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
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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
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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
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