2016-039 - Grant appeal for SoulCycle 212-216 N Santa Cruz AveRESOLUTION 2016 -039
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION DENYING A REQUEST FOR APPROVAL OF EXTERIOR
MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING
AND TO OPERATE A NEW FITNESS STUDIO ( SOULCYCLE)
WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C -2
APN: 529 -04 -085
ARCHITECTURE AND SITE APPLICATION: 5 -16 -002
CONDITIONAL USE PERMIT APPLICATION U -16 -001
PROPERTY LOCATION: 212 -216 N. SANTA CRUZ AVENUE
APPLICANT /APPELLANT: PAUL FUSCO, SOULCYCLE
PROPERTY OWNER: MCCARTHY SANTA CRUZ AVE, LLC
WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and
considered a request for approval of exterior modifications to an existing commercial building
and to operate a new fitness studio (SoulCycle) with group exercise classes on property zoned C-
2. The Planning Commission denied the Architecture and Site Application and Conditional Use
Permit Applications.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the request for approval of exterior modifications to an existing
commercial building and approval for a new fitness studio (SoulCycle) with group exercise
classes.
WHEREAS, this matter came before the Town Council for a public hearing on June 21,
2016, and was regularly noticed in conformance with State and Town law.
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Resolution 2016 -039 June 21, 2016
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of materials contained in the Council Agenda Report for
their meeting on June 21, 2016, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. In accordance with Town Code section 29.20.300:
1. An issue or policy over which the Commission did not have discretion to
modify or address, but which is vested in the Council for modification or
decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request for
approval of exterior modifications to an existing commercial building and to operate a new
fitness studio (SoulCycle) with group exercise classes on property zoned C -2 is granted.
2. The Town Council hereby adopts all findings and conditions of approval set forth
in the documents attached as Exhibits A and B.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by state and federal Law.
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Resolution 2016 -039 June 21, 2016
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 21" day of June, 2016 by the following vote:
COUNCIL MEMBERS
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS: None
ABSENT: None
ABSTAIN: None
D:
v�
MAYOR OF THE TOWN OF LOS GATOS
LOS ATOS, CALIFORNIA
DATE: L
ATTEST:
Tk6o
CLERK ADMINIStkATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
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Resolution 2016 -039 June 21, 2016
REQUIRED FINDINGS FOR — June 21, 2016
212 -216 N. Santa Cruz Avenue
Conditional Use Permit Application U -16 -001
Requesting approval of exterior modifications to an existing commercial building and
approval for a new fitness studio (SoulCycle) with group exercise classes on property zoned
C -2. APN 529 -04 -085.
PROPERTY OWNER: McCarthy Santa Cruz Ave, LLC
APPLICANT: Paul Fusco, SoulCycle
FINDINGS:
Required 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.
Required findings for a Conditional 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 a healthy indoor cycling studio for members of the
community to exercise and socialize; and
(2) The proposed use will not impair the integrity and character of the zone because it will be
complementary to the surrounding commercial uses, contributing to a variety of
consumer services in the Central Business District; and
(3) The proposed use would not be detrimental to public health, safety, or general welfare,
and the conditions regarding the operating hours, number of students, 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 Town Code.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
■ That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under general commercial uses.
EXHIBIT A
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Resolution 2016 -039 June 21, 2016
CONDITIONS OF APPROVAL — June 21,1016
212 -216 N. Santa Cruz Avenue
Architecture and Site Application S -16 -002
Conditional Use Permit Application U -16 -001
Requesting approval of exterior modifications to an existing commercial building and
approval for a new fitness studio (SoulCycle) with group exercise classes on property zoned
C -2. APN 529 -04 -085.
PROPERTY OWNER: McCarthy Santa Cruz Ave, LLC
APPLICANT: Luba Senatorova
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC or the Planning Commission, or Town Council depending on the scope of
the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. USE: The approved use is for group fitness classes.
4. NUMBER OF STUDENTS: The maximum number of students is limited to 57.
5. NUMBER OF INSTRUCTORS: The maximum number of instructors on -site at any given
time is limited to five.
6. INTERVALS: There shall be 30 minute intervals between classes during the peak hours of
11 a.m. to 4 p.m.
7. HOURS OF OPERATION: Maximum hours of operation are 5:30 a.m. to 10:00 p.m.
Monday through Friday and 7:00 a.m. to 9:00 p.m. Saturday and Sunday.
8. REVIEW: The Planning Commission shall review the CUP six months from final
occupancy to review the application's compliance with the conditions of approval.
9. MARKETING: The applicant shall submit in writing to staff marketing ideas to encourage
customers to carpool, walk, or bike to classes.
10. NEIGHBORHOOD OUTREACH: The applicant shall proactively work their neighbors
and identify a point of contact for neighbors to contact regarding issues or concerns.
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. 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.
13. 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.
14. 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,
EXHIBIT B
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Resolution 2016 -039 June 21, 2016
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.
15. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard
Town practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
Building Division
16. 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.
17. 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.
18. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
19. 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.
20. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements,
on -site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. The building shall be upgraded to comply
with the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated and then confirmed by Town staff. See Advisory Comment 10.b.
21. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jocelyn Puga (408) 354 -6875
b. Santa Clara County Fire Department: (408) 378 -4010
c. West Valley Sanitation District: (408) 378 -2407 (for sanitary drainage system
alterations).
22. 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 JIB -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 JIB -236.
b. Where the cost of alterations or remodeling is less than a threshold amount (currently
at $150,244.00) and the cost to provide all those features listed above is
disproportionate to the improvement costs (i.e. more than 20% of the budget), then the
Owner is only required to provide disabled access upgrades to 20% of the budget cost
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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.los atg osca.gov and completely fill it out showing all the required
upgrades that will be provided and their costs. This form must be permanently affixed
(i.e. blue - lined, sticky- backed) to the plans.
c. Exiting and Occupant Load shall be in strict compliance with California Building
Code Chapter 10.
d. Maintain a minimum aisle width of 36 inches.
e. At the ramp landing outside the cycle exercise room, the handrails for the step down
would need to extend 23 inches out toward the lockers and could prove to be an
obstruction to walking in this area. Consider having the step down toward the front
retail area.
f. It appears that there may be a small Snack Shop in the front retail area. Depending on
what is provided, clearance may be required from the Santa Clara County
Environmental Health Department at (408) 918 -3400.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
23. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept
clear of all job - related dirt and debris at the end of the day. Dirt and debris shall not be
washed into storm drainage facilities. The storing of goods and materials on the sidewalk
and/or the street will not be allowed unless an encroachment permit is issued. The
Applicant's representative in charge shall be at the job site during all working hours.
Failure to maintain the public right -of -way according to this condition may result in the
Town performing the required maintenance at the Applicant's expense.
24. 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.
25. 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.
26. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the Applicant to obtain any necessary encroachment
permits from affected agencies and private parties, including but not limited to, Pacific Gas
and Electric (PG &E), AT &T, Comcast, Santa Clara Valley Water District, California
Department of Transportation (Caltrans). Copies of any approvals or permits must be
submitted to the Town Engineering Division of the Parks and Public Works Department
prior to releasing any permit.
27. PUBLIC WORKS INSPECTIONS: The Applicant or their representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to
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on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
28. 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.
29. 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.
30. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the
issuance of any Permit.
31. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
32. SIDEWALK REPAIR: The Applicant shall repair and replace to existing Town standards
any Villa Hermosa style sidewalk damaged now or during construction of this project. All
new and existing adjacent infrastructure must meet current ADA standards. Villa Hermosa
style sidewalk repair shall match existing color, texture and design, and shall be
constructed per Town Standard Details. New concrete shall be free of stamps, logos,
names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be
removed and replaced at the Contractor's sole expense and no additional compensation
shall be allowed therefore. The limits of sidewalk repair will be determined by the
Engineering Construction Inspector during the construction phase of the project. The
improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
33. 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.
34. 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
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the Town Engineer.
35. 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.
36. 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.
37. 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.
38. 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.
39. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Building Official. The Town shall not
incur any liability or responsibility for damage resulting from a sewer overflow where the
property owner or other person has failed to install a backwater valve as defined in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District's decision on whether a
backwater device is needed shall be provided prior to the issuance of a building permit.
40. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right -of -way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
41. 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
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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.
42. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
43. FIRE SPRINKLERS: Plans indicate the building is equipped with fire sprinklers. If this is
the case, a separate review must be conducted by this office to ensure that the remodel will
not affect the performance of the system. A State of California licensed (C -16) Fire
Protection Contractor shall submit plans, calculations, a completed permit application and
appropriate fees to this department for review and approval prior to beginning their work.
CFC Sec. 903.2 as adopted and amended by LGTC
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