Staff ReportMEETING DATE: 10/06/15
ITEM NO:
!p8 CAt °9
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 22, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER V � A_ " 7/ .
SUBJECT: PROVIDE DIRECTION ON THE TOWN'S DEFINITIONS AND POLICIES FOR
FORMULA RETAIL, SPECIALTY RETAIL, OUTDOOR SEATING, AND
RELATED BUSINESS USES AND PROCESSES
RECOMMENDATION:
Provide direction on theTown's definitions and policies for formula retail, specialty retail, outdoor
seating, and related business uses and processes.
BACKGROUND:
At its September 1, 2015 meeting, the Town Council began discussions on Town definitions and
policies for formula retail, specialty retail, and outdoor seating. The Council heard from several
business owners and stakeholders who identified a number of concerns regarding conducting
business in Los Gatos. Following the public hearing, the Council voted to continue this item to
October 6, 2015, and requested that staff return with information that includes a compilation and
summary of those items presented by the public speakers including formula retail, Conditional Use
Permits (CUP), outdoor seating, and tying seating to parking requirements. The Council also
requested an outline of the processes that would apply should Council choose to affect change on
any of the categories.
DISCUSSION:
From the public testimony by business owners on this topic, staff compiled a list of concerns that
were addressed by the speakers. In addition to those specifically named in the Council motion,
Council indicated "etc." and staff has interpreted the "etc." to include: Ordinance 2021 which
strongly discourages the replacement of retail with a restaurant use, traffic impact fees on new
business models, CUP compliance, and simplifying the process for business to operate in Los
Gatos.
PREPARED BY: MONICA RENN
Economic Vitality Manage
Reviewed by: ! 11_%Assistant Town Manager 44LTown Attorney Finance
NAMGRUldminWorkFilest2015 Council Reports \October 6\Formula Retail specialty Retail and Outdoor Seating.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: FORMULA RETAIL, SPECIALTY RETAIL, AND OUTDOOR SEATING.
SEPTEMBER 22, 2015
DISCUSSION (cont'd):
Staff has compiled topics raised on September 1, 2015 into the categories of formula retail,
specialty retail and outdoor seating. Addressing the CUP process and simplifying it for businesses
should be addressed as a final step, once Council has addressed each of the topics of discussion
outlined below because the direction pursued could dictate process changes. For each topic of
discussion, staff had provided remarks and the process for affecting change based on Council
direction.
FORMULA RETAIL
DISCUSSION
POINT
Balance of
formula versus
independent
retail locations
in downtown
The number of
existing
locations and
their locations in
the world that
would classify a
merchant as a
formula retailer
by the Town
Adding
restaurants to the
formula retail
provisions
STAFF REMARKS
There is currently no set balance. The
notion of an "80/20 rule" was a suggestion
by a previous Council member that is not
contained within any policy or ordinance.
The Town currently defines a formula
retailer as any retailer with more than 7
locations anywhere in the world. This is
among the most restrictive policies
benchmarked with other cities, as most only
restrict the number of locations within the
United States. Staff would recommend, at a
minimum, amending the definition to
include more details and criteria for
defining formula retailers in an effort to
provide clearer direction to prospective
businesses.
Through research, staff discovered most
jurisdictions include restaurants in their
formula provisions. In Los Gatos,
restaurants require a CUP either way;
however, since CUPS run with the land, a
national brand restaurant could
hypothetically move into the space of a
former independent restaurant, cafe, etc. If
it is the desire of the Council to keep
formula retail restrictions in downtown,
including restaurants should be considered.
PROCESS FOR AMENDMENTS
If the Council elects to add a specific
balance, this could be done by either
adopting a policy, or adding it to the
Town Code along with the other
guidelines for formula retail. A Town
Code amendment would require
public hearings by both Planning
Commission and Town Council.
The Town defines formula retail
within the Town Code, and provides
findings for deciding bodies to use in
their decision making. Any changes
to the definition or how it is applied
would require a Town Code
amendment to Chapter 29 "Zoning
Regulations" with public hearings by
both the Planning Commission and
Town Council.
Adding restaurants would require a
Town Code amendment with public
hearings by both the Planning
Commission and Town Council.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: FORMULA RETAIL, SPECIALTY RETAIL, AND OUTDOOR SEATING.
SEPTEMBER 22, 2015
DISCUSSION (cont'd):
SPECIALTY RETAIL
DISCUSSION STAFF REMARKS PROCESS FOR AMENDMENTS
POINT
Specialty retail
versus
restaurant: How
they are defined
and permitted
Seats in
specialty retail
locations
2021,
Attachment 7
Staff recommends that the Council review
and adopt changes to the Town's
definitions of restaurants, aligning them
more closely with those defined by the
traffic impact policy, and perhaps add a
definition for specialty retail. Should the
Council agree, staff also recommends
rescinding of the Specialty Retail
Administrative Policy.
In addition, the Council may wish to
identify which food uses should require a
CUP.
Council could choose to allow specialty
food retail uses to offer very limited seats
to customers. Attachment 5 offers some
suggestions of limited seating
calculations. Offering these seats could
allow merchants to create a more
customer friendly experience, while
keeping the seat allowance low to ensure
that the space could not become a full
restaurant without review through the
CUP process. Seats could be allowed at a
ratio of seats per square foot, or a set not
to exceed number.
this ordinance is still desired, and if so,
would it be most appropriate to only
include those restaurants that contain a
full kitchen. Small restaurants without
kitchens could more easily return to a
retailer in the future.
The Town currently uses an
Administrative Policy to define
Specialty Retail. This could be
rescinded by the Town Council.
The absence of this policy would
require any food related use to go
through the restaurant CUP process.
Amending the way the Town defines
various categories of restaurants and
specialty retail would require a
Town Code amendment to Chapter
29 with public hearings by both the
Planning Commission and Town
Council.
Allowing seats for
could be addressed in the Town
Code, or in a Policy. Town Code
amendment would require public
hearings by both the Planning
Commission and Council, whereas a
Council Policy could come directly
back to Council for approval.
Amendment or recession of this
ordinance would require public
hearings by both Planning
Commission and Town Council.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: FORMULA RETAIL, SPECIALTY RETAIL, AND OUTDOOR SEATING.
SEPTEMBER 22, 2015
DISCUSSION (cont'd):
DISCUSSION
POINT
STAFF REMARKS
PROCESS FOR AMENDMENTS
Traffic Impact
Currently, the Town's Traffic Impact Policy
Council could vote to review and
Policy
defines specialty retailers as "walk -in,
amend the Traffic Impact Policy.
definitions &
impulse businesses such as juice bars coffee
Redefining businesses uses would
traffic mitigation
shops, yogurt shops and donut shops," and
require a Code amendment and public
fees
not requiring them to pay restaurant type
hearing by both Planning Commission
traffic mitigation fees. Changing a use, for
and Council.
example from retail to restaurant, causes a
significant increase in average daily trips,
per the Institute of Transportation Engineers
calculations, thus requiring new restaurants
to pay $879.00 per trip. The Town has lost
interest from several new independent
eateries because of this fee alone. There is a
spectrum of options that the Council could
consider including:
• Define specialty retail as an impulse
business in the Town Code to reflect
the Traffic Impact Policy. This
would require amending the way the
Town defines restaurants as well.
• Assess the traffic mitigation fees for
increased trip generation only in the
case of a newly constructed
development.
• Do not apply traffic impact fees to
downtown given that most
customers visit more than one
merchant location when they visit
downtown.
• Establish a minimum threshold of
square footage, for the assessment
of traffic mitigation fees. Some
jurisdictions do not apply a traffic
impact fees to any business under a
specific number of square feet. For
example, any business moving into
a space smaller than 2,000 square
feet would be exempt from traffic
impact fees.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: FORMULA RETAIL, SPECIALTY RETAIL, AND OUTDOOR SEATING.
SEPTEMBER 22, 2015
DISCUSSION (cont'd):
OUTDOOR SEATING
DISCUSSION
STAFF REMARKS
Addition of Council could choose to allow any
outdoor seats restaurant with adequate outdoor space for
ADA and pedestrian access to add seating,
and not include this in the overall seating
count for the restaurant.
Defining and
calculating seats
As trends emerge in various commercial
industries, seating styles often change to
meet these trends. Seats or areas to convene
may take many forms, some of those may
include: stand -up counter space without
seats; large communal tables seating
multiple parties; couches, benches,
ottomans, and lounges; and traditional
options of tables with chairs or booths. It
becomes difficult to assign a number of
"seats" to the options that do not include an
individual chair, one of a few reasons why
staff recommends that the Council discuss
and provide direction on how seats are
defined and calculated, regardless of their
location within the restaurant.
Currently, the number of approved seats is
tied to the number of parking spaces
credited to a commercial space; however,
some patrons use alternate transportation,
ride together, or park once and visit several
downtown locations. Thus, it may be more
appropriate to allow restaurants to define
seating based on the fire occupancy code.
Most jurisdictions benchmarked either use
this method, or allow seats based on square
footage.
Rooftop Seating I The notion of rooftop seating was raised by
property owners as a way for customers to
dine outside without encroaching on public
right -of -way.
PROCESS FOR AMENDMENTS
1 his could be addressed as a Uouncul
policy or packaged with other Code
amendments, which would require
public hearings by both the Planning
Commission and Council.
A policy could be adopted by the
Council that defines seating types;
however, if changes are considered for
how seats are calculated within
restaurants, a Code amendment would
require public hearings by the
Planning Commission and Town
Council.
Allowances for rooftop seating coui
be made through a Council adopted
policy, or Code amendment with
public hearings by the Planning
Commission and Council.
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: FORMULA RETAIL, SPECIALTY RETAIL, AND OUTDOOR SEATING.
SEPTEMBER 22, 2015
CONCLUSIONS AND RECOMMENDATION:
Staff recommends that the Council provide direction on the Town's definitions and policies for
formula retail, specialty retail, outdoor seating, and related topics. Given the complexity and
connectivity of these issues, the Council may wish to structure their discussion as follows:
• Formula Retail
o Consider the original intent of the formula retail provisions, and if these provisions
should still apply to the Los Gatos business community.
o If it is still the desire of the Council to maintain them, direct staff to prepare Code
amendments to address one or more of the following:
■ Modify the definition (see Attachment 2) to add more clarity for qualifying a
business as a formula retailer;
■ Include restaurants in the formula provisions;
■ Limit the existing locations that qualify a business as formula to the United
States; and/or
■ Increase the threshold of minimum existing locations to a number greater
than 7.
o Consider defining a specific balance of formula to independent retailers, and include
this language within the proposed Code amendments.
• Specialty Retail
The Council may direct the preparation of Town Code amendments and /or a new Council
Policy to address one or more of the items bulleted below. If a policy is elected, Council
could direct language for that policy at this meeting, and staff could return with a drafted
policy for review and approval at the next scheduled Council meeting.
o Consider the intent of having provisions for a specialty retailer that allow for a food
use that is not a restaurant. Identify specific amendments that address the Council's
preferences for how the Town defines and permits specialty retail type uses.
o Consider the current application of the Town's Traffic Impact Policy and how it
defines specialty retail /impulse businesses. Identify specific amendments to the
policy or its application.
o Consider allowing limited seats at a specialty retail location, and identify specific
allowances and capacity, if applicable. Identify the allowances within a proposed
policy or Code amendments.
PAGE 7
MAYOR AND TOWN COUNCIL
SUBJECT: FORMULA RETAIL, SPECIALTY RETAIL, AND OUTDOOR SEATING.
SEPTEMBER 22, 2015
CONCLUSIONS AND RECOMMENDATION (cont'd):
o Consider amending all food use /restaurant use definitions to allow for clarity and
continuity with one another. Depending on Council's decision to define specialty
retail, redefining the restaurant definitions may be required. Attachments 5 and 6
provide existing and draft definitions to help guide the discussion.
o Consider the intent of Ordinance 2021, and if this ordinance is still desired by the
Council. Direct staff to prepare the appropriate documents to reflect Council's
decision to rescind, amend or take no action.
• Outdoor Seating
The Council may direct the preparation of Town Code amendments and/or a new Council
Policy to address one or more of the items bulleted below. If a policy is elected, Council
could direct language for that policy at this meeting, and staff could return with a drafted
policy for review and approval at the next scheduled Council meeting.
o Consider guidelines for outdoor seating including the use of the public right -of -way
and private property, including rooftop seating.
o Consider mechanisms for permitting outdoor seating on both a temporary and
ongoing basis.
o Consider and determine how the number of outdoor seats should be calculated and if
it should be a part of the total seats allowed in a restaurant, or if additional seats can
be permitted if outdoor space exists.
o Consider how the Town defines seats both indoors and out, and if seats should be
permitted based on on -site parking and parking credits, square footage, or fire code
occupancy.
Changes to Chapter 29 of the Town Code require public hearings by both the Planning Commission
and Town Council. Staff could prepare a comprehensive Town Code amendment that addresses all
of the potential changes recommended by the Council with recommendations for changes to the
Conditional Use Permit process and regulations, so that they could be addressed at one Planning
Commission meeting, then one Town Council meeting. Moving forward, new CUPS would be
conditioned based on the newly adopted code or policy language.
For items that do not require a Code amendment, Council may elect to direct staff to draft one or
more Council Policies. Such policies could be drafted based on the direction given at this meeting,
and could be returned as quickly as the next Council meeting for further consideration and approval.
For existing businesses with Conditional Use Permits more restrictive than new policies or Code
amendments, Council could choose to include language in the ordinance that allows CUPs in
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: FORMULA RETAIL, SPECIALTY RETAIL, AND OUTDOOR SEATING.
SEPTEMBER 22, 2015
CONCLUSIONS AND RECOMMENDATION (cont'd):
existence before its adoption to be held to the least restrictive guidelines between the Code and the
existing conditions. The other option would be to reopen all existing CUPS for modification, which
would be an extremely costly and time intensive process.
COORDINATION:
This staff report was written in coordination with the Town Manager's Office and Community
Development Department.
FISCAL IMPACT:
None
ENVIRONMENTAL ASSESMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments (previously received with September 1 2015 Council Agenda materials and
redistributed for your convenience):
1. Illustration of relationship between the regulations that affect business uses
2. Formula Retail: current definition and recommended amendments
3. List of current Formula Retailers in the Downtown
4. Specialty Retail Administrative Policy
5. Recommendation for Specialty Food Retail definition and seating ratio calculations
6. Current Restaurant Use definitions and recommendations for amendments
Attachments received with this report:
7. Ordinance 2021
DISCUSSION POINTS & RELATIONSHIPS BETWEEN BUSINESS REGULATIONS
• Identify specific characteristics to define Formula
Retail, considering best practices:
• Number of existing locations
• Locations of existing retail locations (US vs.
Worldwide)
• Extending the regulation to include all
commercial retail including restaurants and
specialty retailers.
o C2 zone vs other commercial zones
• Compare all definitions for consistency and clarity:
• Specialty Food Retailers
• Restaurant uses
• Consider Traffic Impact Policy definition of "Impulse
Businesses."
• Should there be a consideration for Specialty Food
Retail with alcohol service?
• Should limited seats be allowed in a Specialty Food
Retailer?
• Number of Seats: Calculations based on
parking or Square footage
• Types of seats: benches, stand up counters, or
other quick resting points.
• Consider the placement of seats:
• Private /Commercial property
• Rooftop or patio seating
• Use of public right -of -way
• Temporary (Parklets or seasonal)
• Ongoing use
• Consider permitting the use of public right -of -way:
o Encroachment permits (temporary )
o CUP (on going use)
o Other mechanism
Implement barriers for ABC if alcohol service is present
Calculating outdoor seating- Should it be a part of the
total seat count?
• Should the way we calculate total seat be modified?
• Consider trends in communal dining and gathering:
o Communal Seating (benches, couches, etc.)
• Seat regulations:
o Types of businesses allowed to have
seats
o Calculation of seats based on
parking, square footage, or fire
occupancy code.
• Placement of seats (indoor vs
outdoor)
• Non -food establishments looking for
ancillary seating /gathering
opportunities
• Consider the consistency and clarity in
all Formula Retail, Specialty Food Retail
and Restaurant use definitions
• Hybrid businesses
o How to define hybrid businesses
now and moving forward in the
absence of a defined use category
• Plan for applying any changes that may
lessen regulations on implemented
CUPS.
o Grouping CUP modifications
o Individual seats I ATTACHMENT 1
CURRENT FORMULA RETAIL DEFINITION
AND RECOMMENDED AMENDMENTS
CURRENT DEFINITION:
Formula retail business means a retail business which, along with seven (7) or more business
locations, is required by contractual or other arrangement to maintain any of the following:
standardized merchandise, services decor, uniforms, architecture, colors, signs or other similar
features.
Formula Retail Businesses are defined as a type of retail sales establishment or restaurant which, along
with 10 or more other retail sales establishments located in the United States, maintains two or more of
the following features: a standardized array of merchandise or menu, a standardized facade, a
standardized decor and color scheme, a uniform apparel, standardized signage, a standardized layout, a
trademark or a servicemark.
1. Standardized means both identical and substantially the same.
2. Array of merchandise or menu shall be defined as 50% or more of in -stock merchandise or menu
items.
3. Fagade shall be defined as the face or front of a building, including awnings, looking onto a street
or an open space.
4. Decor shall be defined as the style of interior finishings, which may include but is not limited to,
style of furniture, wallcoverings or permanent fixtures.
5. Color Scheme shall be defined as selection of colors used throughout, such as on the furnishings,
permanent fixtures, and wallcoverings, or as used on the facade.
6. Uniform Apparel shall be defined as standardized items of clothing including but not limited to
standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well
as standardized colors of clothing.
7. Signage shall be defined as business signs pursuant to section 29.10.135 of the Town Code.
8. Trademark shall be defined as a word, phrase, symbol or design, or a combination of words,
phrases, symbols or designs that identifies and distinguishes the source of the goods from one
party from those of others.
9. Servicemark shall be defined as word, phrase, symbol or design, or a combination of words,
phrases, symbols or designs that identifies and distinguishes the source of a service from one
party from those of others.
ATTACHMENT
Formula Retailers in Downtown Los Gatos
Gymboree
5 N. Santa Cruz
Benefit Cosemetics
7 N. Santa Cruz
Apple Store
23 N. Santa Cruz
Restoration Hardware
26 N. Santa Cruz
Powell's Sweet Shoppe
35 N. Santa Cruz
Verizon Wireless
50 N. Santa Cruz
Site for Sore Eyes
53 N. Santa Cruz
Pharmaca
54 N. Santa Cruz
J. Crew
105 N. Santa Cruz
We Olive
112 N. Santa Cruz
Willams Sonoma
122 N. Santa Cruz
Bellini Furniture
155 N. Santa Cruz
Mike's Bikes
201 N. Santa Cruz
Title Nine
218 N. Santa Cruz
California Closets
349 N. Santa Cruz
Rural Supply
110 S. Santa Cruz
Joseph A. Bank
150 W. Main Street
Sur La Table
23 University Ave.
Banana Republic
25 University Ave.
Francesca's Collection
29 University Ave.
GAP
35 University Ave.
White House /Black Market
50 University Ave.
Blue Illusion
50 University Ave.
Papyrus
50 University Ave.
Talbots
50 University Ave.
Anthropologie
50 University Ave.
Lucy Activewear
50 University Ave.
Chicos
50 University Ave.
*Formula retailers currently represent approximately 10% of the tenant in the C -2 zone.
ATTACHMENT 3
PLANNING DEPARTMENT POLICY
TOWN OF LOS GATOS
Subject Description of Restaurants and Specialty Retail Businesses That Offer Food Products
Page: Section Number:
Approved: Z_ L lf,, Effective Date: Revised Date:
Lee E. Bowman, Planning Director August 1, 1996
PURPOSE
To provide guidelines for determining whether a business serving food products is specialty retail or
restaurant.
POLICY
It is best to obtain a written description of a proposed business trom the applicant to provide a "paper trail' and
avoid possible misunderstanding. If a proposed business is not described below staff shall obtain a written
description of a proposed business from the applicant so the Planning Director may make the final
determination.
Specialty Retail - Specialty Retail include those businesses which offer pre - packaged foods (e.g. pre -made
sandwiches, candy, donuts and other bakery items, frozen pizza to go, bagels without condiments, etc.). No
seating for customers is allowed in any business where food products are sold.
Restaurant - A definition of restaurant is contained in the Zoning Ordinance (§ 29.10.020). Restaurants
include those businesses offering food or drinks that are ordered by a customer and prepared while the
customer waits (e.g. bagels with condiments, gourmet coffee shops (except sales of whole bean or ground
coffee), sandwiches, ice cream, yogurt, pizza or Chinese to -go, health drinks, etc.). Any business that sells
food products and offers seating for customers is considered a restaurant.
k1D&MU"OUOY.
ATTACHMENT
SEATING CHART CALCULATIONS BASED ON SQUARE FOOTAGE
RECOMMENDATION:
Specialty Food Retail businesses are defined as a business providing a specialty food or
beverage intended for off -site consumption. Specialty food retail uses typically have few types
of items, but often offer a variety of options within the single item type. Items are paid for
before consumption and include uses such as juice bars, frozen dessert shops, coffee /tea shops,
bagel /donut shops, bakeries, sandwiches, and similar uses. Specialty Retail locations are subject
to formula retail use restrictions and may not offer more than I .seat per 2001250 square feet of
gross floor area.
SEAT CALCULATIONS FOR CONSIDERATION
ATTACHMENT
SPECIALTY
SPECIALTY
SPECIALTY
FOOD RETAIL,
FOOD RETAIL,
FOOD RETAIL,
SEATS TO
SEATS TO
SEATS TO
CONSIDER AT
CONSIDER AT
CONSIDER AT
1 PER 200 SF
I PER 250 SF
1 PER 300 SF
500
6_7
6.4
2_5
2_0
1.7
750
10.0
9.6
3_8
3_0
2.5
1000
13.3
12.8
5_0
4_0
3.3
1250
16.7
16.0
6_3
5_0
4.2
1500
20.0
19.1
7_5
6_0
5.0
2000
26.7
25.5
10.0
8.0
6.7
2250
30.0
28.7
11.3
9_0
7.5
2500
33.3
31.9
12.5
10.0
8.3
2750
36.7
35.1
13.8
11.0
9.2
3000
40.0
38.3
15.0
12.0
10.0
3500
46.7
44.7
17.5
14.0
11.7
4000
53.3
51.1
20.0
16.0
13.3
ATTACHMENT
CURRENT RESTAURANT USE DEFINITIONS
AND RECOMMENDED AMENDMENTS
CURRENT USE DEFINITIONS:
Sec. 29.10.020. - Definitions.
Restaurant means a retail food service establishment in which food or beverage is prepared,
served and sold to customers for on -site or take -out consumption.
Restaurant, drive -in means a restaurant where food or beverages are sold to be eaten in vehicles
whether on or off the premises or are delivered directly to the occupants of vehicles.
Restaurant, fast,food means a restaurant with a large carry-out clientele, long hours of service,
some open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in
customers.
Restaurant, high turnover (sit -down) means a restaurant with turnover rates generally of less than
one (1) hour, is usually moderately prices and frequently belong to a restaurant chain, generally
service breakfast, lunch and dinner, and are sometimes open twenty -four (24) hours a day.
Restaurant (minor) means any restaurant that satisfies the following criteria:
(1) Provides less than 25 seats;
(2) Serves no alcoholic beverages;
(3) Proposes no significant exterior changes that would alter the architectural character
of the building; and
(4) Provides a net increase of less than five peak hour traffic trips.
Restaurant, quality means a restaurant of high quality and with turnover rates usually of at
least one (1) hour or longer, generally do not serve breakfast, may not serve lunch, but always
serve dinner.
SUGGESTED AMENDMENTS FOR RESTAURANT USE DEFINITIONS
Restaurant means a retail food service establishment in which full meals are available,
prepared, served, and sold to customers for on -site or take -out consumption, and provide indoor
and /or outdoor seating.
Restaurant with Alcohol Service means any restaurant where alcohol is available to customers
during meal service, or while waiting for a table for meal service, and in designated bar and food
service area while meal service is available. Restaurants with alcohol service typically do not
provide late night entertainment.
Restaurant, minor means any restaurant that satisfies the following criteria:
1. Provides less than 25 seats;
2. Serves no alcoholic beverages;
ATTACHMENT
3. Proposes no significant exterior changes that would alter the architectural character of the
building; and
4. Provides a net increase of less than five peak hour traffic trips.
Restaurant, drive -in means a restaurant where food and /or beverages are sold to be eaten in
vehicles whether on or off the premises or are delivered directly to the occupants of vehicles.
Restaurant, fast food means a restaurant providing ready to eat meals to a high volume of
largely carry-out clientele with long hours of service. Some open for breakfast but all open for
lunch and dinner, food is available upon a short waiting time, and the turnover rate for dine -in
customers is typically very high.
Restaurant, high- turnover sit down means a restaurant which provides full meals to customers
in a casual setting with turnover rates typically less than an hour. Orders may be taken at a
counter or table -side, and the primary focus of the restaurant is onsite dining though take out
may be available.
Restaurant, full- service sit down means a restaurant which provides full service meals, where
customers order and are served at their table. Characteristics typical of a full- service sit down
restaurant include: Turnover rates greater than an hour; the availability of reservations; limited
take out business; most do not serve breakfast, some do not serve lunch, and all serve the
majority of their clients for dinner; most offer menu options that change regularly with the
season or chef s preference.
ORDINANCE 2021
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF
ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The C -2 (Central Business District Commercial) zone of the Town of Los Gatos contains a
mix of retail, restaurant, and associated uses that sustains the economic vitality and historic
atmosphere of the area, and is an essential part of the community. However, too many restaurants
concentrated in this one area would displace retail uses that are vital to continued success and to
having businesses that attract Town residents throughout the day. This ordinance is intended to
discourage the displacement of retail uses by restaurant uses by requiring the Planning Commission to
conduct a careful review of all applications for new restaurant uses in the C -2 zone through the public
hearing process.
SECTION II
Section 29.10.020 is amended to read as follows:
Bar means a drinking place where alcoholic beverages and snacks are served; possibly with
entertainment such as music, television screens, video games or pool tables.
Restaurant, fast food means a restaurant with a large carry-out clientele, long hours of service,
some open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in
customers.
Restaurant, high turnover (sit -down) means a restaurant with turnover rates generally of less
than one hour, is usually moderately priced and frequently belong to a restaurant chain, generally
serve breakfast, lunch and dinner, and are sometimes open 24 hours a day.
Restaurant, quality means a restaurant of high quality and with turnover rates usually of at
ATTACHMENT
least one hour or longer, generally do not serve breakfast, may not serve lunch, but always serve
dinner.
SECTION III
Subsection (16) of Section 29.20.745 is amended to read as follows:
(16) Determine and issue zoning approval for minor restaurants that are located outside
Downtown [the C -2 zone].
SECTION IV
Subsection (8) of Section 29.20.750 is amended to read as follows:
(8) Determines conditional use permit applications that are not assigned to the
Development Review Committee.
SECTION V
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on August 5, 1996 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 16,
1996. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ZR ABSTAIN: None SIGNED: HE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
- � de6p"L�,
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA