Proposed Revisions to Zoning Code to Address Restaurants in the DowntownDATE:
TO:
FROM:
SUBJECT:
DISCUSSION:
MEETING DATE: 2-24-96
ITEM NO.
Planning Commission
COUNCIL AGENDA REPORT (3) . a.
February 21, 1996
MAYOR AND TOWN COUNCIL
LARRY E. ANDERSON, TOWN ATTORNEY
PROPOSED REVISIONS TO ZONING CODE TO ADDRESS
RESTAURANTS IN THE DOWNTOWN
The Council has had a number of discussions regarding concerns about a possible imbalance in retail and restaurant uses
in the Downtown that might jeopardize the Downtown's community appeal. Attachment 1 is the report submitted to
the Council late last year regarding the issue. At the Council Workshop in January, the Council directed staff to prepare
proposed changes to the Zoning Code that would:
1) Require review by the Planning Commission of all applications for conditional use permits for
restaurants in the Downtown. Currently, DRC can approve minor restaurants in the Downtown. The
Council decided not to explore minimum seating or plumbing requirements to encourage more formal
restaurants.
2) Discourage conversion of retail use to restaurant use and over -concentration of restaurants in the
Downtown.
Staff has drafted the attached proposal (Attachment 2 is a redlined version for reference; Attachment 3 is the draft
ordinance). It would lift review of all restaurants in the Downtown to the Planning Commission. As guidelines for
review of conditional use permits for restaurants in the Downtown, staff suggests a 3-step analysis:
a) No conversion of existing retail to restaurant use; nor
b) Over -concentration in a given area as defined by ground -floor square footage or frontage percentage
in a specified radius; except
c) The Commission or the Council could approve the use if it found that the proposed project would
retain the continuity of an inviting retail frontage.
It is important to establish guidelines so that the Commission or the Council is not faced with having to decide whether
a specific type of restaurant, such as vegetarian buffet, is needed in the Downtown. As the Town has learned from other
types of uses such as sports clinics, it is often better to identify the use generically, sit-down or fast food restaurant,
rather than Northern Hungarian or Scot Lowland, because the restaurant type or owner can change in an instant.
If this approach is acceptable to the Council, Planning staff will develop suggested percentages and distance
measurements that take into consideration existing conditions in the Downtown, block sizes, and streetscape measures.
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
Reviewed by:anager Finance
Revised: 2/21 /96 12:52 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Proposed Revisions to Zoning Code to Address Restaurants in the
Downtown
February 21, 1996
Attachments:
1. Report submitted to the Council late last year regarding the issue.
2. Redlined version of proposal.
3. Draft Ordinance.
N:\ATY\DTRRST.TCR
Date: November 3, 1995
For: November 6, 19 5Mayor's Meeting
From: Lee E. Bowma ,Planning Director
Subject: Restaurants Alternatives Study
Discussion: At the February 25, 1995 study session, the Council made the following
requests concerning restaurants in the Downtown:
a. Formulate rule whereby restaurants have to go to conceptual review before
application
b. Create policy statements discouraging restaurants
c. Find ways to identify what kinds of restaurants we want and where we want
them
First, we updated our list of restaurants and their status as to the number of seats, type of
alcohol license and whether they have a Conditional Use Permit. The results are
summarized in the tables in Exhibit A. The information about conditional use permits is
still not complete. This is important since most of the restaurants which do not have a
current conditional use permit will be required to get one before August, 1997.
The C-2 zone covers the main area of Downtown (south of Los Gatos Saratoga Rd, west
of Highway 17, and E. Main from the bridge to Church St). The Downtown Specific Plan
covers a larger area, extending up to Blossom Hill Rd on the west side of Highway 17 and
the full length of E. Main St., but for this report the statistics for Downtown are limited to
the C-2 zone.
Fiftynine of the 119 establishments (49.6%) are located in the C-2 zone, comprising 4263
seats of the 8237 authorized seats (51.8%). Bars are only permitted in the C-2 Zone, so
4 of the 6 bars in Town are in the C-2 zone. The two bars outside the C-2 zone are
nonconforming and are subject to an amortization schedule. Fortyfive percent of the
establishments with beer and wine licenses and 63.2% of the establishments with full
licenses are located in the C-2 zone.
Twentythree of the 55 restaurants in the C-2 zone do not have an ABC license, 14 have
a seating capacity of 25 or less. This would place them in the category of a minor
restaurant (see definition below):
1 ATTACHMENT 1 "pm $1M
Sec. 29.10.020. Definitions.
Restaurant means a retail food service establishment in which food or beverage is
prepared, served and sold to customers for on -site or take-out consumption.
Restaurant, drive-in means a restaurant where food or beverages are sold to be eaten
in vehicles whether on or off the premises or are delivered directly to the occupants of vehicles.
Restaurant (minor) means any restaurant that satisfies the following criteria:
(1) Provides less than 25 seats;
(2) Serves no alcoholic beverages;
(3) Proposes no significant exterior changes that would alter the architectural
character of the building; and
(4) Provides a net increase of Tess than five peak hour traffic trips.
These restaurants mostly fall into the class referred to as "fast food" and seem to be the
ones that the Council was concerned about. However, due to the method of calculating
parking requirements in conjunction with the provisions of the parking assessment district
(see below), this is the only type of new restaurant that can locate downtown.
DIVISION 4. PARKING
Sec. 29.10.145. Requirements generally.
(c) Authorization of buildings or uses. No building or use which is a lawful
nonconforming use as to the requirements of this division shall be expanded through an
increase in the number of living units or gross floor area, or modified or changed through an
increase in seating capacity, number of persons employed or otherwise, unless the number
of additional off-street parking spaces necessitated by such remodeling, expansion,
modification or change under the provisions of this division are provided.
(e) Mixed uses. When mixed uses are located on the same lot or parcel, or within the
same building, the sum total of the required parking for the individual use shall apply.
(f) Spaces for one use only. An off-street parking space for one (1) use shall not be
considered to provide a required off-street parking space for any other use, except in the case
of an alternating use approved by the deciding body as hereinafter provided.
Sec. 29.10.150. Number of off-street spaces required.
(a) Intent. The regulations contained in this section are intended to insure the provision
of a sufficient number of off-street parking spaces privately and publicly owned and operated
to satisfy needs generated by permissible uses.
(b) Parking requirements for downtown. In addition to other parking requirements, one
visitor parking space for each residential unit other than detached single-family or two-family
dwelling shall be required unless the Planning Commission makes a finding that more or less
visitor parking is necessary due to the size or type of housing unit(s). The parking requirement
for various uses in the downtown are as follows:
(1) Retail and commercial stores and shops. One (1) parking space for each
three hundred (300) square feet of gross floor area.
(2) Business and professional offices, banks, financial institutions, insurance
• companies, social service agencies and studios. One (1) parking space for
each two hundred fifty (250) square feet of gross floor area.
2
(3) Restaurant (no separate bar). One (1) parking space for each four (4) seats.
(4) Restaurant (separate bar). One (1) parking space for each three (3) seats.
(5) Bars, taverns and nightclubs. One (1) parking space for each three (3) seats.
(6) Theaters. One (1) parking space for each three hundred (300) square feet
of gross floor area.
(7) For uses not specifically listed in this subsection the requirements shall be as
set forth in subsection (c).
(c) Outside downtown parking requirements. The number of off-street parking spaces
required for areas outside the downtown is set in this subsection. When a use is not listed in
this subsection, the Planning Director shall determine the parking requirements by analogy to
the requirements for the listed uses. In addition to other parking requirements, one visitor
parking space for each residential unit other than a detached single-family or two-family
dwelling shall be required, unless the Planning Commission makes a finding that more or less
visitor parking is necessary due to the size or type of housing unit(s).
(9) Retail and commercial stores and shops. One (1) parking space for each two
hundred thirty-five (235) square feet of gross floor area.
(10) . Business and professional offices, banks, financial institutions, insurance
companies, social service agencies and studios. One (1) parking space for
each two hundred thirty-five (235) square feet of gross floor area.
(11) Household fumiture, appliances and furniture repair shops. One (1) parking
space for each three hundred fifty (350) square feet of gross floor area.
(15) Public eating establishments, taverns, and nightclubs. One (1) parking space
for each three (3) seats in such public eating establishments, taverns or
nightclubs.
(e) Alternating uses. Where uses are required by this division to be served by off-street
parking spaces, and where some of the uses generate parking demands primarily during
hours when the remaining uses are closed, alternating use of the space is allowed, but only
if specifically authorized by conditional use permit. Issuance of the permit must be supported
by findings that the alternating use of such spaces will not result in the effective provisions of
fewer off-street parking spaces than required by this division. The permit may contain such
conditions as are necessary to assure the facts found will continue to exist, including:
(1) Submission of satisfactory statements by the party or parties providing the
proposed alternating parking, describing the users and their times of
operation, and showing the absence of conflict between them;
(2) Written agreements between the parties setting forth the terms and
conditions under which the off-street parking spaces will be operated;
(3) Documents showing maintenance provisions; and
(4) Other documents or commitments deemed necessary.
Whenever off-street parking spaces are authorized to serve alternating uses, the number of
spaces required shall be based upon the use which generates the largest number required.
(f) Properties in parking districts. Required spaces in parking districts shall be as
follows:
(1) For any building or open-air use in a public parking district, the number of
required off-street parking spaces is:
a. None, when the gross floor area of the building and open area
occupied by a use, combined, do not exceed the area of the building
and open area occupied when the district is formed; or
b. When the area (imitation in subsection (f)(1)a. is exceeded or the
use is intensified, the required number is derived only on the basis
of the excess area.
(2) The creation of a parking assessment district relieves those properties
3
(5)
located within the district which were nonconforming as to parking from
having to supply on -site parking spaces in accordance with subsection (b).
The assessment formula was based on a number of factors that included
existing floor area, existing use, in some cases potential floor area and
included credits for existing on -site parking spaces and for participation in
past assessment districts.
The Planning Director shall develop a table using the floor area, parking and
previous assessment district information used to calculate the parking
assessment and translating that information into a parking credit based on
the parking requirements set forth in subsection (b).
When an application is filed to intensify the use within an existing building or
to expand an existing building, this information will be used to calculate the
amount of on -site parking, if any, that will be necessary to comply with the
parking requirements set forth in subsection (b).
Any parking spaces that are credited in the parking assessment district
calculation may not be eliminated.
As far as making it more difficult for these types of restaurants to locate downtown, Council
has instituted policies that actually make it easier. All restaurants require a Conditional
Use Permit, however, in 1993 as part of the streamlining process that the Council
requested for all types of zoning approvals, the authority to approve applications for "Minor
Restaurants" was transferred to the Development Review Committee. The requirements
for Conditional Use Permits and the assignment of duties is as follows:
Sec. 29.20.180. Conditional use permits.
The adoption of this chapter is based on the premise that there are uses which can
be specified for each zone which, in practically all instances, will be mutually compatible. In
addition, there are other uses which might be compatible with ordinarily allowed uses if
property located and regulated. These are called conditional uses. They are listed in section
29.20.185. However, the listing of a conditional use does not indicate that the use must be
allowed. There will be locations or instances where a specified conditional use is inappropriate
in a zone regardless of the extent of regulation.
Sec. 29.20.185. Table of conditional uses.
An ''X" indicates that an activity is allowed in a zone if a conditional use permit is
issued. Activities listed in this table are only allowed where a conditional use permit is issued,
or where the activity is specifically listed in the permitted uses for the zone.
TABLE OF CONDITIONAL USES
gC Hg El RQ R-M R-1 D RMH Q Q=1. C:2- i LM
(1) High traffic generators
a. Banks X X X
b. Savings and loan office X X X
c. Drive -up window for any business X X X
d. Supermarket X X X
e. Super drugstore X X X
f. Department store X X X
g. Shopping center X X X
4
RC R1 EQ R-M R-iQ RMH Q.
QE LM QM
h. Motel X X
Hotel X X
j. Restaurant including those with X X X X X
outdoor dining areas or takeout food
k. Establishment selling alcoholic beverages for consumption on premises
1. In conjunction with a restaurant X X X
2. Without food service (bar) X
I. Commercial recreation and amusement establishment X X X
m. Theater X
n. Outdoor entertainment X
Sec. 29.20.190. Findings and decision.
The deciding body, on the basis of the evidence submitted at the hearing, may grant
a conditional use permit when specifically authorized by the provisions of this chapter if it finds
that:
(1) The proposed uses of the property are essential or desirable to the public
convenience or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements
or objectives of the general plan and the purposes of this chapter.
Sec. 29.20.195. Conditions.
In approving a conditional use permit, time extension or modification thereto, the
deciding body may include such conditions as are reasonable and necessary under the
circumstances, to preserve the integrity and character of the zone and to secure the general
purposes of this chapter and the general plan. Such conditions, without limiting the discretion
and authority of the deciding body, may include time limitations, architecture and site approval,
street dedication, street and drainage improvements, and additional parking.
Sec. 29.20.318. Modification of operating hours of establishments serving alcoholic
beverages.
(a) Notwithstanding section 29.20.310, if the Town Manager determines that there is
cause to believe that any establishment serving alcoholic beverages may be in violation of the
Alcoholic Beverage Policy adopted by the Council, the Town Manager will cause a notice of
violation to be mailed to the current owners of the property and establishment as disclosed in
the most recent County assessor's roil and the Town business license files. This notice will
describe the alleged violations.
(b) If the Town Manager determines that the alleged violations have not been abated
within the time frames set forth in the Manager's notice of violation, the Town Manager may
cause a notice of hearing to be mailed to the current owners of the property and establishment
as disclosed in the most recent County assessor's roll and the Town business license files.
The notice of hearing will include a description of the violations and specify a time and place
for an administrative hearing before the Manager or the Manager's designee. The hearing will
occur no earlier than fifteen (15) days after the mailing of the notice of hearing. The owners
shall be entitled to present evidence regarding the matter and to respond to the alleged
5
violations. If the owners fail to appear at the hearing, the Manager or designee may proceed
to decide the matter without their presence.
(c) If after the hearing, the Manager or the Manager's designee determines that the
establishment is in violation of the Town's Alcoholic Beverage Policy, the Manager or the
Managers designee may limit the hours of operation of the establishment, up to and including
closure no later than 10:00 p.m. until the Manager or the Manager's designee determines that
the violations have been abated. Upon determination that the violations have been abated, the
Manager will notify the owners of the property and the establishment that the establishment
is in compliance and will increase the operating time limits as the Manager or designee
determines is appropriate in light of the violations that occurred and the abatement steps
taken. The decision of the manager shall be effective immediately and the establishment shall
immediately conform its hours of operation to the Manager's order.
(d) Any interested person may appeal the decision of the Manager or the Manager's
designee to the Council as if it were a decision of the Planning Commission pursuant to
section 29.20.275 and following. During pendency of the appeal, the establishment shall
conform to the hours set by the Manager's order.
(e) In no event will the Town Manager or the Manager's designee have authority to
restrict the hours of operation to a time before 10:00 p.m. If the Manager determines that such
a further restriction, modification of other elements of the establishment or use permit, or
revocation are appropriate, the Manager will request the Planning Commission to consider the
matter pursuant to section 29.20.310.
Sec. 29.20.745. Development Review Committee.
The Development Review Committee shall:
(1) Regularly review and make recommendations to the Planning Commission
concerning the determination of all matters which come before the Planning
Commission except zoning ordinance amendments, zone changes (not
including rezoning to PD), general plan adoptions and amendments, specific
plan adoptions and amendments, and capital improvement plans.
(8) Determine and issue zoning approval for minor exterior alterations to
commercial buildings.
(16) Determine and issue zoning approval for minor restaurants.
(17) May refer any matter assigned by ordinance to the Development Review
Committee for decision to the Planning Commission for decision.
No Planning Commission action is invalid because of omission of review and
recommendation.
Sec. 29.20.750. Planning Commission.
The Planning Commission:
(8)
(9)
Determines conditional use permit applications except minor restaurants.
Determines applications for architecture and site approval except those items
listed in section 29.20.745.
This division is further evidenced by the Council's action about five years ago which set
up a two tier system for application fees based on a restaurant questionnaire (see below).
It should be noted that there is not a direct relationship between the definition of "minor
restaurant" and the questions on the questionnaire.
6
TOWN OF LOS GATOS
RESTAURANT CONDITIONAL USE PERMIT CHECKLIST
YES NO
1, For existing restaurants, are more than two additional parking _
required?
2. For new restaurants, are more than 10 parking spaces required?
3. Will there be a change in the service of alcoholic beverages?
4. Is this a new application for serving alcoholic beverages?
5. For existing restaurants, is additional floor area being constructed
or utilized? (This does not include the addition of outdoor
seating only.)
6. Is there a history of complaints at the restaurant within the last _
five years?
Excerpt from Fee Schedule:
B. CONDITIONAL USE PERMITS
1) Conditional Use $2,850.00
2) Conditional Use Permit (when consolidated
with another application for new development) $472.00
3) . Conditional Use Permit for restaurant **
Tier One $1,735.00
Tier Two 52,850.00
4) Modification to approved application 75% of current fee
**
spaces
Tier One fee is applicable if all responses on Restaurant Checklist are
"NO". Tier Two fee is applicable if any response on Restaurant Checklist
is "YES".
The trend for downtown areas like Los Gatos is to have more restaurants and
entertainment. The type of restaurants that are preferred are the larger ones with some
type of ABC license. These are the very types that the Town's regulations are
discouraging. This is also the type of restaurant that is already well represented downtown
(e.g. Steamers, California Cafe, Los Gatos Brewing Co., Willow Street Pizza, etc.) Note:
the owners of many of these restaurants have indicated to the Town during the revision
of the alcohol policy process that the Town may have reached saturation.
In addition, the Standards for Waste Reduction in Restaurants being considered by the
Council on the November 6, 1995 agenda might discourage some of the "fast food"
restaurants. (see Exhibit B)
Conclusion: Revisiting the three questions:
1. Formulate rule whereby restaurants have to go to conceptual review
before application
If this rule were to apply to the "fast food" type restaurants only, there would be a
problem of definition, and it would be contrary to the streamlining policies and regulations
adopted by the Town. It could also change the nature of the Conceptual Development
7
Advisory Committee by increasing the number of items going before the committee, and
by making appearance mandatory instead of advisory.
2. Create policy statements discouraging restaurants
This could be done, if the rule applied to all restaurants, otherwise the Town could
be accused of trying to limit competition, however. This could be a problem for the
economic recovery of downtown, since Old Town is proposing to include a number of new
restaurants.
3. Find ways to identify what kinds of restaurants we want and where we
want them
Assuming the Town would want to encourage "high end" restaurants downtown, it
would require significant changes in the parking regulations as well as restrictions for
minimum floor area and number of seats in a restaurant.
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TOTAL C-2 SEATS 1
`TOTAL SEATS
TOTAL # OF C-2 ESTABLISHMENTS
(TOTAL # OF ESTABLISHMENTS
TOTAL B & W SEATS IN C ;2
ITOTAL B & W SEATS
TOTAL FULL ALCOHOL SEATS IN C-2
ITOTAL FULL ALCOHOL SEATS
ITOTAL BAR SEATS IN C-2
TOTAL BAR SEATS
TOTAL B & W ESTABLISHMENTS IN C-2
[TOTAL B & W ESTABLISHMENTS
ITOT: FULL ALCOHOL ESTABLISHMENTS C-2
TOTAL FULL ACHOHOL ESTABISHMENTS
TOTAL BAR ESTABLISHMENTS IN C-2
ITOTAL BAR ESTABLISHMENTS
VACANT RESTAURANTS IN C-2
(TOTAL VACANT RESTAURANTS
AUTHORIZED SEATS IN VACANT RESTAURANTS IN C-2 ZONE
!TOTAL AUTHORIZED SEATS IN VACANT RESTAURANTS
STANDARDS FOR WASTE REDUCTION IN RESTAURANTS
1. All new restaurants that serve meals, shall be required to have a dishwasher and shall use
reusable utensils, plates and cups. Reusable baskets with throw away liners are permiaed.
2. A meal is defined as a combination of food items selected from a mew (breakfast, brunch,
lunch or dinner). Food items such as donuts, muffins, bagels, juice, ice cream, yoghurt,
coffeeltea, appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc.
(hot or cold) are not meals.
3. Existing restaurants without dishwashers shall be permitted to continue but shall be
encouraged to install dishwashers and use reusable utensils.
4. Food to go shall be placed in containers that are made of recycled material. Food is
defined as any food/drink product.
S M 11 \R E PO RTS \R EC Y C LE
EXHIBIT B
b
.—
REDLINED TOWN CODE SECTIONS FOR REFERENCE
Sec. 29.10.020. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them in this section unless the context clearly indicates otherwise:
Downtown means the area encompassed by the downtown specific
plan, as amended from time to time.
Restaurant means a retail food service establishment in which food or beverage is
prepared, served and sold to customers for on -site or take-out consumption.
Restaurant, drive-in means a restaurant where food or beverages are sold to be eaten in
vehicles whether on or off the premises or are delivered directly to the occupants of vehicles.
Restaurant (minor) means any restaurant that satisfies the following criteria:
(1) Provides less than 25 seats;
(2) Serves no alcoholic beverages;
(3)
Proposes no significant exterior changes that would alter the architectural
character of the building; and
(4) Provides a net increase of less than five peak hour traffic trips.
Sec. 29.20.190. Findings and decision.
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of this chapter if it finds
that:
(1) The proposed uses of the property are essential or desirable to the public
convenience or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
ATTACHMENT 2
. }>�r:
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the general plan and the purposes of this chapter.
(5)
A hazardous waste facility proposal is subject to the California Health and Safety
Code, Article 8.7, Section 25199--25199.14 and shall be consistent with the Santa
Clara County Hazardous Waste Management Plan.
(6) Restaurants in the Downtown. The proposed restaurant use will not:
(A) Displace existing retail floor area; nor
(B) Create or increase a high concentration of restaurant uses in the
immediate area.
For purposes of this subsection, "high concentration of restaurant uses in the
immediate area" means that either (i) more than percent ( %) of the
street frontage within feet of the proposed use would be restaurant use if the
use permit were approved; or (ii) more than percent ( %) of the
square footage on the ground floor of the area within feet of the proposed
use would be restaurant use if the use permit were approved.
However, if the deciding body finds that the design and operating elements to be
imposed as part of the conditional use permit will ensure that the restaurant use
will appear as either a retail use from the public right-of-way or will provide
additional streetscape elements, such as seating and openness to the streetscape,
and that will make the restaurant use an integral part of the retail frontage, the
deciding body may approve the permit even though the restaurant use would
displace existing retail use or cause or increase a high concentration of restaurant
uses in the immediate area, or both.
Sec. 29.20.745. Development Review Committee.
The Development Review Committee shall:
(16) Determine and issue zoning approval for minor
restaurants which are located outside Downtown [the C-2
zone] .
N:\ATY\DTREST.RDL February 21, 1996 (10:04am)
Sec. 29.20.750. Planning Commission.
The Planning Commission:
(8) Determines conditional use permit applications cxccp
assigned to the Development Review Committee.
that are not
N:1ATY\DTREST.RDL February 21, 1996 (10:14am)
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF
ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Downtown area of the Town of Los Gatos contains a mix of retail, restaurant, and
associated uses that sustains the economic vitality and historic atmosphere of the area, and is an
essential part of the community. However, too many restaurants concentrated in this one area
would displace retail uses that are vital to continued success and to having businesses that attract
Town residents throughout the day. This ordinance is intended to discourage the displacement of
retail uses by restaurant uses through a careful review process and establishment of guidelines for
evaluating applications for new restaurant uses in the Downtown area.
SECTION II
A new subsection (6) is added to Section 29.20.190 to read as follows:
(6) Restaurants in the Downtown. The proposed restaurant use will not:
(A) Displace existing retail floor area; nor
(B) Create or increase a high concentration of restaurant uses in the
immediate area.
For purposes of this subsection, "high concentration of restaurant uses in the
immediate area" means that either (i) more than percent ( %) of the
street frontage within feet of the proposed use would be restaurant use if the
use permit were approved; or (ii) more than percent ( %) of the
square footage on the ground floor of the area within feet of the proposed
ATTACHMENT 3
i�
use would be restaurant use if the use permit were approved.
However, if the deciding body finds that the design and operating elements to be
imposed as part of the conditional use permit will ensure that the restaurant use
will appear as either a retail use from the public right-of-way or will provide
additional streetscape elements, such as seating and openness to the streetscape,
and that will make the restaurant use an integral part of the retail frontage, the
deciding body may approve the permit even though the restaurant use would
displace existing retail use or cause or increase a high concentration of restaurant
uses in the immediate area, or both.
SECTION III
Subsection (16) of Section 29.20.745 is amended to read as follows:
(16) Determine and issue zoning approval for minor restaurants that are located outside
Downtown [the C-2 zone].
SECTION III
Subsection (8) of Section 29.20.750 is amended to read as follows:
(8) Determines conditional use permit applications that are not assigned to the
Development Review Committee.
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on , 199_ and adopted by the following vote as an ordinance
of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos
on , 199. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3