4MEETING DATE: 12/03/12
ITEM NO: H
COUNCIL AGENDA REPORT
DATE: November 19, 2012
TO: MAYOR AND TOWN COUNCIL /
FROM: GREG LARSON, TOWN MANAGER / /G� �—✓
SUBJECT: ARCHITECTURE AND SITE APPLICATION S -12 -023, CONDITIONAL USE
PERMIT APPLICATION U -12 -016. PROJECT LOCATION: 41 N. SANTA
CRUZ AVENUE. PROPERTY OWNER: THREE SISTERS. LLC
APPLICANT: GARY KOHLSAAT, ARCHITECT. PROJECT PLANNER:
SUZANNE AVILA.
A. CONSIDER A REQUEST OF EXTERIOR MODIFICATIONS TO AN
EXISTING COMMERCIAL BUILDING (LOS GATOS THEATER);
AND
B. TO MODIFY AN EXISTING CONDITIONAL USE PERMIT WHICH
INCLUDES ALLOWING SPECIAL EVENTS WITH THE SERVICE OF
ALCOHOL ON PROPERTY ZONED C -2. APN 510 -44 -031.
RECOMMENDATION:
After opening and closing the public hearing, it is recommended the Town Council:
1. Make the required findings and considerations (Attachment 9) and approve Architecture
and Site application S -12 -023 and Conditional Use Permit U -12 -016 with modifications as
recommended by the Planning Commission; and
2. Adopt a Resolution of approval with recommended conditions for an Architecture and Site
(A &S) application for exterior modifications and a Conditional Use Permit (CUP)
application to allow special events with service of alcoholic beverages (Attachment 10).
ALTERNATIVES:
Alternatively, the Council may take one of the following actions:
• Approve the A &S and CUP applications subject to modified or additional conditions of
approval; or
• Continue the A &S and CUP applications to a date certain with specific direction; or
PREPARED BY: Todd Capurso, Acting Director of Community Development
Reviewed by: Assistant Town Manager & Town Attorney Finance
lor-
NiDEV1TC REPORTS120I2WSC41 -CUPAm Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 41 N. Santa Cruz Avenue /5 -12 -023, U -12 -016
November 19, 2012
• Remand the A &S and CUP applications to the Planning Commission with specific
direction (Attachment 11); or
• Deny the A &S and CUP applications, specifying which of the required findings cannot be
made (Attachment 12).
BACKGROUND
The Los Gatos Theater was originally constructed in 1916 as part of a building that also included
six stores. The Art Deco remodeling occurred following a 1929 fire in the theater. The windows
were covered either at that time or in 1948 when additional remodeling was done. The tile
wainscot is believed to have been added in 1948. The arched windows were re- opened around
1982. The theater was damaged in the 1989 Loma Prieta Earthquake and was closed
temporarily. Minor repairs and a Conditional Use Permit (CUP) for the theater use were
approved in late 1991. Exterior modifications included replacement of the tile wainscot, and the
current two screen floor plan was implemented at that time. A new ownership group purchased
the theater building in 2011 and has been working with Town staff on plans to renovate the
theater including upgrades to the interior and exterior of the building, and to modify the
Conditional Use Permit to allow special events.
DISCUSSION
A. Proiect Summary
The applicant is requesting approval of the following:
• Architecture and Site approval to modify the exterior of the Los Gatos Theater building,
including the addition of a second retail storefront and a balcony over the marquee. The
interior of the building is being reconfigured to create the retail space.
• Approval of modifications to the existing Conditional Use Permit to allow special events
to be held, including service of alcoholic beverages when requested, and service of
alcohol after 10:00 p.m.
A detailed project description is included in the November 14, 2012, Planning Commission
report (Attachment 5).
B. Service of Alcoholic Beverages
The Town's Policy Regulating the Consumption of and Service of Alcoholic Beverages
(Exhibit 15 to Attachment 5) states that the service of alcoholic beverages, with or
without meals, past 10:00 p.m. is a discretionary privilege to be determined on a case by
case basis. The applicant is requesting service of alcoholic beverages with or without
food service. There are two provisions in the Alcoholic Beverage Policy that are
applicable to the CUP application, as follows:
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 41 N. Santa Cruz Avenue /S -12 -023, U -12 -016
November 19, 2012
1. Applications for modifications to a conditional use permit shall not be allowed to
serve alcoholic beverages:
a. After 11:00 p.m. Sunday through Thursday, except for holidays and evenings
before holidays.
b. After 1:00 a.m. Friday, Saturday, holidays or evenings before holidays.
Alcoholic beverages will not be served after 11:00 p.m. Sunday through Thursday and
after 12:00 p.m. on Friday, Saturday, holidays or evenings before holidays.
The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past 10: 00 p.m.:
a. Late night service will not adversely impact adjacent residential neighborhoods.
b. The applicant does not have a history of complaints and non - compliance with
local ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
The Police Department has raised concerns about allowing another business with late
night alcohol service in the Downtown. Given the number of existing businesses and
venues with alcohol service in the vicinity, late night alcohol service and weekend special
events would have the highest potential to impact Police services. A condition has been
included to require an Operational Agreement. This agreement will allow the Police
Department to work directly with the ownership group, the theater operator, and special
events managers to establish a detailed business operation plan and to implement
appropriate measures for safety and security which reduces Police Department concerns.
Operational agreements have been done for other businesses such as the Los Gatos Bar
and Grill and provide the Police Department the ability to modify the agreement if the
operator changes or the business plan is modified.
C. Planning Commission
On October 10, 2012, the Planning Commission considered the A &S application for
exterior renovations to the building. The Commission indicated a preference to have both
applications heard together and continued the matter, directing the applicant to provide
more detail on proposed exterior lighting, the art deco tile and proposed LCD screens that
will replace the existing movie poster shadow boxes. The applicant submitted a revised
front elevation and additional lighting details, and presented samples of Art Deco tile and
the LCD screens at the November 14, 2012 Planning Commission meeting.
On November 14, 2012, the Commission considered the A &S and CUP applications.
The Commission forwarded a recommendation for approval of both applications with
modifications to the conditions for the CUP as follows (deleted text is shown with a
strikeout and new text is in bold type):
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 41 N. Santa Cruz Avenue /S -12 -023, U -12 -016
November 19, 2012
3. APPROVED USE. The approval is for a two screen movie theater and a limited
number of special events with eater-ed food and/4 service of alcoholic beverages
when requested. The primary use of the building continues to be a movie theater
showing new feature length films (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 pubhe 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 publie elementary and secondary school theatrical productions and
rehearsals without alcoholic beverage service. Special events shall typically be less
than €euF six hours in length and shall be counted as one event for every six hours
or increment thereof (for example an six 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.
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 balcony and/or the main theater.
9. ALCOLHOLIC BEVERAGE SERVICE. Alcoholic beverages may be served with
ereut 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 unless approved in advance by the
Police Department and service of alcohol is restricted to the hours stated above.
12. ONE YEAR REVIEW. Town staff shall review the Conditional Use Permit within
one year from final occupancy to determine if there are any problems associated
with the Permit and report their findings to the Planning Commission. The
Planning Commission may dir-eet dial shall hold a public hearing be to review
the permit as specified in Section 29.20.3 10 of the Town Code.
13. MONITORING. A monthly schedule of special events shall be provided to Town
staff upon request of the Town.
14. BALCONY. A bar shall not be set up on the balcony during special events.
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.
PAGES
MAYOR AND TOWN COUNCIL
SUBJECT: 41 N. Santa Cruz Avenue /S -12 -023, U -12 -016
November 19, 2012
The Commission questioned whether the LCD screens would require an exception to the
Commercial Design Guidelines which prohibits electronic signs. Staff conferred with the
Consulting Architect and determined that no exception is needed. The LCD screens will
be located within the entry vestibule and will not be directly facing the street and
sidewalk. The LCD screens are an upgrade that is being made to bring the theater to
current standards and the form and details of the Art Deco building will not be impacted.
Attachments 4 and 8 are verbatim transcripts of the two Planning Commission meetings.
D. Public Comment
The Planning Commission received public testimony from one resident and written
correspondence from two individuals (see Exhibit 9 of Attachment 3, Exhibit 16 of
Attachment 5 and Attachment 7 to this report).
A verbatim transcript of the November 14, 2012 Planning Commission hearing
(Attachment 8) includes the public testimony.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines as
adopted by the Town as it is involves interior and exterior modifications to an existing
commercial building with no expansion of floor area. The balcony that is being added over the
marquee is not considered floor area as it is not enclosed space.
CONCLUSION
When reviewing a Conditional Use Permit (CUP), the Town Council as 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 Council should review applications based
on the explicit use as opposed to the applicant or the applicant's business plan.
The proposed exterior modifications are in compliance with the Commercial Design Guidelines.
The renovation project will return the building to a true Art Deco style and will significantly
upgrade the exterior of the building. The exterior upgrades to the building will complement the
Downtown streetscape and surrounding buildings. The continued use of the building for a
theater and retail uses is consistent with the Central Los Gatos Redevelopment Plan and
compatible with the surrounding land uses.
The addition of special events with alcohol service will allow the theater to continue operation
and to be a viable use in the Downtown. It will provide a unique, intimate venue for smaller
scale special events. Events will be held during allowable operating hours and the cumulative
seating of 388 seats for the main theater and screening room will be considerably less than the
492 seats approved under the 1991 CUP. The service of alcohol will be allowed only in
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 41 N. Santa Cruz Avenue /S -12 -023, U -12 -016
November 19, 2012
conjunction with a special event and will not be made available to the public or movie patrons
that are not attending a special event. Conditions of approval have been included to protect
public health and welfare and to ensure that the operation does not negatively impact the
Downtown or surrounding residents and businesses. Staff recommends that the Town Council
take the actions outlined in the recommendation section of this report to approve the A &S and
CUP applications.
FISCAL IMPACT
None
ATTACHIyIENTS
1. October 24, 2012, Planning Commission report with Exhibits 1 -6 (Exhibit 7, development
plans excluded as plans are outdated)
2. October 24, 2012, Addendum to the staff report with Exhibit 8
3. October 24, 2012, Planning Commission desk item with Exhibit 9
4. October 24, 2012, Planning Commission verbatim minutes (27 printed pages)
5. November 14, 2012, Planning Commission report with Exhibits 10 -17
6. November 14, 2012, Planning Commission Desk Item with Exhibit 18
7. Letter from Lee Quintana (three pages), received November 14, 2012
8. November 14, 2012, Planning Commission verbatim minutes (41 printed pages)
9. Required findings and considerations
10. Resolution for approval of A &S and CUP applications
11. Resolution for denial of A &S and CUP applications
12. Resolution to remand the applications to the Planning Commission
13. Development plans (10 sheets), received November 5, 2012
Distribution
cc: Gary Kohlsaat, Koh1saat & Associates, 51 University Ave., Ste. L, Los Gatos, CA 95030
Three Sisters, LLC, 18020 Los Gatos - Saratoga Road, Monte Sereno, CA 95030
TC:SA:ct
NADEWC REPORTs\2o12WSC41- CUP.doc
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: October 24, 2012
PREPARED BY: Suzanne Avila, Senior Planner
savila@lost?atosca. ov
APPLICATION NO: Architecture and Site Application S -12 -023
ITEM NO: 1
LOCATION: 41 N. Santa Cruz Avenue (west side of N. Santa Cruz Avenue
between W. Main Street and Bean Avenue)
APPLICANT: Gary Kohlsaat, Architect
PROPERTY OWNER: Three Sisters, LLC
CONTACT: Gary Kohlsaat
APPLICATION
SUMMARY: Requesting approval of exterior modifications to an existing
commercial building (Los Gatos Theater) on property zoned C -2.
APN 510 -44 -031.
DEEMED COMPLETE: October 3, 2012
FINAL DATE TO TAKE ACTION: April 3, 2013
RECOMMENDATION: Approval
PROJECT DATA:
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size:
Surrounding Area:
Central Business District
C -2
Zoning Ordinance
General Plan
Commercial Design Guidelines
Redevelopment Plan
9,246 sq. ft.
ATTACHMENT 1
Existing Land Use
General Plan
Zoning
North
Commercial
Central Business District
C -2
East
Commercial
Central Business District
C -2
South
Commercial
Central Business District
C -2
West
1 Church/School
Medium Density Residential
R -15
ATTACHMENT 1
Planning Commission Staff Report - Page 2
41 N. Santa Cruz Avenue /S -12 -023
October 24, 2012
CEQA: This project is categorically exempt pursuant to Section 15301 of the
CEQA Guidelines.
FINDINGS: ■ As required by Section 15301 of the State Environmental
Guidelines as adopted by the Town that this project is
Categorically Exempt.
■ As required by Section IV.B of the Redevelopment Plan for the
Central Los Gatos Redevelopment Project that it meets the use
set forth in the Town's General Plan.
■ That the proposed project is consistent with the Commercial
Design Guidelines.
CONSIDERATIONS: As required by Section 29.20.150 of the Town Code for Architecture
and Site applications.
ACTION: The decision of the Planning Commission is final unless appealed
within ten days.
EXHIBITS: 1. Location map
2. Required findings and considerations
3. Recommended conditions of approval (four pages)
4. Applicant's letter (two pages), received October 8, 2012
5. Computer renderings (three pages), received February 28, 2012
6. Color board (one page), received February 28, 2012
7. Development plans (nine sheets), received October 3, 2012
BACKGROUND:
The Los Gatos Theater was originally constructed in 1916 as part of a building that also included
six stores. The Art Deco remodeling occurred following a 1929 fire in the theater. The windows
were closed up either at that time or in 1948 when additional remodeling was done. The tile
wainscot is believed to have been added in 1948. The arched windows were re- opened about
1982. The theater was temporarily closed in 1989 due to damage sustained in the Loma Prieta
Earthquake. Minor repairs and a Conditional Use Permit for the theater use were approved by
the Town Council in December 1991. Exterior modifications to the building included
replacement of the tile and the theater was also split into two smaller theaters. A new ownership
group, Three Sisters LLC, purchased the building in 2011 and has been working with Town staff
on plans to renovate the theater. Camera Cinemas, the theater operator, closed at the end of
September noting on its web -site, "The beloved Los Gatos Cinema is now closed for major
remodeling, but its many loyal patrons can look forward to a grand re- opening in summer of
Planning Commission Staff Report - Page 3
41 N. Santa Cruz Avenue /5 -12 -023
October 24, 2012
2013 with major upgrades and an exciting new, yet also comfortably old, look. Join us as we
move forward to the future."
The ownership group plans to reopen with a large theater with tiered seating and state of the art
equipment on the main floor and a smaller screening room on the upper floor. A separate
application has been filed to modify the Conditional Use Permit (CUP) to allow special events
on the mezzanine level. The CUP application will be forwarded to the Planning Commission for
consideration, tentatively on the December 12, 2012, agenda. The subject Architecture and Site
application is to allow the exterior modifications to the building. The ownership group would
like to start construction as soon as possible in order to complete the work and reopen the theater
in June 2013. Approval of the exterior modifications would not affect the proposed modification
to the business operation. The proposed interior improvements and addition of special events is
important to the success of the theater's future as a movie house. Permits will not be issued for
interior improvements pending action on the CUP modification.
PROJECT DESCRIPTION:
I�
Location and Surrounding Neighborhood
The project site is located at 41 North Santa Cruz Avenue, on the west side of North
Santa Cruz Avenue between West Main Street and Bean Avenue. Adjacent properties
and those directly across the street are located in the C -2 zone and are developed with
commercial buildings. The property behind is developed with church and school (St.
Mary's) in the R -1D zone.
Architecture and Site Approval
Architecture and Site approval is required for exterior modifications to a commercial
building. Pursuant to Town Code Section 29.20.750 the Planning Commission is the
deciding body for commercial Architecture and Site applications.
C. Zoning Compliance
The theater use is allowed by a Conditional Use Permit approved by the Town Council
on December 16, 1991. Prior to that date the theater operated as a nonconforming use.
No changes are proposed to the building footprint. The proposed building height
complies with height restrictions for the C -2 zone.
Planning Commission Staff Report - Page 4
41 N. Santa Cruz Avenue /5 -12 -023
October 24, 2012
ANALYSIS:
A. Architecture and Site
The applicant is proposing to renovate the existing Los Gatos Theater building. The
main features of the building are the marquee, knifeplate sign, recessed entry, storefronts,
art deco style, wainscot and the upper fagade. The design objective was to retain these
key features and add character to the upper fagade. The following exterior modifications
are included in the renovation plans as showm on sheet A -6 of the development plans
(Exhibit 6):
• Remodel the building fagade with an Art Deco theme
• Remodel the existing storefront window and door on the left side of the building
and add a storefront on the right side for a second retail business
• Refurbish the terrazzo flooring
• Add a new ticket booth in the center of the entry
• Add new double doors to the sides of the ticket booth
• Replace the glazed blue tile wainscot with more architecturally and historically
appropriate tiles with an art deco pattern
• Embellish the front columns -,with flutes and lighting
• Replace the arched windows with round windows
• Remodel and renovate the existing marquee
• Add stepped stucco blocks at the existing knifebade sign
• Add new column cap details on the upper building corners
• Add new windows in the center portion of the second floor fagade that will open
onto a renovated mezzanine
• Add height to the center portion of the fagade with a four foot tail extension of
the parapet to hide the raised roof
• Incorporate new painted smooth stucco finish on fagade walls with built -up
moldings
Exhibits 4 and 5 are renderings of the proposed building fagade and proposed exterior colors.
B. Historic Preservation Committee
On June 21, 2011, the Historic Preservation Committee (HPC) reviewed preliminary
plans and provided recommendations to the project architect on the proposed exterior
modifications. On January 25, 2012, the HPC reviewed revised plans and indicated its
support of the proposed design. On October 10, 2012, the HPC voted unanimously to
recommend that the Planning Commission approve the plans for exterior modifications to
the theater building with the following recommendations:
Planning Commission Staff Report - Page 5
41 N. Santa Cruz Avenue /S -12 -023
October 24, 2012
• Eliminate the neon (LED) tube lighting
• Eliminate the bulbs on the marquee (the marquee can be framed with linear
lighting)
• Include bronze anodized finish on door frames for both floors and the retail spaces
• Add wall sconces to the middle two pilasters on the upper floor
• Use of uplighting to wash the upper center section of the second floor is acceptable
The Committee also requested that the final design for the tile mosaic design be referred
back to the HPC once the design has been finalized, stating that it can be an informal
review. Condition #5 requires the HPC recommendations to be incorporated into the
plans when construction drawings are prepared.
C. CEQA Determination
This project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines
as adopted by the Town as it is involves interior and exterior modifications to an existing
commercial building.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the property. Staff has
not been contacted by any residents or property owners concerning the project.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The proposed project is in compliance with the Commercial Design Guidelines. The
proposed renovations will significantly upgrade the building which will complement the
Downtown. The continued use of the building for a theater and retail uses is consistent
with the Central Los Gatos Redevelopment Plan and compatible with the surrounding
land uses. Staff recommends that the Planning Commission take the actions in the
recommendation section below to approve the Architecture and Site application.
B. Recommendation
The Planning Commission should take the following actions to approve the Architecture
and Site and Subdivision application:
Planning Commission Staff Report - Page 6
41 N. Santa Cruz Avenue /5 -12 -023
October 24, 2012
1. Make the determination that the project is categorically exempt from CEQA
(Exhibit 2);
2. Make the finding that the proposed exterior modifications are consistent with the
Commercial Design Guidelines (Exhibit 2);
3. Make the finding that the project is consistent with the Central Los Gatos
Redevelopment Plan (Exhibit 2);
4. Make the finding that the project is consistent with the considerations for review
of Architecture and Site applications (Exhibit 2); and
5. Approve Architecture and Site application 5 -12 -023, subject to the conditions in
Exhibit 3.
Prepared by:
Suzanne Avila, AICP
Senior Planner
TC:SA:ct
Approved by:
Todd Capurso
Acting Director of Community Development
cc: Gary Kohlsaat, Kohlsaat & Associates, 51 University Avenue, Ste. L, Los Gatos, CA 95030
Three Sisters, LLC, 18020 Los Gatos - Saratoga Road, Monte Sereno, CA 95030
N1DEWC REP0RTSQ20121NSC41- A &S.doc
41 N. Santa Cruz Avenue
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PLANNING COMMISSION — OCTOBER 24, 2012
REQUIRED FINDINGS & CONSIDERATlO: \'S FOR:
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
FINDINGS:
Required findings far CEOA:
The project is categorically exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town in that the project consists of exterior modifications to an
existing commercial building that will not be increasing in size.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment Project
Area:
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 for
commercial use and the existing theater and retail uses are within that category.
CONSIDERATIONS:
Considerations in review of Architecture & Site applications:
As required by Section 29.20.150 of the Town Code, the considerations in review of an
architecture and site application were all made in reviewing this project. The proposed
renovations will significantly upgrade the building, will complement surrounding buildings
and add to the vibrancy of the Downtown.
\ DEPM MSIOEXSC41 -Ak DOC
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PLANNING COMMISSION — OCTOBER 24, 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:
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 by the Planning Commission on October 24, 2012, and noted as received by the
Town on October 5, 2012. Any changes or modifications to the approved plans shall be
approved by the Community Development Director, 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. CONDITIONAL USE PERMIT. The pending modification to the existing CUP for the
theater shall be approved prior to issuance of permits for interior improvements related to
proposed special events.
5. HISTORIC PRESERVATION COMMITTEE. The following recommendations of the
Historic Preservation Committee shall be incorporated into the plans (refer to October 10,
2012 HPC minutes for details):
a. Eliminate the neon (LED) tube lighting.
b. Eliminate the bulbs on the marquee (the marquee may be framed with linear
lighting).
C. Include bronze anodized finish on door frames for both floors and the retail
spaces.
d. Add wall sconces to the middle two pilasters on the upper floor.
e. Use of uplighting to wash the upper center section of the second floor is
acceptable.
Building Division
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.
EA -HSIT 3
7. 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 hove 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 from 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-
IR, MF -IR, and WS -51k 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 CBC 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.
The 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 u,i+ -tir Ioseatosca.gov/buildinQ.
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 S2 or at San Jose Blue Print for a fee.
14. 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
15. 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 andlor
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 right -of -way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
16. 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.
17. 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.
18. 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.
19. SITE SUPERVISION. The general contractor shall provide qualified supervision on the
job site at all times during construction.
20. 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.
21. 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.
22. PARKING. Any proposed parking restriction must be approved by the Town of Los
Gatos Community Development Department.
23. 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.
24. 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.
25. 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.
26. TRAFFIC IMPROVEMENTS. To be determined by the Traffic Engineer.
27. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional share
of transportation improvements needed to serve cumulative development within the
Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit application is made. The fee shall be paid before
issuance of a building permit. The traffic impact mitigation fee for this project using the
current fee schedule is to be determined. The final fee shall be calculated from the final
plans using the rate schedule in effect at the time of building permit application using a
trip generation rate based on a movie theater use.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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 shalt 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 right-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:
33. 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.
34. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
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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A R C H I T E C T U R E
COLOR SAMPLES BOARD
THE LOS GATOS THEATER
STUCCO COLOR RANGE:
BENJAMIN MOORE
#904, WHITE BLUSH TO
#947, NAVAJO WHITE
DOORS & WINDOWS:
TILE WAINSCOTT: ANODIZED BRONZE FRAMED
I "x I" & 2 "X 2" TILE IN LIGHT &
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&ASSOCIATES
A R C H I T E C T U R E
Planning Commission
Community Development Department, Town of Los Gatos
I10 E. Main Street
Los Gatos, CA 95030
Re: The Los Gatos Theater, 41 N. Santa Cruz Avenue
Project Description
Planning Commission Members:
RECEIVE
GCT P - ZO12
TOWN OF LOS GATOS
PLANNING DIVISION
October 8, 2012
On behalf of Three Sisters LLC, we formally request approval for the renovation and remodel of
the Los Gatos Theater. Outlined below is a brief description of the project and justification for
an approval.
A Brief History
The original theater, The Strand, was built in the heart of downtown Los Gatos in 1916, just as
the cinema industry and movie palaces were making their debuts. The original style of
architecture was described as Renaissance Revival. It had a large two -story facade with a heavy
cornice, arched windows, false balconies and pilaster corner columns. In 1929, the theater
burned down and was rebuilt as the Premiere Theater in the popular Art Deco style. Subsequent
remodeling over the years closed off one of the retail spaces and the large second story center
windows were walled in, but its original cornice and and moldings remained until the 1989
earthquake, which damaged the theater to the point where it had to be closed.
While doing seismic upgrades, the theater underwent a major remodel. A second screen was
added, restrooms were upgraded and the tile wainscot was removed and replaced with what is
there today. This current design has been standing since then, with a much more modest,
simplified facade that includes the "Gatos" sign, marquee, round columned entry and blue tile
wainscot.
Exterior Architecture
The goal of this renovation project was not only to maintain the historical charm and elements
that make it iconic of Los Gatos, but also to enhance and enrich its character. Both old and new
elements contribute to the design theme. The existing marquee will be expanded both in height
and width with new movie title signage aimed towards the street. A new second retail space will
not only add to the vitality of the sidewalk, but will provide symmetry to the front elevation. The
angled overhangs will now protect both storefronts. The existing "GATOS" knife -plate sign will
be saved and reattached with embellished step detailing.
EXHIBIT 6
The current upper facade lacks the detail and character one comes to expect from an historic
theater. To emphasize the Art Deco style, horizontal moldings at the top and a raised parapet in
the center with vertical relief steps are proposed. Round windows add light and a touch of
whimsy, while a new ticket booth at the center of the recessed entry will be reinstated from its
earlier years. The existing ceramic tile wainscot and terrazzo tile floor at the entry will be
refurbished in keeping with the Art Deco style. By introducing a more dramatic second story
facade and expanding on the original marquee, this gem will shine for generations.
Interior Architecture
A big key to the theater's future success is the new layout of the interior lobby and screen rooms.
The size of the lobby will be increased, and a new open staircase welcomes patrons to the
renovated mezzanine level. The main theater room will have new stadium seating, state- of -the-
art equipment, and modern amenities. The stage area will be expanded, and an old mechanical
room will be converted into a "green room ". This will allow for small stage productions for both
touring acts as well as local school productions. The mezzanine will be expanded as a screening
room as well as for more special events. This will include movable seating for comfort and
versatility, a drop down screen, and a new concession/drink area to be used during these events.
An elevator and all new restrooms round out the interior renovations.
In conclusion, we feel our proposal for the renovation of the theater is not only crucial to the
theater's future as a movie house, but will also re- establish this historical building as a major
iconic symbol of downtown Los Gatos.
Respectfully Submitted,
gw�
Gary Kohlsaat
Architect C19245