Draft Mins 03.16.16DRAFT
MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING
MARCH 16, 2016
The Planning Commission of the Town of Los Gatos conducted a Special Meeting on Wednesday, March
16, 2016, at 7:00 pm.
MEETING CALLED TO ORDER
Chair Badame called the meeting to order at 7:00 pm.
ROLL CALL
Present: Chair Mary Badame, Vice Chair D. Michael Kane, Commissioner Charles Erekson,
Commissioner Matthew Hudes, and Commissioner Tom O’Donnell
Absent: Commissioner Kendra Burch, Commissioner Melanie Hanssen
PLEDGE OF ALLEGIANCE
Commissioner Erekson led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
Desk Item for Item 2.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
None.
VERBAL COMMUNICATIONS (AUDIENCE)
None.
CONSENT CALENDAR
1. Approval of Minutes – None
CONTINUED PUBLIC HEARINGS
2. Town Code Amendment A-15-005
Applicant: Town of Los Gatos
Project Planner: Monica Renn
Consider amendments to Section 29.10.150 of Chapter 29 of the Los Gatos Town Code to
revise required parking requirements for restaurants.
Chair Badame opened the public hearing.
Monica Renn, Economic Vitality Manager, presented the staff report.
Commission members asked questions of staff.
Michael Strahs
- Commented that he represents Federal Realty Investment Trust, known for Santana Row and
Old Town Center. They disagree with some of staff’s recommendations. In general they are okay
with the decoupling, as long as two guiding principles are respected: restaurants should have
more parking than retail, and a bigger restaurant should have more parking than a smaller
restaurant.
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Planning Commission Minutes March 16, 2016
Commission members asked questions of Mr. Strahs.
Jim Foley
- Commented that he is in favor of decoupling. What is in place now doesn’t make sense, there are
businesses that suffer for it, and it is a deterrent to new restaurants coming to town. The reality
occurring downtown does not reflect what the requirements are and everyone’s CUPs. It should
be all about safety; whatever governing body is in place with respect to safety and occupancy
should dictate how a restaurant can operate.
Commission m embers asked questions of Mr. Foley.
Maria Ristow
- Commented that knowing the number of approved seats in a restaurant does not tell them how
many seats are actually there, and asked if it is possible to do an audit. She wondered how
outdoor seating plays into the situation, and suggested they may want to decouple it from parking
spaces if Los Gatos becomes a more walkable town.
Larry Arzie
- Commented that regulations tying seats to parking are part of a restaurant’s business plan, and to
change those regulations would put other businesses at a disadvantage. Coupling seats to
parking fairly provides parking for both restaurant and retail uses, as it was designed to do. He is
a non-restaurant use landlord. The current regulations work and are fair to all.
Commission m embers asked questions of Mr. Arzie.
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission mem bers asked questions of staff.
Commission members discussed the matter.
MOTION: Motion by Commissioner Erekson to recommend the Town Council
amend Town Code Section 29.10.150 of Chapter 29 to decouple seating
from the parking requirements for restaurants, and to continue the public
hearing for Town Code Amendment A-15-005 to a date uncertain.
The motion failed due to lack of a second.
Commission members asked questions of staff.
Commission members discussed the matter.
MOTION: Motion by Commissioner Hudes to recommend to Town Council
decoupling parking from seats; require the parking requirements for
restaurants be one parking space per 150 square feet of gross floor
area, and that the maximum number of seats for the restaurant shall be
determined based on one seat per every 22 square feet of dining area. In
no case shall the seating exceed the fire code.
Seconded by Vice Chair Kane.
Commission members discussed the matter.
Commission members asked questions of staff.
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Planning Commission Minutes March 16, 2016
VOTE: Motion failed 2-3 with Chair Badame, Commissioner Erekson, and
Commissioner O'Donnell opposed.
Commission members asked questions of staff.
MOTION: Motion by Commissioner O'Donnell to recommend to the Town
Council decoupling parking from seats; require the parking requirements
for restaurants be one parking space per 150 square feet of gross floor
area, and that the maximum number of seats for the restaurant shall be
determined based on one seat per every 40 square feet of dining area. In
no case shall the seating exceed the fire code.
The motion failed for lack of a second.
Commission members discussed the matter.
MOTION: Motion by Commissioner O’Donnell to recommend to the Town
Council decoupling parking from seats, with the decoupling requiring
approval of what would be substituted for the present measurement; and
that 150 square feet was the factor used to determine how many
seats/patrons were allowed versus 40 square feet to determine the
maximum number of seats allowed.
Seconded by Vice Chair Kane.
Commissioner Hudes requested the motion be amended to include: the seating not exceed fire
code; and that the staff look at not only one seat per 40 square foot, but look at the other numbers
that were discussed, including one seat per 22 square feet.
The maker of the motion accepted the amendment to the motion.
The seconder of the motion accepted the amendment to the motion.
VOTE: Motion passed 3-2 with Chair Badame and Commissioner Erekson
opposing.
NEW PUBLIC HEARINGS
None.
NEW OTHER BUSINESS
3. Report from Community Development Director, Joel Paulson
• Town Council met 3/15/16; discussed a recommendation from the Policy Committee
regarding formula retail and Ordinance 2021, and remanded the items to the Policy
Committee for additional work.
• The Planning Commission will consider the North 40 Phase 1 development application on
March 30, 2016, at 7:00 pm in the Council chambers.
4. Commission Matters
• None.
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Planning Commission Minutes March 16, 2016
ADJOURNMENT
Meeting adjourned at 9:08 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, March 16, 2016
___________________________________________
Mary Badame, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Community Development Director