Conditional Use Permit for 105 E Main St (NUMU)COUNCIL AGENDA REPORT
DATE: JANUARY 26, 2015
MEETING DATE: 02/03/15
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -13 -017. PROJECT
LOCATION: 106 E. MAIN STREET. PROPERTY OWNER: TOWN OF LOS
GATOS. APPLICANT: MUSEUMS OF LOS GATOS.
CONSIDER A REQUEST TO OPERATE A MUSEUM (MUSEUMS OF LOS
GATOS) AND RELATED ACTIVITIES ON PROPERTY ZONED C -I:PD.
APN 529 -34 -108.
RECOMMENDATION:
Adopt a Resolution approving Conditional Use Permit U -13 -017 to operate a museum (Museums
of Los Gatos) and related activities on property zoned C -1:PD subject to conditions (Attachment
2).
ALTERNATIVES:
Alternatively, the Council may:
I. Adopt a Resolution approving the application subject to modified or additional conditions
of approval; or
2. Adopt a Resolution remanding the project to the Planning Commission with specific
direction (Attachment 3);
3. Adopt a Resolution denying the application (Attachment 4); or
4. Continue the project to a date certain with specific direction.
BACKGROUND:
In 2013, the Town entered into a lease with the Museums of Los Gatos (see Exhibit 4 in
Attachment 6) for the space at 106 E. Main Street, a portion of the space previously occupied by
PREPARED BY: LAUREL R. PREVETTI n1h#K� ' ' Assistant Town Manager /Co unity Deve Director
Reviewed by: N/A Assistant Town Manager iffTown Attorney N/A Finance
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Reformatted: 5/30/02
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MAYOR AND TOWN COUNCIL
SUBJECT: 106 E. MAIN STREET/U -13 -017
JANUARY 26, 2015
the Town of Los Gatos Library in the Town Civic Center. The proposed project would allow the
Museums of Los Gatos to operate an art and history museum in this space. The Museums of Los
Gatos would no longer operate at 4 Tait Avenue or 75 Church Street. The remaining portions of
the former Library space would be occupied by Friends of the Library and the Town
(Attachment 9).
The history of the lease dates back to 2011 when the Town Council launched the Library Reuse
Plan as part of the 2010 -2012 Strategic Goals. In late 2011, the Museums presented a concept
for the old library to the Town. In December 2011, the Town Council appointed an Old Library
Reuse Committee. On March 5, 2012, The Town Council approved the Reuse Guidelines and
process for the old library. On May 14, 2012, the Council evaluated compering proposals and
directed the staff to pursue a Friends and Museums joint use. On September 4, 2012, the Council
approved the Friends and Museums joint use. On November 5, 2012, the Town Council
requested two to four options for a Veterans Memorial at the Civic Center. On June 12, 2013,
the Town Council approved the lease with the Museums for the old library.
i67RTiW331435
A. Proiect Summary
The applicant is requesting approval to operate an 11,932- square foot art and history
museum, Museums of Los Gatos. The proposal includes an art museum and display area on
the upper floor and a collection storage room, history museum, museum office, and education
lab on the lower floor.
The applicant is proposing public access hours of 11:00 a.m. to 5:00 p.m., seven days a week.
The applicant is proposing staff hours from 9:00 a.m. to 5:00 p.m. except when later hours
are required for exhibit preparations, receptions, and similar activities.
The applicant is proposing a maximum of eight staff onsite at any given time. The Museums
currently has five to seven staff and one consultant. However, Museums of Los Gatos also
uses interns, volunteers, and docents, and may hire additional staff. The applicant is
proposing committee meetings during weekdays with a maximum of 20 participants.
The applicant is proposing to rent the subject space for private events, such as weddings and
receptions, to obtain revenue, introduce the Museums of Los Gatos to a wider audience, and
further the Museum's cultural reputation in the community. The applicant is also proposing
to use the Town Council Chambers for lectures.
The applicant proposes Museum and private events with up to 350 attendees, including but
not limited to:
Use of the civic center, Pageant Park, or front lawn
Receptions
Beer and wine service
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 106 E. MAIN STREET/U -13 -017
JANUARY 26, 2015
• Demonstrations
• Artist's talks or interviews
• Music, pre - recorded and live
• Performances
• Exhibit openings
• Fundraisers
• Weddings and other group events
• Catering
The applicant proposes educational programs with up to 100 participants, including but not
limited to:
• Children's Explorer program
• Art and History lectures
• Countywide High School Art Show
• Family Art Day
• Life drawing classes
Finally, the applicant is proposing to use a portion of the exterior space as a sculpture garden.
The sculpture garden would be located northwest of the building at one of the former Library
entrances (Attachment 9).
B. Planning Commission
On December 10, 2014, the Planning Commission considered the subject application. See
Attachment 8 for the Commission's full discussion. The Planning Commission
recommended approval of the CUP with recommended considerations and modified
conditions.
The Commission recommended modifying the event conditions to reflect the intent to require
the applicant to coordinate events to avoid conflicts in and around the Civic Center, Library,
and Adult Recreation Center. Staff offers modified conditions five and seven as follows
(new wording is underlined and deleted wording is ugh):
5. MUSEUM EVENTS: Museum events, such as committee meetings, exhibit openings,
fundraisers, and private art/history receptions, are permitted. Museum events may
require a special event permit from the Los Gatos -Monte Sereno Police Department, or a
Park Permit from the Los Gatos Parks and Public Works Department.
a. OCCURENCE: Museum events cannot conflict with Town meetings, events, and/or
operations at or within the Civic Center, Town Library, and/or Adult Recreation
Center, except when coordinated with and approved by the Town Manager's Office.
The applicant must coordinate with the Town Manager's Office for events that may
affect parking at the Civic Center.
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MAYOR AND TOWN COUNCIL
SUBJECT: 106 E. MAIN STREET/U -13 -017
JANUARY 26, 2015
b. HOURS: Museum events may occur past 7:00 p.m. when no Town meeting or event
is sc-keduled coordinated with and approved by the Town Manager's Office, and must
end by 11:00 P.M.
c. NUMBER OF ATTENDEES: The maximum number of attendees is 253 based on
maximum occupancy inside the space leased from the Town.
7. PRIVATE EVENT RENTAL: The space may be rented out for private events and
receptions, including weddings.
a. OCCURENCE: Private events are permitted up to 26 times per year. Museum events
cannot conflict with Town meetings, events, and/or operations at or within the Civic
Center Town Library and/or Adult Recreation Center, excent when coordinated with
and approved by the Town Manager's Office. The applicant must coordinate with the
Town Manager's Office for events that may affect parking at the Civic Center.
b. HOURS: Private events may occur past 7:00 p.m. when no Tewfl fneeting sr event is
seheduled coordinated with and annroved by the Town Manager's Office, and must
end by 11:00 p.m.
c. NUMBER OF ATTENDEES: The maximum number of attendees is 253 based on
maximum occupancy inside the space leased from the Town.
These proposed modifications are also contained in Exhibit A to Attachment 2.
The Commission considered whether alcohol was allowed in public space. Town Council
Chambers Policies and Procedures prohibit alcohol on Civic Center premises. Town Code
Section 19.10.025 permit beer and wine in parks. The Town's Use Guidelines for the Civic
Center Park are silent on the use of alcohol. Alcohol is served during Music in the Park and
Fiesta de Arts which occur in the Civic Center Park (the front lawn of the civic center).
The Commission considered whether the lease (Exhibit 4 of Attachment 6) included the
plaza. The lease does not include the plaza space. However, the applicant may apply to use
other areas including the plaza, front lawn, and Pageant Park subject to the Town's policy,
special event permit, and fees for those spaces.
CONCLUSION:
The proposed art and history museum, Museums of Los Gatos, would permit an existing art and
history museum to occupy a portion of the former Library space in the Civic Center. The site
has adequate parking to accommodate the art and history museum. The proposed application is
in conformance with Town Code, as conditioned, and is supported by the General Plan. The
Council should consider whether there is merit to permit the scope of activities and events
proposed by the applicant including, but not limited to, the Museums' activities and events,
educational events, private and corporate events, and live entertainment.
When differences exist, the more restrictive conditions of either the lease or the CUP would
prevail unless subsequently amended or modified.
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MAYOR AND TOWN COUNCIL
SUBJECT: 106 E. MAIN STREETIU -13 -017
JANUARY 26, 2015
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt according to Section 15301 of CEQA as adopted by the
Town, which exempts permitting an existing facility involving negligible use beyond the existing
use.
FISCAL IMPACT:
Significantly below market lease payments to the Town over time.
Attachments:
1. Required Findings
2. Resolution Approving the Conditional Use Permit (with Exhibit A Recommended Conditions
of Approval)
3. Resolution Remanding the Conditional Use Permit to the Planning Commission
4. Resolution Denying the Conditional Use Permit
5. Alcoholic Beverage Policy (with Exhibit A)
6. Report to the Planning Commission for the meeting of December 10, 2014
7. Desk Item to the Planning Commission for the meeting of December 10, 2014
8. Excerpt of the Planning Commission verbatim meeting minutes of December 10, 2014
9. Development Plans (three pages)
Distribution:
cc: Museums of Los Gatos Association, 4 Tait Avenue, Los Gatos, CA 95030
LRP:JS:cg
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