Item 4 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – July 10, 2019
CONDITIONS OF APPROVAL
66 E Main Street
Conditional Use Permit Application U-19-006
Requesting approval for group classes on property zoned C-2.
APN 529-29-049.
PROPERTY OWNER: Jane Thomas Living Trust
APPLICANT: Alex Anderson
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC or the Planning Commission 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 group classes.
5.HOURS OF OPERATION: Maximum hours of operation are 5:00 a.m. to 10:00 p.m.
(Monday through Sunday).
6.NUMBER OF STUDENTS: The maximum number of customers/students/participants is
limited to 48.
7.NUMBER OF STAFF: The maximum number of staff is limited to six.
8.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.
9.CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be
obtained prior to commencement of use.
10.TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
11.COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
EXHIBIT 3
Building Division
12.The maximum occupant loads at each building is limited to the occupant loads listed on
the approved CUP plans per CBC Section 1004.1.2, Exception. Maximum building
occupancy signs to be posted at the main exit at each building per CBC 1004.3
13.Storage areas to be posted as “Employee Only” areas.
14.Prior to building occupancy and use, the project applicant/tenant shall schedule a
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
15.GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction 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 by the Engineering Division of the Parks and
Public Works Department. The Owner, Applicant and/or 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 issuance of correction notices,
citations, or stop work orders and the Town performing the required maintenance at the
Owner, Applicant and/or Developer's expense.
16.APPROVAL: This application shall be completed in accordance with all 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.
17.RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or
their representative shall repair or replace all existing improvements not designated for
removal that are damaged or removed because of the Owner, Applicant and/or Developer
or their representative'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 restoration of all improvements identified by the
Engineering Construction Inspector shall be completed before the issuance of a certificate
of occupancy. The Owner, Applicant and/or Developer or their representative shall
request a walk-through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
18.DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The
Owner, Applicant and/or Developer’s project engineer shall notify, in writing, the Town
Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any
approved changes shall be incorporated into the final “as-built” plans.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
19.FIRE ASSEMBLY PERMIT: A Fire Assembly Permit is required.
20.FIRE INSPECTION: Fire inspection required prior to occupancy.
21.SECOND EXIT: A second exit is required and shall be equipped with panic hardware.
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