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15525 Union Ave - Staff Report & Exhibits 1-6TOWN OF LOS GATOS ITEM NO: 2 CONSENT PLANNING COMMISSION STAFF REPORT Meeting Date: January 13, 2016 PREPARED BY: APPLICATION NO: LOCATION : APPLICANT/ CONTACT PERSON: PROPERTY OWNER: Jocelyn Puga, Assistant Planner jpuga@ losgatosca.go v Conditional Use Permit Application U-15-0 13 15525 Union Avenue (southwest comer of Union Avenue and Los Gatos-Almaden Road) Michelle Morris, JM Power Group, Inc . (D.B.A. CycleBar) DS Downing LP , a Delaware limited partnership APPLICATION SUMMARY: Requesting approval for a new fitness studio (CycleBar) with group exercise classes on property zoned C-1. APN 523-41-036. RECOMMENDATION: PROJECT DATA: North East South West DEEMED COMPLETE: December 11,2015 FINAL DATE TO TAKE ACTION: June 11,2016 Approval, subject to conditions. General Plan Designation: Neighborhood Commercial Zoning Designation: Neighborhood Commercial, C-1 App licable Plans & Standards: General Plan Parcel Size: 5.8 acres Surrounding Area: Existing Land Use General Plan Zoning Commercial and Neighborhood Commercial City of San Residential and City of San Jose Jose Commercial and Neighborhood Commercial , C-1, 0, and Residential Office Professional , and C ity City of San of San Jose Jose Residential Medium Density Re sidential RDand and Neighborhood C-1 Commercial Residential Medium Density Residential RDand RM-5:12 Planning Commission Staff Report -Page 2 15525 Union Avenue/U-15-013 January 13, 2016 CEQA: FINDINGS: ACTION: EXHIBITS: BACKGROUND: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California 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. • 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. The decision of the Planning Commission is final unless appealed within ten days. 1. Location Map 2. Findings 3. Recommended Conditions of Approval 4 . Business Description, received November 18, 2015 (three pages) 5. Letter ofJustification, received November 18, 2015 (two pages) 6. Development Plans, received December 11, 2015 (six sheets) The proposed project would occupy a vacant space in an existing commercial shopping center. The subject space is one of 17 commercial spaces located on the property. An eighteenth space is located on a separate parcel on the comer of Union Avenue and Los Gatos-Almaden Road . PROJECT DESCRIPTION: A. Conditional Use Permit The applicant is requesting approval to operate a fitness studio with group classes in a space previously occupied by the Old Oak Bottle Shop. The maximum hours of operation would be 5:30a.m. to 9:00p.m. seven days a week. The studio will typically be closed for classes from 12:00 p.m. to 4 :00p.m. each day, but may be staffed with one to two employees to handle customer inquiries. Classes will resume again from 4 :00 p.m. to 9:00 p.m. each day. The applicant provided a description of the business (Exhibit 4) and letter of justification (Exhibit 5) describing the proposal. Planning Commission Staff Report-Page 3 15525 Union Avenue/U-15-013 January 13,2016 When reviewing a Conditional Use Permit (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 . B. Location and Surrounding Neighborhood The project site is located on the southwest comer of Union Avenue and Los Gatos-Almaden Road (Exhibit 1 ). The subject commercial space is located in the northwest comer of the property. Commercial uses border the property to the north; residential and commercial uses border the property to the west and east; and residential uses border the property to the south. C. Zoning Compliance The zoning designation allows group fitness classes, subject to the approval of a Conditional Use Permit. ANALYSIS: A. Project Summary The project would use a vacant 1 ,972-square foot commercial space within an existing commercial shopping center for a group fitness studio (CycleBar). The project would not result in an increase of average daily trips (ADT) or peak hour trips. The applicant is proposing to operate during the following hours: Monday -Sunday 5:30a.m. -12:00 p.m. * Closed for classes 12:00 p.m.-4:00p.m. Monday -Sunday 4:00p.m.-9:00p.m. * On occasiOn CycleBar w1ll host chanty ndes The applicant is proposing a maximum of 50 students with a maximum of four staff and/or trainers for each class. The applicant provided a project description (Exhibit 4), letter of justification (Exhibit 5), and development plans (Exhibit 6) describing the proposal. B. Parking The commercial shopping center has 352 parking spaces (342 plus 10 ADA spaces). As shown in the table on page 4 of the staff report, the proposed u se and the existing uses would meet the parking requirements . Planning Commission Staff Report-Page 4 15525 Union Avenue/U-15-013 January 13, 2016 llude ntl Re s't Required Parking (greatest requirement used) Adelle• SultB Buelne• Name Type of U. Main SF doctors ltaff Seats RetaH eta-• Rettauranf Total L ! 15521 C1 .lChase Bank 4 ,200 --17.9 -l. 17.9 15525 A8 ProposedCyc/eBar 1,972 50(4) 8-4 20.7 20.7 15527 _A!!_ --t ~~ey M_i~e's Subs !restaurant I 1,553 i i ' 24 6.6 , -t-. 8.0 8.0 15529 _A~ 1 M <?O.l'~~-Burger =lrestauran.!_ __ _3,11±7 ---_ --70 -:-~~--T -23 .3 --+~=-23.~ 15531 A4 _ ~h~lici ~~ ~ake r:l_ __ 1retail . 594 2.51 , 2.5 15541 A3 !Union Nails personals~ 587 ----;--~ 1 2.5J ---: ---+--2.5 15543 A2 ,oc Bar~r i personal ~~ ~ 58?t -• J 2.51 -t · 2.5 1554~~Sweet Retreat __ restaurant 1 . 880 __ I 1 11 __ 3.7 ! __ t __ 3.7 _ 3.7 15549 Major i Safeway retail I 45 ,697 l 194.5 ' I 194.5 ]?_55~-' 811 t eore E'.<llution --.classes-_._J_ 1,2a1 ~-11 (1) I ~ s ._5t _'!:~~r_-=-=::-=~::::_·-~~ _155518 __ 8~2~_.!_ ____ ,retaillstor~~ 1 ~1 ! I ....... 0.5 _ i _ _ __ 0.~ 15553 810 ,EdibleArrangements l retail I 1,44-or-I . ' 6.1 i r I 6.1 15S55 8~-,P0?p_o~~~ Kuni~n-:-]~er~onal s~--=-<390T ] -1-5(4) i---~.9 !. -r 9.0 ~555? B_! :choco~te Drea~_!?~~ r~tail , 1,~o ~t __ I __ ,_ ~-~1 ~--l . 1 _ 5.1 15559 ~_,AIM Mail Center •retail , 1,1201 i t=· 4.8 _ 1 ______ 1 __ 4_:_~ 1_556_1_1 ~'!=J...')'CieanCity __ l e_e~onals~ _1,150 1 __________ ~----~---__ I __ 4.9 ~556.!_ ~~os Gatos Eye Care l medical _ ~~-9 1 t --~-NJ-_! _____ -c-_ _!Q:_~ 15567 83 ~hiropractic Wellness medical 1 1,152 1 -+--6.0. 1 6.0 -15569 81182 ,ProposedSt~rbur:_k_s ~sta':!.rant ~3 00f --_--' 64 ...... ----g,BI --21.3 -1 21.3 ! ·----• --l' . L l I ' ----tTotal SF 71,931 I __ _.._ Total Required Parking ___ 34~ -~-rota! Provided Parking , 352 C. Conditional Use Permit Findings In order to grant approval of a Conditional Use Permit, the deciding body must make the following findings: (I) The proposed use of the property is essential or desirable to the public convenience or welfare; and (2) The proposed use would not impair the integrity and character of the zone; and (3) The proposed use would not be detrimental to public health, safety or general welfare; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. In regards to the first finding, the proposed use is desirable to public convenience in that it provides a healthy indoor cycling studio for members of the community to exercise and socialize. 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 use would not be detrimental to public health, safety or general welfare, and the conditions regarding the operating hours, number of students, and Planning Commission Staff Report -Page 5 15525 Union Avenue/U-15-013 January 13 , 2016 staff and/or trainers 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 Town Code. D. General Plan 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. E. 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. PUBLIC COMMENTS : At this time, the Town has not received any public comment. CONCLUSION AND RECOMMENDATION : A . Conclusion Staff has recommended conditions of approval regarding the maximum number of students, staff and/or trainers , and operating hours. The site has adequate parking to accommodate the proposed use. The proposed use would close by 9 :00p.m . each day. The proposed use is in conformance with Town Code and is consistent with the General Plan. Planning Commission Staff Report -Page 6 15525 Union Avenue/U-15-013 January 13 , 2016 B. Recommendation Staff recommends approval of the proposed project. If the deciding body concurs with staffs recommendation, 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 required findings as required by Section 29.20.190 ofthe Town Code for granting approval of a Conditional Use Permit (Exhibit 2); and 3. Approve Conditional Use Permit application U-15-013 with the conditions contained in Exhibit 3. If the Commission has concerns with the proposed use, 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. Deny the application. Jo e yn Puga Assistant Planner JSP:JGP:sr proved by: oel Paulson, AICP terim Community Development Director cc: Michelle Morris, JM Power Group Inc . (D.B.A. CycleBar), PO Box 5880, San Jose, CA 95150 DS Downing LP, a Delaware limited partnership, 200 E. Baker Street Suite 100, Costa Mesa, CA 92626 N :\DEV\PC REPORTS\20 16\Union 155 25.docx GATOS -ALMADEN RD 1 5525 U nio n Ave nu e ~ z 1---~ 0 z r--~-+~+-~~r-4--1 :::> HER a::: a::: 1----+-----l Ot---+---n t---t----t 0 ~1--+---il t---4-----i CJj ~ <t: o t---+----11 t---f----i ~ I t--+----11 0 1----t-----l I t---t----i 1- EXHIBIT 1 This Page Intentionally Left Blank PLANNING COMMISSION -January 13,2016 REQUIRED FINDINGS FOR: 15525 Union A venue Conditional Use Permit U-15-013 Requesting approval for a new fitness studio (CycleBar) with group exercise classes on property zoned C-1. APN 523-41-036. PROPERTY OWNER: DS Downing LP, a Delaware limited partnership APPLICANT: Michelle Morris, JM Power Group, Inc. (D.B.A. CycleBar) FINDINGS Required fmding for CEQA: • The project is Categorically Exempt pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. Required fmdings for a Conditional Use Permit: • As required by Section 29.20.190 ofthe 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 in that it provides a healthy indoor cycling studio for members of the community to exercise and socialize; and (2) The proposed use would not impair the integrity and character of the zone in that the proposed use is a commercial use and would be located in a commercial zone; and (3) The proposed use would not be detrimental to public health, safety, or general welfare in that the conditions regarding the operating hours, number of students, and 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 the purposes of the Town Code. N:\DEV\FINDINGS\20 16\Unionl5525.docx EXHIBIT 2 This Page Intentionally Left Blank PLANNING COMMISSION-January 13, 2016 CONDITIONS OF APPROVAL 15525 Union A venue Conditional Use Permit U-15-013 Requesting approval for a new fitness studio (CycleBar) with group exercise classes on property zoned C-1. APN 523-41-036. PROPERTY OWNER: DS Downing LP, a Delaware limited partnership APPLICANT: Michelle Morris, JM Power Group, Inc. (D.B.A. CycleBar) 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 by the Town on December 11, 2015. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, 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 50. 5. NUMBER OF STAFF/INSTRUCTORS: The maximum number of staff/instructors onsite at any given time is limited to four. 6. HOURS OF OPERATION: Maximum hours of operation are 5:30a.m. to 9:00p.m., seven days a week. 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. Building Division 11. 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. EXHIB IT 3 12. CONDITIONS OF APROVAL : 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. 13. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ". 14. 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. 15. TITLE 24 ACCESSIBILITY-COMMERCIAL: 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 7b. 16. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development Department -Planning Division : Jocelyn Puga at (408) 354- 6875 b. Santa Clara County Fire Department: ( 408) 3 78-4010 c. West Valley Sanitation District: (408) 378-2407 (for sanitary drainage system alterations). 17. 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 JJB-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 JJB-236 . b. Where the cost of alterations or remodeling is less than a threshold amount (currently at $147,863.00) 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 up 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.l os gatosca.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. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 18. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. 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 developer'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 developer's expense. 19. 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 . 20. ENCROACHMENT PERMIT: Any 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/developer 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. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing any permit. 21. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because ofthe developer'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. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 22. 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. 23. PARKING : Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 24. 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. 25. CONSTRUCTION NOISE: Between the hours of8:00 a.m. to 8:00p.m., weekdays and 9:00a.m. to 7:00p.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. 26. 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, site security fencing, employee parking, materials storage area(s) and proposed outhouse locations, as applicable. 27. 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. Sanitary Sewer Clean-out is required for each property at the property line or location specify by the Town. 28 . 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. 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 developer'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 developer's expense. 29. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 30. FIRE SPRINKLERS: The existing building is equipped with a fire sprinkler system that may require modification to accommodate an interior remodel. 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. NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. CFC Sec. 903.2 as adopted and amended by LGTC . 31 . WATER SUPPLY REQUIREMENTS : Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903 .3.5 and Health and Safety Code 13114.7. 32. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specifications SI- 7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 33. 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 contract with their background. Where required by the 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 (1 01.6 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. Address numbers shall be maintained. CFC Sec. 505 .1. N :\DEV\CONDITNS\20 16\Union 15525.docx This Page Intentionally Left Blank (3c Y C LE BAR RECE~VED NOV ·1 8 2015 TOWN OF LOS GATOS f=>LAt\'N!~G D!VlSION November 17, 2015 Town of Los Gatos Community Development Department 110 E . Main Street Los Gatos, CA 95030 Re: CycleBar® 15525 Union Avenue CUP Subject: Updated Letter of Justification Dear Ladies &/or Gentlemen Cycle Bar is a boutique fitness studio specializing in indoor cycling. Our mission is simple: THE CYCLEBAR MISS ION IS S IMPLE • Create a fun and accessible experience for indoor cyclists and exercise enthusiasts of all ages and fitness levels. • Deliver concierge-level service and premium amenities . • Hire and retain the very best people from the community. • Ensure each CycleBar ride is an unparalleled, multi-sensory fitness experience . With more than 150 new franchise locations in development since March 2015 , CycleBar is one of the fastest growing boutique fitness franchises in America today. Summary of Opportunity : We request the approval for a Conditional Use Permit for 15525 Union Ave , Los Gatos Suite A8 (The Downing Center) for the following reasons : 1 . CycleBar offers the following to the community: EXHIBIT 4 CycleBar -P.O . Box 5880-San Jose-Cal ifo rn ia-95150-408.430 .6269 • We will deliver a fun, safe and healthy indoor cycling stud io for members of the community to exercise and socialize . • The proposed use will not impair the integrity or character of the zone. • The proposed use will not be detrimental to public heath, safety or general welfare and the proposed use of the property is in harmony with the various elements of objectives of the general plan the purposes of this chapter. 2. Breakdown of Lease Space: We request to be provided with a CUP for 15525 Union Ave , Los Gatos , CA. Included, please find a floor plan for your review, outlining our proposed layout of the 1972 sq . ft . space . 3. Hours of Operation: The hours of operation are planned to be as follows: • Monday-Sunday classes will be from 5:30a.m .-12:00 p.m. and then classes will run again from 4:00 p.m . -9 :00 p.m . • The studio will typically be closed from 12:00 p.m.-4 :00 p.m. but may occasionally be staffed with 1-2 employees to handle customer inquiries • We will typically not have classes in the 12:00 p .m .-4:00p.m. timeframe • On occasion CycleBar will host charity rides in the 12 :00 p.m .- 4:00 p.m. slot of the day. • The maximum number of employees and trainers on site will normally be 3-4 • The maximum number of clients will be 50 Deliveries: • Deliveries will be very low volume, approximately once a month , through the front door, during normal operating hours . 4. Parking : The Downey Center has approximately 352 spaces. 5. Total Clients -maximum 50 CycleBar-P.O . Box 5880-San Jose-Cal ifornia-95150 -408.430 .6269 6 . Justificat ion for Approval : The Town of Los Gatos will benefit from the approval of our requested Conditional Use Permit for several reasons , namely: We De live r Fitness fo r Eve ry one -We will offer several different classes for all fitness levels and types. We G ive B ack -Cycle Bar is proud to give back through our CycleGiving™ platform . We will host several charity rides per month and look forward to giving back to the community we are a part of. Please contact us with any questions . Respectfully submitted, Julie Pfaff JM Power Group, Inc. julie.pfaff@cyclebar.com 408-439-6269 Michelle Morris JM Power Group, Inc. michelle.morris@cyclebar.com 408-802-8253 CycleBar-P .O. Box 588 0-San J ose -Ca lifornia-95150 -4 08.43 0 .6269 This Page Intentionally Left Blank (3 c Y C lEB A R Descript ion of Proje ct November 17, 2015 Michelle Morris & Julie Pfaff JM Power Group Inc. d/b/a Cyclebar PO Box 5880, San Jose CA 95150-5880 Based on Due Diligence report created by CDS: CDS -Consolidated Development Services 14901 Quorum Dr. Suite 310 Dallas, TX 75254 (972) 850-0816 Project Brief REC~iVED NOV 1 8 2015 TOWN OF LOS GATOS PLANN ING DIVISION • This project is a 1,972SF space located in Downing Center Shopping Center, Los Gatos, CA. Previous use was a liquor store -Old Oak Bottle Shop. It closed in 2011 . • Proposed use is CycleBar-a boutique fitness studio specializing in indoor cycling . • The Landlord has demolished the previous tenant's finishes and the space is ready for the new tenant to begin work inside as soon as permits are available . • The included drawing of the preliminary CycleBar floorplan shows the front entrance, retail space, the cycle studio with OJ booth, and restrooms. • Please note that the OJ booth is more aesthetic and simply the area where the sound system will be housed . Top of the line soundproofing will be implemented in the cycle studio. • The retail space will sell CycleBar branded clothing and accessories. As Built-Building • Roof Insulation • The existing building has R30 roof insulation at the underside of the roof deck. Roof access • The building has a roof ladder mounted to the back side of the building behind this lease space. Demising Wall s • The space is an end-cap with only 1 demising wall. The landlord has installed a 6 " metal stud wall with no insulation or drywall. • It will be the Tenants responsibility to install the wall insulation and Sheetrock on the tenant's side of the wall. The existing perimeter walls have R 19 and have sheetrock to the deck but they have had previous EXHIBIT 5 finishes removed and will require some additional patchwork to be ready for new finishes. Storefront • The existing storefront is in good condition and had no apparent damage at the time of our survey. The existing front and side doors are to remain in their current location. We do not anticipate needing to make any modifications to the storefront and therefore there should be no additional cost to consider. Floor Slab • The existing slab is in good condition and we did not see any deficiencies in the slab at the time of our survey. We do not anticipate any added cost for slab repairs for this project. Demolition of Space • The space was previously demolished by the landlord and the new toilet room locating is being utilized as a utility room in the proposed floor plan . Interior deck height to be at least 16' • The interior deck height varies with the tall point at the mid-span of the space at about 15' -5 ' and the front and rear deck at about 11 '-11 ". There are three glue laminated beams running from front to back that are at 9 '- 11 ". Trash/Service Yard • The shopping center has an existing shared trash dumpster enclosure in the parking lot in front of the space . HVAC • This space has 2 existing 4 ton HVAC units mounted on the roof that provide 4 tons of capacity each . One unit was manufactured in November of 2013 the other unit was manufactured in September of 2014. Both units are in good condition and should be utilized for the new Cyclebar space. However, in order to provide adequate capacity for the cycle theater an additional 7 W ton 2 stage unit will need to be added. This additional unit will be at the tenants cost. Asbestos/Contam ination • Given the age of the building we do not suspect asbestos contamination in the existing materials . .. c Y c L e B A R The Downing Center -Los Gatos CycleBar is an end unit. The front faces Union Ave and the side faces Los Gatos/Almaden Blvd. CycleBar is adjacent to Jersey Mike's Subs. RECEtVFD DEC 11 2015 TOVVN OF LOS GATOS PLA t\:IXI~G D!VIS!ON EXHIBIT 6 ·I'•" CycleBa r Los Gatos Proposed Floorplan-Downing Center / \ \ \ \ \ \ / I / \ \ \ \ I \ \ / ;.. ... ' •; •• ~'-1" " )\ .{\ '\' ',') / ~~~j ~I ~~~ 4'-?" -=i~ ·----··· --T 7\/ .\\p· ':. 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