Item 14 Staff Report Consider Report on Request from the Los Gatos Chamber of Commerce About Interpretation of Use for Property Located at 349 N. Santa Cruz Avenue in the C-2 ZoneCOUNCIL AGENDA REPORT
DATE: September 28, 2000
TO: MAYOR AND TOWN C CIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 10/2/00
ITEM NO.
CONSIDER REPORT ON REQUEST FROM THE LOS GATOS CHAMBER OF COMMERCE
ABOUT INTERPRETATION OF USE FOR PROPERTY LOCATED AT 349 N. SANTA
CRUZ AVENUE IN THE C-2 ZONE
RECOMMENDATION:
Consider report on request from the Los Gatos Chamber of Commerce about interpretation of use for property.
DISCUSSION:
The Planning Commission discussed this matter on September 27, 2000, and voted unanimously to forward the matter
to the Town Council with a recommendation that the Chamber of Commerce be considered a retail and service use. The
Commission's motion is included as Attachment 2.
Attachments:
1. Report to Planning Commission with attachment, dated September 21, 2000 for agenda of September 27, 2000
2. Planning Commission motion from September 27, 2000
Distribution:
Sheri Lewis, Executive Director, Los Gatos Chamber of Commerce, 59-B N. Santa Cruz Ave., Los Gatos, CA 95030
Los Gatos Chamber of Commerce, P. O. Box 1355, Los Gatos, CA 95031-1355
Diane McNutt, McNutt & Company, 27 Jackson St., Los Gatos, CA 95030
Keith Plottell, CPA, Inc., 718 University Ave., #213, Los Gatos, CA 95032
Margaret Smith, Domus, Inc., 40 N. Santa Cruz Ave., Los Gatos, CA 95030
PLC:SD:mdc
N:\DE V \SUZANNEICOUNC ILICOFCOM
PREPARED BY:
Reviewed by: (1
PAUL L. CURTIS
DIRECTOR OF COMMUNITY DEVELOPMENT
Attorney Revised: 9/28/00 1:50 pm
Reformatted: 7/14/99
Date: September 21, 2000
For Agenda Of: September 27, 2000
Agenda Item: 9
REPORT TO: The Planning Commission
FROM: Paul L. Curtis, Director of Community Development
LOCATION: 349 N. Santa Cruz Avenue
Requesting an interpretation of use for the Los Gatos Chamber of Commerce
for property located in the C-2 zone.
EXHIBITS: A. Statement from Los Gatos Chamber of Commerce (two pages)
A. BACKGROUND:
The building located at 349 N. Santa Cruz Avenue is divided into two tenant spaces. Photo Drive -Up
occupies the corner space, and the tenant space at the south end of the building is vacant. The Chamber
of Commerce would like to locate in this available tenant space that was formerly occupied by Wolf
Camera. Based on initial conversations with the Chamber of Commerce, staff determined that the
Chamber of Commerce is an office use. Office uses are not allowed at the street level in many areas in
the C-2 zone, including N. Santa Cruz Avenue. The Chamber of Commerce subsequently provided more
detailed information on its operation (Exhibit A). The Chamber has requested an interpretation from the
Commission and Council that the use is appropriate in this location because it includes a retail component,
provides a service, and is a unique business that supports the Downtown.
B. REMARKS:
The Chamber of Commerce currently operates its information center in the lobby of Bank of America at 333
N. Santa Cruz Avenue. Business operations are conducted at a sub -leased space at 59-B N. Santa Cruz
Avenue. The Chamber would like to consolidate its operations to one location and is looking for a viable
location. The building at 349 N. Santa Cruz Avenue is a good location because of its location, visibility,
access, parking and appearance.
Section 29.60.320(7)(c)(1) of the Zoning Ordinance prohibits office activities on the ground floor along any
street, alleyway or public parking lot. The Chamber of Commerce has an office component, although it also
provides a service to the public and business owners, and includes retail sales. The Chamber proposes
to have 50 to 60% of the space as the Town Information Center. This includes display of brochures and
other informational materials, maps and Los Gatos merchandise that is for sale. The remainder of the
space would be used for business operations, an employee and volunteer break area, restrooms and
storage.
The Chamber maintains that its operation is consistent with the zoning and General Plan because:
a. The use is consistent with the intent of the C-2 zoning district (to encourage a viable and
predominantly pedestrian -oriented CBD).
b. The Zoning Ordinance contains no definition of retail or commercial.
c. The Chamber is a unique, one -of -a -kind enterprise.
d. Daily operations include retail sales.
e. The Chamber is open to the public without appointments or reservations.
f. The Chamber is providing an information service for Town residents and visitors.
Attachemnt 1
The Planning Commission - Page 2
349 N. Santa Cruz Avenue
September 27, 2000
An area of concern when ruling on a specific business is that it could set a precedent. The operation of
the Chamber of Commerce is unlike typical office uses, because it has retail and service elements. The
Chamber supports the Downtown and businesses in general. If the determination can be made that the
Chamber of Commerce is a retail and service use, it will eliminate the potential for an office use to locate
in its place in the future. Office uses would not be permitted for any successive tenant at 349 N. Santa
Cruz Avenue and would continue to be prohibited at other ground floor locations, except where specifically
allowed by the Town Code.
C. RECOMMENDATION:
The Planning Commission needs to determine whether the Chamber of Commerce is considered a retail
and service use or an office use. This matter will be forwarded to the Town Council with the Planning
Commission's recommendation.
7E)
Paul L. Curtis, Director o ommun ity Development
Prepared by: Suzanne Davis, Associate Planner
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N:1DEV\SUZANN E\PCIREPORTS\CO FCOMM
cc: Sheri Lewis, Executive Director, LG Chamber of Commerce, 59-B N. Santa Cruz Ave., Los Gatos,
CA 95030
Diane McNutt, McNutt & Company, 27 Jackson St., Los Gatos, CA 95030
Keith Plottell, CPA, Inc., 718 University Ave., #213, Los Gatos, CA 95032
Margaret Smith, Domus, Inc., 40 N. Santa Cruz Ave., Los Gatos, CA 95030
An Appropriate Location for the Los Gatos Chamber of Commerce
Current Status
Goals
Information Center the Chamber operates under a contract with the Town is
located within the lobby of the Bank of America building at 333 N. Santa Cruz
Ave.
• Chamber business operations are located in a subleased space at 59-B N. Santa
Cruz Ave.
Relocate the Town Information Center to increase its use and effectiveness. We
currently field 5000 inquiries a year from residents and visitors. With a better
location, signage and promotion, we believe we can double the number of
information customers we serve.
• Combine the two portions of the Chamber into one location for increased
efficiency.
Criteria for evaluation potential Chamber locations
1. Rent we can afford.
2. Location on a main street with heavy pedestrian traffic — Santa Cruz Ave.,University, Main,
LG Blvd.*
3. Direct access to Chamber from sidewalk
4. Easy to spot location as driving by so we can have directional signs installed around town
5. Opportunity for very visible signage
6. Convenient parking for visitors and employees
7. Not pretentious, but not scruffy
* In one-on-one conversations with Town Council members we were told that their preference
would be a location in the heart of Town if we were able to find space and could afford it
RECEIVED
SEP 1 9 2000
TOWN OF LOS GATOS
PLANNING DEPARTMENT
Exhibit A
Plans for 349 N. Santa Cruz Ave. (former Wolfe Camera site)
Roughly the front 50-60% of the space will be used for the Town Information Office including
display of Town -sponsored brochures and other informational materials, Town maps, and the
sale Los Gatos logo merchandise. [The Chamber has a California State Board of Equalization
seller's license and is registered as a retailer.]
The remainder of the space will be used for storage, restroom, employee/volunteer break area,
and business operations.
Why we believe locating the Chamber at 349 N. Santa Cruz Ave. is consistent with the
General Plan
1. According to the Town Code, the intent of the central business district commercial zone is to
"encourage the continuance of a viable and predominantly pedestrian -oriented central business
district for the Town, and therefore the zone allows a wide variety of retail, service,
entertainment and administrative activities which are necessary to serve a large trading area."
Examples of appropriate use listed in the zoning regulations include travel agencies and
telephone answering services.
2. There is no definition of "retail" or "commercial."
3. A Chamber of Commerce is truly a one -of -a -kind enterprise that is unlike any other business
in Town.
4. In researching how Chambers of Commerce are handled in other cities we discovered what
Town planning staff already know: If you have a business that is unlike any other, you try to
determine what it is most like. We believe the Los Gatos Chamber of Commerce is most like the
activities described in the description of the central business district commercial zone for these
reasons:
• We are open to the public without appointments or reservations.
• We draw people into the downtown and help support it as a trading area.
• We provide information services that could be considered a "commodity
necessary for the needs of residents/visitors of the Town."
• We sell products and services in small quantities to individuals.
Therefore, we believe that referring to our plans as a new location for the Los Gatos Chamber of
Commerce "office" has misled Town staff and not made clear our intentions. We hope that this
explanation is more complete and that Town staff will agree that the Chamber use of the
proposed space is consistent with the values represented in the Los Gatos Town Code.
DRAFT DRAFT
EXCERPT OF PLANNING COMMISSION MINUTES
RE MEETING OF SEPTEMBER 27, 2000.
Motion by Chair Bruno, seconded by Commissioner Quintana
To recommend to the Town Council to endorse the interpretation that the use of the subject
property by the Los Gatos Chamber of Commerce is consistent with the C2 zone. While section
29.60.3207(cl) of the zoning ordinance prohibits office activity on the ground floor along any
street, alley way, or public parking lot; the Chamber of Commerce has an office component that
is primarily providing a service to the public and business owners which includes retail sales and
this has been made evident by testimony presented at this hearing. Further, brochures,
informational materials, maps, and Los Gatos merchandise is for sale within the Chamber of
Commerce and this is a unique use that satisfies the fact that these items promote retail uses. It is
further interpreted that this is a viable, predominantly pedestrian -oriented type of operation, that
services both the retail businesses that exist and the public by virtue of its' contract with the
Town as determined from evidence heard this evening. These factors distinguish this operation
from any other type of an office which is contemplated in respect to the C2 zone and the
prohibition of 29.60.3207C 1 and these distinguishing characteristics and factors allow the
interpretation that the Los Gatos Chamber of Commerce is in fact, distinct and unique and within
the interpretation that would allow the activity in the C2 zone.
Carried unanimously. Commissioners Lyon and Pacheco absent.
Respectfully submitte
M. yn J. ' . uss-n
Senior Deputy Clerk
HO)
"
Town Council Minutes October 2, 2000
Redevelopment Agency Los Gatos, California
DOWNTOWN HOLIDAY PARKING PROGRAM CONT.
Speakers continued:
John Tice, 570 University, suggested some incentives for using the shuttle service like a covered
location to wait in until the van comes by. The weather will be turning wet and cold and folks will not
want to wait in that on Miles. Coffee available on the corp yard porch?
Sherwood Sullivan, 103 University Ave, no parking on University but he will attend the 16th meeting
to discuss it further.
No one else from the audience spoke to the issue.
Council/Agency consensus to accept the status report on the downtown holiday parking program .
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council/Agency authorize the transfer of
$226,000 from the General Fund reserve for parking to the downtown parking program with the
stipulation that all contracts return to Council for review first and that the budget is not a goal but an
amount to negotiate with. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council/Agency authorize the Town Manager
to negotiate contracts for valet parking services and shuttle services during the holiday period not to
exceed a combined cost of $125,000. This item to return to Council October 16`h to be considered after
hearing the audience's concerns and comments, and noting that the budget is not a goal but an amount
to negotiate with. The shuttle service supplier will remain flexible and be evaluated continually as regards
use, time of use, frequency of use, employee, employer and customer use, and the ability to encourage
use of any and all clients. Carried by a vote of 4 ayes. Mr. Blanton voted no on the issue of the shuttle
only.
PAVING OF PARKING LOT 1 AND LOT 2/JOINT REDEVELOP/RESOLUTION 2000-119 (13.34)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council/Agency adopt Resolution 2000-1 19,
entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER/EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT EXTENSION WITH
PAVEX CONSTRUCTION FOR AN AMOUNT NOT TO EXCEED $215,000 FOR THE
RESURFACING OF PARKING LOTS 1 AND 2. Carried unanimously.
CHAMBER OF COMMERCE/GROUND FLOOR OFFICE/DOWNTOWN (14.38)
Dianne McNutt, representing the Chamber of Commerce, spoke of the Planning Commission' s lengthy
motion approving the Chamber use in the C2 zone.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that the Chamber of Commerce be considered a
retail and service use, determining that this operation is distinguished from any other type of office
desiring to do business in the C2 zone, and that this interpretation is exclusive to the Los Gatos Chamber
of Commerce; and that somewhere in the future the Planning Commission will amend the Zoning
Ordinance to identify the Los Gatos Chamber of Commerce as a unique type of business that should be
allowed anywhere within the downtown. Carried unanimously.
TC: D 10: MM 100200
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