Attachment 4-8FILING FEES
$361.00 (PLAPPEAL) Residential
$1,449.00 (PLAPPEAL), per
Commercial Multi -family or
Tentative Map Appeal
TRANSCRIPTION $500 (PLTRANS)
PROJECT / APPLICATION NO:
ADDRESS LOCATION:
Town of Los Gatos
Office of the 'I vn Clerk
110 E. Main St., Los G , CA 95030
APPEAL OF PLANNING CO
I, the undersigned, do hereby appeal a decisio
follows: (PLEASE TYPE OR PRINT NEATL
DATE OF PLANNING COMMISSION DECISION
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Pursuant to the Town Code, the Town Council may only grant an appeal of a Planning Commission decision in most matters if the
Council fmds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) Council members. Therefore,
please specify how one of those reasons exists in the appeal:
1. The Planning Commission erred or abused its discretion because a ff
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2. There is new information that was not reasonably available at the time of the Planning Commission decision, which is
(please attach the new information if possible): OR
3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town
Council:
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS.
IMPORTANT:
1. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing.
2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing fee.
Deadline is 5:00 p.m. on the 10th day following the decision. If the 10th day is a Saturday, Sunday, or Town holiday, then it
may be filed on the workday immediately following the 106 day, usually a Monday.
3. The Town Clerk will set the hearing within 56 days of the date of the Planning Commission Decision (Town Ordinance No.
1967)
4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
5. Once filed, the appeal will be heard by the Town Council.
6. If the reason for granting an appeal is the receipt of new information, the application will usually be returned to the Planning
Commission for reconsideration.
7.
PRINT NAME:
DATE:
PHONE:
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,L�f60-6,32-52ZO
DATE OF PUBLIC HEARING:
Pending Planning Department Confirmation TO APPLICANT & APPELLANT BY:
DATE TO SEND PUBLICATION: DATE OF PUBLICATION:
SIGNATURE:
ADDRESS: y 6 -Cf., 6 11' Boor
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OFFICIAL USE ONLY ***
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CONFIRMATION LETTER SENT: Date:
ATTACHMENT 4
N ADEV',FORM.PIaroingu015.16 Forms,pperal - PC de.
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RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION DENYING A REQUEST FOR APPROVAL OF EXTERIOR
MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING
AND TO OPERATE A NEW FITNESS STUDIO (SOUL CYCLE)
WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C-2
APN: 529-04-085
ARCHITECTURE AND SITE APPLICATION: S-16-002
CONDITIONAL USE PERMIT APPLICATION U-16-001
PROPERTY LOCATION: 212-216 N. SANTA CRUZ AVENUE
APPLICANT/APPELLANT: PAUL FUSCO, SOUL CYCLE
PROPERTY OWNER: MCCARTHY SANTA CRUZ AVE, LLC
WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and
considered a request for approval of exterior modifications to an existing commercial building
and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned
C-2. The Planning Commission denied the Architecture and Site Application and Conditional
Use Permit Applications.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the request for approval of exterior modifications to an existing
commercial building and approval for a new fitness studio (Soul Cycle) with group exercise
classes.
WHEREAS, this matter came before the Town Council for a public hearing on June 21,
2016, and was regularly noticed in conformance with State and Town law.
ATTACHMENT 5
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant 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 21, 2016, along with any and all subsequent reports and materials prepared
concerning this applications.
WHEREAS, Council finds as follows:
A. The Town Council could not make one or more of the following, in accordance with
Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
B. Pursuant to Town Code section 29.20.190, the request for a CUP is not desirable to
the public convenience; will impair the integrity and character of the zone; would be
detrimental to public health, safety or general welfare; and is not 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 at the June 21, 2016
Council meeting, including all written materials and testimony regarding this
application.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request for
approval of exterior modifications to an existing commercial building and to operate a new
fitness studio (Soul Cycle) with group exercise classes on property zoned C-2 is denied.
2. 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 21st 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
N:\DEV\RESOS\2016\NSC-212-216_DenyAppeal.docx
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION DENYING A REQUEST FOR APPROVAL OF EXTERIOR
MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING
AND TO OPERATE A NEW FITNESS STUDIO (SOUL CYCLE)
WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C-2
AND REMANDING THE MATTER TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION
APN: 529-04-085
ARCHITECTURE AND SITE APPLICATION: S-16-002
CONDITIONAL USE PERMIT APPLICATION U-16-001
PROPERTY LOCATION: 212-216 N. SANTA CRUZ AVENUE
APPLICANT/APPELLANT: PAUL FUSCO, SOUL CYCLE
PROPERTY OWNER: MCCARTHY SANTA CRUZ AVE, LLC
WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and
considered a request for approval of exterior modifications to an existing commercial building
and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned
C-2. The Planning Commission denied the Architecture and Site Application and Conditional
Use Permit Applications.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the request for approval of exterior modifications to an existing
commercial building and approval for a new fitness studio (Soul Cycle) with group exercise
classes.
WHEREAS, this matter came before the Town Council for a public hearing on June 21,
2016, and was regularly noticed in conformance with State and Town law.
ATTACHMENT 6
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant 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 21, 2016, along with any and all subsequent reports and materials prepared
concerning these applications.
WHEREAS, Council finds as follows:
A. The Town Council could not make one or more of the following, in accordance with
Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request for
approval of exterior modifications to an existing commercial building and to operate a new
fitness studio (Soul Cycle) with group exercise classes on property zoned C -2 is denied and the
applications are remanded to the Planning Commission for further consideration.
2. The decision does not constitute a final administrative decision and the
applications will be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21st 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
N:\DEV\RESOS\2016\NSC-212-216_RemandAppeal.docx
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION DENYING A REQUEST FOR APPROVAL OF EXTERIOR
MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING
AND TO OPERATE A NEW FITNESS STUDIO (SOUL CYCLE)
WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C-2
APN: 529-04-085
ARCHITECTURE AND SITE APPLICATION: S-16-002
CONDITIONAL USE PERMIT APPLICATION U-16-001
PROPERTY LOCATION: 212-216 N. SANTA CRUZ AVENUE
APPLICANT/APPELLANT: PAUL FUSCO, SOUL CYCLE
PROPERTY OWNER: MCCARTHY SANTA CRUZ AVE, LLC
WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and
considered a request for approval of exterior modifications to an existing commercial building
and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned
C-2. The Planning Commission denied the Architecture and Site Application and Conditional
Use Permit Applications.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the request for approval of exterior modifications to an existing
commercial building and approval for a new fitness studio (Soul Cycle) with group exercise
classes.
WHEREAS, this matter came before the Town Council for a public hearing on June 21,
2016, and was regularly noticed in conformance with State and Town law.
ATTACHMENT 7
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant 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 21, 2016, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. In accordance with Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process
that was not readily and reasonably available for submission to the
Commission; or
3. An issue or policy over which the Commission did not have discretion to
modify or address, but which is vested in the Council for modification or
decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request for
approval of exterior modifications to an existing commercial building and to operate a new
fitness studio (Soul Cycle) with group exercise classes on property zoned C-2 is granted.
2. The Town Council hereby adopts all findings and conditions of approval set forth
in the documents attached as Exhibits A and B.
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 21st 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
N:\DEV\RESOS\2016\NSC212-216_ApproveAppeal.docx
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REQUIRED FINDINGS FOR – June 21, 2016
212-216 N. Santa Cruz Avenue
Conditional Use Permit Application U-16-001
Requesting approval of exterior modifications to an existing commercial building and
approval for a new fitness studio (Soul Cycle) with group exercise classes on property
zoned C-2. APN 529-04-085.
PROPERTY OWNER: McCarthy Santa Cruz Ave, LLC
APPLICANT: Paul Fusco, Soul Cycle
FINDINGS:
Required finding 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 findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare because it will provide a healthy indoor cycling studio for members of the
community to exercise and socialize; and
(2) The proposed use will not impair the integrity and character of the zone because it will be
complementary to the surrounding commercial uses, contributing to a variety of
consumer services in the Central Business District; and
(3) The proposed use would not be detrimental to public health, safety, or general welfare,
and the conditions regarding the operating hours, number of students, staff and/or trainers
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 Town Code.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
■ That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under general commercial uses.
EXHIBIT A of Attachment 7
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CONDITIONS OF APPROVAL – June 21, 2016
212-216 N. Santa Cruz Avenue
Architecture and Site Application S-16-002
Conditional Use Permit Application U-16-001
Requesting approval of exterior modifications to an existing commercial building and
approval for a new fitness studio (Soul Cycle) with group exercise classes on property
zoned C-2. APN 529-04-085.
PROPERTY OWNER: McCarthy Santa Cruz Ave, LLC
APPLICANT: Luba Senatorova
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
Director, DRC or the Planning Commission, or Town Council 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. USE: The approved use is for group fitness classes.
4. NUMBER OF STUDENTS: The maximum number of students is limited to 57.
5. NUMBER OF INSTRUCTORS: The maximum number of instructors on-site at any given
time is limited to five.
6. HOURS OF OPERATION: Maximum hours of operation are 5:30 a.m. to 10:00 p.m.
Monday through Friday and 7:00 a.m. to 9:00 p.m. Saturday and Sunday.
7. 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.
8. 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.
9. 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.
10. 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.
11. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard
Town practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
EXHIBIT B of Attachment 7
Building Division
12. PERMITS REQUIRED: A Building Permit shall be required for alterations and Tenant
Improvements to the existing commercial building. Separate permits are required for
electrical, mechanical, and plumbing work as necessary.
13. 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.
14. SIZE OF PLANS: Four sets of construction plans, maximum size 24” x 36”.
15. 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.
16. 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 and then confirmed by Town staff. See Advisory Comment 10.b.
17. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: Jocelyn Puga (408) 354-6875
b. Santa Clara County Fire Department: (408) 378-4010
c. West Valley Sanitation District: (408) 378-2407 (for sanitary drainage system
alterations).
18. 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,
compliant ramp, and necessary signage; (c) Accessible Restrooms; (d) Accessible
indoor and outdoor seating; (e) Exercise equipment shall be accessible per CBC
Section 11B-236.
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.
c. Exiting and Occupant Load shall be in strict compliance with California Building
Code Chapter 10.
d. Maintain a minimum aisle width of 36 inches.
e. At the ramp landing outside the cycle exercise room, the handrails for the step down
would need to extend 23 inches out toward the lockers and could prove to be an
obstruction to walking in this area. Consider having the step down toward the front
retail area.
f. It appears that there may be a small Snack Shop in the front retail area. Depending on
what is provided, clearance may be required from the Santa Clara County
Environmental Health Department at (408) 918-3400.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
19. 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.
20. 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.
21. 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.
22. 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.
23. PUBLIC WORKS INSPECTIONS: The Applicant or their representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to
on-site drainage facilities, grading or paving, and all work in the Town's right -of-way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
24. 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.
25. 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.
26. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the
issuance of any Permit.
27. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
28. SIDEWALK REPAIR: The Applicant shall repair and replace to existing Town standards
any Villa Hermosa style sidewalk damaged now or during construction of this project. All
new and existing adjacent infrastructure must meet current ADA standards. Villa Hermosa
style 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.
29. 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.
30. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’s r ated 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.
31. CONSTRUCTION HOURS: All subdivision improvements and site improvements
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.
32. 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.
33. 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.
34. 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.
35. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Building Official. The Town shall not
incur any liability or responsibility for damage resulting from a sewer overflow where the
property owner or other person has failed to install a backwater valve as defined in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District’s decision on whether a
backwater device is needed shall be provided prior to the issuance of a building permit.
36. 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.
37. 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.
38. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
39. FIRE SPRINKLERS: Plans indicate the building is equipped with fire sprinklers. If this is
the case, a separate review must be conducted by this office to ensure that the remodel will
not affect the performance of the system. 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 LGTC
Town of Los Gatos
Attn: Town Council
110 E. Main St.
Los Gatos, CA 95030
Honorable Town Council,
RECE E
JUN 08 2016
TOWN OF LOS GATOS
PLANNING DIVISION
June 7`h, 2016
This letter is written on behalf of McCarthy Santa Cruz Ave, LLC, owner of the property located at 212-
216 %2 N. Santa Cruz Ave, Los Gatos, CA 95030. Earlier this year we began an extensive market study and
formal marketing outreach program to select the optimal tenant for this building. We put a lot of
thought and effort not only into the highest and best use of the building from a real estate perspective,
but also as long-term stakeholders in the Town. We have considered what would be the best use to
attract and bolster the surrounding businesses on this block, which has for a long time struggled to
retain successful businesses. We also desire to bring a use to Los Gatos that would add to the vibrancy
and increase the variety of uses in the downtown area that in turn supports all of the businesses in the
commercial core.
Through this effort, we had serious conversations with multiple interested parties including many
restaurants and other food & beverage uses. We also engaged a number of traditional hard goods
retailers, many of whom are still quite hesitant to pursue locations in downtown Los Gatos due to the
long standing formula retail restrictions as well as the current struggles Town is facing versus other retail
locations. However, nothing made us more excited than when we were approached by SoulCycle. It
was just the dynamic type of use that we were looking for. SoulCycle wins across all categories when it
comes to creating vibrancy in this area of downtown as it will support the surrounding businesses and
bring people to downtown during off peak hours.
It is exciting to bring the category of fitness SoulCycle offers to the downtown. It provides a great
alternative to the traditional fitness offerings in the area. Many residents live in walking distance to the
proposed studio and this will be an added convenience. Drawing patrons to this block (and downtown
in general) with a new and desirable use will help increase the overall success of our beloved downtown
that has in recent years suffered when compared to other areas that are drawing customers away, such
as Campbell, Santana Row, Downtown San Jose, and Mountain View. Additionally, there are new major
shopping and entertainment districts emerging in Cupertino, Sunnyvale, Los Altos, South San Jose, and
soon the North 40 right here in Los Gatos. Bringing SoulCycle to downtown Los Gatos is a great start to
energizing our downtown and solidifying Los Gatos as a strong competitor as these new areas begin to
compete for business and patrons. The next closest SoulCycle studio is located in Palo Alto, so the Los
Gatos location will draw from a lot of nearby communities providing patrons the option of staying,
dining, and shopping in Los Gatos after they visit the SoulCycle studio.
SoulCycle also offers a retail area for active -wear and accessories that will continue to add to the variety
of the downtown shopping experience and generate sales tax revenue. Since SoulCycle classes are
primarily in off-peak times, this will strengthen the retail sales not just for SoulCycle but for other
businesses that are open at those times but typically have low customer visits, or better yet could allow
for some stores to be open at off-peak times to take advantage of the customer base SoulCycle draws to
the area, in turn increasing their sales.
McCarthy Santa Cruz Ave, LLC 0 15425 Los Gatos Blvd, Suite 102, Los Gatos, CA 95032 0 (408) 356-2300
ATACh NT8
SoulCycle most importantly is a company that promotes good health, well-being, fitness and
community. SoulCycle has a long standing commitment to giving back to the community in a variety of
ways. The first way is through their SoulScholarship program. The mission of SoulScholarship is to bring
the benefits of fitness, movement and community to underserved adolescents through an engaged
mentoring program. They host regular workshops which educate young people on the benefits of
exercise, nutrition and wellness as well as using these opportunities to help with job readiness and
college preparation. They also give back through Charity Rides which companywide raises more than
$2.5 million dollars each year for a variety of causes. These Charity Rides have also donated more than
$150,000 in free rides as well as over 26,000 bottles of water. SoulCycle recognizes that they can be an
impact in every community they have the privilege to join and their community outreach is felt
everywhere they operate.
In summary, we urge you to approve the conditional use permit and allow SoulCycle to proceed to open
a first-class fitness studio in our building. We know this is a fantastic use that will be well embraced by
the neighborhood, the business community, and greater Los Gatos.
Sincerely,
1447
Joseph A. McCarthy Jr.
Principal
McCarthy Santa Cruz Ave, LLC e 15425 Los Gatos Blvd, Suite 102, Los Gatos, CA 95032 ® (408) 356-2300