2011032106 - 316 N. Santa Cruz Avenue - Pedro's Restaurantt ow � p
!p GAt aS
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
MARCH 7, 2011
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 03/21/2011
ITEM NO:
AVENUE. PROPERTY OWNER: PETER RIZIO. APPLICANT: PEDRO'S
RESTAURANT /MIKE DIPIETRO.
CONSIDER A REQUEST TO ALLOW OUTDOOR SEATING, LIVE
ENTERTAINMENT, DANCE LESSONS, AND EXTERIOR MODIFICATIONS
FOR A RESTAURANT (PEDRO'S RESTAURANT) ON PROPERTY ZONED
C -2. APN 529 -04 -090.
BACKGROUND
On February 7, 2011, the Council considered the subject proposal. The Council continued the
matter to March 21, 2011, to allow the applicant to address the following concerns:
• Days and hours of live entertainment
• Meal service requirements
• Architecture
• Security and Police Department concerns
The Council also questioned the appropriateness of live entertainment at this location because an
entertainment permit process and standards are not yet adopted.
For a review of the project details, please see attachments 1 -7, which were previously distributed
to the Town Council.
PREPARED BY : � Wendie R. Rooney, Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance � unity Development
N:\DEV \TC REPORTS\2011 \NSC316 2.docx
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 316 N. Santa Cruz Avenue/U- 10- 019/S -10 -044
March 7, 2011
DISCUSSION
The following is the applicant's response to the Town Council's direction.
A. Days and Hours of Live Entertainment
The applicant provided a table (Exhibit 8), and the information is included in the following
table:
The applicant's table (Exhibit 8) shows the type and frequency of the requested live
entertainment. The applicant proposes live music three nights a week and comedy once a
week. Live music would be limited to bands with a maximum of four members; comedy
would be limited to 24 occurrences per year.
The applicant revised the original proposal for six special events and is now proposing four
events. It should be noted that the four events proposed by the applicant are different from
the special events authorized by the Police Department under Town Code Chapter 14 Article
X. Events would occur on New Year's Eve, Cinco de Mayo, Carnaval Day, and Halloween.
The applicant is requesting extended hours of live entertainment for the above noted events
(Exhibit 8).
If the Town Council finds merit with the applicant's revised proposal, recommended
condition modifications are included in the conclusion section below.
Mo
Tu
We
Ti
Fr
Sa
Su
Other
Hours of rafion- Restaurant/Bar
11 -9
11 -9
1 11 -9
11 -9
11 -11
11 -11
11 -9
Note: This includes food service and drinks for all locations in the facil ity.
F]dertainment schedule
Note: Normal ham's ofoperation in addition to entertainment schedule
Live Music
I
I
5:30- 8:30pm
7 -10pm
7 -10pm
Lands will be limited to 4 members only
Comedy Night 1
1
6 -9pm
"G" Rated only... mazimmn amount ofperformances annually, 24)
Toliday LWnts
Food
Music
Closin
News Year Eve (Dec. 31IJan.1)
llam9pm
9- 12:30am
1:00 AM
Cinco de Mayo (May Sth)
I lam m
7 m -Ilpm
12:00 AM
Cmvival(vmies)
llamApm
7pm -11pm
12:00 AM
Halloween (Oct. 31)
llam m
7 m -llpm
12:00 AM
Securi (Holiday Rents only)
2 guards during the scheduled event consisting of...
I guard on door monitoring occupancy and ID ch eck
I guard supporting door and roaming tl:e prennses inside and out
Patio Hours
11 -9
11 -9
11 -9
11 -9
11 -9
11 -9
11 -9
11 -9
Food service required
The applicant's table (Exhibit 8) shows the type and frequency of the requested live
entertainment. The applicant proposes live music three nights a week and comedy once a
week. Live music would be limited to bands with a maximum of four members; comedy
would be limited to 24 occurrences per year.
The applicant revised the original proposal for six special events and is now proposing four
events. It should be noted that the four events proposed by the applicant are different from
the special events authorized by the Police Department under Town Code Chapter 14 Article
X. Events would occur on New Year's Eve, Cinco de Mayo, Carnaval Day, and Halloween.
The applicant is requesting extended hours of live entertainment for the above noted events
(Exhibit 8).
If the Town Council finds merit with the applicant's revised proposal, recommended
condition modifications are included in the conclusion section below.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 316 N. Santa Cruz Avenue/U -10- 019 /5 -10 -044
March 7, 2011
B. Meal Service
The applicant is proposing required meal service with alcoholic beverage service only for the
proposed outdoor seating (Exhibit 8). The applicant is proposing to make food available
during regular hours of operation for all areas inside the restaurant. However, during their
four events, food service would cease three to four hours prior to closing. It should be noted
that the establishment is not currently required to provide meal service with alcoholic
beverage service given they are operating without a conditional use permit.
If the Town Council finds merit with the applicant's revised proposal, recommended
condition modifications are included in the conclusion section below (Condition 7). If
Council prefers to require meal service in the restaurant dining area in addition to the outdoor
seating areas, the condition would remain unchanged.
C. Architecture
The applicant revised the exterior modification plans (Exhibit 9). The fireplace is modified
to allow outdoor use of the fireplace while maintaining the existing chimney architecture.
There is no longer access from the bar area to the proposed outdoor patio. The outdoor patio
would be accessed from the existing entry court yard.
A stucco planter wall would be constructed around the new outdoor patio to match the
existing planter. The windows proposed on the north side of the building were revised to
include an arched design and decorative iron detail to match the existing building
architecture. To address noise concerns, the northern windows would be double paned, a
second layer of glass would be added to the existing entry windows, and a sound gasket
would be added to the entry door. The applicant revised to plans to include the bathroom
remodel with the subject application.
If the Town Council finds merit with the applicant's revised proposal, recommended
condition modifications are included in the conclusion section below.
D. Security and Police Department Concerns
The applicant proposes to provide security during their four events (Exhibit 8).
Recommended conditions of approval allow the Police Chief the discretion to modify
security measures if the need arises through the recommended Operational Agreement.
Although the Police Department (PD) has general concerns about potential impacts of live
music for any establishment, PD is amendable to the revised proposal with the recommended
security and operational agreement conditions. In addition, staff recommends a notification
requirement that the applicant notify the Police Department at least 30 days prior to an event
if the event will occur. This recommendation is included in the conclusion section below.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 316 N. Santa Cruz Avenue/U- 10- 019/5 -10 -044
March 7, 2011
PD also has concerns about the outdoor service of alcoholic beverages adjacent to public
areas. PD is amendable with this aspect of the proposal since the use of the outdoor seating
areas would cease at 9:00 p.m. and the conditions would require that alcoholic beverage
service is allowed only with meal service for outdoor seating. The Standards for Outdoor
Seating require that a restaurant employee seat patrons when alcoholic beverage service is
permitted outside. The standards also require a hold harmless agreement when outdoor
seating is immediately adjacent to the public right -of -way. Therefore, staff recommends the
following conditions be included if the Council finds merit with the proposal:
OUTDOOR SEATING: Patrons using outdoor seating must be seated by a restaurant
employee.
HOLD HARMLESS AGREEMENT: Prior to commencing the use of outdoor seating or the
issuance of building permits, the applicant shall record a hold harmless agreement, to be
reviewed and approved by the Town, releasing the Town from any liability related to the
outdoor seating.
CONCLUSION
The applicant submitted additional documentation to clarify the proposal (Exhibit 8) and revised
plans to address architectural and operational concerns (Exhibit 9).
The outdoor seating would require meal service with alcoholic beverage service and would not
increase the maximum number of seats allowed by the existing CUP. However, the proposed
project would result in live entertainment when the Town's Alcoholic Beverage Policy allows
entertainment only if standards and a process is adopted. Although entertainment standards have
not yet been adopted, the Council has the authority to review applications on a case -by -case basis
to determine if a request beyond what the policy allows is appropriate.
If the Council finds merit with the applicant's revised proposal, the Council should revise the
conditions for the CUP as follows (deletions stricken, additions underlined, new conditions
identified):
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below, in substantial compliance with the development plans noted
as received by the Town on evember 1 20107 March 03, 2011, and in compliance with the
applicant's letters dated .._..,.,_. 1 —.,_.. (— .d -- --), and November - -, - --- .- ----- - --
proposal matrix (Attachment 8) . Any changes or modifications made to the approved plans shall
be approved by the Director of Community Development, the Development Review Committee,
or the Planning Commission, depending on the scope of the change(s).
(new) OUTDOOR SEATING: Patrons using outdoor seating must be seated by a restaurant
employee.
(new) HOLD HARMLESS AGREEMENT: Prior to commencing the use of outdoor seating or
the issuance of building pen the applicant shall record a hold harmless agreement, to be
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: 316 N. Santa Cruz Avenue/U -10- 019 /S -10 -044
March 7. 2011
reviewed and approved by the Town, releasing the Town from any liability related to the outdoor
seating
7. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the
res t°„_ °,.t : ie l:.., outdoor seating in the patio and entry courtyard is permitted only with
meals. A meal is defined as a combination of food items selected from a menu (breakfast,
brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals. Meal service is not required with alcoholic beverage
service at the bar or inside the restaurant
8. HOURS OF OPERATION: Maximum hours of operation are 1 0:"�n �� 11:00 a.m. to
11 :n��9:00 p.m. Sunday to Thursday; and 1 0:00 a.m. 11:00 a.m. to 1 :00 a.m. 11:00 p.m.
Friday, and Saturday holidays, and everAngs before holidays Use of outdoor seating is not
allowed after 11 n ; n � 9:00 p.m. seven days a week. On New Year's Eve maximum hours of
operation are 11:00 a.m. to 1:00 a.m. On Cinco de Mayo, Carnaval, and Halloween maximum
hours of operation are 11:00 a.m. to 12:00 a.m.
9. HOURS OF ENTERTAINMENT: Nfidsie is not a 4l e . °a past 1 0:00 pm, s days
Exc n d from 10•nn . 12nn the ellewing day St
wool £etc ° cp t c�xi£aziic[�ci9ucx = v`� C .00 a.m. t o xz.�o a.m. c£c cc.�c ..b ..,.yam.
D 1 D Gin d AR...... Hallo T il...d. e ' s k i d e .. en d enee D ay , an d G fBa-,x..1 Live
music is allowed on Thursdays from 5:30 p.m. to 8:30 p.m. and on Fridays and Saturdays from
7:00 p.m. to 10:00 p.m. Comedy is allowed on Wednesdays from 6:00 p.m. to 9:00 p.m.
10. ENTERTAINMENT: Live entertainment consists of live bands, dance lessons, and
comedy nights. Live entertainment is allowed indoors; it is not allowed in the bar area, outdoor
patio, or entry courtyard. This Conditional Use Permit shall be subject to the live entertainment
policy when the policy is adopted by the Town. , seixeii days
wee exe ept f o r th d ays ..a 1.,.,,_s allow in Conditio N n Bands shall be limited to a
maximum of four members. Comedy shall be family- oriented and comedy nights shall not occur
more than 24 times a year.
11. EVENTS: Special e— Events on New Year's Eve, Cinco de Mayo, Carnaval, and
Halloween, in „r:.,..te paAies a nd `ii ~a°°isefs shall not exceed the maximum number of seats,
the maximum occupancy, or hours of operation. Food service shall be available from 11:00 a.m.
to 9:00 p.m. on New Year's Eve, Cinco de Mayo, Carnaval, and Halloween. At least 30 days
prior to these days• the restaurant shall provide written notification to the Police Department that
the restaurant will be holding an event.
If the Council finds merit with the applicant's revised proposal, the Council should revise the
conditions for the Architecture and Site application as follows (deletions stricken, additions
underlined):
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below, in substantial compliance with the development plans noted as received
by the Town on
n t 1 14 , 2010 aii 15 , 2010 March 3, 2011 Any changes or modifications made
to the approved plans shall be approved by the Director of Community Development, the
Development Review Committee, or the Planning Commission, depending on the scope of the
change(s).
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: 316 N. Santa Cruz Avenue/U -10- 019 /S -10 -044
March 7, 2011
ENVIRONMENTAL ASSESSMENT
The project is Categorically Exempt according to Section 15301 Class 1 of CEQA as adopted by
the Town, which exempts permitting minor alterations to an existing facility with negligible
expansion of the existing use.
FISCAL IMPACT
None.
Attachments
1 -7. Previously Received
8. Table of Applicant's Proposal
9. Revised Development Plans
Distribution
cc: Mike Dipietro /Pedro's Restaurant, 316 N. Santa Cruz Avenue, Los Gatos, CA 95030
Peter Rizio, 1844 Cherry Avenue, San Jose, CA 95125
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