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Attachment 2TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT cos ont Meeting Date: September 25, 2013 PREPARED BY: Erwin Ordonez, AICP Senior Planner EOrdonezna,losgatosca.gov Mami F. Moseley, AICP Associate Planner MMoseleyQa losgatosca.gov APPLICATION NO.: Town Code Amendment A -13 -04 LOCATION: Town -wide APPLICANT: Town of Los Gatos ITEM NO: I DESK ITEM 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. ACTION: Recommendation to Town Council EXHIBITS: Previously Received with September 25, 2013, Staff Report 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 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 a% Planning Commission Desk Item - Page 2 Ordinance Amendment / A -13 -04 September 25, 2013 Received with this Staff Report 10. E -mail correspondence from Larry Arzie, dated September 22, 2013 11. E -mail correspondence from Chris Wiley, dated September 22, 2013 12. E -mail correspondence from Susie Fleming, dated September 25, 2013 REMARKS: The attached e -mail correspondences regarding the Alcoholic Beverage Policy and Live Entertainment Ordinance were received after the staff report was distributed. Prepared by: Erwin Ordoiiez, AICP Senior Planner C '. y -��i C proved ail dy L. Baily, AICP Director of Community Development N.\DEV\PC REPORTS\2013WBP &ENT- dsk.doc Prepared by: Marni F. Moseley, AICP Associate Planner Erwin Ordofiez `•om: David Stonesifer <larryarzie @gmail.com> nt: Sunday, September 22, 2013 4:25 PM To: Erwin Ordonez Subject: entertainment policy Attachments: Document5- 2.docx Please give copies to planning commission, thank you, Larry Arzie EXHIBIT 10 of Attachment 2 Planning commission /Entertainment ordinance. First I would like to address why we are even doing this. Staff claims they were instructed by Council to start the ball rolling. In fact it was staff that brought this issue up to Council first. I asked WHY? They claimed because of the numerous requests for live entertainment. I asked how many is numerous suggesting 5, of which they did not deny. So the question again is why? I feel our ordinances are more than adequate to take care of these requests. This is a staff instigated affair, so lets stop blaming council. I would like to point out the 2 tiered process is not adequate. DRC or Staff approval on level 2 has not enough safe guard. Level two needs to include noticing of the neighborhood as far as sound carries, so that community input can be supplied. Further any final approval should be on the Council Consent calendar for further community input, thus avoiding an appeal. I see that no consideration of concentration of these permits in the CBD. By not regulating the quantity of these permits to a limited number is not protecting our neighborhoods as called for in LU6.1 and LU10.13. in the new general plan. I would suggest no more than 1 per block on the residential side (west) of Santa Cruz Ave. etc. Policing or Enforcement is left loose. At the last public meeting the Police Representative claimed it is not their job. I say it is and a written report be sent to the Town Council for every complaint made. No exceptions. Clear instructions to the police must be included. There was a recent fudged interpretation of the parking ordinances in the CBD (movie house) by our town manager claiming intensification does not require additional parking. The town manager was directed to "do better in the future ". So you must follow councils instructions to the town manager, "do better" Otherwise you will have to make a finding that Entertainment Permits are not an intensification and additional parking is not required. The Parking District regulations clearly do not allow intensification without adding parking. In definitions in the final ordinance Small plates should not be described as Tapas or Bocas or even Pinchos. Take it from a Spaniard these are not small plates. These are not meals if served for only one person or split with 2 or more. As it is ,4 tiny pieces of cheese and a cracker meets the definition. Otherwise it would take at least 3 tapas plates for a for one person. Small plates should otherwise he more accurately defined as a minimum of 8 ounces of prepared food. Tapas are a precursor to a meal like horderves. In Specific Policy definitions I question why a wine or beer bar not be required to serve meals with alcohol. These drinks are all that a lot of people consume when they go to a regular bar. Food should always be required where alcohol is served not just be made available. Why such a dramatic change in policy ? ? ?? Where this recently happened Dianne McNutt was recently blown away that she voted for this at a recent council meeting. This council approval was an aberration not new policy. On the exemption list I see that open house uses were not included. You might want to add Art Galleries and Museum openings to the list. Larry Arzie Sept. 22/13 Th is Page Intentionally Left Blank From: Chris [mailto:wileychris(o)yahoo.coml Sent: Sunday, September 22, 2013 7:00 PM To: Arlene Hoimboe; Erwin Ordonez; Marni Moseley Cc: BSpector Subject: Comments from Chris Wiley for the Town of Los Gatos Live Entertainment Ordinance and Alcoholic Beverage Policy Hello Folks, I have a bit of a concern about the subject Ordnance in the fact that we have not put in place, the way that this Ordinance will really be enforced properly. Will fines be issued for those not keeping in compliance? As many are aware, I went to the open meeting with discussions about entertainment and noise in general coming from our places of eat, drink and entertainment /recreation. Over many years I have heard from the Campo di Bocce managers that they are a "as a pillar of the community, our neighbors are not negatively affected by any of their practices ". It is always someone else fault that they have noise that is effecting the neighbors, whether it be directly from the Bocce Courts or their patrons or their big loud busses or their workers breaking bottles when they empty them into larger containers or steam machines running from 10pm to after midnight, as well as, not monitoring the parking. These are just a few of the practices that keep the neighbors awake or just plain annoying with the aforementioned items. When I personally complained, I was told they never hear from others about the problems. They make it look as if I am at fault for complaining. I wanted to make sure I was not just acting on behalf of my neighbors so I put together a sign up sheet that asks the following - I am in the neighborhood located near Camp di Bocce of off University Avenue, in Los Gatos. Where I live I can hear the noises from the place of business from 8:00 p.m. to 8:00 a.m. Attached are the names and signatures from just a few of the neighbors - many were not home when I began this list. I plan to get more signatures by Wednesday's meeting. Actually, I was quite surprised how many folks were upset. When I asked why they didn't complain they told me that they did not think anyone would do anything. They felt that even after all my years of complaining, little has been done. My concern is that if the Campo di Bocce business is aloud to begin playing music and other loud entertainment, this will add to the issues we already have. The Business has been there for over 16 years and has been very successful. Please note, no one wants to put them out of business - just to police their business. They need to follow through with: their enforcing patrons who are noisy, pay attention to the car alarms from their patrons and workers, put up no parking signs on private property where their patrons park, clean up areas their patrons have messed up, stop the loud busses from EggIBIT 11 of Attachment 2 keeping their engines running and parking in front of our homes (they tell us they have no control yet if it were not for their business the vehicles would not be there) and other issues neighbors have. One that is special, is that when we put out our trash cans on Weds night, many of their patrons move the cans on the sidewalk and if no one has the chance to put them back at the curb, the trash is not picked up. I do not think it is the neighbor's job to stay up late at night and put the cans back where they should be. Historically, this site was for a lumber yard that did all its business from 8:30 a.m. to 5 p.m. There were no noises coming out of the place at night. I, along with a few neighbors supported the Bocce court when they applied for the Conditional Use Permit - CUP. We were told by the owner that the place was going to be low key - a place where locals can play some bocce and have some cold cuts /salad with wine or beer. That never happened. I have written to the Town, called the police, told the owner and managers and attended meetings. Giving credit where it is due, some issues did go away, but slowly they sneak back. The Town must come up with a way to enforce this ordinance, as well as, possibly set a system for fining businesses for not adhering to the Town's other ordinances and regulations for entertainment and noise. I do plan to make comments at the meeting for the 25th of September, as well as, this submission. Chris Wiley I am in the neighborhood located near Camp di Bocce off University Avenue, in Los Gatos. Where I live I can hear the noises from the place of business from 8:00 pm to 8:00 am. Print Name FIM- I Address Comments sr LL 'l ►� i ■:.�. .�I 1► / %O/�i"ll /35� / � %r V .aa irl sr LL This Page Intentionally Left Blank Erwin Ordonez From: Susie Fleming <sflemin @hotmail.com> Brit: Wednesday, September 25, 2013 6:17 AM ro: Erwin Ordonez Cc: Ted Lorraine Subject: Sunset Concerts proposes master online Town Live Entertainment calendar Dear Mr. Ordonez, My name is Susie Fleming and I am Co -Chair of the Sunset Concerts at Saint Luke's Committee along with Co- Chair Ted Lorraine. Ted mentioned that prior to leaving for his European trip on Sept. 12, he was able to express his concerns about the Live Entertainment Ordinance on behalf of Sunset Concerts. As Ted is still out of the country, and will be through Sept. 26, 1 am writing to you now, also on behalf of Sunset Concerts, to make the following suggestion: Upon review of the Town of Los Gatos, Planning Commission Staff Report, prepared by you and Marni Moseley for the upcoming September 25, 2013 Planning Commission meeting, it appears that the Planning Commission is prepared to recommend to the Town Council the adoption of the Amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding land use regulations for live entertainment uses. If so, we urge the Planning Commission to also consider and recommend to the Town Council the creation and maintenance of a master Live Entertainment Calendar on the Town website as part of the adoption, thereby widing up -to -date public visibility of all planned Live Entertainment events on a regular basis. Thank you for your consideration. Sincerely, Susie Fleming Co -Chair Sunset Concerts at Saint Luke's Committee MIBIT 12 of Attachment This Page Intentionally Left Blank