Ord 2144 - Amending the zoning ordinance of the Town Code regarding Section 29.10.020 regarding the definition of formula retail businessORDINANCE 2144 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDIN G SECTION 29.10.020 REGARDING THE DEFINITION OF FORMULA RETAIL BUSINESS.
WHEREAS, the Town of Los Gatos has long been recognized as having a unique retai l environment with an unusual mix of retail businesses in terms of type, ownership and appearance , that
distinguishes it from other retail areas and has contributed to its long time vibrancy and financia l success.WHEREAS, the Town's General Plan contains numerous goals, policies and implementin
g strategies intended to preserve its unique retail environment . For example, the land use designation CBD for the Central Business District (2 .4.2) is described as "[encouraging]
a mixture o f community-oriented commercial goods, services and lodging, that is unique in its accommodatio n of small town style merchants and the maintenance of a small town feel and
character, " while descriptions of the Mixed Use, Neighborhood and Service Commercial districts emphasize s maintaining and servicing the needs of the small town residential scale and
natural environments o f adjacent residential neighborhoods . Elsewhere, concerning the historic downtown area, is a goal t o maintain mixture of goods and services, identity, environment
and commercial viability (L .G.6.2) and a policy to "[e]ncourage the development and retention of small businesses and locally-owne d stores and ships that are consistent with small
town character and scale" (L .P.6.2) . WHEREAS, Council adopted a definition for formula retail businesses on November 4 , 2002. WHEREAS, Council's intent in adopting the existing definition
of formula retail business
was to ensure the exercise of greater control over the location of new formula retail businesses in th e Town in order to meet the goals, policies and implementing strategies of the
Town's General Pla n and avoid the transition of the Town's unique retail environment into one that is homogenous wit h ' retail areas in other communities . WHEREAS, the Town Council
requested that the General Plan Committee (GPC) determin e whether the definition of formula retail business should be modified to allow businesses that have a limited number of stores
to be approved without obtaining a CUP. WHEREAS, the GPC and Planning Commission recommended a modification to th e definition of formula retail business to allow small retailers to
locate in the Town without obtainin g a Conditional Use Permit (CUP) . WHEREAS, Council's intent in adopting this ordinance is to continue to ensure the exercis e of greater control
over the location of new formula retail businesses in the Town in order to meet the goals, policies and implementing strategies of the Town's General Plan and avoid the transition of
the Town's unique retail environment into one that is homogenous with retail areas in othe r communities . WHEREAS, Council detei uiined that the proposed Zoning Code Amendment is consisten
t with the General Plan and specifically with the land use designation CBD for the Central Busines s District (2.4.2), Goal L.G.6.2, and Policy L.P.6.2. THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Chapter 29 is amended to read as follows: 2
Section 29.10.020. Definitions. Formula retail business means a retail business which, along with seven (7) or mor e other business locations, is required by contractual or other arrangement
to maintain any of th e following : standardized merchandise, services, decor, uniforms, architecture, colors, signs o r other similar features . SECTION II This Ordinance was introduced
at a regular meeting of the Town Council of the Town of Lo s Gatos on August 15, 2005, and adopted by the following vote as an ordinance of the Town of Lo s Gatos at a meeting of the
Town Council of the Town of Los Gatos on September 6, 2005 . This ordinance becomes effective 30 days after it is adopted . COUNCIL MEMBERS: AYES : Steve Glickman, Diane McNutt, Joe
Pirzynski, Barbara Spector , Mayor Mike Wasserman . SIGNED : NAYS : None ABSENT: None ABSTAIN: None MAYOR OF THE TOWN OF LOS GATO S LOS GATOS, CALIFORNIA ATTEST: CLEkK OF THE TbWN OF
LOS GATOS LOS GATOS, CALIFORNIA 3