212-216 N. Santa Cruz Ave - Staff Report and Exhibits 1-4PREPARED BY: JOCELYN SHOOPMAN
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 04/25/2018 ITEM NO: 3
DATE: APRIL 17, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-16-001. PROJECT LOCATION: 212-216 N. SANTA CRUZ AVENUE. PROPERTY OWNER: MCCARTHY SANTACRUZ AVE, LLC. APPLICANT: SOUL CYCLE. REQUIRED SIX-MONTH REVIEW FOR THE APPROVED CONDITIONAL USE PERMIT FOR A NEW FITNESS STUDIO (SOUL CYCLE) WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C-2. APN 529-04-085.
RECOMMENDATION:
Accept the report for the required six-month review of the approved Conditional Use Permit for
a new fitness studio (Soul Cycle) with group exercise classes.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District, C-2
Applicable Plans & Standards: Redevelopment Plan, Commercial Design Guidelines, General
Plan
Parcel Size: 11,300 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Central Business District C-2
East Parking Lot CBD C-2
South Commercial Central Business District C-2
West Commercial Central Business District C-2
PAGE 2 OF 2 SUBJECT: 212-216 N. SANTA CRUZ AVENUE/U-16-001 DATE: APRIL 17, 2018
N:\DEV\PC REPORTS\2018\NSC 212-216_6 Mo Review.docx 4/17/2018 12:15 PM
BACKGROUND:
On April 27, 2016, the Planning Commission voted to deny the Conditional Use Permit (CUP)
application. The decision of the Planning Commission was appealed by the applicant on May 6,
2016. The appeal was considered by the Town Council on June 21, 2016. The Council granted
the appeal and approved the CUP, making the finding that the matter raised a policy issue and
placed additional conditions of approval on the CUP, including a six-month review before the
Planning Commission to review the applicant’s compliance with the conditions of approval
(Exhibit 2, Condition 8).
COMPLIANCE:
Neither the Town’s Community Development Department, the Police Department, nor the
applicants have received any complaints regarding parking, the number of students, intervals
between classes during peak hours, or hours of operation. The applicant has submitted a letter
describing how they have complied with the conditions of approval and described that they
have not received any complaints or issues regarding compliance with the CUP (Exhibit 3).
PUBLIC COMMENTS:
Staff mailed a public notice to property owners and occupants within 300 feet of the subject
property. Public comments received by 11:00 a.m., Friday, April 20, 2018, are included in
Attachment 4.
RECOMMENDATION:
Staff recommends the Planning Commission accept the staff report and find that Soul Cycle is in
compliance with the conditions of the CUP.
EXHIBITS:
1. Location Map
2. Existing Conditions of Approval (six pages)
3. Letter from the Applicant (four pages)
4. Public Comments received by 11:00 a.m., Friday, April 20, 2018
Distribution:
McCarthy Santa Cruz Ave, LLC, 210 Almendra Ave, Los Gatos, CA 95030
Paul Fusco, Soul Cycle, 609 Greenwich Street, New York, NY 10014
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212-216 N. Santa Cruz Avenue
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EXHIBIT 1
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EXHIBIT 2
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.
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 rated 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
N:\DEV\CONDITIONS\2016\NSC212-216.docx
Jocelyn Shoopman
Associate Planner
Town of Los Gatos
11 0 E Main Street
Los Gatos, CA 95030
To Whom It May Concern:
March 26, 2018
RECEIVED
MAR 2 6 2018
TOWN OF LOS GATOS
PLANNING DIVISION
Please be advised this letter serves as a 6-month response to the Conditional Use Permit
Application U-16-001 for SoulCycle at 212 N. Santa Cruz Avenue .
1. NUMBER OF STUDENTS: The maximum number of students at a given time is 57. The
attached internal booking system summary shows the total amount of bikes does not exceed
57.
2. NUMBER OF INSTRUCTORS: The maximum number of instructors on site is 5 (including staff)
and that number has not increased or decreased since opening.
3. INTERVALS : We have maintained 30 minutes between classes during peak hours of 11AM and
4PM . The attached internal booking system summary shows the class spacing and our
adherence to the condition as required.
4. HOURS OF OPERATION: We have maintained our allowed operating hours of 5:30AM-
1 O:OOPM Monday-Friday and 7 :00AM-9:00PM on Saturday and Sunday. The attached internal
booking system summary shows we are maintaining these hours as required.
5. MARKETING: We are required to submit, in writing, marketing ideas to encourage customers to
carpool, walk, or bike to classes. See attached promo that we have run since our studio has
opened. This promo is displayed at our front desk reception on a daily basis . We offer FREE
water and cycling shoes to anyone that walks, bikes or carpools to class . We have found this to
be very receptive as a number of customers have taken advantage of the promo thus reducing
the vehicular traffic to our studio.
6 . NEIGHBORHOOD OUTREACH: Upon opening of our studio in Los Gatos, we have established
our studio manager, Natasha Malenko, as our point person for any complaints in the
neighborhood. I can report back at this time that our studio nor our HQ office has received any
complaints, issues or concerns in regards to parking, traffic or congestion. We will continue to
have our studio manager as the point person for any feedback in the community.
SOU.CYCLE liOL GREENWICH S. 1.J'YC . ..iUl
212 787 7685 SOUL-CYCLE COM EXHIBIT 3
March 26, 2018
Pl am happy to report back that we are meeting all condit ions of approval set out by the Town
Council. We have taken this very seriously and our actions demonstrate that. We have had nothing
but positive feedback from the community and as we continue to grow in customers we will
maintain our CUP as required.
Please feel free to contact me directly with any questions regarding this response at 646-632-3220
or by email : paul.fusco@soul-cycle.com
Sr. Manager of Entitlements
SoulCycle
SOULCYCLE 609 GREENWICH s·r NYC 10014
212 787 7685 . SOUL-CYCLE COM
.+ .+
Booking > Los Gatos
Today Mar 26th
9:45am • Sarah
5:30pm • Casey
6:30pm • Kamello
con,p .. NJ
Monday Mar 26
9:45am--
5:30pm -Casey
6:30pm -Kamelle
Tuesday Mar 27
6:00am • Selah
8:45am. Casey
6:30pm • Sarah
Wednesday Mar 28
9:45am • K8melle
5:llOPlll·C-,
6:30pm • Kamale
Thursday Mar 29
6:00am • Sarah
9:45am • Casey
6:30pm • S8rah
Friday Mar 30
9:45111n • Casey
12:15pm -Sarah
Saturday Mar 31
8:30om • Sarah
9:300m • Casey
11 :ooam • Sareh
SundayApr1
8:3Dam·~
9:30em · Kamel,
11 :OOom · S8rah
MondayApr.2
9:45am • Sarah
Find a Rider
> Mon. March 26 -9:45AM SoulCycle (12)
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Did you know ...
When you carpool, ride your
bike or walk to the studio,
you'll receive free shoes and
water for yolsr next ride!
Offer valid for Los Gatos only
PUBLIC COMMENT
Public comments received by 11:00 a.m.,
Friday, April 20, 2018
NONE
EXHIBIT 4
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