104 University Ave - Staff Report and Exhibits 1-8PREPARED BY: Azhar Khan
Assistant 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: 07/26/2017
ITEM NO: 3
DATE: JULY 21, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-17-005. PROJECT LOCATION:
104 UNIVERSITY AVENUE. PROPERTY OWNER: GLORIA MILLEN.
APPLICANT: URBAN REMEDY, INC.
REQUESTING APPROVAL OF A FORMULA RETAIL BUSINESS (URBAN
REMEDY) ON PROPERTY ZONED C-2:LHP. APN 529-02-012.
DEEMED COMPLETE: JUNE 16, 2017
FINAL DATE TO TAKE ACTION: DECEMBER 16, 2017
RECOMMENDATION:
Approval, subject to conditions.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District: Landmark Historic Preservation,
C-2:LHP
Applicable Plans & Standards: General Plan
Parcel Size: 7,700 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1:D:LHP
East Residential Medium Density Residential R-1:D:LHP
South Commercial Central Business District C-2:LHP:PD
West Residential Medium Density Residential R-1:D:LHP
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SUBJECT: 104 UNIVERSITY AVENUE/U-17-005
JULY 21, 2017
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant
effect on the environment will occur since the project uses an existing structure with no
increase in floor area.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing
Facilities.
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:
In November 2002, the Town Council adopted an ordinance defining a “formula retail business”
as a retail business which, along with seven or more other business locations is required by
contractual or other arrangement to maintain any of the following: standardized merchandise,
services, décor, uniforms, architecture, colors, signs or other similar features. Town Cod e
Section 29.20.185 requires a Conditional Use Permit (CUP) for a formula retail business of any
size in the C-2:LHP zone. The proposed business, Urban Remedy, is considered a formula retail
business and therefore requires a CUP.
The proposed use would occupy a commercial space that was last occupied by a swimwear
retailer (Viva O Sol) in 2011 and subleased by another swimwear retailer (Charmosa
Swimwear), but is currently vacant. The subject space is a ground floor commercial suite and
the applicant is not proposing any exterior modifications to the building. The applicant is
requesting approval of a CUP to allow a formula retail business (Urban Remedy) in the 997-
square foot space.
DISCUSSION:
A. Location and Surrounding Neighborhood
The project is located at 104 University Avenue, on the north east corner of University
Avenue and Mullen Avenue (Exhibit 1). Adjacent properties are primarily located in the
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SUBJECT: 104 UNIVERSITY AVENUE/U-17-005
JULY 21, 2017
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R-1D: LHP zone and are developed with single-family residences. The property to the south
of the subject property is zoned C-2:LHP:PD and is a developed commercial site (Old Town).
B. Conditional Use Permit
The applicant is requesting approval of a CUP to operate a grab-and-go food retail business
(Urban Remedy) in a space that was previously occupied by swimwear retailers Viva O Sol
and Charmosa Swimwear. The hours of operation would be 7:00 a.m. to 8:00 p.m., Monday
through Sunday. The applicant has provided a business description/letter of justification
(Exhibit 4) describing the proposal.
When reviewing a CUP, the deciding body should consider the information in the applicant’s
business plan; however, the key consideration should be the explicit proposed use since the
business plan can change from owner to owner. The explicit use may be, and is often,
defined in the recommended conditions of approval as a “use” condition. The CUP runs
with the land, and the deciding body should review applications based on the explicit use as
opposed to the applicant or the applicant’s business plan.
C. Zoning Compliance
The proposed business is a formula retail use because the business currently operates at
more than seven locations. Pursuant to the Table of Conditional Uses (Town Code Section
29.20.185), a CUP is required for a formula retail use in the C-2:LHP zone.
ANALYSIS:
A. Project Summary
The proposed use (Urban Remedy) would occupy a 997-square foot commercial space
within an existing mixed-use commercial building. The business proposes to sell
prepackaged food items with no cooking on-site.
The business proposes minor tenant (interior) improvements such as removal and infill of
walls, and proposes no exterior building modifications. The hours of operation would be
7:00 a.m. to 8:00 p.m., Monday through Sunday. Deliveries are proposed to take place
between 6:00 a.m. and 7:00 a.m., Mondays, Wednesdays, and Fridays through the side
entrance facing Mullen Avenue. The project proposes a maximum of two employees on-
site.
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SUBJECT: 104 UNIVERSITY AVENUE/U-17-005
JULY 21, 2017
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B. Formula Retail
Town Code requires a CUP for a formula retail business of any size in the C -2 zone (Section
29.20.185). The proposed formula retail business will occupy a space not previously
occupied by a formula retail business.
The General Plan states that retail uses should be emphasized in the Central Business
District where the subject space is located. Urban Remedy has nine (9) retail locations
throughout the Bay Area. The applicant’s business description/letter of justification (Exhibit
4) states the following: “Urban Remedy will provide the Los Gatos community a nutritious
and convenient source of organic meals, salads, wraps, snacks, cold -pressed juices, and
sides.”
C. Parking and Traffic
The commercial space was previously occupied by a retail use and there will be no increase
in traffic impacts or required parking.
D. Conditional Use Permit Findings
In order to grant approval of a CUP, the deciding body must make the following findings
under Section 29.20.190:
1. The proposed use of the property is essential or desirable to the public convenience or
welfare; and
2. The proposed use will not impair the integrity and character of the zone; and
3. The proposed use would not be detrimental to public health, safety or genera l 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.
In regards to the first finding, the proposed use is desirable to the public convenience
because it will provide an organic food option for visitors and residents in the downtown.
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
regards to the third finding, the proposed use would not be detrimental to public health,
safety or general welfare, and the conditions placed on the permit would maintain the
welfare of the community. In regards to the final finding, the proposed use is in harmony
with the General Plan and the Town Code because it contributes to the variety of
commercial uses in the Central Business District.
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SUBJECT: 104 UNIVERSITY AVENUE/U-17-005
JULY 21, 2017
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E. General Plan
The formula retail use is consistent with the Central Business District General Plan
designation for the property which envisions a mixture of retail, office, and res idential in a
mixed-use setting, along with lodging, service, auto-related businesses, non-manufacturing
industrial uses, recreational uses, and restaurants.
The goals and policies of the 2020 General Plan applicable to this project include, but are
not limited to:
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.
Policy LU-9.2 – Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
commercial centers to meet the shopping needs of residents and preserve the small-
town atmosphere.
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.
Goal LU-10 – To preserve Downtown Los Gatos as the historic center of the Town with
goods and services for local residents while maintaining the existing Town identity,
environment, and commercial vitality.
F. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15301: Existing Facilities.
No significant effect on the environment will occur since the project uses an existing
structure with no increase in floor area, and proposes no exterior building modifications.
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
CONCLUSION:
A. Summary
Staff has provided recommended conditions of approval for the proposed business (Exhibit
3). The proposal would not increase traffic impacts or required parking at the site. The
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SUBJECT: 104 UNIVERSITY AVENUE/U-17-005
JULY 21, 2017
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business proposes to close by 8:00 p.m., Monday through Sunday. The proposed use is in
conformance with the Town Code and is consistent with the General Plan.
B. Recommendation
Based on the analysis above, staff recommends approval of the CUP application subject to
the recommended conditions of approval (Exhibit 3). If the Planning Commission finds
merit with the proposed project, it should:
1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the
California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a CUP (Exhibit 2); and
3. Approve CUP application U-17-005 with the conditions contained in Exhibit 3.
C. Alternatives
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Approve the application with additional and/or modified conditions of approval; or
2. Continue the application with direction to a specific hearing date; or
3. Make the findings for denial of a formula retail business (Exhibit 2) and d eny the
application. If the Commission makes the findings for denial, the Commission must
provide support for those findings.
EXHIBITS:
1. Location Map
2. Required Findings (two pages)
3. Recommended Conditions of Approval (four pages)
4. Business Description/Letter of Justification, received June 16, 2017 (17 pages)
5. Formula Retail Map
6. Local resident support, received June 16, 2017 (two pages)
7. Public Comment received by 11:00 a.m., Friday, July 21, 2017
8. Development Plan, received June 16, 2017 (one page)
Distribution:
Urban Remedy Inc., 208 S. Garrard Boulevard, Richmond CA, 94801
Gloria P. Millen, 18364 Oak Drive, Monte Sereno CA, 95030
104 University Avenue
•••••••••c::========:i Miles· +N 0 0 .125 0 .25
EXHIBIT 1
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Intentionally
Left Blank
PLANNING COMMISSION -July 26, 2017
REQUIRED FINDINGS FOR:
104 University Avenue
Conditional Use Permit U-17-005
Requesting approval for a formula retail establishment (Urban Remedy) on property
zoned C-2 LHP. APN: 529-02·012.
PROPERTY OWNER: Gloria Millen
APPLICANT: Urban Remedy, Inc.
FINDINGS :
Re q uire d 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. No significant effect on the environment will occur since the project uses an
existing structure with no Increase in floor area.
Required findings for a Condltional 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 an organic food option for vi sitors and residents in the
downtown; and
. 2. 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; and
3. The proposed use would not be detrimental to public health, safety or general welfare,
and the conditions placed on the permit would maintain the welfare of the community;
and
4. The proposed use is in harmony with the General Plan and Town Code because it
contributes to the variety of commercial uses in the Central Business District.
Requ i red findings for Denial of a Conditional Use Perm it for a Formula Retail Business:
• As required by Section 29.20.190 of the Town Code for denyi ng a Conditional Use Perm it :
(b} The deciding body, on the basis of the evidence submitted at the hearing, may deny a
conditional use permit foi a formula retail bus i ness or a personal service business if any
EXHIBIT 2
Page 2of2
104 University Avenue/U-17-005
July 26, 2017
of the following findings are made:
(1) The proposed use of the property is not in harmony with specific provisions or
objectives of the general plan and the purposes of this chapter;
(2) The proposed use will detract from the existing balance and diversity of businesses
in the commercial district in which the use is proposed to be located;
(3) The proposed use would create an over-concentration of similar types of businesses,
or;
(4) The proposed use will detract from the existing land use mix and high urban design
standards including uses that promote continuous pedestrian circulation and
economic vitality.
If the Planning Commission makes findings to deny the project, the Commission must provide
support for the findings for denial.
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PLANNING COMMISSION -July 26, 2017
CONDITIONS OF APPROVAL
104 Uniyersity Avenue •
Conditional Use PermitU-17-005
Requesting approval for a formula retail establishment (Urban Remedy) on property
zoned C-2 LHP. APN 529-02-005
PROPERTY OWNER: Gloria Millen
APPLICANT: Urban Remedy, Inc.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL : This applicati on shall be completed i n 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 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. 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 pursuant to
Section 29 .20.340 of the Zoning Ordinance.
4. USE: The approved use is for a formula retail business for prepackaged food items.
5. NUMBER OF SEATS: No dining seats are allowed as part of this conditional use permit.
6. HOURS OF OPERATION: Maximum hours of operation are 7:00 a.m. to 8:00 p.m.
7. NUMBER OF STAFF: Maximum two on-site.
8 .
9.
DELIVERIES: Typical delivery times shall be between 6:00 a.m . and 7 :00 a.m . three t i mes a
week through the side door entrance.
CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be
obtained prior to commencement of use.
10. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance
Department prior to commencement of use.
11. 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.
12. ROOFTOP EQUIPMENT: Any new or modified roof mounted equipment shall be fully
screened prior to issuance of an occupancy permit.
13. 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.
14. 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 8
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Building Division
15. PERMITS REQUIRED: A Building Permit shall be required for all Interior modifications and
alterations to the existing commercial building and shall include all necessary site work
required to create a van accessible parking space, access aisle, and accessible path of
travel to the business entrance. This is a Comb i nation Permit which includes all required
electrical, mechanical, and plumbing work as necessary.
16. 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.
17. SIZE OF PLANS : Submit four sets of construction plans, minimum size 24" x 36", maximum
size 30" x 42".
18. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
19. Forms must be blue-lined (i.e. sticky backed) onto the plans including lighting compliance
and mandatory measures.
20. TITLE 24 ACCESSIBILITY -COMMERCIAL : For any proposed Tenant Improvements, general
path of travel from the public way shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be .limited to, access i bility 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
investi gated by the design Architect and then confirmed by Town staff. See Advisory
Comments.
21. DEPARTMENT OF ENVIRONMENTAL HEALTH CLEARANCE : Please provide evidence of
approval from Santa Clara County Environmental Health Department for the proposed
scope of work for this food sales facility. Evidence shall be i n the form of stamped
"approved" plans and/or a letter from the County Environmental Health Department
i nd i cati ng their approval of the proposed project stating that this facility does or does not
require a PERMIT TO OPERATE.
22. PLANS : The construction plans for this commercial building tenant improvement shall be
prepared under the direct supervi sion of a California licensed Architect or Engineer.
23. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development-Planning Div ision: Azhar Khan (408) 354-6806
b . Santa Clara County Fire Department: (408) 378-4010
c. Santa Clara County Environmental Health Department: (408) 918-3479
24. 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 118-202, "Accessibility for
Existing buildings and facilities ". Existing accessibility features and/or elements
required to be access i ble should include : (a) Accessible mai n 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); (c)
Accessible Restrooms; (d) Accessible indoor and/or outdoor seating
b. Where the cost of alterations or remodeling is less than a threshold amount (currently
at $156,162.00) 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 2o<'..6 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. If the cost of
alterations and remodeling exceeds the threshold amount ($156,162.00) then the
plans must show full access i bility compliance and this shall be indicated on the 20%
Rule Form affixed to the plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS :
Engineeri ng Division
25. GENERAL : All work shall conform to the applicable Town ordi nances. The adjacent public
right-of-way shall be kept clear of all job-related construction debris at the end of the day.
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 Applicant's representative in charge shall be at the job site
during all working hours. Failure to maintain the public right-of-way accord i ng to this
condition may result i n the issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Applicant/Owner's expense .
26. 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.
27 . 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.
28. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure ofthe 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.
29. PLANS AND STUDIES: Any post-project traffic or parking counts, or other studies imposed
by the Planning Commission or Town Council shall be funded by the Applicant.
30. WATER DESIGN: In the event of any required improvements to the existing water service
and/or meter, water plans prepared by San Jose Water Company must be reviewed and
approved prior to issuance of any permit.
31. 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 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. 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 Applicant
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.
34. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
35. FIRE SPRINKLERS/FIRE ALARM REQUIRED: If applicable, Alter the fire sprinkler and fire
alarm systems as needed by new/partitions and ceilings. Submit shop drawing (3 sets) and
a permit application to the Santa Clara County Fire Department for approval before
altering the system. Note: The "Building Department Permit Number" that corresponds to
this project shall be provided on differed drawings to be submitted for review.
36. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke with of 0.5 inch
(12. 7mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to identify
the structure. Address numbers shall be maintained. CFC See. 505.1.
37. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification Sl-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp.33
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Town of Los Gatos
Community Development Department
110 E. Main Street
Los Gatos, CA 95030
June 16th, 2017
URBAN RlMf DY
Re : Urban Remedy-104 University Avenue, Los Gatos, CA
CUP Formula Retail Approval Letter of Justification-Revised 6 .16.17
Dear Planning Commission Members,
RECEIVED
JUN ti <, 2017
TOVVN OF LOS GATOS
PLANNING DIVISION
Urban Remedy is a certified organ ic, plant-based food company based in the Bay Area. Our mission is to reimagine
our food system and educate the world that good food can be good for the planet and healing to the body.
• Our offerings are crafted to be low glycemic and anti-inflammatory-100% of our food Is organic, gluten
free, non-GMO, and dairy free.
• We make all our food sustainably in Richmond, CA, in small batches with locally-sourced Ingredients. over
909' of our produce Is SOtJrced from farms and orchards within 80 miles of our facility.
• Our packaging i s made of 100% post-consumer recycled material AND is 100% recyclable-a distincti on
that sets us apart from the majority of retail food companies.
We are a small but rapidly growing company with nine (9) retail stores throughout the Bay Area (see attached
location brochur e). Our product line is currently carried in Whole foods Martcets and Peet's coffee shops
throughout the region. We se!I cur product onllne and are fortunate to already have a committed and growing
customer base in the Los Gatos/San Jose/Campbell area. This will be our first retail location in the South Bay.
We request the approval for a Conditional Use Permit at 104 University Avenue. We feel we will be a great flt for
the community for the following reasons:
• Los Gatos has a highly-educated and active community that is passionate about healthy and sustainable
living.
• Urban Remedy will provide the Los Gatos community a nutritious and convenient source of organic meals,
salads, wraps, snacks, cold-pressed juices, and sides. We think of our retail stores as small, specialty
markets • where customers can procure prepared breakfast, lunch, and dinner needs for the day or even
week.
• The proposed uses of the property are essential or desirable to the public convenience or welfare
We feel that having a source for locally grown, 100% certified organi c food is desirable to the public.
There are few options for organ ic, prepared, to-go food that is hea lthy and convenient in the
downtown Los Gatos area .
• The proposed use will not Impair the integrity· or character of the zone.
EXHIBIT 4
URBAN RIMIDY
We design our stores to match the vernacular of both the building and streetscape. Our stores are
small format, beautiful and calming spaces that promote a healthy and sustainable lifestyle. Because
we don't require food service permits or restaurant kitchens, we can occupy very small retail spaces -
thus adding to the diversity of retail mixes in a commercial area by opening in spaces traditionally
leased out for apparel. We are truly a unique concept with very little direct competition. We don't
see our company having a negative impact on any of the existing stores and retailers nor will it
detract from the existing balance and diversity of businesses in the commercial district.
• The proposed use will not be detrimental to public health, safety, or general welfare and the proposed use
of the property Is In harmony with the various elements and objectives of the general plan.
We developed our retail spaces to be resources for the community. Our aim is to promote a
healthy living ethos by showing our customers that good food can be convenient, delicious, and
accessible. The use of the property does not conflict with the objectives of the general plan nor
will the design of our space modify or Impact the look and feel of the existing property or
neighboring properties.
Description of Space and Operations:
The space we have leased is a small mixed-use property next to the Old Town Center at 104 University Avenue .
The space is 997sf -zoned retail in the C2 Zone. There are three dedicated on-site parking spaces which would be
for customer parking. The sales floor will have three 48" reach in refrigerators, a sales counter, and approx. 15'
linear feet of dry shelving for snacks, etc. The rear of the space will contain a double fridge and freezer for back
stock, additional dry storage, and a manager's desk.
• Hours of Operation :
Monday -Sunday 7am-8pm.
• We will have an average of 1-2 employees onsite most days. The number of staff onsite will not change in
the future. All of our existing stores operate with 1-2 staff members. We have found this to be the correct
number of staff members In our retail stores.
• Our preference is to hire local store managers and crew with strong ties to the community. One of the
main focuses of the store crew is community outreach. Our crews attend multiple events a month -
partnering with nearby fitness and yoga studios and other local businesses.
• Deliveries will be Monday, Wednesday, Friday between 6am-7am, through the side door. Deliveries are
quiet and quick (less than 10 minutes). The delivery truck is a 16' refrigerated truck. The drivers are
required to completely shut down both the engine (no idling) as well as the refrigerator compressor to
reduce noise. Deliveries take no more than 10 minutes.
• Food Is designed for grab n go consumption. Average time clients spend in the stores is <7 minutes. Due
to the fast transaction time and the three onsite parking spaces, we don't foresee any burden on street
parking or a significant Impact on traffic congestion .
• Food that does not sell ls donated the day before expiration to local shelters or food banks. We are
currently reaching out to nearby non-profits and faith based organizations to arrange for donations.
Urban Remedy is a company that truly believes that food can be healing and that easy and convenient meals don't
have to be hard on the planet. We feel confident we'd be a positive addition to the Los Gatos community. Should
you have any questions or concerns, please feel free to reach me directly at (415) 202-3456 or via email at
marian@urbanremedy.com.
Kind Regards,
Marian Thomas
Urban Remedy
URBAN R[MlDY
Proposed Project Summary:
Urban Remedy proposes to occupy a 997sf retail space at 104 University Avenue i11 Los G~lo:s, CA. The
existing building is a mixed-use th.ree story structure with a retail storefront facing University Avenue and two
residential units In the back. The retail space is currently zoned retail (C-2 Zone). The previous tenant was a
women's apparel store. The proposed floor plan for the retail space includes three 48" grab n go fridges on the
sales floor, a front counter, and dry storage shelves for snacks. The back storage area will remain mostly as-is but
with some back stock storage. Urban Remedy Is a retail food concept. There will be no food prep onsite. All food Is
made and prepackaged in our Richmond facility and delivered to the store three or four times a week. We are not
seeking a restaurant or food service permit. Lastly, we will not be modifying the exterior of the building or making
changes to the surrounding landscaping .
Urban Remedy is a small bay area company with nine existing retail stores. We are seeking a Conditional
Use Permit for approval as a formula use retail chain.
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LOCATION GUIDE
A belief system, not a tagline
Our founder, Neka Pasquale, didn’t set out to create Urban
Remedy–it was a natural evolution of her passion for health
and healing and living a lifestyle with “food is healing” as her
mantra. Growing up in the farm-to-table culture of Northern
California, Neka was inspired by people who care about what
they eat and who strive to eat for health as well as pleasure.
In her private practice of over a decade, Neka combined
acupuncture and Chinese medicine with cutting-edge
nutrition and lifestyle modifications to heal, balance and
create optimal health. Neka started leading wellness retreats
with her patients and over and over again they described
experiencing life-changing results after just a few days.
Inspired by these transformations, Neka knew she had found
her calling and in 2009, Urban Remedy was born.
“At my retreats I was able to share my love of food,
acupuncture, building community and healing which
inspired me to create Urban Remedy.”
Eat consciously, live vibrantly
Each of our offerings is carefully crafted using Neka’s
knowledge of food as healing along with her talent for
combining flavors, colors, and textures to create food so
good you forget it’s good for you. Every ingredient
is chosen based on its healing properties – from our
salts and oils to our produce and sweeteners. And quality
is never compromised. By applying ancient wisdom
to modern-day clean eating, we empower our clients
to live healthy, vibrant lives.
Healing people and the planet
Good food is also good to the planet. We strive to make each
offering low glycemic, anti-inflammatory, and food that truly
nourishes every cell in your body. Everything we make is
organic, plant-based, gluten-free, non-GMO, and dairy-free.
Our packaging is earth-friendly, too – 100% recycled and
recyclable. We make our food sustainably in small batches
with locally-sourced ingredients.
We’re on a mission to reimagine our food system and
teach the world that food is healing. Join us!
Breakfast
Beet Apple Granola $6.95
Chia Parfait $5.75
Raw Steel Cut Oatmeal $5.75
Salads & Bowls $8.95
Ensalada Bowl
Macro Bowl
Mediterranean Herb Salad
Pad Thai
Rainbow Salad
Soba Noodle
The Vegan Caesar
Umeboshi Sushi Salad
Veggie Chopped Salad
Sustainable Animal Proteins
Pasture-Raised Hard Boiled Egg $1.25
Mary’s Free-Range Chicken $4.95
Loch Duart Salmon $5.50
Wraps & Rolls
Spring Rolls $6.95
Summer Rolls $6.95
VLT $9.25
Picnic Sides $4.75
Purple Potato Power
Soups $11.95
Lemony Greens Soup
Raw Carrot Soup
Veggie Pho Soup
Savory Snacks
Sweet Potato Hummus & Veggies $5.95
Carrot Curry Crackers $4.50
Veggie Crackers $4.50
Cheesy Kale Chips $7.50
Sour Cream & Chive Kale Chips $7.50
Spicy Lemon Almonds $4.50
Sweet Snacks
Almond Brownie $3.75
Banana Brittle $6.95
Cacao Brittle $6.95
No Oatmeal Cookie $6.95
Bars $3.25
Cacao Chip Bar
Matcha Energy Bar
Superfood Bar
Desserts
Crème Caramel $4.25
Raw Cacao Mousse $4.25
Tiramisu $5.75
Salad Dressings $9.95
Apple Cider Vinaigrette
Cilantro Ginger Vinaigrette
Tahini Vinaigrette
Pricing is subject to change
Cold Pressed Juices $8.75
After Party
Cold Crusher
Deep Cleaning
Digestif with Probiotics
Dynamo with Probiotics
Glow
Happy Belly with Probiotics
Slender Greens
Soothe
Lemonades $5.50
Boost
Refresh
Time Machine
Coffees & Teas $4.95
Cold Brew Light
Matcha Au Lait
Meal Replacements $8.95
Chai
Chocolate Banana
Green Berry
Mint Cacao Chip
PB&J
Warrior
Nut Milks $8.95
Almond Milk
Blue Magic Milk
Cacao Almond Milk
Vanilla Cashew Nut Milk
Shortys
Chocolate Banana Shorty $4.75
OJ Shorty $3.95
Shots $4.25
Endurance
Hydration
-nflamm-relieve
Spikes $2.95
De-stress
Detox
Diet
Immuno
Youth
Cleanses
Low-Glycemic Cleanse $49.00
Purify Cleanse $49.00
Refresh Cleanse $49.00
Super Green Cleanse $49.00
Warming Soup Cleanse $35.00
$25M
$15M
$5M
2015A
$5M
2016A
$10M
2017F
$22M
$20M
$10M
$1M
URBAN REMEDY REVENUE GROWTH
San Francisco
450 Hayes Street
1957 Union Street
1 Ferry Building
East Bay
2946 College Avenue, Berkeley
63 Lafayette Circle, Lafayette
1320 Locust Ave, Walnut Creek
Oakland (opening summer 2017)
Marin
238 Magnolia Ave, Larkspur
15 East Blithedale Ave, Mill Valley
1904 4th St, San Rafael
LOCATIONS
SAN FRANCISCO
Hayes Street
SAN FRANCISCO
Union Street
SAN FRANCISCO
Ferry Building
BERKELEY
College Avenue
LAFAYETTE
Lafayette Circle
WALNUT CREEK
Locust Avenue
LARKSPUR
Magnolia Avenue
MILL VALLEY
East Blithedale Avenue
SAN RAFAEL
4th Street
WHOLE FOODS
We are proud to partner with Whole Foods
Market to offer Urban Remedy at these
Whole Foods locations in the Bay Area.
San Francisco
Mill Valley
Novato
Napa
Berkeley
Lafayette
Campbell
Cupertino
Santa Clara
Palo Alto
11
THE FUTURE OF FOOD IS FRESH
A plant-based organic food company that
embodies the belief that “Food is Healing.”
We make eating fresh easy.
CERTIFIED
ORGANIC
CERTIFIED
NON-GMO
LOW
GLYCEMIC
Town of Los Gatos
Lcx:atlon of Formula "-tall
Businesses In the C·2 Zone
t White House/lllack MaJtr.et
2 Chi cos
J Talbot's
4 Banana Republic (W-1
5 lanana Republic (Mtn)
6 G1p/G1p laby/llody
1 Ao.thror'*"•
I Plf'YNS
t ~rl..a Table
fO Title 9 Sports
11 WlllW..-5onoma
12 Rest.oration Hanlware
13 Gymboree
14 Apple
15 J . er-
" Lucy 17 Joi A. llllk
11 Phu1McA lntesrattw
tt Francttc:n CollectloA
20 C.llfomla Closets
21 _.s81kes
22 Benefit
2J Btu. Illusion
24 We olive
25 Lolli and Pops
16 J -Md.authlul
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L._J ·--C.W-----.. -·. r:-1 M-C ,, _ _J ___ .___......, __
r-1--11" L..__J--c--r-i•-r l__J ___ .,lontaCNI-•
• I .
URBAN RlMlDY
RECEIVED
JUN 16 2017
TOWN OF LOS GATOS
PLANNING DIVISION
"I am a local resident of the Town of Los Gatos and I support the opening of an Urban Remedy
retail store at 104 University Avenue."
Signed:
Name fl \~~ ~-Z..O .
u a~ro y n \J er m re r '"'ch
A l exandra ~-tr-ace )'
Address S::> • UI\ i ~ ~ l\ve~ .
5 o u n t v er~ 1 +<j f\Vf.
#/
k29J
---:..-'"'"'--..~=--~~~~...._--------~--~~~~~..._~~
EXHIBIT 6
URBAN RlMlDY
"I am a local resident of the Town of Los Gatos and I support the opening of an Urban Remedy
retail store at 104 University Avenue."
Signed:
Name L-INJ>A H A-TUl/~/-1-
I !J~ G9<!tJ8 A IC-AvtlF
Address l-05 ~A7DS C1A-9S"Duot
PUBLIC COMMENT
Public comments received by 11:00 a.m., Friday, July 21, 2017
NONE
EXHIBIT?
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lntentiorially
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NORTH
PROPERTY LINE
PROPERTY LINE PROPERTY LINEPROPERTY LINEUNIVERSITY AVENUEMULLEN AVENUE
PROPOSED RETAIL
EXISTING OFFICE
EXISTING
(COVERED AREA)
EXISTING RESIDENTIAL
PROPERTY LINEPROPERTY LINEPOS
BACK OF HOUSE / DRY STORAGE
OPEN (REFRIGERATED)
SHELVING - TYP.
(E) RESTROOM
BACK OF HOUSE /
STORAGE SPACE
STORAGE
(E) STAIRS- UP
(E) STAIRS- UP
(E) RAMP
(E) RAMP
(E) ADJACENT SPACE
+0'-0" (GRADE)+2'-0"
+2'-0" (FIN. FLR)+5'-1.5" (FIN. FLR)
+2'-0"
(E) STORAGE
(E) ENTRY
(E) ENTRY
(E) RAMP ENTRY
(E) GUARDRAIL
INFILL EXISTING WALL OPENING-
MATCH WALL THICKNESS
INFILL EXISTING WALL OPENING-
MATCH ADJACENT WALL THICKNESS
FULL HEIGHT PARTITION SECTION AT
REFIGERATOR SURROUND- TYP. BOTH SIDES
FULL HEIGHT PARTITION SECTION
FULL HEIGHT PARTITION SECTION AT
REFIGERATOR SURROUND- TYP. BOTH SIDES
ENGINEERED WOOD FLOORING
ENGINEERED WOOD FLOORING
EXISTING
WALL TO
BE REMOVED
EXISTING
RAILING SECTION
TO BE REMOVED
EXISTING FLOORING
TO BE REMOVED.
SUBSTRATE TO BE PREPARED
FOR NEW FLOORING
EXISTING WALL SECTION
OPEN ABOVE 38" A.F.F. TO CEILING
EXISTING
WALL SECTIONS/
SOFFITS ABOVE
+2'-0"
+2'-0" (FIN. FLR)
+5'-1.5" (FIN. FLR)
RECORD OF DRAWING ISSUANCE
Project Number:
104 UNIVERSITY AVE.
LOS GATOS, CA 95030
CUP APPLICATION 04.27.2017
APPLICATION FOR
CONDITIONAL USE PERMIT
17031.1
Reviewed By:--
101 Montgomery Street Suite 650
San Francisco, CA 94104
T 415 346 9990
349 5th Avenue, New York, NY 10016
NOT FOR CONSTRUCTION
CUP APPLICATION-REVISIONS 05.31.2017
A001
PLANS
PROJECT DATA
ADDRESS: 104 UNIVERSITY AVENUE
LOS GATOS, CA, 95030
APN: 529-02-012
SITE AREA: 7769.3 SQ FT
ZONING: C-2 : LHP
CONSTRUCTION TYPE: V-B, NON-RATED (PER CBC SEC 602.5
& TABLE 601)
SETBACKS:
FRONT -15' (PARCEL ABUTTS RESIDENTIAL)
SIDE -20'
REAR -20'
STREET SIDE -10'
BUILDING AREA S:
-EXISTING RETAIL - 997.7 SQ FT ± - NO ADDITIONAL AREA
INCREASE
-EXISTING RESIDENTIAL- APARTMENT 'B' 1,004.37± SQ FT.- NOT A
PART OF APPLICATION
-EXISTING OFFICE - 418.24 SQ FT ± - NOT A PART OF APPLICATION
-EXISTING RESIDENTIAL- APARTMENT 'C' - 1000 SQ FT ± - NOT A
PART OF APPLICATION
-SCOPE OF WORK: INTERIOR IMPROVEMENT WORK INCLUDING
NEW PARTITIONS, EQUIPMENT, CASEWORK, AND FINISHES. NO
EXTERIOR WORK OR LANDSCAPE MODIFICATIONS BEYOND
SIGNAGE
ZONING MAP- DETAIL
SITE PLAN
PROPOSED PLAN
SCALE : 1/16" = 1'-0"
SCALE : N.T.S.SCALE : 3/8" = 1'-0"
EXISTING PLAN SCALE : 3/16" = 1'-0"
EXHIBIT 8