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Desk Item PREPARED BY: MONICA RENN Economic Vitality Manager _______________________________________________________________________________________ Reviewed by: N/A Assistant Town Manager Town Attorney Finance _________________________________________________________________________ N:\SHARE\COUNCIL REPORTS\2016\10-04-16\08 Seats to Parking\Desk Item.docx 10/4/2016 4:05 PM JP MEETING DATE: 10/04/16 ITEM NO: 8 DESK ITEM COUNCIL AGENDA REPORT DATE: October 4, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.150 OF CHAPTER 29 OF THE LOS GATOS TOWN CODE TO REVISE THE REQUIRED PARKING REQUIREMENTS FOR RESTAURANTS. REMARKS: Staff has prepared a presentation for this evening’s Town Council meeting that breaks down and further simplifies the information provided in staff report. Attachment 7 included the slides prepared for staff’s presentation. Additional verbal remarks will be included during the presentation to further explain some of the complexities being considered. Attachments (previously received with October 4, 2016 Staff Report): 1. Staff report prepared for the January 13, 2016 Planning Commission meeting 2. Verbatim minutes from the January 13, 2016 Planning Commission meeting 3. Staff report prepared for the March 16, 2016 Planning Commission meeting 4. Verbatim minutes from the March 16, 2016 Planning Commission meeting 5. Expanded chart of seating calculations as requested by the Planning Commission at its March 16, 2016 meeting 6. Draft ordinance to Section 29.10.150 with amendments reflecting the removal of seats allowed per parking decoupling of seats and parking. Attachment received with this Desk Item: 7. Presentation materials for the Town Council meeting Town Council Meeting October 4, 2016 PARKING REQUIREMENTS & SEATING CAPACITIES FOR RESTAURANTS In October 2015 the Council identified an interest in making the regulation process for businesses more streamlined and less expensive. Seating capacities in restaurants was identified as one area for consideration. Council discussed decoupling seats in December 2015 and made a motion to present options and amended Ordinance language to the Planning Commission. Planning Commission met in January and March to discuss. The Commission recommended decoupling seats and using square footage to determine seats, and increasing parking requirements for restaurants. Commercial buildings provide parking spaces based on square footage. Retail requirements are: Downtown: 1 parking space per 300 square feet Outside of Downtown: 1 parking space per 235 square feet. When a business applies for a CUP to become a restaurant, the maximum number of seats is calculated based on the number of parking spaces assigned to the proposed location. Those businesses located in the former PAD may have purchased additional credits, allowing additional seats. 1,800 SF Commercial Space - Considers gross square footage of the entire space to calculate parking requirements and seats Downtown 1,800 SF  300 SF/space = 6 parking spaces Restaurant without a separate bar 4 seats per parking space x 6 parking spaces = 24 seats Restaurant with a separate bar 3 seats per parking space x 6 parking spaces = 18 seats Outside of Downtown 1,800 SF  235 SF/space = 7.7 parking spaces Restaurant: 3 seats per parking space x 7.7 parking spaces = 23 seats Decouple parking and seats Use 150 SF to calculate parking requirements for restaurants Consider the range of square footages discussed during the Planning Commission meetings to calculate seats, including 40 SF and 22 SF Square footage calculation should not exceed fire occupancy 1,800 SF Restaurant Space PLANNING COMMISSION’S RECCOMENDATION Town -Wide 1,800 SF  150 SF/parking space = 12 parking spaces Outside of Downtown 1,800 SF  235 SF/parking space = 7.7 parking spaces Downtown 1,800 SF  300 SF/parking space = 6 parking spaces CURRENT PARKING REQUIRMENTS 1,800 SF Commercial Space with 1,000 SF of Dining Area •Considers the gross square footage of 1,800 SF to calculate parking requirements and 1,000 SF of dining room square footage to calculate seats. •Regardless of Town provisions, the Fire Department determines maximum fire occupancy for every business. •If maximum fire occupancy exceeds a specific threshold, an annual permit is required by the fire department which includes regular inspections. 1000  40 = 25 seats 1000  22 = 45 seats 1000  15 = 67 seats Should the Town decouple seat capacities and parking requirements ? Should the Town amend the parking requirements for restaurants? How should the Town regulate restaurant seats? Seats based on parking spaces 1,000 1,800 2,300 3,000 4 seats per 1 space: C-2 calculation w/o separate bar 13 24 31 40 3 seats per 1 space: C-2 with separate bar 10 18 23 30 3 seats per 1 space - Outside of downtown 13 23 29 38 Seats based on square footage of the dining area 1,000 1,800 2,300 3,000 Fire Code occupancy- about 1 seat per 15 sq. ft. 67 120 153 200 1 seat per 22 sq. ft. 45 82 105 136 1 seat per 25 sq. ft. 40 72 92 120 1 seat per 35 sq. ft. 29 51 66 86 1 seat per 40 sq. ft. 25 45 58 75 1 seat per 50 sq. ft. 20 36 46 60 1 seat per 75 sq. ft. 13 24 31 40 1 seat per 100 sq. ft. 10 18 23 30 1 seat per 150 sq. ft. 7 12 15 20 Parking space calculations based on square footage 1,000 1,800 2,300 3,000 Downtown: 1 space per 300 sq. ft. 3.33 6 7.67 10 Outside of Downtown: 1 space per 235 sq. ft. 4.26 7.66 9.79 12.77 1 space per 150 sq. ft. 6.67 12 15.33 20