2012-066 - 41 N. Santa Cruz Avenue - A&Site Application S-12-023 CUP Application U-12-016RESOLUTION 2012 -066
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF ARCHITECTURE AND SITE APPLICATION S -12 -023
AND CONDITIONAL USE PERMIT APPLICATION U -12 -016.
APN: 510 -44 -031
PROPERTY LOCATION: 41 N. SANTA CRUZ AVENUE
PROPERTY OWNER: THREE SISTERS, LLC
APPLICANT: GARY KOHLSAAT
WHEREAS, this matter was considered by the Town Council at a public hearing on
December 3, 2012, and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant requested approval of an Architecture and Site application for
exterior modifications and renovation of the Los Gatos Theater building; and of a Conditional
Use Permit (CUP) to modify an existing CUP to allow special events with full alcoholic
beverage service on property zoned C -2.
WHEREAS, on November 14, 2012, the Planning Commission considered the A &S and
CUP applications and recommended approval with modified conditions of approval, finding that
the proposed uses are desirable to the public in that the renovation of the theater will continue to
provide a desirable entertainment use to the community, and a new retail space and a venue for
special events will be added; the uses will not impair the integrity of the zone in that the theater
use is a continuing commercial operation that has been in this location since 1916, the ownership
group is adding a venue for special events and a new retail space, and theater patrons may
support other Downtown restaurants and businesses; the uses will not be detrimental to public
health, safety, or welfare in that appropriate conditions of approval have been included and
special events will be subject to provisions of the Alcoholic Beverage Policy; and the uses are in
harmony with the elements and objectives of the General Plan and Town Code as discussed in
the November 14, 2012, Planning Commission report.
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WHEREAS, Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
its meeting on December 3, 2012, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, the Town Council finds as follows:
A. Pursuant to Town Code section 29.20.190, the request for a CUP is desirable to
the public convenience; will not impair the integrity and character of the zone; will not be
detrimental to public health, safety or general welfare; and is in harmony with the various
elements or objectives of the General Plan and the purposes of the Town Code. These findings
are based on the evidence presented in the Council Agenda Report for its meeting on December
3, 2012, and incorporates the findings made by the Planning Commission on November 14,
2012.
B. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED:
1. A &S application S -12 -023 for exterior modifications and the renovation of the
Los Gatos Theater is approved; and
2. CUP application U -12 -016 to modify an existing CUP to allow special events
with full alcoholic beverage service on property zoned C -2 is granted.
3. The Conditions of Approval attached hereto as Exhibit A and B are hereby
adopted as the Conditions of Approval for these approvals.
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4. 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 3`d day of December, 2012, by the following vote:
COUNCIL MEMBERS:
AYES:Diane McNutt, Joe Pirzynski, Steve Rice, and Mayor Barbara Spector
NAYS: Steven Leonardis
ABSENT:
ABSTAIN:
k- P)CI�C(
YOR O O0 LOS GATOS
3 GATOS, CALIFORNIA
ATTEST:
DEPUTY CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
TOWN COUNCIL — DECEMBER 3, 2012
CONDITIONS OF APPROVAL
41 N. Santa Cruz Avenue
Conditional Use Permit Application U -12 -016
Requesting approval to modify an existing conditional use permit to allow special events with
service of alcohol within an existing commercial building (Los Gatos Theater) on property zoned
C -2. APN 510 -44 -031.
PROPERTY OWNER: Three Sisters LLC
APPLICANT: Gary Kohlsaat, Architect
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 approved
plans. Any changes or modifications to the approved plans shall be approved by the
Community Development Director, the Historic Preservation Committee, the
Development Review Committee, the Planning Commission or Town Council, depending
on the scope of the changes.
2. EXPIRATION. The Conditional Use Permit will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the approval is used prior to
expiration.
3. APPROVED USE. The approval is for a two screen movie theater and a limited number
of special events with food and service of alcoholic beverages when requested. The
primary use of the building continues to be a movie theater showing feature length filers
(excluding X -rated films) in the main theater for at least 75% of all actual operating hours
and 300 days per year. Any use of the screening room or main theater for events such as
theatrical musicals or plays will constitute a special event, with the exception of
elementary and secondary school theatrical and musical rehearsals and performances
where alcoholic beverages are not served.
4. SPECIAL EVENTS. Special events may be held up to ten times per month, excluding
elementary and secondary school theatrical productions and rehearsals without alcoholic
beverage service. Special events shall typically be less than six hours in length and shall
be counted as one event for every six hours or increment thereof (for example an eight
hour special event will count as two special events for that month). Special events
include movie screenings, streaming of television broadcasts such as the Kentucky
Derby, non -profit or school fundraisers, private celebrations, corporate meetings and
award ceremonies. Aside from plays and theatrical musicals, no other form of live or
musical entertainment is permitted including a DJ. If the operator wishes to add other
forms of live entertainment in the future, application may be made following adoption of
an Entertainment Policy by the Town Council.
5. OPERATIONAL AGREEMENT. Prior to the issuance of any building permits or the
initiation of any operational changes permitted under this approval, the applicant shall
enter into an operations agreement with the Town guaranteeing the performance of the
business per the representations of the application in observance of the conditions of
approval. Said agreement shall be subject to approval of the Chief of Police, the Director
of Community Development Department, and the Town Attorney.
6. SEATING. The maximum seating for patrons of the theater is 388 inclusive of the main
theater, screening room, outdoor balcony and other public areas of the building. The 388
seats includes up to 94 seats on the second floor, inclusive of the screening room, lounge
and outdoor balcony.
7. HOURS OF OPERATION. Maximum hours of operation shall be from 9:00 a.m. to 2:00
a.m., seven days per week. Alcoholic beverage service, when provided, is only allowed
between the hours of 12:00 p.m. and 11:00 p.m., Sunday through Thursday; and from
12:00 p.m. to 12:00 a.m., Friday and Saturday, holidays, and evenings before holidays.
Maximum hours of operation for the outdoor balcony shall be from 9:00 a.m. to 11:00
p.m. Sunday through Thursday; and from 9:00 a.m. to 12:00 p.m. Friday and Saturday,
holidays, and evenings before holidays.
8. SPECIAL EVENTS, Special events may be held no more than 10 times per month
during hours of operation specified above. Special events may be held in the screening
room and outdoor balcony and /or the main theater.
9, ALCOLHOLIC BEVERAGE SERVICE. Alcoholic beverages may be served with food
only during special events in the second floor screening room. Alcoholic beverages may
not be sold or provided to the public or movie theater patrons who are not attending a
special event. Special events in the main theater may not include service of alcoholic
beverages rmless approved in advance by the Police Department and service of alcohol is
restricted to the hours stated above.
10. MOVIES AFTER 10:00 P.M. For movies shown after 10:00 p.m. the management must
do the following which shall be incorporated in the Operational Agreement:
a. Prevent patrons from bringing alcoholic beverages and drugs into the theater and
to prevent alcoholic beverages from being consumed outside the second floor
screening room.
b. Patrol the inside of the theater during the show to keep order and prevent the use
of drugs and alcohol.
C. Patrol the line of patrons waiting to enter the theater to keep order and prevent the
use of drugs and alcohol.
11. PUBLIC NOTICE. A notice shall be visibly posted at the ticket booth notifying patrons
that activities such as excessive noise, littering, and the use of drugs and alcohol will not
be tolerated.
12. ONE YEAR REVIEW. The Planning Commission shall review the Conditional Use
Permit within one year fi-om final occupancy to evaluate the success of the conditions of
approval, any compliance matters and to determine if modifications to the conditions are
needed. This review shall be noticed as a public hearing.
13. MONITORING. A monthly schedule of special events shall be provided to Town staff
upon request of the Town.
14. OUTDOOR BALCONY. A bar shall not be set up on the outdoor balcony during special
events. No smoking shall be allowed on the outdoor balcony.
TO THE SATISFACTION OF THE POLICE CHIEF:
15. UNIFORMED SECURITY. Private uniformed security guards may be required in or
around the premises as directed by the Police Chief.
16. SPECIAL EVENTS. The operator shall provide notice to the Police Department at least
14 days in advance of a special event to ensure that adequate security measures and other
related measures including traffic control are provided and implemented during the event.
Details such as the type of event, maximum attendance, hours, and any information
relative to public safety requested by the Police Department shall be provided when
notice is given.
17. CONSULTATION AND TRAINING. The operator shall provide ABC LEAD training
for all employees involved with special events on a yearly basis. Training that qualifies
the employee for up to two years is acceptable. Within six months of the date of this
approval the operator shall meet with the Los Gatos Police Department for the purpose of
employee training on licensed service of alcoholic beverages to the public. If it is
determined that there are problems connected with the service of alcoholic beverages, the
problem(s) must be resolved in a time frame acceptable to the Police Chief.
18. TRAINING MANUAL. The operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
19. DESIGNATED DRIVER PROGRAM. The operator shall have and actively promote a
designated driver program such as complementary non - alcoholic beverages for
designated drivers.
20. POSTING OF TAXICAB TELEPHONE NUMBERS. Taxicab phone numbers shall be
posted in a visible location.
21. SAFETY AND SECURITY. The Police Chief maintains the authority to modify the
safety and security measures and conditions to address any impacts that result from, or
are associated with special events. The operator is responsible for the cost of any
required security measures including hiring of off -duty police officers or security guards,
or sharing a proportional cost to offset the need for additional on -duty staffing.
22. VIDEO MONITORING. The operator shall work with the Police Department and shall
install a video monitoring recording system in the screening room.
N.\DEV\CONDr[WS12012INSC41- CUP- .v.doc
TOWN COUNCIL — DECENIBER 3, 2012
CONDITIONS OF APPROVAL
41 N. Santa Cruz Avenue
Architecture and Site Application S -12 -023
Requesting approval of exterior modifications to an existing commercial building (Los Gatos
Theater) on property zoned C -2. APN 510 -44 -031.
PROPERTY OWNER: Three Sisters LLC
APPLICANT: Gary Kohlsaat, Architect
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
PlanningDivislon
1. APPROVAL. This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the approved
plans. Any changes or modifications to the approved plans shall be approved by the
Community Development Director, the Historic Preservation Committee, the
Development Review Committee or the Planning Commission, depending on the scope
of the changes.
2. EXPIRATION. The Architecture and Site approval will expire two years from the
approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is
used prior to expiration.
3. 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.
4. ART DECO TILE. The final design of the art deco tile shall be reviewed by the Historic
Preservation Committee prior to installation.
5. EXTERIOR LIGHTING. Uplights shall not be installed in the cornice projections.
BulklingDivtslon
6. PERMITS REQUIRED. A building permit is required for the renovation of the theater.
Separate permits are required for electrical, mechanical and plumbing work as necessary.
T 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.
8. SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36."
9. NPDES C -3 DATA FORM. A copy of the NPDES C.3 Data Form (updated based on
final construction drawings) must be blue -lined on the plans. In the event that this differs
significantly fiom any Planning approvals, the Town may require recertification of the
project's storm water treatment facilities prior to issuance of the building permit.
10. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CF-
1R, MF -1R, and WS -5R must be blue -lined on the plans.
11. PLANS. The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer (Business and Professionals Code Section 5538).
12. SPECIAL INSPECTIONS. When a special inspection is required by CDC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
Tate Town Special Inspection form must be completely filled -out, signed by all requested
parties, and be blue -lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or at www.losgatosca.govlbuilding.
13. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program sheet (or 24x36 Clean Bay sheet)
shall be part of the plan submittal as the second page. The specification sheet is available
at the Building Division Counter for a fee. of $2 or at San Jose Blue Print for a fee.
14. MARQUEE. If the marquee is rebuilt or replaced, in order to be in compliance with
Chapter 32 of the 2010 California Building Code, "Encroachments into the Public Right -
of- Way", marquees with less than 15 feet clearance above the sidewalk shall not extend
into or occupy more than two - thirds the width of the sidewalk measured from the
building. Option: If the existing marquee is altered, modified, or added on to, per Section
3403.1 of the 2010 California Building Code, "Alterations to the existing building or
structure shall be made to ensure that the existing building or structure together with the
addition are no less conforming with the provisions of the code than the existing building
or structure was prior to the addition ` Drainage water collected from the marquee shall
not flow over a public walking surface.
15. BALCONY. Since the balcony portion of the marquee is a new architectural feature, per
Section 3202.3.2 of the California Building Code, the maximum encroachment of the
balcony portion of the marquee in to the public right -of -way shall be four feet. Per CBC
Section 3404.3, "Any existing gravity load - carrying structural element for which an
alteration causes an increase in design gravity load of more than five percent shall be
strengthened, supplemented, replaced or otherwise altered as needed to carry the
increased gravity load required by this code for new structures."
16. APPROVALS REQUIRED. The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development - Planning Division: Suzanne Avila 408 -354 -6875
b. Engineering/Parks & Public Works Department: Mazier Bozorginia 408- 395 -3460
C. Santa Clara County Fire Department: 408 - 378 -4010
d. West Valley Sanitation District: 408-378-2407
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
17. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conforn
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 a special permit is issued. The developer's
representative in charge shall be at the job site dinning 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.
13. 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/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not
limited to, Pacific Gas and Electric (PG &E), SBC, 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 of any permit.
19. PUBLIC WORKS INSPECTIONS. The developer or representative shall notify the
Engineering Inspector at least 24 -hours before starting any work pertaining to on -site
drainage facilities. Grading or paving, and all work in the public right -of -way. Failure to
do so will result in rejection of work that went on without an inspection.
20. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of 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. 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.
21. SITE SUPERVISION. The general contractor shall provide qualified supervision on the
job site at all times during construction.
22. STREET /SIDEWALK CLOSURE. Any proposed blockage or partial closure of the
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. DESIGN CHANGES. Any proposed change(s) to the approved plans is /are subject to
approval of the Town prior to start of altered work. The project engineer shall notify the
Town Engineer in writing at least 72 hours in advance of proposed changes. Any
approved changes shall be incorporated in the "as- built" plans.
24. PARKING. Any proposed parking restriction must be approved by the Town of Los
Gatos Community Development Department.
25. FRONTAGE IMPROVEMENTS. The applicant shall improve the project's public
frontage to current Town standards. These improvements may include but are not limited
to, curb, gutter, sidewalk, curb ramps, street lighting (upgrade or repaint), etc.
26. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the 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.
27. SIDEWALK. The developer shall replace the existing sidewalk with Villa Hermosa style
sidewalk. Sidewalk shall be constructed per Town requirements and standards ST -224
and ST -225. An encroachment permit is required for the work.
28. TRAFFIC IMPROVEMENTS, To be determined by the Traffic Engineer.
29. 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.
30. 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. 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.
31. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be 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 shall be installed at the property line or alternate
location specified by the Town.
32. 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 Administrative (Sec. 6.50.025).
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 section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
33. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed 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 a special 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 a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours. Failure to maintain the public night -of -way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
34. FIRE SUPPRESSION AND ALARM SYSTEMS. Interior remodel work may affect the
existing fire suppression and /or alarm systems. A State of California licensed (C -16) Fire
Protection and Fire Alarm Contractor (C -10) shall submit plans, calculations, completed
permit application and appropriate fees to the Fire Department for review and approval
prior to start of work.
35. PREMISE IDENTIFICATION. Approved addresses shall be placed on all tenant spaces
so they are clearly visible and legible from North Santa Cruz Avenue. Numbers shall be
a minimum of four inches high and shall contrast with their background.
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