Staff Report
PREPARED BY: Sean Mullin, AICP
Associate Planner
Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and
Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2017
ITEM NO: 11
DATE: JUNE 15, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ARCHITECTURE AND SITE APPLICATION S-17-013. PROJECT LOCATION:
106 E. MAIN STREET. APPLICANT: MEHDI DALVAND, THE MIDGLEN
STUDIO. PROPERTY OWNER: TOWN OF LOS GATOS.
CONSIDER A REQUEST TO CONSTRUCT A CANOPY OVER AN EXISTING
PATIO ON A PROPERTY ZONED C-1:PD. APN: 529-34-108.
RECOMMENDATION:
Adopt a Resolution (Attachment 7) approving a request to construct a canopy over an existing
patio.
BACKGROUND:
On June 6, 2017, the Town Council considered a request to construct a canopy over an existing
patio at 106 E. Main Street. After opening the hearing and asking questions of st aff, the public,
and the applicant, the Town Council continued the matter to a date certain, and directed staff
to return with the following:
1. Lease Agreement between the Town of Los Gatos and Los Gatos Museum Association
(Attachment 5); and
2. Town Facilities Use Policy, revised February 7, 2017 (Attachment 6)
In addition to the requested documents, the Town Council directed staff to revise a Condition
of Approval to clearly provide the Town with discretion over whether the canopy is to remain or
be removed in the event that the lease with NUMU were discontinued (Exhibit A of Attachment
7, Condition 6).
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SUBJECT: 106 EAST MAIN STREET/S-17-013
JUNE 6, 2017
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DISCUSSION:
During its June 6, 2016 meeting, the Town Council sought clarification on the space included in
the NUMU lease. Staff has reviewed NUMU’s Lease Agreement (Attachment 5), the Town
Facilities Use Policy (Attachment 6), and the Conditional Use Permit for NUMU (Attachment 2)
and determined the following:
• Under “Section 1 Premises” of the Lease (Attachment 5), premises is described as “106
East Main Street (herein the "Premises") and more particularly described in Exhibit A
attached hereto and incorporated herein by reference . The Premises consists of
approximately eleven thousand six hundred and four (11,604) square feet of space for
museum exhibits, Town offices, storage, educational lab, kitchen facilities, bathrooms,
and a deck.”
Under “Section 3.1 Base Rent” of the Lease, base rent is “based on 11,604 square feet
not including the conference room, Town office space, and exterior decks as shown on
Exhibit A.”
Under “Section 5.1.2 Use of Premises” of the Lease, use of premises is described as
“4,335 square feet of space on the upper level and 7, 260 square feet of space on the
lower level of the old Town of Los Gatos Library located at 106 E. Mai n Street, Los Gatos,
CA, as shown on Exhibit A”.
Under “Section 9.3 Maintenance of Common Areas” of the Lease, common area is
described as “the exterior grounds, exterior shared deck, and the parking lot adjacent to
the Premises. If Lessee uses the shared deck for activities or a special event, Lessee shall
promptly remove all structures, accessories, decorations, and trash associated with the
activity or event.” This provision in the NUMU lease is the same provision found in the
Friends of the Library lease. In addition, the Friends of the Library lease states that it
“may request to reserve the conference room in the new public library and the outdoor
Town deck adjacent to Lessee's space”.
Section B of the Town Facilities Use Policy (Attachment 6) dictates uses allowed on the
“civic center deck and stairs.” This policy speaks to the area of the primary deck around
the fountain and the adjacent stairs to the west, north, and east. This policy is silent as
to the deck area located to the north of the NUMU building.
The Conditional Use Permit for NUMU (Attachment 2) permits a sculpture garden
between the west parking lot and the west entrance. This area is shown on Exhibit A of
the lease agreement (Attachment 5) and is the area in which the proposed canopy
would be constructed.
Based upon the above, it is the Town Attorney’s position that NUMU has access and use of the
deck area but the deck area is not part of the lease premises and is not for the exclusive use of
NUMU. The deck area is considered common area that can also be used by the Friends of the
Library pursuant to their Lease with the Town and the deck area can also be used by the Town.
The determination that the deck area is common area does not prevent NUMU from proposing
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SUBJECT: 106 EAST MAIN STREET/S-17-013
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DISCUSSION (cont’d):
improvements to this area. Staff has determined that NUMU’s request to construct a canopy
over an existing patio would not interfere with the use of the deck area by either the Friends of
the Library or the Town.
CONCLUSION:
It is recommended that the Town Council determine that the deck/patio area north of the
NUMU building is not included as part of the premises in the NUMU lease and is instead
considered part of the common area that can be used by NUMU, the Friends of the Library , and
the Town. Staff recommends that the Council adopt a Resolution approving the request for
installation of a canopy over the existing patio (Attachment 7), subject to the conditions of
approval included in Attachment 7, Exhibit A, and development plans included as Exhibit B.
ALTERNATIVES:
Alternatively, the Council may:
1. Adopt a Resolution to approve the application with modified or additional conditions of
approval (Attachment 7, Exhibit A); or
2. Adopt a Resolution to deny the Architecture and Site application (Attachment 8).
COORDINATION:
The Community Development Department coordinated with the Town Attorney, Parks and
Public Works Department, and the Santa Clara County Fire Department in the review of the
application.
FISCAL IMPACT:
If the application is approved, NUMU would be responsible for all costs associated with the
permitting, fabrication, installation, and maintenance of the canopy. In the event that the lease
with NUMU was discontinued, retention of the canopy is at the discretion of the Town
Manager. Should the Town Manager determine that the canopy is to be removed, NUMU is
responsible for removal of the canopy and remediation of the existing building, to the
satisfaction of the Town Manager pursuant to the existing lease agreement.
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SUBJECT: 106 EAST MAIN STREET/S-17-013
JUNE 6, 2017
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ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of California Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures.
Attachments received with June 6, 2016, Staff Report:
1. Location Map
2. Town Council Resolution 2015-004 approving Conditional Use Permit (CUP) application U-
13-017
3. Draft Resolution to approve the project (includes Exhibit A – Conditions of Approval, and
Exhibit B – Development Plans)
4. Draft Resolution to deny the project
Attachments received with this Staff Report:
5. Lease Agreement between the Town of Los Gatos and Los Gatos Museum Association
6. Town Facilities Use Policy, revised February 7, 2017
7. Draft Resolution (revised) to approve the project (includes Exhibit A – revised Conditions of
Approval, and Exhibit B – Development Plans)
8. Draft Resolution (revised) to deny the project
9. Public comment received by 11:01 A.M., Thursday, May 25, 2017 and 11:00 A.M., Thursday,
June 15, 2017
Distribution:
Mehdi Dalvand, The Midglen Studio, 831 Midglen Way, Woodside, CA 94062
Los Gatos Museum Association (NUMU)