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2015-004 - Approve CUP for 106 E Main Street Museums of LGRESOLUTION 2015 -004 RESOLUTION OF THE TOWN COUNCIL 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 February 3, 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 -I: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 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 February 3, 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 February 3, 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 3`d day of February, 2015, by the following vote: COUNCIL MEMBERS: AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMIA]ISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 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 11:00 a.m. to 8:00 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 may be 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. S. 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 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). 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. EXHIBIT A d. COORDINATION: Coordination with the Town Manager's Office consists of the Executive Director of the Museums, or designee, sending a letter to the Town Manager summarizing the proposed event, proposed date, proposed start and end times, and estimated attendance at least three weeks prior to the proposed event and prior to any publicity regarding the proposed event. The Town Manager, or designee, shall respond in writing within five business days regarding any potential conflicts with Civic Center, Town Library, and/or Adult Recreation Center operations. 6. ALCOHOLIC BEVERAGE SERVICE: The service of beer and wine is permitted prior to 11:00 P.M. 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. 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). 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. d. COORDINATION: Coordination with the Town Manager's Office consists of the Executive Director of the Museums, or designee, sending a letter to the Town Manager summarizing the proposed event, proposed date, proposed start and end times, and estimated attendance at least three weeks prior to the proposed event and prior to any publicity regarding the proposed event. The Town Manager, or designee, shall respond in writing within five business days regarding any potential conflicts with Civic Center, Town Library, and /or Adult Recreation Center operations. 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. 21. LEASE: The lease shall be modified to incorporate all of the conditions of approval prior to commencement of use. TO THE SATISFACTION OF THE CHIEF OF POLICE: 22. 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. 23. 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. 24. 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.