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Attachment 3TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: March 16, 2016 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT: APPLICATION SUMMARY: RECOMMENDATION: CEQA: FINDINGS: ACTION: EXHIBITS: BACKGROUND: Monica Renn, Economic Vitality Manager mrenn ?Iosi&atosca.gov Town Code Amendment Application A-15-005 Town Wide Town of Los Gatos ITEM NO: 2 Consider adoption of amendments to Section 29.10.150 of Chapter 29 (Zoning Regulations) of the Town Code to revise the parking requirements for restaurants. Forward to Town Council with a recommendation for adoption. It has been determined that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b)(3)]. The Planning Commission must make a finding that the Code amendments are consistent with the General Plan if the recommendation is for adoption. Recommendation to Town Council. Previously received with January 13, 2016 Staff Report: 1. December 15, 2015 Town Council Meeting Verbatim Minutes 2. December 15, 2015 Town Council Staff Report 3. December 15, 2015 Town Council Addendum Report 4. Draft Town Code Amendments Previously received with January 13, 2016 Desk Item: 5. Public Comment 6. Public Comment received regarding October 6, 2015 Town Council Meeting The Planning Commission began discussing this topic at their January 13, 2016 meeting. Following their discussion the item was continued to a special meeting on March 16, 2016 with direction to have staff provide additional information. Planning Commission Staff Report - Page 2 Restaurant Parking Ordinance /A-15-005 March 16, 2016 The Council has asked the Planning Commission for a recommendation on the following: 1. Should the Town Code be amended to unlink seating from parking requirements for restaurants? 2. If so, what metric should the Town use to regulate seating capacities in restaurants? a. Seats based on square footage; b. Seats based on Fire Code occupancy; or c. Some other metric. DISCUSSION: At their January 13, 2016 meeting the Commission requested that staff provide greater public notification that this item was being discussed and provide information regarding existing restaurants in Town. These requests are discussed below. Additional Outreach Staff reached out to the Los Gatos Weekly and requested that they provide coverage on this topic. An announcement was included in the March 4, 2016 edition of the Weekly Times. Additionally, staff will post information on other media outlets including What's New, Faccbook, and Next Door to provide additional notification to the community. Information on Other Restaurant Spaces Staff had hoped to compile a number of samples as requested by the Planning Commission. Unfortunately, staff resources and challenges with Laserfiche data proved to be more challenging than expected and has not been provided with this report. Staff will try to compile data samples to provide to the Planning Commission prior to the meeting. Traffic Impacts Traffic concerns were raised at the Commission's last meeting. Staff has evaluated potential traffic impacts that may be associated with allowing the potential for some restaurants to increase their seating. After evaluating ITE data for restaurants staff has determined that modifying the Code to allow a calculation for seats based on square footage will not create any additional traffic impact if the ratio is one seat per 40 square feet or greater. Calculation Options Seating calculation methods most widely used in the State of California include maximum Fire Code occupancy, seats per parking space, seats per square footage, or some combination of the three. Many jurisdictions that use a method other than maximum Fire Code occupancy have different seating allowances for their Downtown establishments and other commercial zones. Planning Commission Staff Report - Page 3 Restaurant Parking Ordinance IA-15-005 March 16, 2016 Separating parking requirements from seats would not change the number of parking spaces buildings are required to maintain to meet the square footage calculations governed by Section 29.10.150. For those properties located within the former Parking Assessment Districts that purchased extra spaces within the district, they would still maintain their full parking inventory. The only difference is that seats would be regulated by Fire and Building Code or some other metric such as square footage. CEQA DETERMINATION: The project is exempt from environmental review pursuant to CEQA Guidelines under the General Rule [Section 15061 (b) (3)] because it can be seen with certainty that the proposed Town Code amendments will have no significant negative effect on the environment. CONCLUSION AND RECOMMENDATION: A. Conclusion Staff has provided some limited additional information in this report for the Commission's continued discussion on this matter. The Planning Commission raised concerns regarding stairs recommendation of using Fire Code to determine seating for restaurants at the last meeting. Staff recommends the Commission continue their discussion of other potential options for regulating seating for restaurants. The following questions may help the Commission focus their continued discussion of this matter. 1. Should the Town Code be amended to unlink seating from parking requirements for restaurants? 2. If so, what metric should the Town use to regulate seating capacities in restaurants? a. Seats based on square footage; b. Seats based on Fire Code occupancy; or c. Some other metric. B. Recommendation For the reasons discussed in this report and the report that was previously received, staff recommends that the Planning Commission continue their discussion and forward the draft Town Code amendments to the Town Council with a recommendation for adoption. The Commission should also include any comments or recommended changes to the draft Town Code amendments in taking the following actions: 1. Find that there is no possibility that this project will have a significant impact on the environment; therefore the project is not subject to the California Environmental Quality Act [Section 15061 (b) (3).]. Planning Commission Staff Report - Page 4 Restaurant Parking Ordinance /A-15-005 March 16, 2016 2. Make the required finding that the Town Code (Zoning Regulations) Amendments are consistent with the General Plan; and 3. Forward a recommendation to Town Council for adoption of the amendments to the Town Code (Exhibit 4). ALTERNATIVES: Altematively, the Planning Commission may: 1. Forward a recommendation to the Town Council for adoption of the Town Code amendments with modifications; or 2. Forward a recommendation to the Town Council for denial of the Town Code amendments. prepared by: Monica Renn Economic Vitality Manager proved by: Joel Paulson, AICP Interim Community Development Director N:`,DEV\PC REPORTS12016Aestaurant Prking Ord Special Meeting 3-16-16 [A-I5-005).docx TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: March 16, 2016 PREPARED BY: Monica Renn, Economic Vitality Manager mrenncaIosgatosca.gov APPLICATION NO: Town Code Amendment Application A- 5-005 LOCATION: Town Wide APPLICANT: Town of Los Gatos ITEM NO: 2 DESK ITEM APPLICATION SUMMARY: Consider adoption of amendments to Section 29.10.150 of Chapter 29 (Zoning Regulations) of the Town Code to revise the parking requirements for restaurants. RECOMMENDATION: Forward to Town Council with a recommendation for adoption. CEQA: FINDINGS: It has been determined that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b)(3)]. The Planning Commission must make a finding that the Code amendments are consistent with the General Plan if the recommendation is for adoption. ACTION: Recommendation to Town Council. EXHIBITS: Previously received with January 13, 2016 Staff Report: I . December 15, 2015 Town Council Meeting Verbatim Minutes 2. December 15, 2015 Town Council Staff Report 3. December 15, 2015 Town Council Addendum Report 4. Draft Town Code Amendments Previously received with January 13, 2016 Desk Item: 5. Public Comment 6. Public Comment received regarding October 6, 2015 Town Council Meeting Received with this Desk Item: 7. Sample Data for Ten Existing Restaurants (one page) Planning Commission Staff Report - Page 2 Restaurant Parking Ordinance /A-15-005 March 16, 2016 REMARKS: The attached table (Exhibit 7) contains data regarding ten existing restaurants. The first five samples are for restaurants outside of Downtown and the last five are from Downtown. Staff will be available to answer questions regarding this information at tonight's meeting. Pr pared by: Monica Renn Economic Vitality Manager approved by: 4oel Paulson, AICP Community Development Director N:\DEV\PC REPORTS12016\Restaurant Parking Ord Special Meeting 3-16-16Desk.docx Seats Allowed at 1 Per 40 Square Feet c N 03 0 ci., In r1 Q .ti rry .-1 In 1, m N v, 00 Ln .-I Square Feet Per Seat in Dining Area m O Ln 1-4CVfV 27.78 . M ul I` •00 37.33 N f` IV .- 00 O 1,1 Q1 N u1 ul tD rl 22.79 Square Feet Per Seat Gross Area .--I .-1 m N .-1 <t CO • .N-1 m m W 1, N CO Q1 V) tD V .i V 37.7 V rf M 71.43 Approved Seats N N1-1 al O 24 ti CV 149 CO ti N 28 On -Site Parking Shopping Center Shopping Center Shopping Center Shopping Center Shopping Center O 4-1 O Shopping Center 0 Required Parking Based on Seats M N M en M M CO u1 en m• n Q1 V N f` ~ Required Parking (1/235) r` m co O m 5.52 n LO C v Vi NA NA NA NA I 11 2000 ( 638 6.67 NA Required Parking (1/300) NA NA NA NA NA v o N o .-1 N Dining Area Square Feet Ln O .-1 Lei N lD m $ 560 500 O� m ..-1 .--i 3575 1 Gross Square Feet 2108 V 7 N ..I,.D .L-. 1279 1487 ti 3167 Le) LD 1 14 m U 0 W u- QZ a A A A 0'q �� tt