Attachment 1TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
cos sn�oe Meeting Date: September 25, 2013
PREPARED BY: Erwin Ordonez, AICP
Senior Planner
EOrdonezo,losgatosca gov
Marni F. Moseley, AICP
Associate Planner
MMoselev(cWos atosca gov
APPLICATION NO.: Town Code Amendment A -13 -04
LOCATION: Town -wide
APPLICANT: Town of Los Gatos
ITEM NO: I
APPLICATION
SUMMARY: Consider adoption of Amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding land use regulations for live
entertainment uses.
OTHER MATTERS: Adoption of Amendments to Chapter 3 (Amusements) of the Town
Code regarding a permit for live entertainment and adoption of the
Alcoholic Beverage Policy.
RECOMMENDATION: Forward to Town Council with a recommendation for adoption.
CEQA: 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)).
FINDINGS: The Planning Commission must make a finding that the Zoning
Ordinance Amendments are consistent with the General Plan if the
recommendation is for approval /adoption.
ACTION: Recommendation to Town Council
EXHIBITS: 1. Required Finding
2. Draft Zoning Ordinance, Chapter 29
3. Draft Town Code Ordinance, Chapter 3
4. Draft Alcoholic Beverage Policy
5. Example Matrix and Exemptions
ATTACHMENT 1
Planning Commission Staff Report - Page 2
Ordinance Amendment / A -13 -04
September 25, 2013
6. Excerpt minutes from Joint Town Council/Planning Study Session,
August 22, 2011
7. Minutes from Town Council Study Session, December 17, 2012
8. Summary of Live Entertainment meetings held September 12,
2013
9. Correspondence
BACKGROUND:
The intent of the Alcoholic Beverage Policy (ABP) which was originally adopted in 1990, is to
outline the Town's expectations for establishments serving alcohol and to provide a process for
reviewing applications proposing alcohol service. The Town last amended the ABP in 2001. The
current ABP states, "Entertainment in association with an eating or drinking establishment may
be allowed if standards and a permit process are adopted" Over the last several years, the Town
has received and considered numerous applications for entertainment uses. The lack of standards
and a defined process has caused challenges for applicants, staff, Planning Commission, and
Town Council when reviewing such requests. In addition, the Town has received several
requests to serve and sell alcohol with or without meals based on current trends which are not
clearly defined in the ABP. Therefore, Town Council has directed staff to revise the ABP to
assist staff, applicants, and decision makers in assessing applications and proposals and to
develop an entertainment ordinance or policy.
In August 2011, the Town Council held a joint study session with the Planning Commission on
proposed Entertainment Permit review process concepts and the proposed changes to the ABP.
Town Council and Planning Commission provided considerable input at the study session
(Exhibit 6).
Staff held several meetings with residents and conducted an informational meeting for business
owners in 2012. In December 2012 Town Council held a study session regarding the proposed
ABP changes and the Entertainment Permit process (Exhibit 7).
On September 12, 2013 Town staff held two separate informational meetings, one for the
stakeholders and one for the Town wide meeting. Notices for the Town wide meeting was sent
to all properties and businesses within Los Gatos and 17,367 notices were mailed.
Approximately 14 people attended the stakeholder meeting and approximately 27 people
attended the community meeting. Exhibit 8 is a summary of the comments received at these
meetings.
ANALYSIS:
The items to be considered by the Planning Commission include 1) amendments to the Alcoholic
Beverage Policy, 2) addition of Chapter 3, Article VII of the Town Code adopting a new
Planning Commission Staff Report - Page 3
Ordinance Amendment / A -13 -04
September 25, 2013
regulatory permit process for live entertainment and 3) Zoning Ordinance amendments to adopt
land use regulations for live entertainment. Although item 2 is not a land use issue, due to the
relationship between the regulatory permit process (Chapter 3) and zoning (Chapter 29) of the
Town Code regarding live entertainment, these added code sections are being presented to the
Planning Commission to provide more background and information on what is proposed. The
Planning Commission is encouraged to forward comments and a recommendation to the Town
Council regarding the addition of Chapter 3, Article VII of the Town Code.
1. Alcoholic Beverage Policy: Based on discussion with the Town Council and Planning
Commission and direction given to staff for previous alcohol- related applications, below are
the major modifications proposed to the ABP. Exhibit 4 notes the changes, and in that
exhibit the new wording is underlined and deleted wording is 9#ikeflifeugh.
a. Meals - Modification of the language regarding appetizers vs. full meals when alcohol is
served. Due to current dining trends, staff is recommending that small plates and
appetizers be considered a meal service when alcohol service is limited to beer and/or
wine. The Policy will continue to exclude snacks such as pretzels, Popcorn, peanuts, and
chips from this definition.
b. Service to waiting patrons - Inclusion of language to permit alcohol service for waiting
patrons. Many discussions have occurred around the issue of serving alcohol before food
is ordered, whether it is at the table or while patrons are waiting for a table. The language
within the current alcohol policy would not permit either.
c. Benefit to the community — Remove the requirement for a benefit to the community for
late night hours as the intent of this requirement is covered by Section 29.20.190(a)(1) of
the Town Code regarding findings for CUP's. The required finding under this section
states that "the proposed uses of the property are essential or desirable to the public
convenience or welfare." Therefore, since the intent is covered by Town Code for CUP
findings staff recommends that this language be removed. In addition, this requirement is
easily misinterpreted to be a community benefit that is typically required for traffic
increases, which can be difficult to make since it relates to late night hour service. In
order to remove the confusion between this requirement and the Community Benefit
required for traffic increases, staff recommends that this language be removed.
d. Definitions — The following definitions are proposed to be added to the ABP to address
current business operating trends not covered by the policy.
(1) Separate Bar: A separate bar is defined as an area within a restaurant that is
separate through a physical barrier from the dining areas and serves alcoholic
beverages. This definition does not include food counters or service bars.
Planning Commission Staff Report - Page 4
Ordinance Amendment / A -13 -04
September 25, 2013
(2) Food Counter: A food counter is defined as a counter area located within an
establishment providing food service where customers may sit and order food and
alcohol.
(3) Service Counter: A service counter is a counter or part of counter where food
and /or beverages are placed for delivery to customers; no customer seating is
permitted in this area.
(4) Retail Wine Service Establishment: A Retail Wine Service Establishment also
called a wine bar is defined as an establishment providing alcohol beverage service
for wine and /or beer as may be determined by the deciding body. A Retail Wine
Service Establishment shall, at a minimum, provide food service until closing.
Specific hours of operation for each establishment are determined in the operational
agreement, if relevant, or the conditional use permit. A Retail Wine Service
Establishment shall meet the Purpose and General Policy of this Alcoholic
Beverage Policy.
(5) Tasting Room: A Tasting Room is defined as alcoholic beverage service in the
form of samples (small pours) provided in conjunction with a retail operation.
Meals shall not be permitted. Specific hours of operation for each establishment are
determined in either the Operational Agreement, if relevant, and the conditional use
permit. Tasting rooms shall meet the Purpose and General Policy of this Alcoholic
Beverage Policy.
2. Entertainment Ordinance Chapter 3, Article VII: Based on the outreach conducted to
date and a review of other jurisdiction best practices, staff recommends a process that
separates the entertainment permit from the CUP. This would allow the Town to review each
owner, operating staff, and business plan separately to determine whether the permit should
be issued and the types of conditions that should be imposed. The separate entertainment
permit process also provides greater discretion to the Police Chief to immediately address
problems, including permanent or temporary termination of the use for noncompliance
issues. Finally, and most important, the principal advantage to separating the CUP from the
entertainment permit is to prevent the entertainment use vesting with the land through the
CUP. This would be a change to current practices of using the CUP to authorize changes to a
business's operating conditions. However, it should be noted that some existing CUP's may
require modification if entertainment is to be added, due to specific language in their
conditions of approval which specifically prohibits entertainment as part of their use.
This approach is similar to many other cities in Northern California that allow live
entertainment as part of a business regulatory permit approval process, and not a vested land
use. The regulatory process is proposed to be incorporated outside of the Zoning Ordinance
(Chapter 29) of the Town Code in Chapter 3, Amusements (Exhibit 3).
Planning Commission Staff Report - Page 5
Ordinance Amendment / A -13 -04
September 25, 2013
Based on feedback through this process from both the Council and the public, staff has
simplified the entertainment permit process from a previously discussed three tiered
review /approval process down to two tiers. Tier 1, which would be classified as minor live
entertainment, would consist of entertainment proposals that do not have late night hours or
alcohol service, with or without sound amplification. These applications are recommended
to be reviewed and approved by the Development Review Committee (DRC). Pursuant to
Town Code, any decision of the DRC may be appealed to the Planning Commission and any
decision of the Planning Commission is appealable to Town Council. Tier 2, which would
be classified as major live entertainment, would include applications that involve late night
hours (past 10 PM) and /or alcohol service, and would require review by the Planning
Commission with a recommendation and final action by the Town Council. See the matrix in
Exhibit 5 for an example on how the Tiers would work and the proposed exemptions.
The Police Department will review
recommendations to the deciding body
of an Operating agreement that would
Permit. Neither the Entertainment
major and minor entertainment permits and make
Major entertainment permits would require approval
outline the terms and conditions of the Entertainment
Permit nor the Operating Agreement would be
transferable to another property or operator by right.
Staff is recommending that live entertainment uses be allowed in the following land use
zones (C -1 Neighborhood Commercial, C -2 Central Business District, CH Restricted
Highway Commercial and LM Commercial- hidustrial). The basis for this recommendation
is that all of these zones:
a are commercial zones
allow restaurants and/or the service of alcohol
currently have approved entertainment type uses
Zoning Ordinance, Chapter 29: The following amendments (Exhibit 2) are proposed to
implement the regulatory live entertainment permit process as discussed above. New
wording is underlined and there is no deleted wording.
Section 29.10.020. Definitions.
Live Entertainment. Any presentation or activity of any nature which is designed or intended
to divert, amuse or attract the attention of persons observing or listening to such presentation
or activity, including but not limited to, any type of presentation or performance in which
live entertainers, performers, a video jockey (VJ) or a disc jockey (DJ) appears before an
audience of any number of persons or the patrons of a business establishment. The term
"Live Entertainment" shall not include any entertainment provided solely without any human
interaction or control of any radio, television, videos, music recording device /player, digital
Planning Commission Staff Report - Page 6
Ordinance Amendment / A -13 -04
September 25, 2013
recording device /player or juke box for the benefit of an audience or the patrons inside an
establishment.
Live Entertainment (minor) Live entertainment uses that terminate on or before 10:00 P.M.
and that do not include alcoholic beverage service.
Live Entertainment (major) Live entertainment uses that involve late night operation (after
10 p.m.) and/or that include alcoholic beverage service.
Permitted Uses. Incorporate the following language for a permitted use in all commercial
zones (C -1: Section 29.60.210(a), C -2: Section 29.60.320(a), CH: Section 29.60.420(a) and
LM: Section 29.70.100(a)):
Live entertainment may be permitted subject to all of the restrictions and requirements set
forth in this chapter and Chapter 3, Article VII of the Town Code.
Section 29.20.745. Development Review Committee.
(1 Determines applications for minor live entertainment permits as referenced in Chapter 3,
Article VII of the Town Code.
Section 29.20.750. Planning Commission
The Planning Commission:
O Determines recommendations to the Town Council for major live entertainment permits
as referenced in Chapter 3 Article VII of the Town Code.
Section 29.20.755 Town Council
The Town Council:
(-)Hears and determines Planning Commission recommendations regarding applications for
major live entertainment permits as referenced in Chapter 3, Article VII of the Town Code.
EXISTING USES:
As discussed at previous study sessions, the requirement for an entertainment permit will not be
retroactive to existing CUP's that are permitted to have live entertainment unless:
Planning Commission Staff Report - Page 7
Ordinance Amendment / A -13 -04
September 25, 2013
The CUP has a condition of approval that requires the business to comply with a new live
entertainment policy or ordinance.
® The CUP is modified.
There are some CUP's that have a condition of approval that no entertainment is permitted.
These CUP's will need to be amended to eliminate that condition if the business wants to apply
for a live entertainment permit.
GENERAL PLAN CONFORMANCE:
Specific applicable polices of the 2020 General Plan include, but are not limited to:
1. LU -1.2 - Ensure that new development preserves and promotes existing commercial centers
consistent with the maintenance of a small - scale, small -town atmosphere and image.
2. LU -1.4 - Encourage private /public funding, development, and operation of cultural
amenities, activities, and centers consistent with the small -town character of Los Gatos.
3. Goal LU -2 - Maintain a balanced, economically stable community within environmental
goals.
4. LU -6.1 - Protect existing residential areas from the impacts of non - residential development.
5. LU -6.3 - Protect existing residential areas from adjacent non - residential uses by assuring that
buffers are developed and maintained.
6. LU -9.2 - Maintain a variety of commercial uses, including a strong Downtown commercial
area combined with Los Gatos Boulevard and strong neighborhood commercial centers to
meet the shopping needs of residents and to preserve the small -town atmosphere.
7. LU -10.3 - Establish and maintain strong boundaries between the Central Business district
designation and adjacent residential neighborhoods.
8. LU -13.5 - Establish and maintain appropriate boundaries between the commercial uses along
Los Gatos Boulevard and adjacent residential neighborhoods.
9. Goal N0I -1 - Ensure that noise from new development and new land uses does not adversely
affect neighboring land uses.
10. N0I -1.2 - The Town shall maintain the noise ordinance standards.
11. N0I -7.1 - Enforce noise limits and monitor compliance with noise standards.
PUBLIC COMMENTS:
Correspondence received on this matter is included as Exhibit 9. All persons who signed in with
an email address at September 12, 2013, meetings noted earlier in this report and all the
stakeholders on the Town's notification list will be emailed a link to this report and the Planning
Commission's agenda for this meeting on Friday, September 25, 2013.
Planning Commission Staff Report - Page 8
Ordinance Amendment / A -13 -04
September 25, 2013
RECOMMENDATION:
Based on their consistency with the General Plan and Town Council directions, staff
recommends that the Planning Commission forward the draft Zoning Ordinance amendments
and the amendments of the Alcoholic Beverage Policy to the Town Council with a
recommendation for adoption as outlined below. In addition staff recommends that the Planning
Commission review and comment on the live entertainment regulatory process proposed for
Chapter 3, Article VII of the Town Code (Exhibit 3).
The Commission should include any comments or recommended changes to the draft
amendments in any motion relating to the following actions:
1. Make the required finding that the Town Code (Zoning Regulation Ordinance) Amendments
are consistent with the General Plan (Exhibit 1).
2. Forward a recommendation to Town Council for adoption of the amendments to the Zoning
Regulation Ordinance (Exhibit 2) and the amendments to the Alcohol Beverage Policy
(Exhibit 4).
Prepared by:"
Erwin Ordonez, AICP
Senior Planner
Approved by:
Sandy L. ' , AICP
Director of Community Development
N:\DEV\PC REPORTS\10MABP &ENT.doe
Prepared by:
Marro F. Moseley, AICP
Associate Planner
REQUIRED FINDINGS FOR:
Town Code Amendment A -13 -04
Consider adoption of Amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding land use regulations for live entertainment uses.
FINDINGS
Required consistency with the Town's General Plan:
That the proposed Town Code (Zoning Regulation Ordinance) Amendments are
internally consistent with the General Plan.
N: �DEV�FINDING5�2073�rmenainmentord .dwx
EXHIBIT 1
of Attachment 1
This Page
Intentionally
Left Blank
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTIONS OF THE ZONING ORDINANCE (CHAPTER 29)
OF THE TOWN CODE FOR REGULATION OF LIVE ENTERTAINMENT USES AND
THE DUTIES OF THE DEVELOPMENT REVIEW COMMITTEE,
PLANNING COMMISSION AND TOWN COUNCIL
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29 is amended to read as set forth in Exhibit A attached hereto and
made a part thereof.
SECTION II
It is the intent of the Town Council of the Town of Los Gatos to supplement State and
Federal law and to not duplicate or contradict such law, and this ordinance shall be construed
consistently with that intention. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of
the other remaining portions of this ordinance. The Town Council hereby declares that it would
have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsection, sentences, clauses, or phrases be
declared unconstitutional.
SECTION III
Pursuant to Section 15096 of the CEQA Guidelines, the Town of Los Gatos acts as a
responsible agency for adoption of this ordinance within the Town of Los Gatos. The Town
Council makes the following findings:
EXHIBIT 2
of Attachment 1
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)).
SECTION W
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on 2013, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on 2013. This
Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:1DEV\ORDS\2013\entmuinmentpe it.lmdu e.docx
2
Section 29.10.020. Definitions.
Live Entertainment. Any presentation or activity of any nature which is designed or
intended to divert, amuse or attract the attention of persons observing or listening to such
presentation or activity, including but not limited to, any type of presentation or
performance in which live entertainers, performers, a video jockey (Vi) or a disc jockey
(DJ) appears before an audience of any number of persons or the patrons of a business
establishment. The tenn "Live Entertainment' shall not include any entertainment
provided solely without any human interaction or control of any radio, television, videos,
music recording device /player, digital recording device /player or juke box for the benefit
of an audience or the patrons inside an establishment.
Live Entertainment (minor) Live entertainment uses that terminate on or before 10700
p.m. and that do not include alcoholic beverage service
Live Entertainment ( maior) Live entertainment uses that involve late night operation
(after 10 p.m.) and /or that include alcoholic beverage service
Section 29.20.745. Development Review Committee.
L-1 Determines applications for minor live entertainment permits as referenced in Chapter 3
Article VII of the Town Code
EXHIBIT 2A
of Attachment 1
Section 29.20.750. Planning Commission
The Planning Commission:
O Determines recommendations to the Town Council for major live entertainment permits as
referenced in Chapter 3 Article VII of the Town Code.
Section 29.20.755 Town Council
The Town Council:
(-)Hears and determines Planning Commission recommendations regarding applications for
maior live entertainment permits as referenced in Chapter 3, Article VII of the Town Code.
Section 29.60.210. Permitted uses.
(a) Activities allowed in the C -1 or neighborhood commercial zone are those which do
not unreasonably interfere with nearby residential uses and which are in the following
categories:
6 Live entertainment may be permitted subject to all of the restrictions and
requirements set forth in this chapter and Chapter 3, Article VII of the Town
Code.
2
Section 29.60.320. Permitted uses.
(a) Activities permitted in the C -2 or Central District Commercial Zone are those
involving the conduct of commerce and general business and the sale of commodities
necessary for the needs of residents and visitors of the Town, such as:
(8) Live entertainment may be Permitted subject to all of the restrictions and
requirements set forth in this chapter and Chapter 3 Article VII of the Town
Code.
Section 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which
do not unreasonably interfere with nearby residential uses and which are in the
following categories:
Live entertainment may be permitted subject to all of the restrictions and
requirements set forth in this chapter and Chapter 3 Article VII of the Town
Code.
Section 29.70.100. Permitted uses.
(a) Activities allowed in the LM or commercial- industrial zone are those service- oriented
and light industrial uses which may be inappropriate in a general commercial zone
and which are in the following categories:
3
(6) Live entertainment may be permitted subiect to all of the restrictions and
requirements set forth in this chapter and Chapter 3, Article VII of the Town
Code.
N:\DEV\ORDS\ 2013 \entertainmentpe it.landuse.exbibitA.docx
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW ARTICLE VII
TO CHAPTER 3 OF THE LOS GATOS TOWN CODE ENTITLED "LIVE
ENTERTAINMENT" TO REQUIRE A REGULATORY PERMIT
FOR LIVE ENTERTAINMENT USES
SECTION I
WHEREAS, The Town of Los Gatos is a thriving socially active community that continues
to enjoys entertainment uses as an amenity for its residents and business patrons; and
WHEREAS, The Town Council adopted an Alcoholic Beverage Policy in 1990 which was
last amended in 2001 and currently discourages alcohol service in conjunction with entertainment
establishments; and
WHEREAS, the Alcoholic Beverage Policy notes that entertainment uses may be allowed
by the Town in an eating or drinking establishment if standards and an entertainment permit process
is adopted by the Town; and
WHEREAS, the Town Council directed the preparation of an entertainment permit process
in 2010; and
WHEREAS, the Town has held successive Stakeholder Group Meetings, Study Sessions and
Community Outreach Meetings with key business and resident groups in 2011, 2012, and 2013 to
the discuss potential revisions to the Alcoholic Beverage Policy and the development of new
regulations for live entertainment uses; and
EXHIBIT 3
of Attachment 1
WHEREAS, during the December 2012 Town Council Study Session, a consensus of the
Council provided specific feedback to staff regarding the establishment of regulations for live
entertainment uses; and
WHEREAS, on September 25, 2013, the Planning Commission reviewed a proposed
ordinance to regulate live entertainment uses and provided comments to the Town Council.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION II
Chapter 3 of the Los Gatos Town Code is amended to add a new Article VII (3.70.010
through 3.70.070) shall read as fully set forth on Exhibit A.
SECTION III
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held
to be unconstitutional, such decision shall not affect the validity of the other remaining portions of
this ordinance. The Town Council hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsection, sentences, clauses, or phrases be declared unconstitutional.
SECTION IV
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October _, 2013, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on _ This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\ORDS\2013U.iveEnterfaimm to,dim,,.dm
This Page
Intentionally
Left Blank
ARTICLE VII. LIVE ENTERTAINIti1ENT
Sec. 3.70.010. Purpose and intent.
Sec. 3.70.015.Definitions
Sec. 3.70.020. Permit requirement.
Sec. 3.70.025. Application for permit; fee.
Sec. 3.70.030. Investigation for permit.
Sec. 3.70.035. Issuance or grounds for denial.
Sec. 3.70.040. Contents.
Sec. 3.70.045. Appeal to Town Council.
Sec. 3.70.050. Transferability of permit.
Sec. 3.70.055. Law enforcement inspections.
Sec. 3.70.060. Suspension or revocation of permit.
Sec. 3.70.065. Compliance.
Sec. 3.70.070. Penalties.
See. 3.70.010. Purpose and intent.
This Article is enacted to require a permit to provide nonresidential live entertainment.
1
EXHIBIT 3A
of Attachment 1
See. 3.70.015. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Background music. Background music refers to music played at a low level primarily
intended to be passively listened to, where normal conversation can be easily understood.
It is not meant to be the main focus of an audience, but rather to enhance an environment.
Live Entertainment. Any presentation or activity of any nature which is designed or
intended to divert, amuse or attract the attention of persons observing or listening to such
presentation or activity, including but not limited to, any type of presentation or
performance in which live entertainers, performers, a video jockey (VJ) or a disc jockey
(DJ) appears before an audience of any number of persons or the patrons of a business
establishment. The term "Live Entertainment' shall not include any entertainment
provided solely without any human interaction or control of any radio, television, videos,
music recording device /player, digital recording device /player or juke box for the benefit
of an audience or the patrons inside an establishment.
Minor Live Entertainment. Live entertainment uses that terminate on or before 10:00 p.m.
and that do not include alcoholic beverage service.
Major Live Entertainment. Live entertainment uses that involve late night operation (after
10 p.m) and /or that include alcoholic beverage service.
R
Sec. 3.70.020. Permit requirement.
No person, whether as principal, agent, officer, employee or member, shall perform,
sponsor, conduct, provide or facilitate live entertainment uses without first obtaining a permit
pursuant to this article.
See. 3.70.025. Application for permit; fee.
(a) Any person, partnership, or other entity desiring to provide live entertainment
shall apply for a permit to do so on an application form specifically designated for that purpose
and provided by the Town of Los Gatos and shall not provide live entertainment unless and until
a permit has been issued by the Town. The written application for a permit shall be submitted to
the Director of Community Development along with copies for distribution to the Chief of Police
and executed by all applicants under the penalty of perjury on such form as may be prescribed by
the Town, and which shall include all of the following:
(1) The applicant(s) name, including any aliases, prior names, "dbas," the names of
any partnership or other business entities.
(2) The applicant(s) address of any location where applicant has engaged in business
for five years immediately preceding the date of the application; the length of
time at each address; a description of the nature of the business(es) conducted.
(3) The address of the proposed location for which the permit is required, together
with the business name, if any.
(4) Proof of possessory interest in the property at which the business is proposed to
be conducted, and the name and address of the owner of such real property.
(5) A floor plan including entry and exiting for the space and building.
(6) The applicant' s written agreement to indemnify, defend and hold harmless the
Town, its officers, agents and employees from and against all claims, losses,
costs, damages and liabilities of ally kind pursuant to the operation of the
business, including attorney's fees, arising in any manner out of the negligence or
intentional or willful misconduct of all of the following: (i) the applicant; (ii) the
applicant's officers, employees, agents and/or supervisors; and, (iii) if the
business is a corporation, partnership or other entity, the officers, directors or
partners.
(7) The application shall be accompanied by a nonrefundable processing fee in such
amount as established from time to time by resolution of the Town Council.
(b) Exceptions. The following activities if conducted in conformance with the Town's Noise
Ordinance and /or Special Event requirements are expressly exempt and shall be excluded from
the live entertainment permit process:
(1) Activities already included in a valid Special Event Permit issued by the Town.
(2) Public events sponsored by the Town or County, State, or Federal governments.
(3) Town approved public events located in Town parks or public facilities.
(4) Events hosted or sponsored by a local school district for the benefit of the community.
Ell
(5) Theaters, playhouses and a cinemas permitted by Chapter 29 (Zoning Regulations) of
the Town Code.
(6) Dance recitals and other artistic performances of performing art or music schools
permitted by Chapter 29 (Zoning Regulations) of the Town Code.
(7) Private music lessons or recitals permitted by Chapter 29 (Zoning Regulations) of the
Town Code.
(8) Events hosted by private membership clubs not open to the general public for the
benefit of only members and their guests.
(9) Book readings, signings, autograph events, poetry readings.
0 0) Background music, live or recorded, or the playing of TV or videos if no
compensation or admission fee is charged.
01) One grand opening event within the first six months of operation of a new business
or retail use.
(12) Religious institutions services or worship activities.
(13) Coffees, fundraisers, and campaign events related to a local, State or Federal
election.
See. 3.70.030. Investigation for permit.
Upon receipt of the completed application (including all requested documents) and the
required fee, the Director of Community Development and the Chief of Police shall each conduct
an investigation as each deems appropriate to determine whether a permit should be issued. The
Director or Chief may require additional information of an application which is deemed
necessary to complete the investigation.
(a) The Director of Community Development shall determine whether the conduct of the
business at the proposed location will be in compliance with zoning requirements and any other
applicable rule, regulation or ordinance of the Town. For major permits, a noise analysis,
prepared by a Town approved consultant at the applicant's expense, shall be provided to
determine compliance with the Town's Noise Ordinance.
(b) The Chief of Police shall determine whether the conduct of the business at the proposed
location will be in conformance with the health, safety and welfare of the community.
(c) Following the completion of the investigations described herein, the Director of
Community Development and the Chief of Police shall each make a written recommendation
whether the proposed permit is either recommended to be approved or rejected, subject to the
provisions of this chapter, and the Community Development Director shall provide the
recommendations to the Development Review Committee or the Planning Commission and
Town Council for consideration at a public hearing.
See. 3.70.035. Issuance or grounds for denial.
(a) Permit Review and Determination. The proposed live entertainment use shall be a
subordinate ancillary use to a legally permitted and conforming primary use authorized by Town
Code Chapter 29 (Zoning Regulations). Any use defined as "Live Entertainment" shall comply
with the requirements of the Town's Noise Ordinance.
(1) Development Review Committee. Applications for proposed minor live
entertainment uses in conjunction with either the primary or subordinate
ancillary use shall be determined by the Development Review Committee
pursuant to Chapter 29 of the Town Code.
(2) Planning Commission. Applications for proposed major live entertainment
uses in conjunction with either the primary or subordinate ancillary use shall
be reviewed by the Planning Commission for determination of a
recommendation to the Town Council pursuant to Chapter 29 of the Town
Code.
(3) Town Council. Applications for proposed major live entertainment uses in
conjunction with either the primary or subordinate ancillary use shall be
determined by the Town Council pursuant to Chapter 29 of the Town Code.
(b) Conditions of Approval. Any permit issued pursuant to this article, shall be subject to the
following conditions:
(1) Shall be subject to conditions as may be imposed by the deciding body that
are reasonably related to the purpose and intent of this chapter and public
health, safety, and welfare which may include an annual review of the permit
subject to a public hearing.
(2) Maintain a valid operational agreement for major live entertainment uses.
(3) Maintain a valid Town business license.
(c) Grounds for denial. An application for a permit to conduct live entertainment shall be
denied based on any of the following grounds:
(1) For a business that serves alcohol, the applicant, officer, employee, or
agent is under twenty -one years of age.
(2) The applicant, officer, employee, or agent had a similar type of permit
previously suspended, revoked or denied for good cause within the
immediately preceding five (5) year period.
(3) The applicant, officer, employee, or agent has knowingly made a false or
misleading statement of a material fact or omission of a material fact in
the application for a permit.
(4) A determination by the Director of Community Development, the
Development Review Committee, the Planning Commission, and /or the
Town Council following a public hearing that the use of the business at
the proposed location would not be in compliance with all zoning
requirements and other rules, regulations, ordinances and policies of the
Town.
(5) The use at its proposed location compromises the public health, safety, or
welfare of the community.
(6) Any other material consideration which may be raised and examined
through a public hearing process and determined to be detrimental to the
health, safety or welfare of the community.
Sec. 3.70.040. Contents.
Permits issued under this article may authorize only a specific live entertainment use or
group of uses as described in the application approved by the Development Review Committee
or Town Council. Each permit issued shall include the name of the sponsor and operator, the
approved daily schedule, time of commencement and conclusion, the address of the location and
the maximum occupancy load of each room and the maximum occupancy of the building in
which the live entertainment use is authorized for, and such information shall be prescribed on
the face thereof.
Sec. 3.70.045. Appeal to Town Council.
The denial of a permit on grounds specified either in section 3.30.030(e) by the
Development Review Committee or the revocation of a permit of the Development Review
Committee may be appealed to the Planning Commission pursuant to Division 4 of Chapter 29
of the Town Code.
Sec. 3.70.050. Transferability of permit.
No permit issued under this chapter shall be transferable or assignable and any attempted
transfer shall invalidate the permit.
Sec. 3.70.055. Law enforcement inspections.
Any person or entity operating under a live entertainment business under the provisions
of this chapter shall hold that business open for inspection by local law enforcement during all
hours of operation. The Chief of Police or designee may conduct periodic inspections of the
business without notice.
See. 3.70.060. Suspension or revocation of permit.
(a) Any permit issued under this article may be suspended or revoked pursuant to the
processes set forth herein, and for any reason that would have justified a refusal of the permit
originally, or by failure of the person or entity operating under any such permit to comply with
the provisions of this article or any other provision of this code, or any condition of such permit.
The person or entity operating under the provisions of any such permit shall be given prompt
notice of the intention to suspend or revoke the permit in the manner set forth in this section.
Upon receipt of information or a complaint and reasonable cause to believe that grounds for a
suspension or revocation of a permit exists, the original deciding body of the permit may suspend
for a period of up to nine months or revoke a permit, according to procedures set forth herein on
the grounds set forth in this subsection, and on any of the following grounds:
(1) The permitee, its officers, employees, or agents have operated or managed the live
entertainment business in a manner which violates the live entertainment permit
issued by the Town, any provision of this chapter, or other applicable Town Code
provisions; or
(2) Has made a false or misleading statement or material omission of fact on the
application for a permit, or in any supplementary materials submitted with the
application.
(b) The Director Procedure for revocation or suspension of permit:
(1) Notice to permitee. Whenever the Town has reasonable cause to believe that
grounds for the suspension or revocation of a permit exist, the Town shall give the
10
permitee written notice of the grounds for the proposed revocation or suspension
of the permit, along with the date, time and place of a public hearing to be held
before the original deciding body on whether the permit should be suspended or
revolted. The notice shall be served on the permitee personally at the most recent
home or business address on file with the Town or by certified mail with the
United States Postal Service.
(2) Hearing. The hearing on the revocation or suspension of the permit shall be held
before the original deciding body not more than sixty working days after the
personal service of the to the permitee notice in the same manner of delivery as
set forth in Section (b)(1) above. At the hearing, the permitee shall have the right
to appear and present evidence and arguments which are relevant to a
determination of whether grounds for suspension or revocation of the permit exist.
(3) Decision. Within fifteen working days after the hearing, the deciding shall issue a
written decision which states whether the permit is suspended or revolted, the
length of any suspension, and the factual basis for the decision. The decision of
the deciding body shall be served on the permitee in the same manner of delivery
as set forth in Section (b)(1) above.
(4) Effective date of revocation or suspension. Any suspension or revocation of a
permit shall become effective immediately upon the personal service of the
written decision of the deciding body or delivered to the permitee in the same
manner of delivery as set forth in Section (b)(1) above.
11
(5) Surrender of suspended or revoked permit. Upon a written decision by the
deciding body, which suspends or revokes a permit, the permit shall immediately
be surrendered to the Town Manager. In the case of a suspension, Town Manager
shall return the permit after the period of suspension has ended.
See. 3.70.065 Compliance.
Any person or entity which has been granted a permit under this article shall be subject to
and shall comply with the regulations and conditions as set forth in the relevant sections of the
Town Code.
Sec. 3.70.070 Penalties.
(a) The violation of any provision contained in this chapter, or the violation of any condition
of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a
misdemeanor, subject to the penalties as prescribed in section 1.10.040 of the Town Code.
(b) The maximum fine or penalty for any violation of this article shall be one thousand
dollars (S 1, 000), or a term of imprisonment in the county jail for a period not exceeding six
months.
(c) The Director Except as otherwise provided, every such person may be charged with a
separate offense for each and every day during any portion of which any violation is committed,
continued, or permitted by such person, and shall be punishable accordingly.
12
(d) The Director The enforcement of this chapter shall be in addition to any proceedings
conducted for revocation or suspension of the permit and any civil action to seek enforcement of
these provisions authorized by the Town Council.
N: TEV\ORDS\2013\13 eEntertaimnmtordinmce ExhibitAdoc
13
This Page
Intentionally
Left Blank
'i
&CM'T^ESTABLISHMENTS THAT SERVE ALCOHOLIC BEVERAGES
Purpose
The consumption or service of alcoholic beverages in commercial establishments, if not
regulated, can jeopardize public safety, result in an increase of calls for police services
and compromise the quality of life for Town residents. This policy provides parameters
for the service of alcoholic beverages .,e.� in commercial establishments particularly
addressing late night service when alcohol related incidents are most likely to occur and
when the disturbances to Town residents is are least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended
to balance the protection of residential neighborhoods in close proximity to commercial
districts and still maintain the viability of our commercial centers in which restaurants
have an essential role. Hours of operation may be regulated based on an establishment's
proximity to residential neighborhoods or schools, the concentration of establishments in
an area serving alcoholic beverages or for other reasons that may arise at the public
hearing.
The deciding body may approve a conditional use permit to serve alcoholic beverages
based on the merits of the application and subject to the following requirements.
II General Policy
The Town shall continue to strongly discourage new applications for stand -alone
bars with full liquor service or restaurants with separate bars with full liquor
service.
3:2. Entertainment in association with an eating and/or drinking establishment may be
allowed if subject to the standards and a permit process are-adopted specified in
Article VII of Chapter 3 of the Town Code regarding Live Entertainment.
4.3. Alcoholic beverage service for new conditional use permit applications or
applications for modifications of a conditional use permit shall n44e- a}lewed be
strongly discouraged:
A. After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
E%HIBIT 4
of Attachment
B. After 1 AM Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed
to serve alcoholic beverages past the hours stated above may continue to operate
under their existing hours of operation.
_sA. Any shments Applications for new conditional use permits or applications
for modifications of a conditional use permit serving alcoholic beverages shall be
subject to the following:
A. Uniformed privately- previde&security guards may be required in or around
the premises as determined by the Chief of Police if alcohol related incidents
re car occur that are not immediately resolved by the licensed owner.
B. At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department for on -going 'employee
training on alcoholic beverage service to the general public.
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
rRestaurant Association and Department of Alcoholic Beverage Control.
D. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non - alcoholic beverages for designated
drivers.
E. Taxicab telephone numbers shall be posted in a visible location.
F An Operational Agreement between the Town and the Operator for alcohol
service past 10 PM.
f}5. The deciding body shall make the following findings prior to approving an
application for a conditional use permit to serve alcoholic beverages past 10 PM:
A. Late night service will not adversely impact adjacent residential
neighborhoods
B. The applicant does not have a history of complaints and non - compliance with
local ordinances or the Alcoholic Beverage Policy.
6. A meal is defined as a combination of food items selected from a menu
(breakfast, lunch or dinner) and can include appetizers also known as "small
plates" as defined below, if approved by the deciding body. Appetizers such as
2
Popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not
meals.
7. Small plates are defined as small servings of hot or cold dishes which may be
combined to make a full meal. Small plates may also be known as charcuterie
tapas, bocas, dim sum antipasti meats and cheese or mezze Small plate
#Metizers do not include bar food such as noncom nuts or pretzels
8. Alcoholic beverage service in approved outdoor seating areas may be permitted if
served in conjunction with a meal and adequate separation from public areas is
provided as determined by the Tiger deciding body. The separation shall
clearly delineate that alcohol is not allowed outside the restaurant seating area,
and comply with the Town's outdoor .seating Polio
9. Limited alcohol service maybe provided prior to meal service within a designate
enclosed waiting area to patrons waiting fora table to become available
IIl. Specific Policy
1. Restaurants:
Alcoholic beverages may only be served with meals.
2. Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining areas including approved
outdoor seating areas only in conjunction with meal service. Meal or small plate
appetizer service shall be available until alcohol service ceases or until closing of
holidays
" ' '' . Specific hours of operation for each establishment are
determined upon issuance of a conditional use permit. Restaurants with separate
bars shall meet the Purpose and General Policy of this Alcoholic Beverage Policy.
3. Separate Bar:
A separate bar is defined as an area within a restaurant that is separate through a
physical barrier from the dining areas and serves alcoholic beverages This
definition does not include food counters or service bars.
4. Food Counter:
A food counter is defined as a counter area located within an establishment
providing food service where customers may sit and order food and alcohol
5. Service Bar:
A service counter is a counter or part of counter where food and /or beverages are
placed for delivery to customers- no customer seating is permitted in this area.
6 Retail Wine Service Establishment:
A Retail Wine Service Establishment also called a wine bar is defined as an
establishment providing alcohol beverage service for beer and wine as may be
determined by the decidin bod . A Retail Wine Service Establishment shall at a
minimum provide food service until closing Specific hours of operation for
each establishment are determined in the operational agreement required pursuant
to the conditional use Permit. A Retail Wine Service Establishment shall meet the
Purpose and General Policy of this Alcoholic Beverage Policy,
7 Tasting Room:
A Tasting Room is defined as alcoholic beverage service in the form of samples
(small pours) provided in coniunction with a retail operation. Meals shall not be
permitted. Specific hours of operation for each establishment are determined m
either the Operational Agreement if relevant and the conditional use permit.
Tasting rooms shall meet the Purpose and General Policy of this Alcoholic
Beverage Policy
IV. Review Process
1. Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning
Commission. The Commission will make a recommendation to the Town Council
and the Council shall have final review authority.
2. Changes in ownership or operations management for businesses involving service
of alcoholic beverages shall be reviewed by the Community Development
Department. The following process will be followed:
A. The Director of Community Development Department shall eat inform
the new business owner to make them aware of the conditions of approval
attached to the use permit for the location.
B. One year following issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
C:B. If the Director of Community Development BepaAwient becomes aware of
any alcohol related impacts on the surrounding neighborhood, the Director
shall review the operation of the business to determine whether there is a
violation of the conditional use permit.
D C. If there are violations of the conditional use permit that have not been
voluntarily corrected by the business owner the matter will be forwarded to
the Planning Commission for a public hearing pursuant to Section 29.20.310
of the Zoning Ordinance.
£.D. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
E. The applicant, new owners or new manaeement shall submit in writing an
explanation of how the proposed establishment meets each requirement of
this Policy and the existing conditional use permit
V. Enforcement
All conditional use permits issued to establishments for on -site alcoholic beverage
service on site shall be subject to Section 29.30.310(b) of the Town Code authorizing the
Town Manager to take enforcement action if it is determined that the sale of alcohol has
become a nuisance to the Town's public health, safety or welfare. Enforcement of
Section 29.30.310(b) of the Town Code will be based on, but not limited to the following
factors:
1 1. The number and types of calls for service at or near the establishment that are a
direct result of patrons actions:
2. The number of complaints received from residents and Other citizens concerning
the operation of an establishment;
The number of arrests for alcohol, drugs, disturbing the peace, fighting, -and
public nuisance and other crimes or violations associated with an establishment;
#:4. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
-V-.5. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town
retains the right of review and approval (or denial) of each project based on its merits.
N:\DEW2ESOS\2013 Wcoho]Pohcy.ExhibitA.doex
5
This Page
Intentionally
Left Blank
4
9
G
3
v
C;
� U
N G;
E O
CL °'
Qj
v
v CQ),
'Q U
3 3
v v
.,
cv
Cr
M
�n
i3o
C u
0
v 3 �
C c v
a
Q o
U y,
EXHIBIT 5
of Attachment 1
N
N
C
V
O
O
d
O C
d
d d
Qj
O
O
O
N
d
Y
O1 O
4: ry
N
Q,aQ
Cd £
,a
s
o
o
�r
'�
V d
CO
CC
�J O,
O
O
3
a 0
3
o
a d
v-2
o
ti c
Z
a Z
°
o
a
Cn
o
a
o
c
°
;
G
a
w a
f
w
C3
h o
m
y
3
v
a
F
a o
�
W
'�
W
O
EXHIBIT 5
of Attachment 1
Exempt activities if conducted in conformance with the Town's Noise Ordinance and /or Special Event
requirements are expressly exempt and shall be excluded from the live entertainment permit process:
(1) Activities already included in a valid Special Event Permit issued by the Town.
(2) Public events sponsored by the Town or County, State, or Federal governments.
(3) Town approved public events located in Town parks or public facilities.
(4) Events hosted or sponsored by a local school district for the benefit of the community.
(5) Theaters, playhouses and a cinemas permitted by Chapter 29 (Zoning Regulations) of the Town Code.
(6) Dance recitals and other artistic performances of performing art or music schools permitted by Chapter
29 (Zoning Regulations) of the Town Code.
(7) Private music lessons or recitals permitted by Chapter 29 (Zoning Regulations) of the Town Code.
(8) Events hosted by private membership clubs not open to the general public for the benefit of only
members and their guests.
(9) Book readings, signings, autograph events, or poetry readings.
(10) Background music, live or recorded, or the playing of TV or videos if no compensation is
paid /received or admission or ticket fee is charged.
(11) One grand opening event within the first six months of operation of a new business or retail use
(12) Religious institutions services or worship activities.
(13) Coffees, fundraisers, and campaign events related to a local, State or Federal election.
N:\DEVWBP & Live EntertainmentTraft Ordinance 9- 17- 2013''Troposed Exempt Activities from LEP- FiNAL.doex
JOINT TOWN OF LOS GATOS TOWN COUNCIL /PLANNING COMMISSION
STUDY SESSION - ACTION NOTES
TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
MONDAY, AUGUST 22, 2011
The Town Council and the Planning Commission of the Town of Los Gatos
conducted a Special Meeting on Monday, August 22, 2011 at 6:00 P.M.
JOINT TOWN COUNCIL /PLANNING COMMISSION STUDY SESSION
MEETING CALLED TO ORDER AT 6:00 P.M. by Mayor Joe Pirzynski
ROLL CALL
Council Members present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Steve
Leonardis, Diane McNutt, Barbara Spector
Planning Commissioners present: Chair Marico Sayoc, John Bourgeois, Tom
O'Donnell, Margaret Smith, Joanne Talesfore, Charles Erekson, Marcia Jensen
Staff present: Greg Larson, Town Manager; Pamela Jacobs, Assistant Town
Manager; Judith Propp, Town Attorney; Wendie Rooney, Director of Community
Development; Sandy Baily, Planning Manager; Suzanne Davis, Senior Planner;
Heather Bradley, Contract Planner; Jessica von Borck, Economic Vitality
Manager; Todd Capurso, Director of Parks & Public Works; Kevin Rohani,
Assistant Director of Parks & Public Works; Scott Seaman, Police Chief
Public present: Peter Carter, Kim Karloff, Larry Lenhart, Luke Lenhart, Lee
Quintana, Gail Randolph, Maria Risto, Michael Verga
VERBAL COMMUNICATIONS (Three- minute time limit)
Gail Randolph, 42 Broadway, commented on the Toll House and how it affects
her neighborhood. She has lived Downtown since 1971 and has seen a number
of establishments obtain alcohol licenses, leading to an increase of special
events. Examples of issues include an indoor bar and restaurant that allows
alcohol service separate from the restaurant, and a family restaurant with a full
service bar. Maximization along the corridor seems to be the theme. The
historic street needs to be protected.
Kim Karloff, 30 Broadway, commented that the Broadway and Clifton
neighborhood is asking for support and protection from bar businesses. Los
Gatos is becoming known as a bar destination. The Toll House operations have
recently been better. Disturbance from the Los Gatos Bar & Grille occurred just
this weekend. The Los Gatos bar business is a detriment to the neighborhood.
EXHIBIT 6
of Attachment 1
Existing laws should be enforced and residents should be considered first.
Larry Lenhart, 30 Broadway, commented that the impact on the community
should be considered. Noise associated with drinking of alcohol is a problem.
Allowing drinking establishments to expand and stay open late is not a good
influence on or a good example for the children in the community. Enforcement
of noise at Los Gatos Bar & Grille is needed.
Michael Verga, 46 Broadway, commented that drinking establishments in the
area are not abiding by their use permits. The patrons on the deck outside Los
Gatos Bar & Grille are a real problem. Their behavior is not acceptable in a
residential neighborhood. It happens every Friday and Saturday night.
Maria Risto commented that it is important to reinforce how broad their concerns
are on this issue. Parents are trying to teach their kids that they do not need to
go out and drink alcohol to be social and have fun. She has lived on Broadway
since 1982. It is important not to go back to the "Whiskey Gulch" label that used
to be applied to the Town. It happens every weekend, not just with special
events. The Toll House should not be allowed to act outside the agreement they
have with the Town.
Lee Quintana, 5 Palm Avenue, commented that the issue is land use. The
Downtown is a very narrow strip that is surrounded by residential and that should
be considered with an entertainment ordinance. Noise cannot be contained.
Residents that live around areas with drinking and entertainment should be
considered.
Peter Carter commented that the Toll House was built with certain conditions,
and when it was expanded the outdoor area was allowed, but it was specified
that amplified music was not permitted. Residents are asking that they follow the
use permit. An entertainment district is about residents going Downtown and
enjoying dinner or a cocktail, or walking around. The San Jose entertainment
district is a real problem and has almost counteracted the investment that went
into it. An entertainment district is only going to bring people in from outside the
Town and continue to cause problems.
Joe Pirzynski encouraged residents to report incidents to the Police Department.
Greg Larson commented that when staff received complaints about the Toll
House operation, it was followed up on. He did a ride along with an officer last
weekend, and noted that the police have a strong presence in the Downtown.
DISCUSSION TOPICS
1. Alcohol and Entertainment Policy
2
Tom O'Donneii commented that what he has heard tonight is similar to testimony
that was has been received by the Planning Commission when considering use
permits. He would like to discuss the philosophy of what is being done, and
outline how we visualize Los Gatos continuing before making rules.
Marico Sayoc commented that, using the Toll House as an example, one of the
issues is lack of enforcement and the lack of coordination with enforcement
procedures. There was no tally of complaints associated with the Toll House.
She is interested in how it has been operating since the Planning Commission
hearing, what type of complaints have been made, and what the follow -up was.
Barbara Spector commented that when considering entertainment, the business
is often close to residential and that concerns her. Some of the jurisdictions that
were looked at, such as Newport Beach, are not relative to the Town. Noise "not
impacting the neighborhood" cannot be monitored. It is not consistent with small
Town character to increase entertainment.
Greg Larson noted that the Toll House operation was not placed on the agenda
as the topic of discussion was alcohol and entertainment generally. The Council
and Commission will be discussing and directing staff on what tools and policies
to proceed with.
Joanne Taiesfore commented that every time the alcohol policy is applied to a
business, there is a series of consequences or events that occur. Kids are being
given dual messages. The policy needs to be clear on what is being
encouraged.
Joe Pirzynski commented that what is done should be based on what the Town's
needs are.
Wendie Rooney commented that there are a number of issues that need to be
addressed. This is a process and it is important to put together a framework to
work through it. It has been a collaborative process with staff from various
departments involved, including Police and the Town Attorney. The objective is
to update the alcohol policy and establish an entertainment policy. Since
adoption of the alcohol policy in 2001, entertainment has been discouraged.
Staff believes that it is important to the Town's economic vitality to have a
managed nightlife. The process would be separate from land use permits, and
approvals may be revoked if businesses do not follow approved regulations
(affecting public health, safety or welfare). She reviewed a number of discussed
topics including the following:
• Definition of entertainment
• Differentiating between tasting rooms and wine bars
• Definition of wine bar
• Revisions to Alcohol Policy
• Entertainment Permit process
• Operator's license
• Operational agreement
• Businesses serving alcohol requesting alcohol in a separate category
• Background reviews for key individuals associated with alcohol serving
businesses
• Police Chief discretion to revoke a permit if it is under investigation
• Police Department will assess fees for investigation of valid complaints
Next Steps:
• Evaluate Newport Beach Ordinance relative to the Town of Los Gatos
• Draft formal Entertainment Policy
• Planning Commission and Town Council hearings
• Stakeholders outreach meeting
Diane McNutt clarified that the policy would be Town -wide. She asked for the
definition of an `operator" Wendie Rooney said operator includes owners, silent
partners and management staff.
Diane McNutt commented that it is important to understand what it is the Town is
trying to encourage. The term "nightlife" is troublesome to her. A policy should
be created that covers entertainment uses that are less of an impact, such as
guitar, harpist or piano. She asked about including large televised events such
as the Superbowl or other major sporting event. Are events such as outdoor
films or a fashion show considered entertainment. Need to consider what should
and should not be included in the definition. A wine bar is a hybrid of retail and
wine tasting. Perhaps fees should be assessed for calls of police service beyond
a certain number (similar to false alarm calls).
Steve Rice thanked staff for a complete and informative packet. He would like to
see the retail component strengthened so a wine bar cannot exist with only
service of wine. An operational agreement should be required for all alcohol
related business operations.
Barbara Spector asked who are considered stakeholders. Wendie Rooney
commented that stakeholders include the Chamber of Commerce and
businesses interested in obtaining an entertainment permit.
Heather Bradley commented that the next step after meeting with stakeholders
would be to include residents in the process (neighborhood meeting format).
Barbara Spector asked if wine bars are able to serve any size portion without
meal service. Wendie Rooney said that as currently proposed any patron could
order a glass or bottle of wine without food.
Barbara Spector asked if economic benefit has been defined. Wendie Rooney
commented on the social benefits of a community that offers different types of
night life.
Steve Leonardis commented that it is important for the community to decide on
the image that is desired for the Town. He would like to limit outdoor seating in
rear areas adjacent to parking areas and restricting hours. Entertainment should
be kept indoors.
Marico Sayoc commented that the relationship between commercial and
residential is Town -wide, particularly with development of former auto
dealerships and the North 40. There are a lot of neighborhoods outside the
Downtown that will be affected by this policy. Is the distinction of being a wine bar
versus a restaurant with separate bar needed. Clarification is needed on type 42
licenses as these types of licenses specify that minors are not allowed to enter.
This could affect family restaurants and establishments with retail sales.
Marcia Jensen thanked staff for the presentation. She asked if the entertainment
policy will be retroactive. Wendie Rooney said that it would apply to any recent
applications with the condition of approval requiring compliance.
Judith Propp commented that new permits, such as Los Gatos Bar and Grille,
Pedro's, Rootstock and Enoteca have had this condition included. Existing
businesses generally do not have to come into compliance with new regulations,
but the Town could consider an amortization schedule or alternatively,
development of a voluntary incentive program for businesses.
Marcia Jensen commented that she does not think it is a good idea to take the
Planning Commission out of the process. Streamlining may result in issues not
being presented. She is concerned about the Police Department having
discretion on who gets a permit as opposed to it going through a public process.
She does not see where the Planning Commission will be involved in the
process.
Wendie Rooney clarified that CUP's go through the Planning Commission before
going to Council. The Police Department recommendation on the entertainment
permit would be forwarded to the Commission with the CUP, and the public could
participate at public hearings.
Greg Larson commented that the materials that were provided are not draft
public hearing documents; they have been provided for study session purposes.
Charles Erekson thanked and complimented staff on their evaluation of two very
complicated issues. It is important to have a statement of philosophy or intent so
that it memorializes what we are trying to do. It is important not to overestimate
the need for careful use of words. Definitions need to be clear. The Alcohol
Policy should state how expectations for different types of establishments will be
set. Define types of establishments and their purpose in the policy, as well as the
type of entertainment that might be appropriate for each.
Joanne Talesfore commented that how tasting rooms and wine bars are defined
is important. She is concerned that a wine bar can also serve beer, and why that
is different than a restaurant that serves beer and wine. She is not sure that is
appropriate. A public safety fund is desirable to recover costs.
Tom O'Donnell commented that the Commission has been talking for some time
about obtaining guidance from the Town Council on this issue. The Newport
Beach Ordinance gives the power to the Police Department and City Manager.
Issues have arisen with entertainment. What does the term "strongly
discouraged" mean. Different areas may need different regulations. The
Downtown is completely different than other areas. It is not clear how we
visualize our Town and where entertainment should be allowed. He is concerned
about the Town not being "Whiskey Gulch" at 2:00 am. Need to define what we
want to do, then implement documents to help get there. The question of who
decides what and how it is decided is not clear. Where should entertainment be
allowed, and what should it be.
Margaret Smith commented that it is not clear who we are trying to attract to the
Town with this policy. What types of businesses are we trying to bring in to
enhance the Town and make it what we want it to be. Need to establish a
general philosophy. Is the intent to regulate nighttime entertainment, or
entertainment at all times. Tasting rooms are going toward adding beer and
spirits, and that needs to be considered. We are not the menu police. "Small
plate" is very vague and needs to be better defined. There has been a recent
shift in the Town's nightlife.
John Bourgeois commented on the permit process. It is a three - tiered approach
and he does not understand why each type of permit is needed and how that
streamlines the process. Wendie Rooney clarified that it allows more flexibility
and results in a faster response.
John Bourgeois commented that when a CUP is not required, it is a staff
decision, and that concerns him. Wendie Rooney noted that staff is
recommending a staff -level review and approval for a request for entertainment
that is not associated with a business serving alcohol. However, staff has not
fully evaluated how to process types of entertainment, such as outdoor venues,
that may be more problematic.
John Bourgeois commented that stand alone bars are strongly discouraged, yet
wine bars are allowed. He sees a conflict, and would like to see discussion on
that. The definition of entertainment is silent on use of a VJ.
3
Joe Pirzynski recommended that everyone take a look at the Campbell definition
of entertainment, it is quite "entertaining ". There is an extraordinary selection of
restaurants and bars in the Town. 98% of venues are serving the community in
way that is appropriate. He appreciates the focus of the Police in evaluating and
providing recommendations on business operations. There are a few individuals
and proprietors that are not handling situations appropriately. He would like any
individual to feel safe in the Downtown at any time of day or night, regardless of
age. The primary issues are not occurring in most establishments in Town. The
specific venues where problems are occurring should be isolated and attended
to. The nuances and issues associated with a wine bar are very interesting. We
need to attend to the problems and issues and not eliminate businesses that are
good for the community.
John Bourgeois commented that the Planning Commission has been concerned
with restaurants have been coming in with "food service counters" as they could
become essentially a stand -alone bar.
Diane McNutt commented that she would be interested in moving the 1:00 am
policy back to midnight.
Steve Rice commented that the two wine bars that have come through the
process have limited seating and could not function strictly as a bar. He would
also like to have a discussion on a vision statement.
Steve Leonardis commented that a wine bar means serving wine and beer, and it
is a different type of establishment than a bar. Service of hard liquor should be
specifically excluded.
Marcia Jensen commented that the policy is fairly broad. How will permits be
administered for a one time event versus recurring events, and should the type of
event be a factor.
Marico Sayoc commented that noise is a concern. When an application comes
before the Commission, she would like to know what the proper radius is for
noise evaluations.
Margaret Smith commented that for frequent visits by the Police, a fine could be
established.
Joanne Taiestbre commented that recovering public safety costs is desirable.
2. Co unity Benefit
Wendie Rooney explain he legislative history from 1991 to 2002 when the
current community benefit po i as adopted. The following issues need to be
addressed:
rj
This Page
Intentionally
Left Blank
Town Council Meeting 01/22/13
Item #1a
MINUTES OF THE TOWN COUNCIL /SUCCESSOR AGENCY MEETING
DECEMBER 17, 2012
The Town Council of the Town of Los Gatos conducted a Study Session and Regular
Meeting in the Town Council Chambers on Monday, December 17, 2012 at 5:30 P.M.
STUDY SESSION CALLED TO ORDER - 5:30 P.M.
Alcoholic Beverage Policy and Entertainment Program Study Session.
- Discuss and provide input regarding the modifications to the Town's Alcoholic
Beverage Policy and the Draft Entertainment Permit Program.
- Staff report made by Wendy Rooney, Strategic Project Director and Marni Moseley,
Associate Planner.
Council Comments
- Questioned if the proposed three tier permit process would go to Planning
Commission with the ability to have public input at that time.
- Questioned how staff identified a Broadway neighborhood.
- Questioned if all neighbors on Broadway and surrounding neighborhoods that are
close to establishments will receive notification.
Questioned if staff has done more work to define entertainment.
Questioned what businesses would be considered retroactive for the policy.
Requested clarification about the term community benefit.
Questioned if the City of Campbell was included in the surrey.
Questioned if an individual that owns an establishment that serves alcohol into late
hours, but only has a piano playing, would require a Type I permit,
Staff Comments:
- Commented that the process would include a Planning Commission hearing.
- Commented that the neighbors of Broadway contacted staff.
- Commented that staff has been collecting information from other jurisdictions about
how they define entertainment.
- Clarified the process for the two separate community benefit options.
- Commented that establishments that have received an approval within 2 years
would need to comply with the new policy.
- Commented that the City of Campbell was part of the original survey.
EXHIBIT 7
of Attachment 1
Verbal Communications
Mr, DeRollo
Commented that the Los Gatos Bar and Grill did not receive any meeting notices
and would like to be involved.
- Expressed concerns about fairness between establishments that are retroactive and
do not have to apply.
- Expressed concerns about the security issues.
- Expressed concerns about implementing ways to discourage parking in the
neighborhoods.
Requested information about the fee for Police calls and how that would be
implemented.
Mr. Kwasney
- Would like to have a better definition of entertainment and questioned if the
application would include a fast track process for types of entertainment that are not
loud.
Mr. Verga
Commented that he was glad to hear that some of the concerns from Broadway
residents have been addressed.
Mr. Karloff
- Expressed concerns about the enforcement of the policy.
Mr. Sears
- Commented that having strict policies may deny the Town a unique opportunity for
artists to express themselves.
Closed the Public Hearing
Council Comments
- Commented that these policies would enrich the Town's shopping and dining
experience.
- Would like to see hypothetical issues come back to Council
- Suggested that it would be helpful to have an updated list of establishments that
currently have CUPS.
- Suggested extensive outreach which would include a mailing to residents and
establishment within a 300 foot radius of establishments that serve alcohol.
- Would like additional input from Police Department relating to hours of operation for
businesses.
- Commented that the three tiered approach would cover 99% of the establishments
applying for applications.
- Clarified that the Los Gatos Bar and Grill did receive notification of the meeting.
P a l e 2
Study Session /Council Comments — Continued
Expressed concerns about the lack of a public process and that the Police
Department would be the only review.
- Suggested forming a panel for this process.
- Expressed concerns about a private security firm enforcing parking.
- Expressed concerns about the Police Department presiding over the security firms.
- Clarified that the public process does surround the application process and agrees
that the Police Department should be key.
- Would like to see the definition of "entertainment" defined.
- Suggested mission statement defining what the Town is trying to encourage and the
Town's objective.
Commented on recommending staff suggestions.
- Commented on general concurrence for the three tier process
- Would like to see options for determining hours of operation when approving an
application including why it should vary with the different types of entertainment.
Study Session Adjourned at 6:40 p.m.
BU ESS MEETING CALLED TO ORDER - 7 :00 P.M.
ROLL LL
Present: Ma r Barbara Spector, Vice Mayor Ste n Leonardis, Council Member
Marcia Jensen, ouncil Member Diane McNu , and Council Member Joe Pirzynski,
Absent: None.
PLEDGE OF ALLEGI CE
Olivia Lo from Van Meter a ntary School led the Pledge of Allegiance. The
audience was invited to pa ipate.
PRESENTATIONS
Commendations
Parthania Hic , Poet Laureate 2010- 12
Mayor B rbara Spector presented a c men
Yas Los Gatos Poet Laureate.
icks thanked the Town Council, Town 1 rt and recited an original poem, "Winter
to Ms. Hicks for her dedicated
and the community for their
Los Gatos."
Page 3
This Page
Intentionally
Left Blank
Summary of Live Entertainment meetings held September 12 2013
Stakeholders
Concern about opening a CUP
Outside entertainment should be considered
Cost to modify a CUP
Process to get an approval
Concern about renewal process
Why can the Town have outside entertainment but not a business?
Noise ordinance should be the regulator
Definition of entertainment should not stifle uses
Entertainment and alcohol service need to be treated separately
Loss of use for one business can impact another business. Want other uses to have
entertainment.
Community
The Town needs a full time Code Enforcement Officer
Code Enforcement Officer needs to work evenings
Noise complaints are not being acted upon by Police
Implement penalty fees for violating noise ordinance
Mixed discussion on whether or not Code Enforcement Officer should be able to cite persons
upon inspection if there is a violation
Police should not be dealing with code enforcement issues (i.e.: noise complaints)
Public does not want to burden Police with these types of calls
Police are too busy enforcing parking and queuing areas at existing businesses downtown to
handle other complaints about a business
Entertainment will bring more people into Town causing more problems
Web site needs to be easier to file complaint
If the Town can't enforce the uses we currently have, the Town shouldn't approve more
Entertainment will result in a noise problem
Residential uses are adjacent to commercial and noise easily carries into the residential
neighborhoods
CEQA process should be required to amend Town Code since noise will be an issue
There should be a master calendar of all events happening in Town to ensure there is not a
conflict (i.e.: St Luke's has concerts and Old Town is also having an event which has created a
problem in listening to the concert)
EXHIBIT 8
of Attachment 1
This Page
Intentionally
Left Blank
Marni Mose
From:
amy @azucajewelry.com
Sent:
Sunday, September 01, 2013 2:41 PM
To:
LiveEntertainmentOrd
Cc:
amy @azucajewelry,com
Subject:
Feedback on Live Entertainment Ordinance
Here's my brief feedback on the postcard I was sent:
Live entertainment contributes to the character of our town and our economic vitality. People want to live in and visit
our town because of its character. I oppose any attempt to limit live entertainment.
My philosophy is "the more the better ".
Anything that goes on downtown can potentially upset people who live near it. Only a "dead" downtown would not
negatively impact anyone.
Those who choose to live near downtown have implicitly accepted those negative aspects in favor of the positive ones.
I have lived here for 25 years, our daughter attends LG high, my husband is on the KCAT board, and I own the AZUCA
store downtown.
Thanks,
Amy Fasnacht
15740 Shady Ln
EXHIBIT 9
of Attachment
Marni Moseley
From: Helen Cockrum <helenreal111 @yahoo.com>
Sent: Sunday, September 08, 2013 12:33 PM
To: LiveEntertainmentOrd
Subject: proposed ordinance
Dear Council Members:
This is to register my disapproval of more live entertaimnent in downtown Los Gatos. Unfortunately live
entertainment almost always includes loud, electrically amplified music. This would negatively affect many
residents who live within a block of downtown.
Sincerely yours,
Helen Cockrum
159 Escobar Ave.
Los Gatos, CA. 95032
408 - 356 -2859
Marni
From: Mary Ellen Kaschub <mekaschub @comcast.net>
Sent: Monday, September 09, 2013 4:14 PM
To: LiveEntertainmentOrd
Subject: Comments regarding Proposed Live Entertainment Ordinance
To Town Staff regarding Live Entertainment Ordinance
I will be out of town on September 12 and not present to learn exactly what's proposed. I do wish to register my
concerns as a resident of Almond Grove, the neighborhood always most impacted by downtown activities.
My main concerns involve Traffic, Noise and Impact on our decreasing small town character.
In short, Los Gatos continues to become more and more of a "destination" locale for entertainment with the increase of
restaurants and bars which have opened in the last several years. I no longer go downtown on the weekends nor do my
friends wish to lunch here because of traffic and current lack of downtown parking, That said, live entertainment will
undoubtedly draw even more people to our town which benefits those establishments who provide it, but does not
benefit those of us who live here, especially in the downtown area.
Live entertainment, in my view, should be contained within the walls of the businesses who sponsor it;; it should not be
allowed after 10pm and parking facilities have to be increased plus parking violations monitored more closely in our
neighborhoods.
'n sum, please craft this carefully so as to not erode further the quality of our town.
Sincerely,
Mary Ellen Kaschub
320 Massol Ave.
Marni Moseley
From: Bill Holt <holt.bill @gmail.com>
Sent: Tuesday, September 10, 2013 1:45 PM
To: LiveEntertainmentOrd
Subject: Proposed Live Entertainment Ordinance
I regret 1 was not able to attend the hearing, but would be very interested in the proceedings and outcome. I live in any
area which is usually affected by live entertainment events at the high school and civic center and, to a lesser degree,
downtown.
In addition to formally permitted live events, 1 am quite concerned with those which are unplanned. Specifically,
beginning this year at the high school there have been sessions of very loud music sessions that appear to be practice for
some future events (in that they are very repetitious and not all that melodious).
These sessions sometimes begin late morning and continue almost continuously until 8 to 8:30pm and are so loud they
we cannot go about our business at home without closing up the house (which is more than inconvenient when it is hot,
as our 100+ year-old bungalow is not air conditioned). When we are working outside during these sessions, we have to
speak in significantly raised voice in order to hear one another. I have left a detailed message with the high school
expressing my concern, but have received no reply. Since the school year has started, these session have gradually
become less frequent, but are still ongoing.
Any help or advice you may offer would be greatly appreciated
Best regards,
Bill Holt
8 Central Ct., Los Gatos, CA 95030
408- 395 -0027
NMarni
From: Dave Schoenwald <desi9nwa1d @hotmai1.com>
Sent: Wednesday, September 11, 2013 8:22 PM
To: LiveEntertainmentOrd
Subject: Live Entertainment Permits
I understand that the Town will consider permitting for live entertainment in Los Gatos on Thursday Sept
12th. Unfortunately, I will be out of town and unable to attend the meeting. I am hoping that the town will
reject any requests from the Los Gatos Lodge or Los Gatos History Club specifically in regards to any amplified
music. I live on Bella Vista and both of these entities have been offering functions outside their normal
business. In the case of both of these; they are directly adjacent to neighborhoods in which any entertainment
carries into the neighborhood. I have called on several occasions to complain about wedding entertainment at
the Los Gatos Lodge when they have had DJ's at weddings playing music and partying late into the night.
Please consider that these places are in close proximity to quiet neighborhoods and asking to serve
entertainment functions that were outside the scope of their original use permits for which they
were approved, namely a lodging place in the case of Los Gatos Lodge and a social meeting hall in the case of
the History Club.
Sincerely;
Dave Schoenwald
143 Bella Vista Ave.
Los Gatos, Ca 95030
,08- 395 -3464
Marni Mosele
From: Dan Ross <danross @3141oan.com>
Sent: Friday, September 13, 2013 3:13 PN
To: Live Enterta inmentO rd
Subject: Live entertainment.
Hi,
I missed last night's meeting. I'm in support of more opportunities for live music in Town. This would enhance our
quality of life in Los Gatos, as a listener and performer. There aren't many live music venues in Town.
This could also provide an opportunity for our young musicians, who participate in Fisher and Los Gatos High music
programs, to have more opportunities to perform in front of a live audience. I support broadening our ordinance, and
bringing more live music to our Town.
Best regards, Dan
Dan Ross
408 - 314 -5626
225 AVERY LANE
LOS GATOS, CA 95032
408 -354 -0827
DATE: 9/12/2013
TO: Erwin Ordonez
RE: Proposed Live Entertainment Ordinance
TOWN Or= LUS GATOS
PLANNING C, ✓5ION
As a resident of Los Gatos, I have enjoyed attending numerous cultural events over
the years. In particular, the Sunset Concerts at Saint Luke's Church, 20 University
Avenue, Los Gatos. This is a highly respected series going into its' 16th season in
January 2014. Should live music be added to Main Street or University Ave.
anywhere near St. Luke's on the 4 nights of those concerts it will be disastrous! The
second half of the April 19`h concert was seriously compromised by a parade past
the church of perhaps 150 bicyclists with boom boxes blasting, horns honking and
bells ringing, not to mention hooting and shouting for 35 minutes. The performance
that evening was a String Quartet from Prague, see attached news item. There are
restaurants and the park very near St. Luke's Church. Any amplified music, even
indoors would bring damage to the 4 concerts. Has Los Gatos a Master Calendar?
I attended a funeral at St. Luke's where I could not bear the Priest speak over the
music from a near by restaurant.
Perhaps you can work something out for those 4 evenings; say, start t e muse a ter
IOPM.
I hope you will consider my concern.
Sincerely,
Elizabeth cCoy
Community Manager
[Piano] Trio Cavatina
with guest violist Samuel Rhodes
Friday, January 31, 2014, 8:00pm
Beethoven, Copland, and Brahms
Cuarteto Quiroga (from Spain)
Friday, March 21, 2014, 8:00pm
Mozart, Schoenberg, and Brahms
Season subscriptions may be ordered online at
SunsetConcerts.ora (Visa/MasterCard accepted).
Tickets will be mailed early January, 2014.
Four - Concert Subscriptions
Adults ....... ........................$100.00
Seniors (62 & over) .......... $85.00
Students (26 & under) ......$35.00
Individual Concert Tickets
$30 Adult, $25 Seniors, $10 Students
Mandelring String Quartet
Friday, February 21, 2014, 8:00pm
Beethoven, Mendelssohn, and Shostakovich
The Delphi [Piano] Trio
Friday, April 25, 2014, 8:OOpm
Faure, Henry Cowell, Haydn, and Schubert
Sunset Concerts began in 1999 with the
mission of enriching the Los Gatos community
with world -class music presented in our
intimate venue.
All concerts take place in the heart of
Los Gatos at Saint Luke's Episcopal Church,
in its historic Mediterranean -style sanctuary
and courtyard.
Programs are subject to change.
IN80X CONTACTS
Compose
x (2)
Conversations
Drafts (14)
Sent
Spam (1)
Trash (7)
FOLDERS
MESSENGER
Me: Invisible
ANDREW MARRINER
ANNE PALMER
Diana Westphal -Gore
djgreenleesbakery
Gunnar Hovden
hmelas
JOHN LANDOLT
jstetz58
lianakoteva
CALENDAR rwkw oP Anne• Marie,., I
Delete
n¢paius- maiLyahoo.com/neo /launch ?.rand= 66b8odmIc`
Move Spam Actions
Search Web Hi,
Elizab
review of Anne -Marie McDermott's Sunset Concerts recital - from ROJ11naaft aLa :sa PM
From TedLorraine@con st.net
To Susie Flenilng George 8 Anne Lewis Pollard 4 More...
cc TedLorraine
Pianist Anne-Marie • 9
Performs in Los Gatos
triciajogden
APPDCAnONS
Anne -Marie McDermott
In preparation for attending my first hearing of Bach's Goldberg
Variations BWV 988
, I purchased "Reinventing Bach" a book by Paul Elie. One anecdote in this scholarly
tome caught my attention immediately, primarily because the
scene occurred only
15 miles from where this monumental work was to be performed at Sunset Concerts
---al-Saint
man -whOhad an acid
trip that centered on the music of Bach and a wheat field. T he man was a young
computer enthusiast by the
tat Ha
Happens When
name of Steve Jobs, the place was Sunnyvale California
and the music was Bach's "Goldberg Variation S.
u Take a
stosterone
As I sat in Saint Luke's church last Friday evening mesmerized by renowned artist
Anne -Marie McDermott's performance,
DDIem nt .
I considered how more than two centuries
-- after its composition and half a planet away this
piece continues to speak to present
day audiences. The church was full to capacity for this much - anticipated program.
Performing throughout the
world as a soloist, in chamber groups and with leading
orchestras. McDermott has played music by composers from Beethoven
Wourinen,
to
and her recordings of Gershwin, Chopin, Prokofiev and Bach illustrate
the diversity of her musical interest.
Her program; the finale of this season's Sunset
Concerts at Saint Luke's, was to feature Prokofev's Sixth Piano Sonata alongside
the Goldberg Variations
and I wondered at the stamina anyone would need for a
performance of these two monumental pieces back to back.
Would these two works
sit happily side by side on the concert platform?
Originally composed for a two- manual harpsichord the variations may be performed
on one manual, as on the piano, but this adds to an already high
Complexity.
level of technical
The Yamaha piano used in the performance had a wonderfully warm
tone, with a sonorous bass.
The sound it produced was certainly not the sound
What Bach had in mind when he conceived the
work, but I'm sure he would have
embraced the modern concert grand, since he was a pioneer on the front line of
instrumental technology himself. The thirty -two
variations on a bass line and chord
Progression range from Baroque dances, an aria, a French Overture, to virtu sic
toccatas, and fugettas, all interspersed with a o
series Of canons demonstrating
Bach's fascination with counterpoint and reach, what some consider,
to be the
rf2
wuceu) - panmaiioears - ranoo! mau
of 2
http: / /us -mg.` 'il. yahoo. com /neo /launch ?.rand= 66b8otim1C58
became apparent that this is one of McDermott's strengths. Her delight in fast tempi
in the virtuosic passages was truly joyful as was her unfailing variety of touch and
intelligence in the slower, more introspective sections. McDermott says she plays
Bach every day: it nourishes her soul — and ours too in her outstanding rendition.
In the second half of the program we were 'taken on a complete journey'
(McDermott's description) and her special relationship to Prokofiev's piano sonatas
spanning forty years was magnificently portrayed in her performance of his Sixth
Sonata. Just as Prokoflev uses the full range of the keyboard to its very extremes,
so too, McDermott's playing brought our emotions to a heightened intensity: visceral
excitement, manic wit, abstruse sarcasm and gentle, but always intense, moments
of repose held the audience enraptured on the edge of their seats. She told the
audience that this is one of her favorite Prokofiev pieces and this was obvious in
every note of her performance, which gained her an immediate standing ovation.
McDermott showed she had strength and endurance in reserve when she selected
a Liszt transcription of Schumann's 'Widmung' for her encore. This piece has its own
technical gymnastics but the subtle voicing of Schumann's delicate melody is what
remained with me at the end of the evening.
And yes, most assuredly, Bach's Goldberg Variations and Prokofiev's Sixth Sonata
can not only stand together, but more importantly, complement each other — in the
capable hands of a supreme artist.
End
Born and raised in England, Heather Morris received her Bachelor of Music degree
in piano and clarinet from Sheffield University. She currently teaches piano, clarinet,
theory and composition and writes classical music reviews for the Santa Cruz
Sentinel. She is a member of ASCAP and has written orchestral, chamber and piano
works. A member and evaluator for the Music Teachers' Association of California and
the National Guild Heather is also a member of Piano Renaissance, a performance
group based in the East Bay.
I
G d
i-1 C
lu O
"U
�y.Vria `o
^ N N
i WEu
•� N (0
� t V
i
� m
L" E
U
o
a+ ._
c a
/^y c E
�d �U
a
i. EE0
�6m
" fro
O
o c
0
yLs
QJ 0
�•y N
U
® � O
C
`r •LI � O
c
� m o
�nU
Sao
W
m
Z
� C
i a
� y
O
`�y a
Sao
m H
slc `o
W ]
U
O
O
i
G
c
0 0
0
m E
E E
E
z�i
o
S U
O-
32
�o
mo
c
ad
h�
O
ti
0
O
ma
m �
� O
6 d
D �
s �
d
W
x
if o
O �
c `m
O
� m
m Z
� O
Or d
m 2
i o
o >_
_O
> U
dLL
D
U
ac
io
0
O
W
P
3
0 ^
Nm
_cv C
3,
a2
a F
9
O b
U q
I �
u
0 y
�e
m
2 A
m v
f Y
mFa
y •' C
•ao
q O f
xvu,v
5
m m
6 O m
z
a
�Eo
ya'.
mti
` � b
a'
I �
C
e � E
f m o
Q oGG nP Tye U.�c.��,c vVy uu CrG Vv4
T GrJ- ^R4^CO T.FO- GP CN F'�+U
ilain;
a` L m
O °EUUFi � Cr'GV U`9 u'V� Ov inO
=FZ c'c ° =nom sc^2
c
4Uyy'�uGV
m
39c JUOGNLC` 00�'n
LVEE- <G US CiV C<.OGS fC"±
pH V`D �Eco._v..cuQ
a sn =nE uu. enn �u coo
._ = L d
mEE h�o_
v O C V il d V V Ste^• r_J- GO=
^cnU �;�o °o v.5rc3
NEE o._ bey RC'._a y ^•. E
<c `9R EE3= F"E-�p cm
U R L O R� V O A OO v
C N •U- > G O
F'o ._mc cCo'co'� °v yz
C E
0
� C r� RC y ri• T
L
.. RC
q'E d S o
n_^
T'O E U o
P& = O
a ry V_ L
0
c` RG°.0 Eon.
3 !c vR o --
o- `_'vatic R.o
a o
: °c c.y v, °Vajuq R c�'a uE .�o'y yul
Y C U j w m 2 R
mo vo�u3nE�' Ey Em ai '_�w =may
a.• o °-o� _ E °=� �`.° a F RQ.Q .oX3mPv m
G �„ E R c m= E z a= o
ol-v E.� cyE R FU m.,> -R•�ji =�
m "W EovJ�E °e_ic 'eooa eue mT.O -�
p,F L9yCVy6G O V Uy
Z"'
wE N.y Cj
O 'R O
O9 6 > r__c a . °cm 8 3 EU
c u R= C
L 3�0 E ^T �"Cp0 O
cla v`
c` a
S
'a
N C
o
� N
n �
QLO
•m`
f �
c =
c n
� Q b
u d
do
Y •
�a
ais
' ?ru
R 7
S p c
N G O U
oo- V m"RE
o u
HuEm u y
N ..
" u c
� N O y O GpS
mo c cn
cy "O U r
Uyo..GC-
E o
U•R r� �.
^ R C N ^-• �
m
f E
F u O O V c V
C vy`O �RRm
CS C N(J dV
G ^
�=QoEi`Eai
�V,.y3LV u-y
U P F =
L
c _R� cpF
O T G E
F c 3 m F ti
R v v N
... N i
y o
U C v C> E E
O O E F
_ a
^ ^ s m E v
mJ z
Cg.��oy
v_Eyy-7
• ^.` �U.J .R .O R 6
N
Ol
C
O
U
N Q
f
-o m
E h
j
U
E a
E O
m y
C
D O
a
d
U
6
d
U
0
Q
d
E
U
`m m
t m�
o •
r m
o
c t
C
u
O
N
y
O
W
O
e
a
N
m
0
U
0
O
6oE
_cc 5
O �
a
Y
L
LL
r0'I
a
<
U
O
O
Y
C
c �
_h
t U
o �
D �
� U
m
C
N
N
This Page
Intentionally
Left Blank