more compatible with the
neighborhood, but it is still not compatible. If the garage were taken off the house and put
in the back where it currently is and where a lot of houses have their garages, it would not
be as prominent. There is room to move the second story back, so it is not as impressive.
This neighborhood is in transition, but transition to me means gradual small steps, not big
steps.
Steve Bamberger, Co-owner
- We have tried to be conscious not to overbuild and keep the house from being too
cumbersome. We originally had an additional 1,000 square feet inclusive of an ADU, but
we thought it was too big for the neighborhood, and that’s one of the reasons we scaled
back. With respect to moving the house back, we worked to not have the front be too big
and have the big gable set back a little. We ask to not have to move the entire house back,
because we love the fact that our lot provides room for a back yard, and we’d like to
preserve as much of that space as possible. Two of the houses in the immediate
neighborhood would be larger than what we propose.
Closed Public Comment.
Commissioners discussed the matter.
Opened Public Comment.
Commissioners asked questions of the applicant.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to approve an Architecture and Site
Application for 16510 Topping Way. Seconded by Commissioner
Hanssen.
VOTE: Motion passed 6-1 with Commissioner Burnett dissenting.
REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
None.
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PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MAY 22, 2024
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historical Preservation Committee
Commissioner Burnett
- The HPC met May 22, 2024 and discussed two items.
ADJOURNMENT
The meeting adjourned at 8:04 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
May 22, 2024 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
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PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 06/12/2024
ITEM NO: 2
DATE: June 7, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for a Private Sports Recreation Club on Property Zoned
C-1. Located at 15920 Los Gatos Boulevard. APN 523-01-011. Conditional
Use Permit Application U-24-005. Categorically Exempt Pursuant to CEQA
Guidelines Section 15301: Existing Facilities. Property Owner: Carl Cilker.
Applicant: Mary C. Egan. Project Planner: Jocelyn Shoopman.
RECOMMENDATION:
Consider approval of a request for a private sports recreation club on property zoned C-1,
located at 15920 Los Gatos Boulevard.
PROJECT DATA:
General Plan Designation: Mixed Use Commercial
Zoning Designation: C-1
Applicable Plans & Standards: General Plan; Commercial Design Guidelines
Parcel Size: 1.05 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Mixed Use Commercial CH
South Commercial Mixed Use Commercial C-1
East Residential Medium Density Residential RD
West Office and Commercial Mixed Use Commercial O and CH
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PAGE 2 OF 6
SUBJECT: 15920 Los Gatos Boulevard/U-24-005
DATE: June 7, 2024
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities.
FINDINGS:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located in the Cornerstone shopping center on the east side of Los
Gatos Boulevard and approximately 400 feet north of the intersection of Blossom Hill Road and
Los Gatos Boulevard (Exhibit 1). The project site is 1.05 acres and is currently vacant, but was
previously occupied by Rite Aid until May 2023. Access to the parcel through the Cornerstone
shopping center is provided by two points of access with ingress and egress on Los Gatos
Boulevard and one point of access with ingress and egress on Blossom Hill Road (Exhibit 1).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located within the Cornerstone shopping center located on the east
side of Los Gatos Boulevard and approximately 400 feet north of the intersection of
Blossom Hill Road and Los Gatos Boulevard (Exhibit 1). The surrounding area contains a mix
of uses with commercial to the north, two-family uses to the east, commercial uses to the
south, and office and commercial uses to the west.
B. Project Summary
The applicant is requesting approval of a Conditional Use Permit (CUP) for a private sports
recreation club (Exhibit 4). Due to the size of the existing building, the applicant is not
proposing any outdoor recreation spaces, such as a sport court or swimming pool.
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PAGE 3 OF 6
SUBJECT: 15920 Los Gatos Boulevard/U-24-005
DATE: June 7, 2024
PROJECT DESCRIPTION (continued):
C. Zoning Compliance
The property is zoned C-1. The proposed use, a private sports recreation club requires a
CUP in the C-1 zone.
DISCUSSION:
A. Zoning
A private sports recreation club is allowed as a conditional use in the C-1 zone, requiring
approval of a CUP. The project is not proposing any exterior alterations to the design of the
building and the complies with the zoning requirements related to lot coverage, building
height, parking, and circulation. The applicant is not requesting any exceptions or Variances
to the Town Code.
B. Conditional Use Permit
The proposed project is for a private sports recreation club. The applicant is proposing
operation hours of 5:00 a.m. to 11:00 p.m. seven days a week. The proposed use will
operate as a fitness center with free weights, weight machines, personal training, and
ancillary fitness classes programmed throughout the day. A juice bar is proposed within the
existing floor area of the building to offer food and drink options for purchase by members
of the club, including, but not limited to smoothies, acai bowls, coffee, and pre-packaged
foods, such as salads and protein bars (Exhibit 5). Due to the size of the existing building,
the applicant is not proposing any outdoor recreation spaces, such as a sport court or
swimming pool. Per Section 29.20.750 of the Zoning Code, the Planning Commission is the
deciding body for a private sports recreation club use.
In order to grant approval of a CUP for the proposed use, 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;
2. The proposed use would not impair the integrity and character of the zone;
3. The proposed use would not be detrimental to public health, safety, 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.
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SUBJECT: 15920 Los Gatos Boulevard/U-24-005
DATE: June 7, 2024
DISCUSSION (continued):
In regard to the first finding, the proposed use is desirable to the public convenience
because it provides a private sports recreation club with exercise opportunities for visitors
and residents. As required by finding two, the proposed use would not impair the integrity
of the zone, in that the proposed use is a commercial use and would be located in a
commercial zone. In regard to the third finding, the proposed use would not be detrimental
to public health, safety, or general welfare, as the conditions placed on the permit would
maintain the welfare of the community. In regard to the final finding, the proposed use is in
conformance with the Town Code and General Plan as discussed within this report.
C. Parking
The project site is located in the Cornerstone shopping center which contains a total of 285
parking spaces (Exhibit 7). The proposed use requires one parking space per 350 square
feet of gross floor area (52 parking spaces). The total required parking for the proposed use
plus all existing uses within the shopping center is 226 parking spaces. The existing parking
on site meets the Town’s requirements because it exceeds the required parking by 59
parking spaces.
D. General Plan
The 2020 General Plan Land Use designation for the site is Mixed Use Commercial. This
designation permits a mixture of retail, office, and residential in a mixed-use project, along
with lodging, service, auto-related businesses, non-manufacturing industrial uses,
recreational uses, and restaurants. Projects developed under this designation shall
maintain the smalltown, residential scale and natural environments of adjacent residential
neighborhoods, as well as provide prime orientation to arterial street frontages and proper
transitions and buffers to adjacent residential properties. This designation should never be
interpreted to allow development of independent commercial facilities with principal
frontage on the side streets.
Applicable goals and policies of the 2020 General Plan Land Use and Community Design
Elements include, but are not limited to the following:
Policy LU-2.1 – Minimize vehicle miles traveled for goods and services by allowing and
encouraging stores that provide these goods within walking distance of neighborhoods
in Los Gatos.
Goal LU-4 – To provide for well-planned, careful growth that reflects the Town’s existing
character and infrastructure.
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PAGE 5 OF 6
SUBJECT: 15920 Los Gatos Boulevard/U-24-005
DATE: June 7, 2024
DISCUSSION (continued):
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.
Policy LU-13.2 – Commercial activity along Los Gatos Boulevard shall complement the
whole Town and shall provide a dependable source of income, employment
opportunities, goods, and services.
Policy LU-13.5 – Establish and maintain appropriate boundaries between the
commercial uses along Los Gatos Boulevard and adjacent residential neighborhoods.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At the time this report was published, no comments had been received.
CEQA DETERMINATION:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act (CEQA), Section 15301: Existing Facilities.
CONCLUSION:
A. Summary
The applicant is requesting approval of a CUP for a private sports recreation club in the C-1
zone. The project is consistent with the Zoning Code and General Plan.
B. Recommendation
Based on the analysis above, staff recommends approval of the CUP application subject to
the recommended Conditions of Approval.
If the Planning Commission finds merit with the proposed project, it should:
1. Find that the project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities (Exhibit 2);
2. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) (Exhibit 2);
3. Make the findings as required by Section 29.20.190 of the Town Code for granting a CUP
(Exhibit 2); and
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PAGE 6 OF 6
SUBJECT: 15920 Los Gatos Boulevard/U-24-005
DATE: June 7, 2024
CONCLUSION (continued):
4. Approve CUP application U-24-005 with the conditions contained in Exhibit 3, and
development plans included as Exhibit 7.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
EXHIBITS:
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval
4. Letter of Justification
5. Business Description
6. Existing Photos
7. Site and Parking Plan
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Update Notes:
- Updated 12/20/17 to link to tlg-sql12 server data (sm)
- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label
- Updated 10/8/20 to add street centerlines which can be useful in the hillside area
- Updated 02-19-21 to link to TLG-SQL17 database (sm)
- Updated 08-23-23 to link to "Town Assessor Data" (sm)
EXHIBIT 1
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PLANNING COMMISSION – June 12, 2024
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
15920 Los Gatos Boulevard
Conditional Use Permit Application U-24-005
Requesting Approval for a Private Sports Recreation Club on Property Zoned C-1.
Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Property Owner: Carl Cilker. Applicant: Mary C. Egan. Project Planner: Jocelyn
Shoopman.
FINDINGS
Required findings 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 compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
Required Findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit:
1. The proposed use of the property is essential or desirable to the public convenience
or welfare in that the use would provide a private sports recreation club with
exercise opportunities for visitors and residents;
2. The proposed use will not impair the integrity and character of the zone, in that the
proposed use is a commercial use and would be located in a commercial zone;
3. The proposed use would not be detrimental to public health, safety or general
welfare as the conditions 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 Chapter 29 of the Town Code.
S:\PLANNING COMMISSION REPORTS\2024\06-12-2024\Item X - 15920 Los Gatos Blvd\Exhibit 2 - Findings.docx
EXHIBIT 2
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PLANNING COMMISSION – June 12, 2024
CONDITIONS OF APPROVAL
15920 Los Gatos Boulevard
Conditional Use Permit Application U-24-005
Requesting Approval for a Private Sports Recreation Club on Property Zoned C-1.
Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Property Owner: Carl Cilker. Applicant: Mary C. Egan. Project Planner: Jocelyn
Shoopman.
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 listed below and in substantial compliance with the plans approved by the
Planning Commission on June 12, 2024. Any changes or modifications to the approved
plans shall be approved by the Community Development Director or the Planning
Commission, depending on the scope of the changes.
2. EXPIRATION: The Conditional Use Permit approval will expire two years from the
approval date unless it is used before expiration. Section 29.20.335 defines what
constitutes the use of an approval granted under the Zoning Ordinance.
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 a private sports recreation club.
5. HOURS OF OPERATION: The maximum hours of operation for the private sports
recreation club shall be 5:00 a.m. to 11:00 p.m., seven days a week.
6. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
7. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los
Gatos Community Development Department must be obtained prior to commencement
of use.
8. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department
must be obtained prior to the commencement of any new or change of use.
9. 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 and may be secured to the satisfaction of the Town Attorney.
Building Division
10. A comprehensive plan review has not been completed for this CUP modification under
consideration by the Development Review Committee and compliance with applicable
EXHIBIT 3
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codes have not been verified.
11. PERMITS: No work requiring Building Permits can commence without issuance of any
required Building Permits. Building Permit plan review, including review by the Santa
Clara County Fire Department and the Parks and Public Works Department, will be part
of any required Building Permit application process. No change in the character of
occupancy or change to a different group of occupancies as described by the Building
Code shall be made without first obtaining a Certificate of Occupancy from the Chief
Building Official.
12. ACCESSIBILITY: 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, “Existing
buildings and facilities.”
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
13. GENERAL: The adjacent public right-of-way shall be kept clear of all job-related mud, silt,
concrete, dirt and other construction 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
by the Engineering Division of the Parks and Public Works Department. The Owner
and/or 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 issuance of correction notices, citations, or stop work orders and the Town
performing the required maintenance at the Owner, Applicant and/or Developer's
expense.
14. APPROVAL: This application shall be completed in accordance with all 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.
15. CONSTRUCTION HOURS: All 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 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays,
holidays excluded. The Town may authorize, on a case-by-case basis, alternate
construction hours. The Owner and/or 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.
16. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and
9:00 a.m. to 4:00 p.m. Saturdays, 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.
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17. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
18. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
19. Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements as they pertain to fire
department operations and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
20. Note that a plan review is required prior to any proposed tenant improvement.
21. No changes to the building's exterior and fire department access to the building .
22. This review shall not be construed to be an approval of a violation of the provisions of
the California Fire Code or of other laws or regulations of the jurisdiction. A permit
presuming to give authority to violate or cancel the provisions of the fire code or other
such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].
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May 21, 2024
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE: Conditional Use Permit
15920 Los Gatos Blvd., Los Gatos, CA
Written Description for Application for CUP and Letter of Justification
Dear Town of Los Gatos:
We represent the property owners of the Cornerstone of Los Gatos Shopping Center, which includes
15920 Los Gatos Blvd., the premises recently vacated by Rite Aid. We are requesting a Conditional Use
Permit (CUP) for a private health club.
The 15920 building has been home to a drug store since it was built the early 1960s, first as Thrifty Drugs
and then as Rite Aid. When Rite Aid declared bankruptcy in 2023, they closed over 300 stores on the
same day, ours being one of them. Walgreens and CVS are now following suit, closing unprofitable drug
stores and pharmacies across the country.
We have identified and are working with an upscale, boutique, private health club that is ready to open
at this location. This health club emphasizes fitness and wellness, including, for example, yoga, Pilates,
cycling, and personal training for those customers who prioritize a healthy lifestyle. They also offer
post-workout services such as cryotherapy and guided stretching. They plan to open the doors at 5:00
AM for those who wish to workout before going to the office and therefore request permission to open
before the Town’s established hours of operation. Being that the parking lot and entrance faces Los
Gatos Blvd., we do not believe this will have a negative impact on the residences to the rear of the
property, on Camelia Terrace.
The health club may, at some time in the future, wish to open a juice bar for its members only. The juice
bar would typically serve fruit and vegetable juices and smoothies with organic and superfood
ingredients. They anticipate the juice bar will encompass no more than 600 square feet. We would
therefore like to include this use in our application.
We strongly feel a health club such as this will be welcomed by residents in the surrounding
neighborhood and throughout greater Los Gatos. It will fill the need for those residents who wish to
exercise in a modern, state-of-the art facility close to home. This club will also blend well with the
current tenant mix at the Cornerstone of Los Gatos Shopping Center and add to the charm and character
of the shopping center and surrounding neighborhood.
We do not anticipate that the health club will negatively impact neighborhood parking. I have attached
a parking analysis for your review, calculated per Section 29.10.150 of the Town Code, indicating a
EXHIBIT 4Page 21
surplus of 59 parking spaces after the addition of the health club. You will also find a detailed site map
attached.
The land beneath the Cornerstone of Los Gatos Shopping Center has been in the Cilker family since the
1890s. It has gone through many changes since then, from family farm to commercial use. One thing
that has not changed is the family’s connection and commitment to the Los Gatos community. Their
pride of ownership is evidenced by the property’s showcase lighting and landscaping features, as well as
the high-quality tenants, such as Whole Foods, Skin Spirit, and Morgan Stanley. The Cilker family would
now like to continue this tradition by bringing in a high-quality health club that will benefit the residents
of Los Gatos.
Thank you for your consideration of this application. We believe this tenant use will uphold the integrity
of the shopping center, enhance the quality of the businesses along The Boulevard and create a
desirable public convenience, all while keeping in harmony with various elements and objectives of the
general plan.
Please feel free to contact me at the email address or phone number listed below should you have any
questions or require additional information.
Sincerely,
Mary C. Egan
Mary C. Egan, CPM
Cilker Orchards Management Corp.
Vice President Real Estate
DRE#00967596
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May 20, 2024
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE: Reply to 4.17.24 Planning Comments, CUP Application U-24-005
15920 Los Gatos Blvd., Los Gatos, CA
Dear Town of Los Gatos:
This letter shall address the concerns raised in the Planning Division comments dated April 17, 2024, in
connection with our application for a Conditional Use Permit at the referenced premises. We do not
have a signed lease for this space yet, and the potential tenant has asked that we not disclose their
name until the transaction is finalized. We are happy to provide the following information.
1.Hours of Operation: 5:00 AM to 11:00 PM.
Delivery Times: Minimal deliveries during normal business hours.
Number of Employees: Estimate 8 during non-peak hours and up to 15 during peak instruction
times which are 6 AM to 10 AM, 12:00 PM to 1:00 PM and 4:00 PM to
7:00 PM, Mon – Fri.
Functionality: The club will operate as a fitness center with free weights, weight
machines, personal training, and ancillary fitness classes throughout the
day.
2.Juice Bar:The proposed juice bar, for club members only, will serve fruit
smoothies and acai bowls to order, along with coffees and lattes.
Prepackaged foods such as grab-n-go salads and protein bars will also
be available. No alcohol will be served.
3.Floor Plan:None available at this early date.
4.Meeting/Rec Areas: This location, due to its limited size, will have no meeting areas, sport
courts or pools.
5.Site Plan:Please see attached Site Plan with numbered parking spaces.
6.Parking Analysis: Please see attached revised Parking Analysis. Thank you for providing
the additional information.
7.Exterior Modifications: Limited to new windows and doors as required by code and for full
operation, with no change to the overall look or design of the exterior of
the building.
We appreciate the opportunity to respond to your concerns. Please feel free to contact me at the email
address or phone number listed below should you have any questions or require additional information.
Sincerely,
Mary C. Egan
Mary C. Egan, CPM
Cilker Orchards Management Corp.
Vice President Real Estate, DRE#00967596
EXHIBIT 5Page 23
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Cornerstone of Los Gatos Shopping Center
15920 Building
DocuSign Envelope ID: 1DE4F621-9203-4469-9A67-82CEDBC51493
EXHIBIT 6
Page 25
Rear Loading Dock Area
Main Entrance
DocuSign Envelope ID: 1DE4F621-9203-4469-9A67-82CEDBC51493
Page 26
Left of Building- Los Gatos Police Department
Right of Building
DocuSign Envelope ID: 1DE4F621-9203-4469-9A67-82CEDBC51493
Page 27
Interior Merchandise Storage Area
Interior Sales Area
DocuSign Envelope ID: 1DE4F621-9203-4469-9A67-82CEDBC51493
Page 28
FLOOR PLANDocuSign Envelope ID: 1DE4F621-9203-4469-9A67-82CEDBC51493EXHIBIT 7Page 29
DocuSign Envelope ID: 1DE4F621-9203-4469-9A67-82CEDBC51493
Page 30
BLDG 1EXISTING RETAIL(RITE-AID)B L O S S O M H I L L R D .BLDG 2EXISTING RETAILBLDG 3EXISTING RETAIL(WHOLE FOODS)BLDG 4EXISTINGRETAIL148'-0"N.I.C.101'-6"130'-7"95'-8"C A M I L L I A T E R R A C EL O S G A T O S B L V D .475'-9"SKHHW: 1FLOH: G:?M\ DULY
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221714141276997761613112 PARKING SPACES170 PARKING SPACESPARKING COUNTACCESSIBLE STALLS: 10REGULAR STALLS: 275TOTAL:2859383 PARKING SPACES2ELECTRICCHARGINGA1.1SITE PLANJYAS NOTED1" = 30'SITE PLANNORTHPROJECT1DESCRIPTIONSCALE:CHECKED:REVISIONSDRAWINGNUMBER:PROJECT NUMBER:DATE:DRAWN: NODATE BY
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ED07/31/25C-33243Janice T. Yeh20111 STEVENS CREEK BLVDSUITE 280CUPERTINO, CA 95014(510) 684-3226ADAPTIVE ARCHITECTURECORNERSTONE SHOPPING CENTER
15920 - 15996 LOS GATOS BLVD
LOS GATOS, CA 950324/18/24 PLANNING/CUPPage 31
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PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 06/12/2024
ITEM NO: 3
DATE: June 7, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of the Community Development Director Decision to
Deny a Request to Remove a Presumptive Historic Property (Pre-1941) from
the Historic Resources Inventory on Property Zoned R-1:8. Located at 32
Euclid Avenue. APN 529-30-064. Exempt Pursuant to CEQA Section 15061
(b)(3). Request for Review Application PHST-24-001. Property
Owner/Applicant/Appellant: David Wilson. Project Planner: Sean Mullin .
REMARKS:
On May 8, 2024, the Planning Commission opened the public hearing and received comments
from the public on the appeal. The Planning Commission then continued consideration of the
appeal to June 12, 2024, to accommodate the appellant’s availability.
Exhibit 12 includes letters from the applicant’s counsel providing additional information.
EXHIBITS:
Previously distributed with the May 8, 2024, Staff Report:
1. Location Map
2. Required Findings
3. Historic Preservation Committee Staff Report and Attachments, November 15, 2023
4. Historic Preservation Committee Meeting Minutes for November 15, 2023
5. Historic Preservation Committee Action Letter, November 15, 2023
6. Historic Preservation Committee Staff Report and Attachments, March 27, 2024
7. Historic Preservation Committee Meeting Minutes for March 27, 2024
8. Historic Preservation Committee Action Letter, March 27, 2024
9. Appeal of the Community Development Director, received April 4, 2024
10. Excerpts for “Los Gatos Observed,” by Alastair Dallas, 1999
11. Technical Demolition Exhibit by Appellant
Page 33
PAGE 2 OF 2
SUBJECT: 32 Euclid Avenue/Appeal of PHST-24-001
DATE: June 7, 2024
C:\Users\MeetingsOfficeUser7\AppData\Local\Temp\tmp7728.tmp
EXHIBITS (continued):
Received with this Staff Report:
12. Letters from Applicant’s Counsel, dated June 3, 2024
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Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 6/12/2024
ITEM NO: 4
DATE: June 7, 2024
TO: Planning Commission
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Review Proposed Development Agreement Procedures and Recommend
Adoption to Town Council.
RECOMMENDATION:
Review proposed development agreement procedures and recommend adoption to Town
Council.
BACKGROUND:
Government Code Section 65954 provides that, upon request from an applicant for a planning
entitlement that a local jurisdiction adopt development agreement procedures for the
processing of development agreements. The Town has received such a request and staff has
developed the proposed procedures for review by the Planning Commission. A
recommendation from the Planning Commission is required before the proposed development
agreement procedures are presented to the Town Council.
DISCUSSION:
A development agreement is a voluntary contract between a local jurisdiction and a person
who owns or controls property within the jurisdiction, detailing the obligations of both parties
and specifying the standards and conditions that will govern development of the property.
Development agreements will often provide for payments or dedications of land in exchange
for vesting to current development standards. Jurisdictions are never obligated to enter into
development agreements; it is a voluntary agreement that must be of benefit to the
jurisdiction.
Government Code Sections 65864 and following, address development agreement
requirements. Section 65865 requires that the Town develop and adopt development
agreement procedures upon request of an applicant for a planning entitlement. The Town has
received a verbal request that the Town adopt development agreement proc edures from
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PAGE 2 OF 2
SUBJECT: Development Agreement Procedures
DATE: June 7, 2024
DISCUSSION (continued):
counsel for an applicant for a planning entitlement. As a result, Government Code Section
65865 requires that the Town adopt procedures for the consideration and processing of
development agreements.
Development agreement procedures typically include the following:
• A Statement of Purpose/Findings Concerning the Public Benefits of Development
Agreements;
• Application Requirements;
• Notice and Hearing Procedures;
• Planning Commission and Governing Body Review;
• Recordation Requirements;
• Procedures for Amendment or Termination; and
• Procedures for Periodic Review.
The Town Council discussed potential development agreements in a study session on April 16,
2024, and recommended that, in order to maintain maximum flexibility, development
agreements not be limited to specific land uses, projects of a certain size, or projects in which
applicants will spend a minimum dollar amount on public infrastructure.
Proposed development agreement procedures are included as Exhibit 1.
CONCLUSION:
Staff recommends that the Planning Commission review the proposed development agreement
procedures and make a recommendation of adoption to the Town Council.
ENVIRONMENTAL ASSESSMENT:
Discussion of potential development agreement procedures is not a project subject to CEQA
and no environmental assessment is required.
EXHIBITS:
1. Draft Development Agreement Procedures
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EXHIBIT 1
Draft Development Agreement Procedures
Section 1. Authorization for adoption.
These procedures are adopted under the authority of Government Code Sections 65864
- 65869.5.
Section 2. Authorization.
(a) The Town may enter into a development agreement with a person having a legal or
equitable interest in real property within the Town for the development of the
property as provided in these Procedures.
(b) The Town may enter into a development agreement with a person having a legal or
equitable interest in real property in unincorporated territory within the Town's
sphere of influence for the development of the property as provided in these
Procedures. However, the agreement shall not become operative unless annexation
proceedings annexing the property to the Town are completed within the period of
time specified by the agreement. If the annexation is not completed within the time
specified in the agreement or any extension of the agreement, the agreement is null
and void.
Section 3. Application.
Application for a development agreement shall be made to the Community
Development Department. An application for a development agreement may not be filed prior
to an application for a development project on the same property. The application shall be
accompanied by the fee prescribed by the Town fee schedule, established pursuant to the Los
Gatos Town Code, and shall be accompanied by the form of development agreement proposed
by the applicant. When the application is determined to be complete, the Community
Development Director or designee shall, at the applicant's expense, review the application and
transmit it, together with staff recommendations, to the Planning Commission.
Section 4. Contents.
A development agreement shall specify:
(a) The land subject to the agreement;
(b) The duration of the agreement;
(c) The permitted uses of the property;
(d) The density and intensity of use;
(e) The maximum height and size of proposed buildings; and
(f) Provisions for reservation or dedication of land for public purposes.
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The development agreement may include conditions, terms, restrictions, and
requirements for subsequent discretionary actions, provided that such conditions, terms,
restrictions, and requirements for subsequent discretionary actions shall not prevent
development of the land for the uses and to the density or intensity of development set forth in
the agreement. The agreement may provide that construction shall be commenced within a
specified time and that the project or any phase thereof be completed within a specified time.
The agreement may also include terms and conditions relating to applicant financing of
necessary public facilities in conjunction with the phasing of the development project.
Section 5. Rules, regulations, and official policies.
Unless otherwise provided by the development agreement, rules, regulations, and
official policies governing permitted uses of the land, governing density, and governing design,
improvement, and construction standards and specifications, applicable to development of the
property subject to a development agreement, shall be those rules, regulations, and official
policies in force at the time of execution of the agreement. A development agreement shall not
prevent the Town, in subsequent actions applicable to the property, from applying new rules,
regulations, and policies which do not conflict with those rules, regulations, and policies
applicable to the property as set forth in the development agreement, nor shall a development
agreement prevent the Town from denying or conditionally approving any subsequent
development project application on the basis of such existing or new rules, regulations, and
policies.
Section 6. Public hearing and notice of intention to consider adoption.
A public hearing on an application for a development agreement shall be held by the
Planning Commission and by the Town Council. Notice of intention to consider adoption of a
development agreement shall be given as provided in California Government Code Sections
65090 and 65091, and Los Gatos Town Code Sections 29.20.560 and following, in addition to
any other notice required by law for other actions to be considered concurrently with the
development agreement.
Section 7. Legislative act.
A development agreement is a legislative act which shall be approved by ordinance and
is subject to referendum. This resolution only establishes procedures for consideration of
development agreements; the Town Council retains discretion to approve or disapprove any
proposed development agreement. A development agreement shall not be approved unless
the Town Council finds that the provisions of the agreement:
(a) Are consistent with the Town's General Plan and any applicable Specific Plan;
(b) Are compatible with the requirements of the Zoning Ordinance; and
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(c) Provide substantial public benefits to persons residing or owning property
outside the boundaries of the development project, beyond the exactions for
public benefits required in the normal development review process under
Federal, State, or local law.
Section 8. Amendment or termination.
(a) Periodic review. The Planning Commission shall, at the applicant’s expense,
review the development agreement at least every 12 months, at which time the
applicant or successor in interest thereto, shall be required to demonstrate good
faith compliance with the terms of the agreement. If, as a result of such periodic
review, the Planning Commission determines that, on the basis of substantial
evidence, the agreement has been complied with in good faith, such decision
shall be subject to appeal in accordance with procedures set forth in Los Gatos
Town Code Section 29.20.275 and following. If, as a result of such periodic
review, the Planning Commission determines that, on the basis of substantial
evidence, the agreement has not been complied with in good faith, or that the
failure of the Town to terminate or modify the provisions of the development
agreement would place the residents of the territory subject to the development
agreement, or the residents of the Town, or both, in a condition dangerous to
their health or safety, or both, the Town Council shall hold a public hearing to
consider terminating or modifying the agreement. Notice of such hearing shall
be given as set forth in Section 6 of these Procedures. If the Town Council
determines, on the basis of substantial evidence, that the applicant or successor
in interest thereto has not complied in good faith with the terms or conditions of
the agreement, or that the failure of the Town to terminate or modify the
provisions of the development agreement would place the residents of the
territory subject to the development agreement, or the residents of the Town, or
both, in a condition dangerous to their health or safety, or both, the Town
Council may terminate or modify the agreement.
(b) Mutual consent. A development agreement may be amended or canceled, in
whole or in part, by mutual consent of the parties to the agreement or their
successors in interest. Notice of a public hearing regarding an intention to
amend or cancel any portion of the agreement shall be given and held in the
manner provided in Section 6 of these Procedures. An amendment to a
development agreement shall be subject to the provisions of Section 7 of these
Procedures.
(c) State or Federal laws and regulations. In the event that State or Federal laws or
regulations, enacted after a development agreement has been entered into,
prevent or preclude compliance with one or more provisions of the development
agreement, such provisions of the agreement shall be modified or suspended as
may be necessary to comply with such State or Federal laws and regulations.
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Section 9. Enforcement.
Unless amended or terminated pursuant to Section 8 herein, a development agreement
shall be enforceable by any party thereto, notwithstanding any change in any applicable General
Plan or Specific Plan, Zoning, subdivision, or building regulation adopted by the Town, which
alters or amends the rules, regulations, or policies specified in Section 5 herein.
Section 10. Execution and Recordation.
(a) No development agreement shall be executed by the Mayor until it has been
executed by the applicant. If the applicant has not executed the development
agreement, as approved by the Town Council, within 30 days of the Town Council
approval, the application for the development agreement shall be deemed
withdrawn, and the Mayor shall not execute the development agreement.
(b) No later than 10 days after the Town enters into a development agreement, the
Town shall record with the County Recorder a copy of the development agreement,
which shall describe the land subject thereto. From and after the time of such
recordation, the development agreement shall impart such notice thereof to all
persons as is afforded by the recording laws of this State. The burdens of the
development agreement shall be binding upon, and the benefits of the development
agreement shall inure to, all successors in interest to the parties to the development
agreement.
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