663 Blossom Hill Rd, Ste.200 - Staff Report and Exhibits 1-4
PREPARED BY: ERIN WALTERS
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: 08/23/2017
ITEM NO: 2
CONSENT
DATE: AUGUST 18, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-16-002. PROJECT LOCATION:
663 BLOSSOM HILL ROAD, SUITE 200. PROPERTY OWNER: LINDA L.
LESTER C/O LESTER INVESTMENT. APPLICANT: LGC BARRE LLC, SHADIN
SAAH AND STACY BARRETT.
REQUIRED ONE YEAR REVIEW OF PARKING FOR THE APPROVED
CONDITIONAL USE PERMIT FOR A FITNESS STUDIO (THE BAR METHOD LOS
GATOS) ON PROPERTY ZONED CH:PD. APN 529-65-028.
RECOMMENDATION:
Accept the report for the required one year review of parking for the approved conditional use
permit for a fitness studio (The Bar Method Los Gatos).
PROJECT DATA:
General Plan Designation: Mixed Use Commercial
Zoning Designation: Commercial Highway/Planned Development, CH:PD
Applicable Plans & Standards: General Plan
Parcel Size: 2.04 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Office Mixed Use Commercial O
East Commercial Mixed Use Commercial C-1
South Commercial Mixed Use Commercial CH
East Residential Medium Density Residential R-M:5-12
PAGE 2 OF 3
SUBJECT: 663 BLOSSOM HILL ROAD, SUITE 200/U-16-002
DATE: AUGUST 18, 2017
N:\DEV\PC REPORTS\2017\BHR 663, Ste.200 - 1Yr Prkg Review _ 08-23-17.docx 8/17/2017 8:21 AM
BACKGROUND:
On April 13, 2016, the Planning Commission approved a Conditional Use Permit (CUP) for The
Bar Method Los Gatos to operate a fitness studio with group classes. The Commission
conditioned the CUP to return one year from final occupancy to determine if the conditions
need to be modified to reduce potential parking impacts to the neighborhood (Exhibit 2,
Condition 5).
PARKING:
The Town’s Community Development Department, the Police Department, nor t he applicants
have received any complaints regarding parking issues related to the fitness studio. The owners
of The Bar Method Los Gatos have submitted a letter describing that they have not had any
complaints or issues regarding parking (Exhibit 3). The owners also encourage their clients to
walk and bike to the site in the studio’s welcome letter.
PUBLIC COMMENTS:
Staff mailed a public notice to property owners and occupants within 300 feet of the subject
property. The Town has not received any complaints/comments from the public since The Bar
Method Los Gatos opened in August of 2016.
Exhibit 4 includes public comment received by 11:00 a.m., Friday August 18, 2017.
RECOMMENDATION:
The Bar Method Los Gatos has met all of the CUP requirements and staff is unaware of any
impacts or concerns related to the fitness studio use. Therefore, staff recommends the
Planning Commission accept staff’s report.
If the Commission believes there may be impacts or concerns associated with the fitness studio
use, it should pull the item from the consent calendar for discussion. Depending on the
discussion, the Commission may request that the CUP be scheduled for modification or
revocation at a public hearing pursuant to Section 29.20.310 of the Town Code.
EXHIBITS:
1. Location Map
2. Existing Conditions of Approval (six pages)
3. Letter from Applicant (one page)
4. Public comments received by 11:00 a.m., Friday August 18, 2017
PAGE 3 OF 3
SUBJECT: 663 BLOSSOM HILL ROAD, SUITE 200/U-16-002
DATE: AUGUST 18, 2017
N:\DEV\PC REPORTS\2017\BHR 663, Ste.200 - 1Yr Prkg Review _ 08-23-17.docx 8/17/2017 8:21 AM
Distribution:
Linda L. Lester c/o Lester Investment, 15466 Los Gatos Blvd., Los Gatos, CA 95032
LGC Barre LLC, Shadin Saah and Stacy Barrett, 637 Fuller Avenue, San Jose, CA 95125
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PLANNING COMMISSION -April 13 , 20 16
CONDITIONS OF APPROVAL
663 Blossom Hill Road, Suite 200
Conditional Use Permit Application U-16-002
Requesting approval for a new fitness studio (Bar Method Studio) with group classes on
property zoned CH:PD. APN 529-65-028.
PROPERTY OWNER: Linda L. Lester c/o Lester Investment
APPLICANT: LGC Barre LLC, Shadin Saab and Stacy Barrett
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved and noted
as received on January 13 , 2015. Any changes or modifications made to the approved plans
shall be approved b y the Director of Community Development, the Development Review
Co mmittee, the Planning Commission, or the Town Council depending on the scope of the
changes.
2. EXPIRATION OF APPROVAL: The Co nditional Use Permit application will expire two
years from the date of approval (April 13 , 2017) unless it is used before expiration. Section
29.20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
3. LAPSE FOR DISCONTINUANCE : If the activity for which the Conditional Use Permit
has been granted is discontinued for a period of one (1) year the approval lapses.
4 . USE: The approved use i s for group fitness classes and childcare for members . Any
change in the type of business requires modification of the Conditional Use Permit.
5. REVIEW : The Planning Commission shall review the CUP one year from final occupancy
to determine if conditions need to be modified to reduce potential parking impacts to the
neighborhood.
6 . NUMBER OF STUDENTS: The maxim um number of students is limited to 24 at any
given time.
7. NUMBER OF STAFF/INSTRUCTORS: The maximum number of staff/instructors on-site
at a ny given time is limited to four.
8. CHILDCARE: The number of children utili zing the on-site child care at any given time is
limited to a maximum offive children. Parents of children must be on-site. Child care is
for fitnes s studio members only. On-site childcare for each child is limited to one hour per
day.
9 . HOURS OF OPERATION: Maximum hours of operation are 5:30 a.m. to 9:00 p.m.,
weekdays and 6:30 a .m. to 5:00 p.m . weekends.
10 . DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deli veries shall not
be mad e from Blossom Hill Road or Los Gatos Boulevard.
11. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business
s hall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts.
12. TRASH MANAGEMENT PLAN: The property owner and applicant shall comply with the
Sandy Lane Trash Management Plan prepared by American Trash Management on
EXHIBIT 2
December 1, 2014. The Trash Management Plan may be adjusted as tenant uses and waste
volumes change within the commercial center.
13. NOISE STANDARDS : The use must comply with the Town Code's noise levels for
commercial zones.
14. CHILD CARE: Shall be provided for use of onsite members only.
15. EXTERIOR MAINTENACE: Exterior maintenance by employees shall not occur between
the hours of 10:00 p.m. and 8:00 a .m.
16. WINDOWS ALONG BLOSSOM HILL ROAD ELEV A TION : The windows along the
Blossom Hill Road building elevation shall remain unobstructed, unblocked and un-tinted.
Windows are to be free and clear of all stacked materials.
17. 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.
18. CONSTRUCTION MANAGEMENT PLAN: A construction management plan is required .
19. 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.
20. 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.
21 . 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 requirem ent 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.
22. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
23. PERMITS REQUIRED: A Building Permit shall be required for Tenant Improvement
alterations to the existing commercial building. Separate permits are required fo r electrical,
mechanical, and plumbing work as necessary.
24. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-l ined 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.
25. SIZE OF PLANS: Four sets of construction plans, si ze 24" x 36".
26. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue-lined on the plans including lighting compliance resulting from
lighting changes and Mandatory Measures Form.
27. 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. For any proposed tenant improvements ,
the building shall be upgraded to comply the latest California Title 24 Accessibility
Standards.
28. PLANS: The Tenant Improvement construction plans for thi s commercial building shall be
prepared under the direct supervi sion of a licensed Architect or Engineer. (Business and
Profess io ns Code Section 55 37.)
29. APPROVALS REQUIRE D: The project r equires the following departments and agencies
approval before issuing a Building Permit:
a. Community Development -Planning Di vi s ion : Erin Walters (408) 354-6867
b. Santa Clara County Fire Department: ( 408) 3 78-40 l 0
c. West Valley Sanitation District: (408) 378-2407
30 . ADVISORY COMMENTS FOR TENANT IMPROVEMENTS :
a. In addition to all new work complying with the Code for access ibility, when existing
buildings are altered or remodeled they mus t be made accessible to persons with
physical di sabiliti es in accordance with the C BC Section 1 l B-202 , "Accessibility for
Ex is tin g Buildings". Ex is ting accessibility features and/or e lem ents required to be
accessible in order of priority include:
(a) Accessible main entrance with r equired signage and door hardware;
(b) Accessible route to altered area (including parking s pace and path of travel
from public way and neces sar y s ignage);
(c) Accessible Restroom s.
b. If Tenant Improveme nts are made and the cost of these alterations or remodeling i s less
th an a threshold amount (currently at $150,244.00) and the cost to provide all tho se
features li s ted above i s disproportionate to the improvement cos ts (i.e. more than 20%
of the budget), then the Owner is only re quired to provide disabled access upgrades up
to 20% of the budget cost for alterations with the approval of the Building Official.
Please o btain the Town 2 0% Rule Form from the Town Permit Counter or download it
from the Town of Lo s Gatos website at www.losgatosca.gov and completely fill it out
showin g a ll the required upgrades that will b e provided and their costs. This form must
b e permanently affix ed (i .e. blue-lined , s ti cky-backed onto the pl an s.
c. This Tenant s pace i s completely new and therefore all new construction must provide
strict compliance with a ll the acces sibility requirements of CBC Chapter 11 B. For
example, the accessibility re quirements for accessible shower compartments must
comply w ith all the de tail s of CBC l lB-608.
d . Plumbing facilities shall be prov ided in accordance with the California Plumbing Code .
Exiting and Occupant Load shall be in strict co mpliance with California Building Code
C hapter 10.
e. Maintain a minimum aisle width of 36 inches.
TO TH E SATISFACTION OF THE DIRECTOR OF PARKS AND P UBLIC WORKS:
Engine ering Division
3 1. GENERAL: All publi c impro vements s ha ll be ma d e according to th e latest adopted Town
Standa rd Pl ans, Standard Specifications and En gi neering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept
clear of a ll job-related dirt and debri s at the end o f the day. Dirt and debri s shall not b e
wash ed into s to rm drainage facilities. The storin g of good s and ma terial s on the s idewa lk
and/or the s treet w ill no t b e all owed unl ess an e ncroachment pe rmit is i ssued. The
Applicant's representative in charge shall b e at the j o b s ite 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.
32. 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.
33. 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 .
34. 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.
35 . 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 .
36 . PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos , Community Development Department.
3 7 . SIDEWALK REP AIR: The Applicant shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. All new and existing
adjacent infrastructure must meet current ADA standards. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. SANITARY SEWER BACKWATER VAL VE: 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.
45 . 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.
46. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
47. FUTURE STUDIES: Any post-project traffic or parking counts, or other studies imposed
by Planning Commission or Town Council shall be funded by the Applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
48. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-
7. Provide appropriate notations on subsequent plan submittal s, as appropriate to the
project.
49. 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. 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 width of 0.5 inch (12. 7 mm). 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.
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LOS GATOS
To: The Planning Commission of Los Gatos
RECE\VED
l;\-\{p-OOZ..
JUN 2 1 2017
TOWN Of LOS GATOS
PLANNING DIVISION
We have had a wonderful first year of business in Los Gatos in our Lester Square locati o n .
We have had absolutely no is s ues with parking, nor complaints fro m o ur cli e nt s about
trouble finding parking spots.
We include , in our Welcome Letter to new clients , the following message: Be sure to arri ve
J 5 minutes early ... We also encourag e walking and biking to o ur studio! We can't wait to
meet you!
We have many clients who choose to walk or bike , and appreciate that it is part of our
policy to encourage this .
Sincerely,
Stac y Barrett
Owners, The Bar Method Los Gatos
.EXHIBIT 3
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PUBLIC COMMENT
Public comments received by 11:00 a.m., Friday, August 18, 2017
NONE
EXHIBIT4
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