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AddendumNN !ps fi�'t09 COUNCIL AGENDA REPORT DATE: April 4, 2014 MEETING DATE: 4/7/14 ITEM NO: O ADDENDUM TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER A4 p4y� SUBJECT: ZONING ORDINANCE AMENDMENT A -13- 14 AND TOWN CODE AMENDMENT REGARDING LIVE ENTERTAINMENT. APPLICANT: TOWN OF LOS GATOS. A. INTRODUCE ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING ENTERTAINMENT. B. INTRODUCE ORDINANCE TO CHAPTER 3 (AMUSEMENTS) OF THE TOWN CODE REGARDING A PERMIT FOR LIVE ENTERTAINMENT. C. ADOPT A RESOLUTION TO AMEND THE ALCOHOLIC BEVERAGE POLICY. STAFF REMARKS: The attached letter was received after distribution of the staff report (Attachment 16). ATTACHMENTS: Received Under Separate Cover 1. September 25, 2013, Staff Report to the Planning Commission (including Exhibits) 2. September 25, 2013, Desk Item to the Planning Commission (including Exhibits) 3. Excerpt of verbatim minutes from the Planning Commission meeting of September 25, 2013 4. October 9, 2013, Staff Report to the Planning Commission (including Exhibits) 5. October 9, 2013, Desk Item to the Planning Commission (including Exhibits — Note: There is no Exhibit 13) 6. Excerpt of verbatim minutes from the Planning Commission meeting of October 9, 2013 7. Summary of Planning Commission questions and issues regarding Draft Alcoholic Beverage Policy and Entertainment Ordinance PREPARED BY: SANDY L. BAILY Director of Community Development Reviewed by: 1 * Assistant Town Manager Town Attorney Finance N: \DEV\TC REPORTS\ 2014 WBP.Entertainmentord- add.dmx Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ALCOHOL AND ENTERTAINMENT ORDINANCE /POLICY Received with this Report 8. Required Findings 9. Draft Zoning Ordinance, Chapter 29 10. Draft Town Code Ordinance, Chapter 3 11. Draft Resolution with Alcoholic Beverage Policy 12. Restaurant concentration map 13. Stand -alone bar concentration map 14. Alcohol concentration map 15. Matrix Received with this addendum 16. Letter from Larry Arzie (one page), received April 3, 2014 SLB:ah Town Council April 3,1014 Re: alcohol and entertainment policy You cannot have an alcohol /entertainment policy without factoring in intensification. The ramifications have been made clear by staffs misreading of the CBD parking district ordinance and the then councils willingness to go along. C.U.Ps for restaurant /wine and alcohol applications in recent years have been, in part, approved as our town managers claimed there was no added intensification and they met parking district requirements. Intensification requires more parking spaces, which have not been provided by recent applicants. Earlier applicants for alcohol /entertainment permits were made to provide actual parking spaces, valet service, or by paying a fee. Lately no effort has been made to continue any cure or mitigation. Continued abuse of the parking district ordinance at manager level must stop. This is disrespectful and harmful to our community. Parking regulations demand additional parking for intensification. To avoid further mal interpretations we must either do away with the parking district regulations or wrap it tightly around the new alcohol and entertainment policy. For those applicants that are waiting for the new policy to be finished, and agreed to the consequences, they must somehow take financial responsibility and adhere to the parking district regulations that otherwise would not have allowed them to open. There is a way to be fair to everyone. Back payment of assessments by the landlord and valet parking, are ways to cure their responsibility. RECEIVED Larry Justo Arzie APR 3 2014 ATTACNNENT 16 TOWN OF LOS GATOS PLANNING DIVISION This Page Intentionally Left Blank