16 Staff Report - 25 N. Santa Cruz~pW N 0
COUNCIL AGENDA REPORT
!ps GA~OS
MEETING DATE: 1/17/06
ITEM NO.
Ib
DATE:
January 12, 2006
TO:
MAYOR AND TOWN COUNCIL
FROM:
DEBRA J. FIGONE, TOWN MANAGER
SUBJECT:
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING AN APPLICATION TO OPERATE A FORMULA RETAIL
STORE (AMERICAN APPAREL) ON PROPERTY ZONED C-2.
APN 510-44-034. LOCATION: 25 N. SANTA CRUZ PROPERTY
OWNER: SANTA CRUZ REAL, LLC APPLICANT/APPELLANT:
TACEE WEBB
RECOMMENDATION:
1. Open and hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Uphold the Planning Commission's decision and deny Conditional Use Permit U-06-006
4. Refer to the Town Attorney for the preparation of the appropriate resolution.
If the Town Council determines that the appeal should be granted and that the Planning
Commission's decision should be reversed or modified:
1. The Council needs to find one or more of the following:
(1) Where there was error or abuse of discretion on the part of the Planning
Commission; or
(2) The new information that was submitted to the Council during the appeal process
that was not readily and reasonably available for submission to the Commission;
or
(3) An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
Continued on Page 2
-/P.
R, I
PREPARED BY: BUD LORTZ ,
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed b§ -Assistant Town Manager Attorney Clerk Finance
-6 community Development Revised: 1/12/06 5:16 pm
Reformatted: 5130/02
Page 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL OF CUP AT 25 N. SANTA CRUZ AVEJU-06-006
January 12, 2006
2. If the predominant reason for modifying or reversing the decision of the Planning
Commission is new information as defined in subsection (2) above, it is the Town's
policy that the application be returned to the Commission for review in light of the new
information unless the new information has a minimal effect on the application.
3. If the appeal is approved, (A) make the required findings and considerations (Attachment
1) and (B) approve the application subject to the recommended conditions of approval
(Attachment 2).
4. Refer to the Town Attorney for preparation of the appropriate resolution.
PROJECT SUMMARY
The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a 3,748 square
foot (159 feet deep by 24 feet wide) formula retail business (American Apparel) in an existing
retail space located at 25 N. Santa Cruz Avenue. The space was previously occupied by a non-
formula retail store selling antiques (Les Poisson). The proposed hours of operation are 10 AM to
7 PM on Sunday through Thursday and 10 AM to 8 PM on Fridays and Saturdays. The applicant
proposes interior improvements and a sign. No other exterior modifications are proposed. A
copy of the Planning Commission staff report, verbatim minutes of the hearing and material
submitted by the applicant and speakers have been previously provided to the Town Council. The
applicant submitted a letter of justification (Exhibit C of the Planning Commission Report) and
floor plan (Exhibit F of the Planning Commission Report) that were attached to the November 9,
2005 Planning Commission staff report.
PUBLIC TESTIMONY
The Planning Commission held a public hearing on this application on November 9, 2005. The
Planning Commission received a substantial amount of testimony through letters and verbal
comments from the applicant, real estate brokers, downtown business owner, members of the
Youth Commission, and residents.
Applicant/Property Owner
The major issues raised by the applicant and property owner were as follows:
• The tenant space is unusually deep and narrow (159'x 24') and is difficult to rent.
• The size and configuration of the space do not work for most retailers.
• American Apparel is a community-based company selling clothes made in America.
• Each store is specifically designed for its location.
• American Apparel will address any concerns regarding the images and pictures used in
their store.
Page 3
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL OF CUP AT 25 N. SANTA CRUZ AVEJU-06-006
January 12, 2006
Testimony in Opposition
The major issues raised by the speakers opposed to the application were as follows:
• The character of downtown Los Gatos is changing.
• Unique specialty stores in the downtown are being displaced by chain stores.
• Council should establish a more detailed policy for formula stores.
• American Apparel is incompatible with the downtown and does not add diversity or value
to Los Gatos.
• The space is not difficult to lease.
• The images on the American Apparel website are inappropriate.
Testimony in Support
The Town lacks stores that serve the youth community.
American Apparel is an affordable store that appeals to the teen population.
PLANNING COMMISSION ACTION
Based on the public testimony, the Planning Commission unanimously denied the application.
Planning Commissioners cited the following reasons for denying the application:
Inconsistency with the General Plan policies regarding small town character and
support for locally-owned stores in downtown.
Conversion of a space that was previously occupied by a non-formula retailer to
formula retail establishment in the heart of downtown.
Detracts from diversity and balance in the types of retail businesses in downtown in
that there are numerous apparel stores in the downtown.
American Apparel appealed the Planning Commission's decision on November 21, 2005. The
appellant states, "Planning Conunission erred or abused its discretion because the proposed use of
the property is in harmony with the specific objectives in the General Plan and would help to
maintain the existing balance and diversity of businesses in the commercial district."
DISCUSSION
The following is provided as background information on the issue of formula retail stores.
1. Formula Retail Ordinance
One of the goals in the General Plan is to maintain a mixture of goods and services, maintain
local identity and ensure commercial viability. The General Plan also contains a policy to
encourage the development and retention of small businesses and locally-owned stores and
shops that are consistent with small town character and scale. To implement the General Plan
goals and policies, the Council adopted the Formula Retail Ordinance in 2002 and cited the
Page 4
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL OF CUP AT 25 N. SANTA CRUZ AVE./U-06-006
January 12, 2006
following findings in support of the Ordinance (Attachment 10):
• The Town has an unique retail environment with an unusual mix of retail businesses.
• An increase in the number of formula businesses potentially threatens the Town's unique
retail environment.
• An over-concentration of formula retail businesses can result in a retail environment that is
indistinguishable from those located elsewhere in the region, state and nation.
2. Planning Commission Approach
American Apparel is proposing to locate in a vacant retail space previously occupied by a non-
formula store selling antiques. In the past, the replacement of a non-formula retail store with a
formula retail store has been carefully evaluated by the Planning Commission based on
location, concentration of formula retail stores, and merchandise sold by the proposed use.
3. Data on Formula Retail in Downtown
In preparing this Council report, staff updated its survey of businesses within the Central
Business District (CBD). There are currently 17 formula retail stores in downtown, which
equals 13% of the 127 downtown stores. If American Apparel is approved, the percentage
would increase to 14%. This data reflects the modified definition of formula retail business
adopted by Council in 2005. Formula retail businesses are now defined as having seven or
more locations (Attachment 11).
To assist the Council, staff also mapped the location of each formula store in downtown
(Attachment 8). The map reveals formula stores are not evenly distributed throughout the
CBD. Sixteen of the 17 formula stores are located in two locations: Old Town Shopping
Center or on North Santa Cruz Avenue, between Main Street and Nicholson Avenue. One of
the Town Code's findings for denial of a formula retail business is over-concentration of these
businesses.
Conversely, the map also illustrates that there are areas of downtown with few or no formula
retail uses. Examples of this are South Santa Cruz, Main Street, and North Santa Cruz
between Nicholson Avenue and Highway 9. Based on the geographic distribution of the uses,
the data indicates that Council could conclude that an over-concentration of formula stores
exists in certain locations but not in others.
3. Conformance with the General Plan
The following goals and policies are relevant to the proposed project:
L.G.1. To preserve, promote, and protect the exiting small town character and quality of life
within Los Gatos.
Page 5
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL OF CUP AT 25 N. SANTA CRUZ AVE./U-06-006
January 12, 2006
L.P.1.3 Encourage economic and social activity consistent with small-scale, small town
atmosphere and image.
L.P.1.4 Preserve and promote existing commercial centers consistent with the maintenance of
a small-scale, small town atmosphere and image
L.P.5.1 Maintain a variety of commercial uses (a strong downtown commercial area combined
with Los Gatos Blvd. and strong neighborhood commercial centers) to meet the shopping
needs of residents and to preserve the small-town atmosphere.
L.P. 5.2 Encourage a mix of retail, office and professional uses in commercial areas, except in
the Central Business District where retail should be emphasized.
L.P. 5.5 Encourage the development and retention of locally owned stores and shops.
L.P.5.9 Retail sales tax "leakage" should be kept to a minimum by providing in-town
convenience and comparative shopping opportunities.
4. American Apparel Image
Several concerned citizens brought to staff's attention the images that are contained on the
American Apparel website. Based on comments made during the public hearing, some
members of the public have concerns with the images displayed on the website from the
standpoint that photographic images of their models are displayed in the American Apparel
stores and do not reflect the small town character specified by General Plan policies.
At the Planning Commission, the applicant indicated their willingness to have their images
approved by the Town. If the Council is inclined to approve the appeal, Council could require
that the applicant develop criteria subject to approval of the Art Selection Panel on the type of
art and graphics that could be displayed. Once the criteria are approved, Community
Development staff could administratively approve displays that are consistent with the criteria.
Conditions regulating art and graphics, however, would be an ongoing monitoring burden and
may be difficult to enforce. As an alternative, the Council could prohibit all photographic
images visible from the sidewalk. If the Council wishes to impose a condition regarding
images in the store, staff will craft the final condition for inclusion in the resolution prepared
by the Town Attorney.
CONCLUSION:
Based substantially on public testimony, the Planning Commission found that the proposed project
is not consistent with the General Plan and would detract from the existing balance and diversity of
businesses in the downtown. The Planning Commission further found that the proposed use is not
in keeping with the small town character of Los Gatos.
Page 6
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL OF CUP AT 25 N. SANTA CRUZ AVEJU-06-006
January 12, 2006
FISCAL IMPACT: None
Attachments submitted under separate cover:
1. Staff Report for the November 9, 2005 Planning Commission meeting.
2. Verbatim minutes of the November 9, 2005 Planning Commission meeting.
3. Color images submitted at the November 9, 2005 meeting by American Apparel.
4. Web site information submitted at the November 9, 2005 meeting by Sandy Decker.
(Copies of the above are available in the Clerk Department.)
Attachments:
5. Required Findings and Considerations (4 pages)
6. Recommended Conditions of Approval (8 pages)
7. Notice of Appeal received on November 22, 2005 (1 page)
8. Map of Formula Retail Businesses
9. Letter received on January 12, 2006 from Larry Arzie (1 page)
10. Ordinance No. 2107-Formula Retail Ordinance
11. Ordinance No. 2144-Revised Definition of Formula Retail Business
Distribution:
Tacee Webb, 919 NW 23rd Ave., Portland, OR 97210
N:\DEV\CNCLRPTS\2005\25 N. Santa Cruz.wpd
REQUIRED FINDINGS FOR
25 N. Santa Cruz Avenue, Suite C
Conditional Use Permit U-06-006
Requesting approval to operate a formula retail store (American Apparel) on property zoned C-2.
APN 510-44-034.
PROPERTY OWNER: Santa Cruz Real, LLC
APPLICANT: Tacee Webb
FINDINGS
■ As required by Section 15301 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed uses of the property are essential or desirable to the public
convenience or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a
conditional use permit for a formula retail business if the following findings are made:
a. The proposed use of the property is not in harmony with specific provisions or
objectives of the general plan and the purposes of this chapter; and
b. The proposed use will detract from the existing balance and diversity of
. businesses in the commercial district in which the use is proposed to be located.
■ That the work proposed is consistent with the Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area (Section IV.B).
NADEV\FINDINGS\25 NSC.wpd
Attachment 5
CONDITIONS OF APPROVAL
25 N. Santa Cruz Avenue, Suite C
Conditional Use Permit U-06-006
Requesting approval to operate a formula retail store (American Apparel) on property zoned C-2.
APN 510-44-034.
PROPERTY OWNER: Santa Cruz Real, LLC
APPLICANT: Tacee Webb
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1. EXPIRATION. Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
2. USE. The approved use is a formula retail business for the sale of men, women and
children apparel. The use shall be consistent with the Description of the Proposed Project
dated August 30, 2005 on file in the Community Development Department.
3. HOURS OF OPERATION. 10 AM to 7 PIQ on Sundays through Thursday, 10 AM to
8 PM on Friday and Saturday.
NADEV\C0NDITNS\2005\25 NSC.wpd Page 1 of 1
December 20, 2005
Attachment 6
Nov 21 2005 1:52PM Urban Retail Expansion 503-432-8674 p•2
HOV-18-2005 FRI 09:28 AM TOM OF LOS GATOS . FAR NO. 408354843
S272.00 lteefdsntlsl
WPM par Comwerciad, Multi-
folmily cw Tm ati've Map Appeal
Town of Los Ga
0Mce of the Town
110 F. Main St,Lox Got
APPEAL OF PLANNING
L tlce nnderairaed, do hereby appoel a deci, = of tho Planning CommiW= et follows: (pT TYPE 441
DATE OP PLANNING Ct3l WISSION DEOSION: j i o V E M p,C a- q , 2-005
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please spooil~rhow ona of those tc.nloos artist is the appeal:
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Attachment 7
of Los Gatos
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Attachment 8
FROM 'DAVID/JUSTO
Los Gatos Town Council
FAX NO. :4083547042
RECEIVED
JAN I x`06
Jan. tt 2006 05:53PM P2
1 FM
'AN 2 2006
Re: An Apparel
TOWN OF LOS GATOS TOWN OF LOS GATOS Council. Dear Members, PLANNING DIVJSi`N ~ CLERK DEPARTMENT
The first block between Main and Elm can Santa Cruz Ave is where every M anal
wants to open, because of its image and chairatter. Luckily in the past there has
been few locations big enough for them to do this. We have lost a lot of high end
retailing on this block and unfortunately its character is changing.
We personally own 16 thousand square feet of commercial retail space on this
block and have always rented to retailers that fit the image of Los Gatoa.
Some say at a monetary cost to us. We justify this because we litre in Town and
without the image of our tenants the std would not be the same. We are very
concemed that new Na6wafs with incompatible merchandising to our tenants
may lead to non renew of their leases, making us change our mix.
If you look at the jumble of Nationals boxed together as m the street from us
where American Apparel wants to open-you would almost think you were in two
dlfferent towns. The differences is most of tl)at side of the street is run by
property managers and leasing agents for displaced` landowners and trusts. Most
of the p'ropertY owners we know who have. a hands on style are more
discrina#nAting and realize the need to select a compatible tenant.. Sadiy'some
tenarIs are vacating and, property corning on the. market Ong scud to. ple In the
sky specutatm without the knowledge of what: made this Town. They expect to
ma)dmlze their purchase price of 400 dollars a square foot by renting to
Nationals. What they dont realize is that by doing this they, will forger change
the nature of retailing in Town and not just dal the golden egg but lose it
forever. We get one cold call a month to try to.,buy or lease at any costs our
properties. We explain it is impossible to bting in more nationals ontD this street
but they don't care as they have a fish on the line. It is difficult to c ondnue* to
say no. It with be easier to say yes if we allow American AppaW in. We need to
put the word out that there are strings attached when buying in Los Gatos.
There are/was 66% morn and. pops on this section of the block. The rest are
multi scare proprietors and Nationals. Of the 669/a (21 stores) 2 are vacant,, and 4
more rumored to dose: Candlestick, Architects interiors a long-term tenant
whose property was jest purchased, and a gift shop. There are two more talking
loudly about retirement. We personally are taking flack from property owners
and tenants that do not want to see empty store fronts. We plan on standing
firm as we hope you do. It will take a lot of justification to reverse the denial of
American Apparel's entry. This can only further erode the street and set a
precedence that would allow the corning up glut of vacancies to be filled by
Nationals. This would be the antithesis of our general plan and formula
ordinary. Please vote for short term pain and long term gain.
fay
D
Attachment 9
FROM :DRUID/JUSTO FAX NO. :4083547042
Los Gatos Town Council
Re: Appeal by American Apparel U-06,-006
Dear council members,
Jan. 09 2006 12:20PM P1
LL L2
D
r-10N 006
ATOS
Ithas taken years for us to craft wording in the general plan and formula store ordinance
that gives us the ability to preserve the character and atmosphere and most import the
IMAGE of our historic commercial center. If we allow our image on Santa Cruz Ave. to
change from small town character to more promotional merchandising by issuing CUP's
to the wrong Nationals, it would be contrary to our vision of what we worked so hard to
protect, it is this image `that makes Los Gatos appealing and without it we will forfeit the
desire of a more compatible retailer that wants to come to Town. This national has a
place in Town just not at this location. So ] ask you to honor the commission's decision,
which was not arrived at from the tawdry evidence given at the hearing of American
Apparels sexually explicit format but for all the correct reasons, as I am sure you agree,
The planning commission did not err in their unanimous decision to deny American
Apparel. They were denied because the commission could not justify approval based on
.the general plan and retail formula guidelines. They were found to be incompatible with
existing stores, Their marketing plan that allow for the front doors to be kept open with
loud music and cutting edge bare skin posters plastered everywhere is the kind of
merchandising that fits in well in promotional zones, but not in a district populated by
small and independent retailers. They offer product that is already in Town, i.e. Palm and
Granite, Sprocket, and a half dozen sports shops and to some degree in other clothing
stores in the CBD. So the youth market is already well served. They do not preserve,
promote, and especially do not protect small town character or quality of life. it can be
argued that because of the already extreme density of use in this area coupled with the
attractive nuisance for the youth market of nearby TCBY and Pizza My Heart that they
could be considered a detriment to the duality of life in Town. The only guideline they fit
is that of plugging sales tax leakage, which alone is not a, valid reason for approval.
I hope that you not even contemplate the existing empty storefronts in your decision.
Danielle Surdin reports business is up 10%. This alone should reassure you that they
would be occupied soon. If allowed to sit empty the rents will go down and a wider
selection of tenants will appear. These tenants may not maximize the landlord's profits as
it promotional national would, but they would encourage economic and social activity
consistent with small town atmosphere and image. As commercial property owners in the
CBD we are aware of what the Town requires of a tenant from us, This property owner
and his agents know this as well, Our mix of tenants will be diminished by American
Apparels entry and we are afraid we would soon have to look for new tenants that are
compatible with American Apparel, or their successor as once a CUP for a national has
been established zu this location you will no longer have as much control.
David Stonesifer
ORDINANCE 2107
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE REGARDING
SECTIONS 29.10.020, 29.20.185, AND 29.20.190.
WHEREAS, the Town of Los Gatos has long been recognized as having a unique retail 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 financial success.
WHEREAS, an increase in the existing number of formula businesses potentially threatens the
Town's unique retail environment in a number of ways, including, but not limited to, the replacement of
small, locally owned businesses that often feature unique physical appearances and offer unusual or
uncommon products or product lines. This can occur either by the replacement of existing retail businesses
with new formula retail businesses, or by retail businesses with the capacity to overwhelm existing
businesses. 'An over concentration of formula retail business can result in a retail environment that is
indistinguishable from those located elsewhere in the region, the state and the nation.
WHEREAS, the Town's General Plan contains numerous goals, policies and implementing
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 of community-oriented
commercial goods, services and lodging, that is unique in its accommodation 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 emphasizes maintaining and servicing the needs of the
small town residential scale and natural environments of adjacent residential neighborhoods. Elsewhere,
concerning the historic downtown area, is a goal to 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
Page I of 3
Attachment 10
of small businesses and locally-owned stores and ships that are consistent with small town character and
scale" (L.P.6.2).
WHEREAS, Council's intent in adopting this ordinance is to ensure the exercise 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 other communities.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code section 29.20.020 is amended to read as follows:
Formula retail business means a retail business which, along with one or more other
business locations, is required by contractual or other arrangement to maintain any of the
following: standardized merchandise, services, decor, uniforms, architecture, colors, signs
or other similar features.
Nursery school /Day Care Center means a school for pre-elementary school age children which
provides controlled activities and instruction.
SECTION II
Town Code section 29.20.185 Table of Conditional Uses is amended as follows:
Replace existing Conditional Use Permit Table with Conditional Use Permit Table attached hereto
as Exhibit A.
SECTION III
Town Code section 29.20.190 is amended to read as follows:
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of this chapter if it
finds that:
(1) The proposed uses of the property are essential or desirable to the public convenience
or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
Page 2 of 3
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the general plan and the purposes of this chapter.
(5) A hazardous waste facility proposal is subject to the California Health and Safety
Code, Article 8.7, Section 25199--25199.14 and shall be consistent with the Santa
Clara County Hazardous Waste Management Plan.
(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a
conditional use permit for a formula retail business if the following findings are made:
(1) The proposed use of the property is not in harmony with specific provisions or
objectives of the general plan and the purposes of this chapter; and
(2) The proposed use will detract from the existing balance and diversity of businesses
in the commercial district in which the use is proposed to be located.
SECTION IV
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on October 21, 2002, and adopted by the following vote as an ordinance of the Town of Los Gatos at a
meeting of the Town Council of the Town of Los Gatos on November 4, 2002 This ordinance becomes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Joe Pirzynsk_i,
Mayor Randy Attaway.
NAYS: Steve Glickman.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF T TOWN OF 7-S GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
Page 3 of 3
ORDINANCE 2144
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING 0RDINA1vCE OF THE TOWN CODE REGARDING
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 retail
environment with an unusual mix of retail businesses m terms oftype,. ownership and appearance,
that distinguishes it from othersetail areas andhas contributed to. its longtime vibrancy and financial
success.
WHEREAS, the Town's GeneralPlan contains numerous goals, policies and implementing
strategies intended to preserve its unique retail environment. 'For :example, the land use designation .
CBD for the Central Business D street (2,42 1 is descnb.ed as "[encouraging] a mixtare of
community-oriented; commercial goads, services and lodging, that ' unique..n: its accommodation
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 emphasizes
maintaining. and servicing the needs of the small town..residential scale and:natural. environments of
.adjacent.residentialneighb:orhpud.s. Elsewhere; concernm. tl e',historic. downtown area;is a goalto
maintain mixture of,goods and.services, identity, environment and commerc al viability (I G 6.2)
and a policy to "[e]ncourage the development and retention of small businesses and locally.-owned
stores and s ps t.h at are coriszstQ t vnth 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 iii :adoptirg the :existing definition of formula retail.busness
1
Attachment 11
was to ensure the exercise of greater control over the location ofnew formula retail businesses.inthe
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 envir6mnent;into one that is homogenous with'
retail areas in other cosh-munities.
WHEREAS, the Town Council requested.that the General Plan Committee.(GPC) determine
whether the defm-tion 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 the
definition of formula retail business to allow small retailers to locate.in the Town without obtaining
a Conditional Use Permit (CUP).
WHEREAS,Council ' sintent inadopting this ordinance is to cant nueto ensure the exercise
of greater control over the location. of new formula retail bus s esses-in the Town.in order to meet the
goals, policies; and implementing strategies of the Town's General Plan and avoidlhe transition of
the Town's unique :retail environment into one that is homogenous with retail areas. in other
communities:
WHEREAS, Council determined that the proposed Zoning Code.Amendment is consistent
with the General Plan :and specifically with the land use designation CBD for the Central Business
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
Se0-tion.29.10:020. Definition's.
Formula. retail business means a retail business which; along with seven (7) or more
other business locati ons,. is required by contractual or other arrangement to maintain any of the
following:. standardized merchandise, services,. decor, uniforms, areh tectutre,. colors, signs or
other similar features.
SECTION II
'This; Ordinance was introduced at a regular meeting;of the Town Council.ofthe Town. of Los
Gatos on August 15, 2005, arid. adopted by the following vote as an ordinance of the Town of Los.
Gatos at..a:meetmg of the Town Council of the Town of Los Gatos on -8eptember `6, 2005:. This
ordinance becomes effective 30 days after it is adopted.
COUNCIL NMNIB.ERS:
AYES: Steve~Gliokman; Diane, McNutt; Joe Pirzynsld, Barbara :Spector,
ATTEST:
CLE tK OF Ta TbWN OF LOS GATO,S.
LOS GATOS,; CALIFORNIA
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