Item 05 - 50 University Ave, Ste. 180 - Desk Item & Exhibits 12-13" TOWN OF LOS GATOS ITEM NO: 5
DESK ITEM
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PLANNING COMMISSION STAFF REPORT
Meeting Date: September 28, 2016
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT:
PROPERTY OWNER:
CONT ACT PERSON:
APPLICATION
SUMMARY:
EXHIBITS:
Jocelyn Puga, Associate Planner
jpuga@losgatosca.gov
Conditional Use Permit U-16-004
50 University Avenue, Suite 180 (east side of University
Avenu e, approximately 500 feet north ofW. Main Street)
Mark English Architects
Sri Old Town LLC
Steve Hauck, Wine Cellar
Requesting approval to modify an existing Conditional Use
Permit for a restaurant (Wine Cellar) to allow for an increase of
60 additional seats, to modify the distribution of existing seating,
and to allow entertainment before I 0:00 p.m. on property zoned
C -2:LHP:PD. APN 529-02-044.
Previously received with September 28, 2016 Staff Report:
1. Location Map
2. Findings (one page)
3. Recommended Conditions of Approval (four pages)
4. Resolution 2005-092 and the Existing Conditions of
Approval (five pages)
5. Town Alcoholic Beverage Policy, including Exhibit A (six
pages)
6. Planned Development Ordinance 2025 (20 pages)
7 . Project Descriptio n (one page), received August 9 , 2016
8. Letter of Justification (two pages), received August 9, 2016
9. Letter from the landlord approving the allocation of parking
(one page), received June 7, 2016
I 0. Policy Number 1-03 Regulating Late Night Entertainment,
dated June 22 , 2016 and Council Agenda Report, dated June
13 , 2016 (seven pages)
11. Development Plans, received August 9, 2016 (five pages)
Received with this Desk Item Report:
12. Public comment received by 11 :00 a.m., Wednesday
September 28 , 2016
I 3 . Conditional Use Permit U-06 -07 conditions of approval
(three pages)
Planning Commission Staff Report -Page 2
50 University, Suite 180/U-16-004
September 28 , 2016
REMARKS :
Staff received the attached email after distribution of the staff r eport (Exhibit 12).
Additionally, staff has provided the conditions of approval for Conditional Use Permit U-06-07
regulating live entertainment for the amphitheater, pedestrian courtyard adjacent to Steamers,
and the wood deck area adjacent to the front parking lot of the Old T own Shopping Center for
the Co mmission's information (Exhibit 13).
Approved by:
Joel Paul son, AICP
Community Development Director
JSP:JGP:cg
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Planning
From:
Sent:
To:
Subject:
Linda Matulich <matulichl@aol.com >
Wednesday, September 28, 2016 9:48 AM
Planning
Conditional Use permit Application U -16-004
First, I would like to say that as a resident and merchant, I agree we need to encourage the development of
downtown businesses to continue to draw patrons to the downtown area. But, as many of us know the
parking downtown has become an issue that cannot be ignored . Old Town already blocks the underground
parking lots until 10am on a daily basis so these parking slots are not taken by employees, shoppers and other
merchants of businesses in the immediate downtown. The proposed plan asks for 60 additional seats.
Calculating that there would be a maximum of four in a car to a minimum of two per car would mean there
would be an additional 15 to 30 cars parking in the Old Town parking lots or spilling over to the other lots,
which are already at capacity. The streets surrounding the areas are at capacity as well. There used to be
guidelines as to how many parking spaces were required for a business to have in order to be able to develop
or enlarge their capacity. We need to look at this request and take into consideration the effect it will have on
the downtown as a whole .
In regards to the music, there needs to be regulation and enforcement of the volume of the entertainment.
When Cal Cafe had outdoor entertainment or Old Town has had outdoor music in the past, it could be heard
across the street to Elm as well as Mullen and University Ave . This was not muted music, but loud enough to
hear the lyrics being sung. As a business in Old Town we have actually received calls from other business and
comments from our guests as to why the music is so loud, it is heard across the street and in the residential
area of University Ave . Again, I think this could bring customers to our downtown but needs to be properly
regulated. Cal Cafe is currently empty. What happens when they open and both businesses decide to have
outdoor music at the same time. The close proximity of the businesses needs to be taken into consideration as
well. I have walked downtown while Palacio had outdoor music and it could be heard from a block away. As
someone who used to live on a street close to the downtown, we could frequently here the music from any
outdoor entertainment. This also included Jazz in the Plazz.
Can the area surrounding Old Town, as well as Old Town Parking lots, provide enough parking for the request
and how will the mu sic volume be regulated?
Again, I am not against either of the two items being submitted for approval. I am interested in the size of the
reque st and how the music is going to be regulated.I would like the council to consider the request being
submitted for sixty additional seats since it can effect the entire surrounding areas of the downtown as well as
re sidential area on University Ave. We need to take into consideration all aspects this request may have on
the downtown as a whole, as any requests approved now will have an effect on future requests and the
development of the downtown and surrounding business area s within the town limits.
Linda Matulich
EXHIBIT 1 2
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RECOMMENDED CONDITIONS OF APPROVAL FOR:
50 University Avenue
Conditional Use Permit U-06-07
Requesting approval to have live entertainment and events in the amphitheater and in patio
areas within the Old Town Shopping Center on property zoned C -2:PD:LHP. APN 529-02-044
PROPERTY OWNER/APPLICANT: SRI, Old Town, LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT :
(Planning Division)
1. APPROVAL: This use shall be operated in accordance with all of the conditions of approval
listed below. Any changes or modifications shall be approved bytheDirectorofCommunity
Development, Development Review Committee or the Planning Commission, depending on
the scope of the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29 .20.320 of the Town Code, unless the approval has been vested.
3. TERMINATION OF CUP. The Conditional Use Permit shall terminate when there is a
change in ownership of the property.
4. PERMITTED USES. This approval applies to the commercial development known as Old
Town (APN 529-02-044) and allows certain events to be held throughout the year at the Old
Town Shopping Center without applying for a Special Events Permit. Attachment A
provides the list of the allowed events. The events are limited pursuant to this Conditional
Use Permit and a Special Events Permit is not pennitted for additional events sponsored by
Old Town. A nonprofit group may request a Special Event Permit to use Old Town property.
5. LOCATION. All events shall occur on Old Town property limited to the following
locations: the amphitheater, the wood deck area adjacent to the front parking lot and the
pedestrian courtyard adjacent to Steamers Restaurant.
6. CIRCULATION. No event shall obstruct vehicular and/or pedestrian circulation.
7. VENDORS/PUSHCARTS. Vendors and pushcart operators shall obtain the required
business licenses and/or temporary pushcart permit pursuant to Chapter 14 of the Town
Code.
8. LIMITATION. Only one event at a time is permitted. No more thaa eight 0'fent days
shall be held per month. A maximum of 36 0't'ent days are permitted per ealendar year as
defined in Attachment A of these conditions def mes the limitation of the event period.
9. FEE. No fee shall be charged for an event. Request for donations are acceptable for
charity/nonprofit events .
10. ALCOHOL. There shall be no alcohol for any event.
11. HOURS OF OPERATION. The maximum hours of the event(s) shall be from 10 A.M.
to 9 8 P .M. S0'1en days a week pursuant to the days and months outlined in
Attachment A of these conditions. Maximum hours for musical entertainment shall be
from 11 :00 AM to 9 8 PM s0'.'en days a week pursuant to the days and months
outlined in Attachment A of these conditions. These hours do n ot include setup or
cleanup.
12 . NEIGHBORHOOD NOTIFICATION. Old Town shall provide written notice to property
owners and occupants wi thin at least 500 feet of the site that they are permitted to host
EXHIBIT 1 3
events throughout the year. The notification boundary shall extend up University and
Edelen Avenues to Highway 9. A copy of this notice shall be provided to the Town.
The notice shall include a local phone number to call if an issue arises during an event.
This notice shall be sent only one time and must be sent within 60 days of the approval of
this conditional use permit or not less than ten (10) days prior to holding the first event.
The noticed area shall be approved by the Town . Old Town shall work with the Chamber
of Commerce to provide contact information in the Chamber's newsletters .
13 . SIGNS. A maximum of two on-site temporary event banners are permitted upon
approval of a sign permit. One banner may be placed on each side of University A venue
on Old Town property. Each sign shall not exceed 12 square feet in area. The banners
must be affixed to the building and shall face parallel to the street. The banners may not
be erected more than fourteen (14) days prior to the event and shall be removed within
twenty-four (24) hours after the event.
14. ONE YEAR REVIEW. Town staff shall review the Conditional Use Permit within one
year from approval to determine if there are any problems associated with the Permit and
report their findings to the Planning Commission. The Planning Commission may direct
that a public hearing be held to review the permit as specified in Section 29.20.310 of the
Town Code.
15. AD HOC COMMITTEE. An ad hoc entertainment committee shall be formed
consisting of the Old Town Special Events Coordinator and residents of the
adjoining neighborhood. The committee shall meet at least quarterly, or as issues
arise. Old Town shall maintain a record of complaints and their response or action
to these complaints. This record shall be made available to Town staff upon
request.
TO THE SATISFACTION OF THE CHIEF OF POLICE
16. SECURITYffRAFFIC . The applicant shall contact the Police Chief sixty (60) days prior
to an event to determine if additional on site security and/or traffic control is necessary
during the event. Depending on the event, the Police Chief may require the hiring of
Police Officers at the applicant_'s expense.
17 . NOISE. Amplified entertainment is not permitted. There shall be no amplified,
electric or percussive music. Noise levels shall comply with the provisions of the Noise
Ordinance as set forth in Section 16 .20 .040 of the Town Code.
Attachment
N :\DEV\CONDITNS\2007\0LDTOWN .DOC
, ., r
(
Event Type Use Definition Event Period H ours of
Operation
General Live unarnplified July through 11 :00 AM to 8:00
Entertainment background music. August and PM
There shall be no November and
amplified, electric or December.
percussion music. Saturdays and
Sundays only.
Holiday Strolling musicians, One, two-day 10:00 AM t o 8:00
Santa, food event, in November PM
sampling, story time or December.
and chef
demonstrations.
Nonprofit Work with nonprofit One-day event, 10:00 AM to 8:00
organizations to twice a year. PM
provide receptions,
art and craft
exhibits, and
appetizers.
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