Attachment 2 - Resolution approving the Conditional Use PermitDraft Resolution to
RESOLUTION 2015- be modified by Town
Council deliberations
RESOLUTION OF THE TOWN COUNCIL and direction.
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -13 -017
CONDITIONAL USE PERMIT APPLICATION: U -13 -017
PROPERTY LOCATION: 106 E. MAIN STREET (APN: 529 -34 -108)
PROPERTY OWNER: TOWN OF LOS GATOS; APPLICANT: MUSEUMS OF LOS
GATOS
WHEREAS, this matter came before the Town Council for public hearing January 20,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP) to
operate a museum (Museums of Los Gatos) and related activities on property zoned C -1:PD.
WHEREAS, on November 12 and December 10, 2014 the Planning Commission
considered a request for approval of CUP application U -13 -017 on property zoned C -1:PD. The
Planning Commission recommended approval of the request with modified Conditions of
Approval, finding that the proposed use of the property is essential or desirable to the public
convenience or welfare in that the use would provide the public art and history exhibits not
otherwise seen in Los Gatos; the proposed use will not impair the integrity and character of the
zone in that the use will be in a commercial zone and the proposed educational component is
consistent with other nearby uses; and the proposed use would not be detrimental to public
health, safety or general welfare in that conditions placed on the permit will mitigate potential
impacts; and the proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code as discussed within the
November 12, 2014 Planning Commission Staff Report. The Planning Commission also found
the request is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. The Planning
ATTACHMENT 2
Commission also found for approving an application for a Conditional Use Permit to serve
alcoholic beverages past 10:00 p.m. in that the applicant does not have a history of complaints
and noncompliance with local ordinances or the Alcoholic Beverage Policy and the applicant
demonstrated a clear benefit to the community.
WHEREAS, Town Council received testimony and documentary evidence from the
applicant 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 material contained in the Council Agenda Report for
their meeting on January 20, 2015, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, 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; would 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 January 20,
2015, and incorporate the findings made by the Planning Commission on December 10, 2014,
regarding this application.
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 THAT:
1. CUP application U -13 -017 to operate a museum (Museums of Los Gatos) and
related activities on property zoned C -1:PD is approved.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as
the Conditions of Approval for this permit.
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20`h day of January, 2015, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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CONDITIONS OF APPROVAL — January 20, 2015
106 E. Main Street
Conditional Use Permit U -13 -017
Requesting approval to operate a museum (Museums of Los Gatos) on property zoned C-
1:PD. APN 529 -34 -108.
PROPERTY OWNER: Town of Los Gatos
APPLICANT: Museums of Los Gatos
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 and noted
as received by the Town on July 22, 2014. Any changes or modifications to the approved
plans shall be approved by the Community Development Director, the Development
Review Committee, 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 the operation of an art and history museum.
4. HOURS OF OPERATION: Maximum hours of operation are:
a. Monday 11:00 a.m. to 7:00 p.m.
b. Tuesday 11:00 a.m. to 7:00 p.m.
c. Wednesday 1:00 p.m. to 7:00 p.m. (up to five staff are permitted before 1:00 p.m.)
d. Thursday 1 1:00 a.m. to 7:00 p.m.
e. Friday 11:00 a.m. to 7:00 p.m.
f. Saturday 11:00 a.m. to 7:00 p.m.
g. Sunday 11:00 a.m. to 7:00 p.m.
h. Staff maybe onsite as early as 9:00 a.m. and up to 10:00 p.m. for exhibit preparations
and meetings, and as permitted elsewhere in these conditions.
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. OCCURANCE: 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.
b. HOURS: Museum events may occur past 7:00 p.m. when 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.
6. ALCOHOLIC BEVERAGE SERVICE: The service of beer and wine is permitted prior to
11:00 P.M.
EDIT A
ofAttachment 2
7. PRIVATE EVENT RENTAL: The space may be rented out for private events and
receptions, including weddings.
a. OCCURANCE: 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, 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.
b. HOURS: Private events may occur past 7:00 p.m. when 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.
8. FOOD AND BEVERAGE SERVICE: Food and beverage service is permitted.
9. SCULPTURE GARDEN: A sculpture garden between the west parking lot and the west
entrance is permitted. An Architecture and Site application may be required for an
enclosure for the sculpture garden.
10. EDUCATIONAL: Educational events and activities, such as an education lab, the Explorer
program, Family Art Day, and life drawing classes, are permitted.
a. NUMBER OF ATTENDEES: Educational events and activities are limited to 100
attendees and /or participants.
b. HOURS: Educational events and activities may occur outside of regular hours of
operation, but not before 1:00 p.m. on Wednesdays, only if the school children are
transported by bus or other vehicles neither of which may park in any Civic Center
Parking lot or on streets immediately adjacent to the Civic Center.
c. BUSES: No buses or oversized vehicles may park in any Civic Center Parking lot or
on streets immediately adjacent to the Civic Center.
11. ENTERTAINMENT: Art and history performances are permitted. Other entertainment
must be consistent with Town Codes and policies, as amended.
12. DELIVERIES: Deliveries are permitted from 9:00 a.m. to 7:00 p.m. seven days a week to
align with staff attendance provided a staff member is present to receive the delivery.
Deliveries vehicles shall not block access to the parking lot, parked vehicles, or Civic
Center buildings. Deliveries shall not occur during Town meetings or events.
13. SIGNS: A Sign Permit from the Los Gatos Community Development Department is
required for any permanent or temporary signs. Approval by the Town Council is required
prior to issuance of a Sign Permit per the lease with the Town.
14. TOWN COUNCIL CHAMBERS: The Town Council Chambers may be used for lectures if
the lectures do not conflict with Town events or meetings and the lectures are approved by
the Town Manager prior to occurring. The applicant is subject to the Town's policy and
fee requirements for the use of the Town Council Chambers.
15. CIVIC CENTER, PAGEANT GROUNDS, AND FRONT LAWN: The applicant is subject
to the Town's policy and fee requirements for the use of the Civic Center, Pageant
Grounds, and Front Lawn.
16. CONFERENCE ROOM: The conference room shown on Exhibit A of the lease shall be
made available by the Town to the applicant on a shared basis. The Town shall have
exclusive right to schedule the conference room on all week days during Town business
hours. The applicant shall have priority of use of the conference room on Saturday,
Sunday, and Town holidays.
17. NUMBER OF STAFF: When the museum is open to the public, and during activities and
events, the number of staff, including but not limited to museum staff, interns, volunteers,
and docents, shall be limited to nine onsite at any given time. Additional staff, interns,
volunteers, and docents may be onsite if those additional staff, interns, volunteers, and
docents arrive and depart by means that do not require additional parking spaces, such as
walking, biking, or carpooling. On Wednesdays, up to five staff are permitted before 1:00
p.m. regardless of their transportation method.
18. 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.
19. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit
has been granted is discontinued for a period of one (1) Year, the approval lapses pursuant
to Section 29.20.340 of the Zoning Ordinance.
20. MODIFICATIONS TO THE SPACE: Any future modifications to the space must be
consistent with the lease with the Town and obtain all required permits.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
21. ALCOHOLIC BEVERAGE SERVICE NOTIFICATION: The applicant shall notify, in
writing, the Los Gatos -Monte Sereno Police Department of any intentioned service of
alcohol at least two weeks prior of any anticipated event that includes alcohol beverage
service. The Los Gatos -Monte Sereno Police Department shall have the authority to
designate how, when, and where alcoholic beverages are served.
22. UNIFORMED SECURITY: Uniformed privately provided security guards may be required
in or around the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
23. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic
meetings will be conducted with representatives from the Police Department for on -going
employee training on alcoholic beverage service to the general public.
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