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Council Agenda Report #17 Approve Issuance of a Special Event Permit for an Old Topwn Series of ActivitesMEETING DATE: 8/18/03 ITEM NO. COUNCIL AGENDA REPORT DATE: AUGUST 15, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER I ri SUBJECT: APPROVE ISSUANCE OF A SPECIAL EVENT PERMIT FOR AN OLD TOWN SERIES OF ACTIVITIES. RECOMMENDATION: Approve issuance of a special event permit for an Old Town series of activities. BACKGROUND: Federal Realty Investment Trust and the Old Town Shopping Center have expressed an interest in holding a series of activities on the Old Town site beginning in September 2003. Town Code section 14.100.020 (b) states, in part, that "No permit shall be issued for any zoning plot for a special event to the same organization, group, or person more frequently than one (1) time per calendar quarter. A minimum of 30 days shall separate special events on any zoning plot." Permits can be issued outside of this restriction upon approval by the Town Council. A special event permit has already been issued for the "Alive...And Loving Life" music series through August 28, 2003. An Old Town series of activities would be scheduled within 30 days following the "Alive...and Loving Life" series. Council approval for the issuance of a special event permit for the Old Town events is necessary for the event to be lawfully permitted. DISCUSSION: The Old Town expansion and remodel was approved through a Planned Development process. Since there was community support for Old Town to incorporate a performing arts theater, Council allowed the existing performing arts auditorium space to be converted to retail use while preserving the right to a theater use by including it as a permitted use in the Planned Development Ordinance. PREPARED BY: SC TT R. SEAMAN BUD LORTZ��S 14 ��n COMMUNITY DEVELOP NT DIRECTOR CHIEF OF POLICE Reviewed by: P5Z Assistant Town Manager a- Town Attorney Clerk Finance Community Development Revised: 8/14/03 4:50 pm Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE ISSUANCE OF A SPECIAL EVENT PERMIT FOR AN OLD TOWN SERIES OF ACTIVITIES 8/15/03 "3. Changing the use of the auditorium to a retail use. A theater use is a permitted use within the existing auditorium, the amphitheater or elsewhere on the site." Later, as part of the architecture and Site Approval process, a condition was included to clarify how the use of the amphitheater would be regulated. Condition 11 of the Architectural and Site Approval states: "11. AMPHITHEATER. The amphitheater shall remain as an amphitheater. A conditional Use Permit application must be filed by the applicant and approved by the Town prior to using the amphitheater." Old Town representatives believe that the ordinance language allows a theater use without the additional requirement of a CUP. They, nevertheless, understand that the Town would be concerned about the extent of such uses, which is not clear in the ordinance. Staff and Old Town representatives are working together to resolve this question. In the interim, a special event permit process creates a mechanism to expeditiously address use of the amphitheater for a series of activities on an interim basis. The Police Department issued a permit for the "Alive...And Loving Life" music series in July. That series concludes August 28, 2003. Federal Realty Investment Trust has expressed its interest in holding a series of events during the month of September, and possibly through the fall (see Attachment 1). They include, generally, an outdoor movie in the amphitheater on a weekday evening for Old Town restaurant customers and children's activities during the day. These events could have an attendance of up to 300 people. The Police Department would support the approval of single special event permit for the entire series, as was done for the Alive...And Loving Life special event The Special Event Permit will require Old Town to make contact with the residential neighbors to inform them about the planned events. CONCLUSION: Staff recommends Council approval of the issuance of a special event permit for the Old Town series of activities to be defined upon application to the Police Department. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE ISSUANCE OF A SPECIAL EVENT PERMIT FOR AN OLD TOWN SERIES OF ACTIVITIES 8/15/03 FISCAL IMPACT: There is no fiscal impact to this action. Attachment: 1. E-Mail from Federal Realty Investment Trust Distribution: Doug Badia, Federal Realty Investment Trust Andrew Faber, Berliner Cohen Bud. LQrtz - OT Special Events Dealings 8 15 03.doc Page 1 J Dinner and a Movie Series SRI Old Town along with California Cafe, Wine Cellar and Steamers restaurant are seeking approval to sponsor a Dinner and a Movie event. The event will be to show a movie to a maximum of 400 people per movie at the Old Town Amphitheatre at the rear of the property. Participants of this event are welcome to park at either the surface lots or underground parking facility within the Old Town Center. We will begin this event on September 2, 2003, beginning at sunset for the duration of the movie, approximately two hours and continuing every Tuesday night. During the movie, concessions such as popcorn, pre -packaged drinks and candy will be sold to patrons of the movie. SRI Old Town will provide security and representatives of SRI Old Town will be available at this event. Equipment necessary to operate the showing of this movie should not disturb neighbors or tenants of Old Town. Specifically, a technician will operate the equipment and sound amplification is limited to 2 JBL speakers with 175 watts per speaker and one floor mounted speaker at 175 watts. Advertising for this event will be limited to in-store flyers created by SRI Old Town's marketing department and advertising in Los Gatos newspapers prior to the event. Children's Program Series SRI Old Town is seeking approval to sponsor a Play Day at Old Town event. This event will incorporate existing children programs provided by tenants of Old Town with outdoor entertainment focusing on young children and their parents. This event will begin at 9:00 AM every Thursday with story -time at Borders Books continuing with entertainment and lunch at Old Town Center. Participants of this event are welcome to park at either the surface lots or underground parking facility within the Old Town Center. We will begin this event on September 2, 2003, and expect a maximum of 300 people to attend this event. Representatives of SRI Old Town will be on hand at these events and security will be provided. Advertising for this event will be limited to in-store flyers created by SRI Old Town's marketing department and advertising in Los Gatos newspapers prior to the event. We expect that these to be very successful events for both Old Town and the Los Gatos community. For further questions, please contact Doug Badia, General Manager at 408/551-2265 or Suki Swaroop, Property Manager at 408/551-4686. OT Special Events Dealings 8 15 03.doc 8/15/2003 ATTACHMENT 1 cJU Omi Accie + l • M..cy3 Dinner and a Movie Series SRI Old Town along with California Cafe, Wine Cellar and Steamers restaurant are seeking approval to sponsor a Dinner and a Movie event. The event will be to show a movie to a maximum of 400 people per movie at the Old Town Amphitheatre at the rear of the property. Participants of this event are welcome to park at either the surface lots or underground parking facility within the Old Town Center. We will begin this event on September 2, 2003, beginning at sunset for the duration of the movie, approximately two hours and continuing every Tuesday night. During the movie, concessions such as popcorn, pre -packaged drinks and candy will be sold to patrons of the movie. SRI Old Town will provide security and representatives of SRI Old Town will be available at this event. Equipment necessary to operate the showing of this movie should not disturb neighbors or tenants of Old Town. Specifically, a technician will operate the equipment and sound amplification is limited to 2 JBL speakers with 175 watts per speaker and one floor mounted speaker at 175 watts. Advertising for this event will be limited to in-store flyers created by SRI Old Town's marketing department and advertising in Los Gatos newspapers prior to the event. Children's Program Series SRI Old Town is seeking approval to sponsor a Play Day at Old Town event. This event will incorporate existing children programs provided by tenants of Old Town with outdoor entertainment focusing on young children and their parents. This event will begin at 9:00 AM every Thursday with story -time at Borders Books continuing with entertainment and lunch at Old Town Center. Participants of this event are welcome to park at either the surface lots or underground parking facility within the Old Town Center. We will begin this event on September 2, 2003, and expect a maximum of 300 people to attend this event. Representatives of SRI Old Town will be on hand at these events and security will be provided. Advertising for this event will be limited to in-store flyers created by SRI Old Town's marketing department and advertising in Los Gatos newspapers prior to the event. We expect that these to be very successful events for both Old Town and the Los Gatos community. For further questions, please contact Doug Badia, General Manager at 408/551-2265 or Suki Swaroop, Property Manager at 408/551-4686. -3823736 8/18/2003 Old Town Los Gatos Dinner and Iutdoor Cinema Tuesday Nights in September September 2 North by Northwest NR September 9 Bridget Jones Diary R September 16 Catch A Thief NR September 23 Catch a Me If You Can PG-13 September 30 Rear Window NR Enjoy dinner at California Cafe, StamVs GrUl House, or Wine GeiJar and receive a complimentary ticket to attend the Outdoor Cinema at the Old Town Amphitheatre, with any entree purchase. Tickets are limited to the first 135 dining guests at each of the three participating restaurants. Simply ask your table server for tickets. For more information, please call 408-551-4622. Play Day at Old Town Los Gatos Thursdays throughout September 9am 10-11am 1115am-12 : 30 m p v 12 : 30-2 :m00 p •(Th 2-4pm Enjoy snacks and treats at Borders Cafe. Storytime at Borders Children's Section Children's Activities in the Amphitheatre Mommy and Me Lunch Specials at California Cafe, Steamer's Grill House, or Wine Cellar. Mommy and Me Shopping Time. Visit participating stores for in-store activities and promotions. ' For more information, please call 408-551-4622 '��1 �r {-� 1- I'M-. N r- sf -1 41 , Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California HEARING CONTINUED RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/CONT. Speakers continued: Shirley Henderson, business owner and resident on Los Gatos Boulevard. Spoke of the great impact of the project trucks on our new paving, the High School, and the corner of Los Gatos Boulevard and Highway 9. Kent Westerberg with Atwood, Haiman & Westerberg, Attorneys, asked Council for denial. He believes that there is no strong community benefit and submitted a letter delineating his objections to the proposal. Michael Thompson, owner of Southern Kitchen, feels that the traffic conjestion will drive away his customers. Asked that project not last more than 8 days. Norm Matteoni, rebutted the comments from the audience. He spoke again of rerouting of the sewer line that the video equipment could not pass through. Ray Hashimoto, representing HMH Inc, spoke of 8 days of fill operation requiring 620 trucks and trailer, noting also the demolition of the reservoir which would take 3 days and 140 truck loads. No one else from the audience addressed this subject. Council Comments: Traffic: Council asked for specifics on the impacts of the number of trucks that would be needed to remove the reservoir. They also asked for itemization of the impacts for removing 4,000 cubic yards compared to 8,000 cubic yards. Council would like an outline of the directions the trucks would run, the times they would travel, the specific number of days to be traveled and the mitigation methods for this heavy impact on the roads, neighborhoods traveled and staging operations. The residential, business and school neighborhoods to be impacted need to be specified. Also the methods of repairing the traveled streets need to be specified. Council asked that the reservoir be removed first and then the site be reviewed for a proposal at that point. The proponents of the current proposal do not feel that they are able to separate the reservoir removal from the whole proposal but were willing to discuss an alternative method of dealing with the sewer line. They are also willing to run tests of the site for toxic wastes before the removal takes place. Motion by Diane McNutt, seconded by Steve Glickman, to continue this public hearing to November 17, 2003, so that additional testing concerning possible toxins can be made, and that answers regarding construction traffic and the re -engineering of the sewer line in question can be obtained. Carried unanimously. RECESS CALLED AT 9:50 Mayor Decker reconvened the meeting at 9:55 p.m. SANTA CRUZ AVENUE N. 330/RESTAURANT CUP/ALCOHOL SERVICE (07.15) Council Consensus to return the draft resolution and/or the conditions of approval on September 2, 2003, to include the addressing of compatible exterior design for lighting, for signage, for attractive furniture and outside barrier treatment to be discussed during the architecture review. OLD TOWN/SPECIAL EVENTS PERMIT (17.36&10) Council & Staff Comments: The report discussed the event series that are being planned at the Old Town ampitheater. It was also noted that there have been no complaints regarding the teens holding their musical concerts at this location. There will be further outreach to the neighbhood in this vicinity to let them know of the activities planned. The size and output of the speakers will be moderated and parents will be acting as supervisors for the events. The activities will be concluded by 10 p.m. and the owners and managers of Old Town were thanked for their help in hosting the teen's activities. Council spoke highly of the young people who have worked to put on these shows. N:\CLK\Council Minutes\2003\M 08-18-03.wpd 5 Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California OLD TOWN/SPECIAL EVENTS PERMIT CONTINUED The following people spoke to this item: Chris Miller spoke highly of the teen event. He asked for expansion of this type of activity at Old Town. Ray Davis asked that more information on special events be noted for the public. • Mr. Padilla enjoyed the teen event with his daughters and is looking forward to doing more at the ampitheater for the whole community. Lisa Hauck with the wine cellar restaurant was present to support the planned event calendar. Motion by Mr. Glickman, seconded by Mr. Wasserman, to approve the issuance of a special event permit for Old Town series of activities. Carried by a vote of 4 ayes. Ms McNutt abstained. GATEWAY DESIGN WORKING GROUP FORMATION (18.27) Marty. Woodworth gave an overview of the idea for the formation of this program and explained who might be asked to serve on this group activity. Ms McNutt asked that no additional funds be spent on "Welcome to Los Gatos" signs in the downtown and noted that the Gateway Design Working Group should focus on designing "end caps" (design features) for the downtown rather than Gateways into Town. Motion by Ms McNutt, seconded by Mr. Glickman, to move forward on this proposal and approve the design group of eleven people. Carried unanimously. ECONOMIC VITALITY ROUNDTABLE FORMATION (19.27) Marty Woodworth spoke of the formation of the Economic Vitality Roundtable and how the Chamber's Business Forum is taking on the activities of the roundtable at this time. Ms McNutt asked that Council not abandon this activity yet. She asked that more be done to get individuals to participate. Businesses need more time to get involved in the mission that was set out for this advisory group. The roundtable was envisioned as a group of representative businesses that would meet and then conference with Council giving insight and ideas on what may be needed to help and encourage the economic health of our community. She spoke of Council being proactive in locating and identifying leadership in the business community to serve this advisory roll. She also asked that the roundtable be held once or twice a year with full community notification on the issues to be discussed, and that notes be taken and reviewed with Council for further consideration. Council 1) directed staff to attend and participate in business forums sponsored by the Chamber of Commerce and to report information back to Council; 2) directed staff to facilitate quarterly Council Study Sessions at which the Council could receive input on specific economic vitality issues and discuss issues and actions. Debra Figone, Town Manager, noted that staff would continue the ongoing partnership with the Chamber of Commerce and continue planning for workshops and avenues of participation. Ray Davis spoke against this activity and does not want to see an Economic Vitality Program implemented in Los Gatos. N:\CLK\Council Minutes12003\M 08-18-03.wpd 6