Staff Reporttow" 0� MEETING DATE: 12/01/15
ITEM NO: 01
1ps GApS COUNCIL AGENDA REPORT
DATE: NOVEMBER 23, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER ,
SUBJECT: OUTDOOR SEATING POLICY
RECOMMENDATION:
Adopt the Outdoor Seating Policy.
BACKGROUND:
At its February 26, 2015 meeting, the Policy Committee reviewed and recommended the rescission of the
Town's Standards for Outdoor Restaurant Seating Policy (established by Resolution 1994-78). The
recommendation was approved by the Town Council on April 7, 2015.
Since then, the Town Council has been discussing various ways that the Town can reduce regulations
affecting businesses by creating a more streamlined process for businesses to offer amenities to their
customers, such as outdoor seating. Currently, only those dining establishments with a specific condition
of approval within their Conditional Use Permit (CUP) may offer outdoor seating. At the November 3,
2015 Study Session on outdoor seating, the Council indicated that they would like the Policy Committee
to review and recommend a policy on Outdoor seating.
DISCUSSION:
The Policy Committee met on November 19, 2015 and directed staff to draft a policy for outdoor seating
that would:
• Be effective Town -wide in any zone that dining is currently allowed.
• Maintain the total seat allowance set by the establishment's current CUP whether the seats are
located inside or out.
PREPARED BY: MONICA RENN
Jr
Economic Vitality Manager
Reviewed by: Assistant Town Manager own Attorney NA Finance
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT THE OUTDOOR SEATING POLICY
NOVEMBER 23, 2015
DISCUSSION (Cont'd):
• Require outdoor tables and chairs to be brought in at the close of business unless the outdoor
seating area is a permanent patio on private property, and no chains or locking mechanisms may
be used to secure furniture.
• Require any establishment that would like to add outdoor seats without allowance currently to
obtain an outdoor seating permit which would be approved by Town staff after consideration by
the Community Development and Parks and Public Works Departments.
• Require any outdoor seating in the public right-of-way to have a valid encroachment permit,
which may be obtained along with the outdoor seating permit.
• Be applied to all establishments, without the need to reopen any CUPS, with the long term plan
being a Code amendment given that other Code amendments are likely to be adopted in early 2016
(i.e., Formula Retail provision changes).
Following the meeting, staff drafted the attached outdoor seating policy to reflect the Policy Committee's
direction (Attachment 1).
CONCLUSION AND NEXT STEPS:
Based on the Policy Committee's discussion, staff recommends adoption by the Council. If approved, the
Policy goes into effect immediately.
ALTERNATIVES:
In addition to the staff recommendation, the Council may:
• Identify specific edits and adopt the Policy
• Identify additional direction and refer the matter back to the Policy Committee, or
• Not adopt the proposed Outdoor Seating Policy
COORDINATION:
The preparation of this report was coordinated with the Town Managers Office and the Community
Development Department.
Attachments:
1. Draft outdoor seating policy
DRAFT
TITLE: OUTDOOR SEATING RULES AND REGULATIONS I POLICY NUMBER:
EFFECTIVE DATE: I PAGES: 3
ENABLING ACTIONS: I REVISED DATE:
APPROVED:
I. PURPOSE
The Town of Los Gatos recognizes that dining outdoors enhances the customer experience and is
an amenity that should be available to restaurants throughout the Town.
II. DEFINITIONS
The following words, terms, and phrases when used in these rules and regulations, shall have the
following meanings:
ADA Clearance means the required access on sidewalks and public right-of-ways as defined by
the Americans with Disabilities Act, which is a 48 -inch clear path of travel.
Permittee means a business applying for the outdoor seating permit.
III. APPLICATION
The application for outdoor seating shall be on a form provided by the Community Development
Department, with final approval from both the Community Development and Parks and Public
Works Departments. The Application shall contain the following minimum information.
Applicants may be required to provide additional information as determined by the Community
Development or Parks and Public Departments. Every restaurant in Town is eligible to apply for
outdoor seating, regardless of provisions in its Conditional Use Permit (CUP), if the CUP
approval date is prior to the approval of this Policy.
1. The names, addresses, and telephone numbers of the applicant, co-applicant(s), and
the property owner if the applicant is a lessee;
2. A scaled plan of the proposed location of the outdoor seating including any fixtures
present including but not limited to newspaper racks, public benches, planters, trees,
etc.
ATTACHMENT 1
PAGE: POLICY NUMBER:
TITLE: OUTDOOR SEATING RULES AND REGULATIONS 2 of 3 xx-xx
3. The written consent of the property owner and any other tenant(s) occupying the
property;
4. The hours and days of operation of the business;
5. The type and amount of furniture that will be used to provide the seating;
6. An approved encroachment permit will be required for any placement of outdoor
seating on public right-of-way and can be completed as a part of the outdoor seating
permit process;
7. Proof of insurance as required by Section V herein;
8. Signed indemnity and release forms that indemnify the Town and its officers and
employees against all claims of injury or damage to persons or property arising out
of the use of outdoor seating; and
9. Any other information reasonably required by the Departments for the purpose of
processing the permit application under the requirements of this policy.
IV. STANDARDS OF OPERATION
A permittee shall comply with the following standards of operation and any other standards of
operation adopted by the Town Council:
A. A business must comply with the total number of seats allowed by their currently
approved Conditional Use Permit (CUP), regardless if they are placed in or outdoors.
B. Outdoor furniture must only be outdoors during the permittee's hours of operation, and
may not be secured with chains, locks or other securing mechanisms, unless explicitly
allowed within the approved CUP.
C. At no time may any outdoor seating limit ADA access to less than 48 inches.
D. Businesses serving alcohol must comply with the Alcohol and Beverage Control's
regulations for alcohol service and consumption outdoors.
V. INDEMNIFICATION AND INSURANCE
The permittee shall forever indemnify and hold harmless the Town and all of its agents,
employees and representatives from and against all claims, damages, losses, suits and actions,
including attorney's fees, arising or resulting from said operation of outdoor seating. In addition,
the permittee shall obtain general liability insurance in an amount no less than $1,000,000.00,
and shall name the Town as an additional insured on said policy. A copy of the certificate of
insurance shall be provided to the Town and shall become a part of any permit executed by the
Town.
PAGE: POLICY NUMBER:
TITLE: OUTDOOR SEATING RULES AND REGULATIONS 3 of 3 xx-xx
VI. DENIAL, REVOCATION OR SUSPENSION OF PERMIT
A. A permit shall be denied if all of the standards of operation cannot be met, and may be
revoked if -
1.
£1. The Applicant fails to comply with the requirements of the Town Code, this
policy, or any other applicable law; or
2. The applicant makes a false statement of material fact on an application for an
outdoor seating permit;
3. The Departments determine that the placement of the outdoor seats would
endanger the safety of persons or property or otherwise not be in the public
interest; or
4. The Departments determine that the outdoor seats unreasonably interfere with
pedestrian or vehicular traffic.
B. The Town Manager may temporarily suspend the ability of outdoor seating if he or she
determines that use of the outdoor seats is causing undue public right-of-way congestion,
blocking or impeding the flow of traffic, or posing a public safety hazard.
VIII. INFRACTION AND PENALTY
An infraction is committed if outdoor seating is operated without a valid outdoor seating permitt
permit or if a permittee is found to be non-compliant with the approved permit, or any rules and
regulations promulgated by the Town Council.
IX. APPEAL PROCESS
Any aggrieved party shall have the right to appeal the denial, suspension or revocation of an
outdoor seating permit, or the issuance of an infraction. Such appeals shall proceed in the manner
set forth in the Town Code.
X. SAVING CLAUSE
Should any portion of this Policy be rendered ineffective by a Court of competent jurisdiction,
the remaining parts shall remain in full force and effect.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney