Addendum10WN OF
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COUNCIL AGENDA REPORT
DATE: FEBRUARY 2, 2015
MEETING DATE: 02/03/15
ITEM NO: 5
ADDENDUM
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER r ✓�
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 -1:PD.
APN 529 -34 -108.
REMARKS:
This Addendum addresses questions raised by Council Members. Staff received the following
questions from Council Members:
Is there alternative wording to the vague requirement "must coordinate with staff '?
Staff originally proposed the following wording when the matter was reviewed by the Planning
Commission:
OCCURANCE: Museum events cannot conflict with Town meetings, events and
operations. The applicant must coordinate with the Town Manager's Office for
events that may affect parking at the Civic Center.
The Planning Commission recommended revising the language to allow the Museum to hold
events when the events would not conflict with Town meetings, events and operations, as
opposed to prohibiting Museum events. For example, if the attendance for a General Plan
Committee meeting, the Los Gatos Library operation, and the attendance for a Museum event
could all be accommodated with existing Civic Center parking, the Museum could hold their
n
PREPARED BY: LAUREL R. PREVETTI
y
Assistant Town Manager /Community Development irector
Reviewed by: N/A Assistant Town er Mana '��
Manager own Attorney N/A Finance
N:0EVATC REPORTS\2015Wain106 Addendum.doex
Reformatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 106 E. MAIN STREET /U -13 -017
FEBRUARY 2, 2015
REMARKS (cont'd
event. If the attendance of the Museum event could not be accommodated in consideration of
parking needs for the General Plan Committee meeting and Library operations, the Museum
could not hold their event. These considerations would require coordination with Town staff.
The Town Council could modify the conditions to specify the days and times Museum and
private events are permitted, or days and times with regularly scheduled Town meetings and
events when Museum events would not be permitted. The Town Council should consider
whether, in the event the Town Council or Planning Commission schedules a special meeting, a
Museum event may be planned and held on the day of the special meeting. This could result in
unanticipated traffic and parking issues. Coordination with the Town Manager's Office ensures
that a Museum event is not scheduled on the day of a public meeting, large library event, etc.
Staff coordination would also ensure that a special meeting or Town event is not scheduled on a
day planned for a Museum or private event.
If the Council finds merit to specify the days and times of regular Town meetings and events
when Museum and private events may not be held, the Town Council may consider the
following language:
5. a. OCCURENCE: Museum events may not occur after 4:30 p.m. on Sundays in
June through August (for Music in the Park), after 6:00 p.m. on Wednesdays in
June through August (for Jazz on the Plazz), after 6:30 p.m. on the first and third
Tuesdays of each month (for Town Council meetings), or after 6:30 p.m. on the
second and fourth Wednesdays of each month (for Planning Commission
meetings).
7. a. OCCURENCE: Private events are permitted up to 26 times per year. Private
events may not occur after 4:30 p.m. on Sundays in June through August (for
Music in the Park), after 6:00 p.m. on Wednesdays in June through August (for
Jazz on the Plazz), after 6:30 p.m. on the first and third Tuesdays of each month
(for Town Council meetings), or after 6:30 p.m. on the second and fourth
Wednesdays of each month (for Planning Commission meetings).
Is the wording "more restrictive conditions apply" in the conditions or just the staff report?
The wording "more restrictive conditions apply" is not in the conditions of approval because the
conditions of approval are more restrictive than the lease.
What are the differences between the recommended Conditional Use Permit (CUP) and the
lease?
The lease allows "uses consistent with the Lessee's business purposes and approved through a
Conditional Use Permit." The CUP specifies the permitted uses of the business.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 106 E. MAIN STREET /U -13 -017
FEBRUARY 2, 2015
REMARKS (cont'd
The lease specifies hours of operation for the Museums. The CUP specifies hours for Museums
events and educational activities. The CUP also specifies when the events and educational
activities may occur and the maximum number of attendees.
The lease does not explicitly permit or prohibit private events. The CUP allows private events
with limited hours, occurrences, and number of attendees.
Section 5.1.1 of the lease permits uses approved through a CUP. To remove ambiguity and
further specify what the Town and the applicant agree to, the Council could recommend that the
lease be modified to incorporate the conditions of approval with the following additional
condition:
LEASE: The lease sliall be modified to incorporate all of the conditions of
approval prior to commencement of use.
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