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Item 25 Staff Report Adopt Resolution Establishing Standards for Restaurant Outdoor Seating Areas/ TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: June 1, 1994 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: ADOPT RESOLUTION ESTABLISHING STANDARDS FOR SEATING AREAS RECOMMENDATION: Adopt Resolution BACKGROUND: COUNCIL AGENDA DATE: 6/6/94 ITEM NO.c:;91.--- RESTAURANT OUTDOOR On April 27, 1994 the Planning Commission considered this matter and recommended adoption. DISCUSSION: Outdoor seating has become a popular choice for restaurants, especially downtown. Outdoor seating generally adds to the pedestrian orientation of the downtown and provides a pleasant dining experience. The Town began regulating outdoor seating in the early 1980's to ensure that the location and number of seats did not obstruct the public right-of-way. The Town also wanted to control outside service of alcoholic beverages. While outdoor seating can be aesthetically pleasing, standards should promote public safety. The Alcoholic Beverage Policy recently adopted by Council includes a provision that requires adequate separation of the outdoor dining area from public ways so that there is no question where eating and drinking are lawfully permitted. The Police Department has a representative on the Development Review Committee to review outdoor seating applications. PREPARED BY: »ter. LEE E. BOWMAN PLANNING DIRECTOR (Continued, Page 2) LEB:KH:mb 6/1/94 8:39 am mb10:\cnclrpts\outdoor.std File # ATTACHMENTS: 1. Draft Resolution 2. Minutes from April 27, 1994 Planning Commission meeting DISTRIBUTION: Chamber of Commerce, P. O. Box 1820, Los Gatos, CA 95031 Reviewed by: Attorney Clerk V Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: STANDARDS FOR RESTAURANT OUTDOOR SEATING AREAS June 1, 1994 Over the last few years, the Town has made an effort to provide written policy direction to applicants. The Architectural Standards Committee recommends the following basic standards to address aesthetics and public safety for outdoor dining: 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a conditional use permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property. The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation shall be designed to dearly suggest that alcohol is not allowed outside the restaurant seating area. 4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold harmless agreement shall be recorded releasing the Town from any liability related to the outdoor seating. 5. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. The Town has been applying most of these standards for some time except for the hold harmless agreement. This would be required when outdoor seating is immediately adjacent to the public right-of- way and the liability of the Town is more at risk. FISCAL IMPACT: None RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING STANDARDS FOR OUTDOOR RESTAURANT SEATING WHEREAS, outdoor restaurant seating can be an enjoyable experience, the orderly placement and aesthetics must be regulated to protect the public health, safety and welfare. RESOLVED: Exhibit A, the Standards for Outdoor Restaurant Seating are adopted. PASSED AND ADOPTED at a day of , 1994, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: A'r1i,ST: meeting of the Town Council held on the MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA m b 10\ R E SO\OUT DOOR. STD ATTACHMENT 1, ! • STANDARDS FOR OUTDOOR RESTAURANT SEATING 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a conditional use permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property. The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation shall be designed to clearly suggest that alcohol is not allowed outside the restaurant seating area. 4. For outdoor seating areas immediately adjacent to the public right-of- way, a hold harmless agreement shall be recorded releasing the Town from any liability related to the outdoor seating. 5. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. mb1O\misc\outdoor.std EXi A PLANNING COMMISSION MINUTES --13 April 27, 1994 NEW OTHER BUSINESS ITEM 6 Standards for outdoor seating of restaurants No one from the audience wished to discuss this issue. Comm. Pacheco asked that plant material be specified as "living" plant material. Also reference to planters should be that they be rectangular and in scale with the site. Comm. Jensen stated she thought should allow for a variety in planters. Comm. Decker thought something should be done about maintenance and was there a plan for what goes downtown. Bowman stated this was about what goes on private property not what is in the public right- of-way. Jensen stated the Architectural Standards Committee discussed this because people wanted to sit outside at eating establishments and there was no Town policy but there was a police department policy that there should be a barrier between the people sitting and people walking because there was some concern that people pass alcoholic beverages to pedestrians on the sidewalk. This was developed to address that concern. (Comm. Morgan left at 11:10 p.m.) Comm. Chase stated property owners should understand that there was to be a barrier and that there would be planters but should not tell them how to design them, although the Town would still have design review on the project. Don't want to be too specific or become the architect on this. MOTION Chair Rudolph moves, seconded by Comm. Decker, to recommend the Standards for Restaurant Outdoor Seating Areas to the Town Council including the suggested amendment that it be specified plants should be of "living" plant material. Town Attorney Anderson stated these standards would be applied Town -wide. Motion passes unanimously, 6-0. AYES: Commissioners Abkin, Chase, Decker, Jensen, Pacheco and Rudolph NOES: None ABSTENTIONS: None ABSENT: Commissioner Morgan ATTACHMENT 2 RESOLUTION 1994-78 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING STANDARDS FOR OUTDOOR RESTAURANT SEATING WHEREAS, outdoor restaurant seating can be an enjoyable experience, the orderly placement and aesthetics must be regulated to protect the public health, safety and welfare. RESOLVED: Exhibit A, the Standards for Outdoor Restaurant Seating are adopted. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6th day of June, 1994, by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA mb 10\ RESO\O UTDOO R.STD STANDARDS FOR OUTDOOR RESTAURANT SEATING 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a conditional use permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property. The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation shall be designed to clearly suggest that alcohol is not allowed outside the restaurant seating area. 4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold harmless agreement shall be recorded releasing the Town from any liability related to the outdoor seating. 5. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. mb10\misc\outdoor.std STANDARDS FOR OUTDOOR RESTAURANT SEATING 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a conditional use permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property. The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation shall be designed to clearly suggest that alcohol is not allowed outside the restaurant seating area. 4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold harmless agreement shall be recorded releasing the Town from any liability related to the outdoor seating. 5. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. mb 10\m isc\outdoor.std June 6, 1994 Los Gatos, California FEES AND CHARGES CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to delete the $250 appeal fee from the new schedule. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to delete the tree removal permit fee from the schedule. This to be done to encourage participation in the tree preservation program and alleviate circumvention of the process. This should encourage discussion with the town arborist on the policies of the town tree program and educate those who are requesting tree removals. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to remove the Historic Preservation Committee fee from the fee schedule. Historic preservation is encouraged in town and the additional fee could he viewed as an obstruction to preservation but the non fee will show the town's support and encouragement of preservation principles. Only the normal construction fees of any other home should apply to the historic structures. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING CERTAIN DEPARTMENTAL FEES. RATES AND CHARGES, AND AMENDING CERTAIN FEES. RATES AND CHARGES, and incorporating the previous decisions. Carried unanimously. VERBAL COMMUNICATIONS Hillside Water: Jo Bartlett, College Ave, spoke of sufficient water for the hillsides in consideration of hillside fire hazards. Stated that the water company should pay for the improvements. CAPITAL IMPROVEMENT PROGRAM/1994-1999/RESOLUTION 1994-77 (22.06) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1994-99 CAPITAL IMPROVEMENT PROGRAM. Carried unanimously. PARKING CONTROL/DOWNTOWN/REVENUE POTENTIAL (23.41) Council consensus to place this question on the town's financial forum July 23rd at St. Mary's and to accept report on downtown parking control and revenue potential. Carried unanimously. Susan Strehlow, Chamber of Commerce, asked for some additional time to approach the Chamber membership regarding this proposal. RESTAURANTS/OUTDOOR SEATING AREAS/RESOLUTION 1994-78 (25.47) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING STANDARDS FOR OUTDOOR RESTAURANT SEATING. Carried unanimously. ROAD IMPACT FEE/HEAVY VEHICLE PERMIT FEE/ORDINANCE INTRODUCTION (26.05) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. TC: D6: MM060694 6