1991-170-Approving Repair And Exterior Modifications To An Earthquake Damaged Commercial Building In The C-2 ZoneRESOLUTION 1991 -170
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING REPAIR AND EXTERIOR MODIFICATIONS TO AN
EARTHQUAKE DAMAGED COMMERCIAL BUILDING IN THE C -2 ZONE,
CONDITIONAL USE PERMIT APPLICATION EU- 79 -5A, ARCHITECTURE
AND SITE APPLICATION ES -91 -41
(41 N. SANTA CRUZ AVENUE /CARMEL CORMACK)
WHEREAS:
A. Carmel Cormack, owner and applicant, has requested permission to repair and
make exterior modifications to an earthquake damaged commercial building in the C -2
zone (Conditional Use Permit Application EU- 79 -5A, and Architecture and Site Application
ES- 91 -41);
B. On June 17, 1991 the Town Council reviewed the application and remanded
the matter to the Earthquake Restoration Committee to address issues concerning
conditions of operation, use of best possible projection and sound systems, and preservation
of the exterior appearance including the marque;
C. The Earthquake Restoration Committee has considered this matter on May
23, 1991 and July 2, 1991, and has recommended that the Town Council grant Conditional
Use Permit Application EU -79 -5A and Architecture and Site Application ES- 91 -41; and
D. A public hearing was held on July 15, 1991.
RESOLVED:
A. The Town Council hereby makes the following findings pursuant to Zoning
Ordinance Section 5.20.210 for granting of a Conditional Use Permit as follows:
1. The proposed use of the property is desirable to the public convenience or
welfare because it will offer entertainment at competitive costs in the
downtown;
2. The proposed use will not impair the integrity and character of the zone
because the theatre has operated successfully in this location for more than
70 years;
3. The proposed use will not be detrimental to public health, safety or general
welfare and in fact provides facilities that will benefit the community; and
4. The proposed use is in harmony with the various elements and objectives of
the General Plan, the Downtown Specific Plan and Zoning Ordinance in that
it has previously operated in this location under a conditional use permit and
provides a desirable form of entertainment to the community.
B. Based on the foregoing findings, the Town Council grants Conditional Use
Permit Application EU -7 -5A and Architecture and Site Application ES -91 -41 subject to the
following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Regarding any movies shown after 10:00 P.M.:
a. The management must diligently attempt to prevent alcoholic beverages
and drugs from being brought into the theatre by patrons.
b. The management must patrol the inside of the theatre during the show
to keep order and prevent the use of drugs and alcohol.
C. The management must patrol the line of patrons waiting to enter the
theatre to keep order and prevent the use of drugs and alcohol.
d. A notice must be posted at the ticket booth notifying patrons that such
activities as excessive noise, littering and the use of drugs and alcohol will not
be tolerated.
e. A 60- second film segment shall be prepared which is to be shown prior
to the movie that informs patrons of the rules and regulations governing the
activities of patrons while inside and outside the theatre. Suggestions on
parking locations shall be also be included.
2. The maximum seating allowed is 492.
3. The hours of operation are limited from 9:00 A.M. to 2:00 A.M.
4. A sign permit must be obtained for any changes to the exterior sign and /or
marquee.
5. The final exterior colors for the building are subject to approval by the
Planning Director.
6. A poster display must be incorporated on the front elevation prior to
occupancy.
I1,
7. If the applicant chooses to convert the structure into three theatres within 12
months (on or before July 15, 1992) an application shall be submitted to the
Development Review Committee to be approved by Council after public
hearing, to insure current codes for accessibility, signage and the terms of the
use permit are satisfied. If application to convert to three theatres is
submitted after July 15, 1992, it shall be processed by the standard procedures
for modification of a conditional use permit subject to all fee requirements.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of August, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None � /
SIGNED: ( /%/
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
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