14 Desk Item - 35 N. Santa Cruz AvenueMN oA MEETING DATE: 12/18/2006
ITEM NO:
!pSp~OS COUNCIL AGENDA REPORT
DATE: December 18, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: CONSIDER AN APPEAL OF A PLANNING COMMISSIONER DECISION
DENYING A REQUEST TO OPERATE A RESTAURANT IN CONJUNCTION
WITH RETAIL SALES (POWELL'S SWEET SHOPPE) ON PROPERTY
ZONED C-2. APN 510-44-032. CONDITIONAL USE PERMIT U-07-4
PROPERTY LOCATION: 35 NO. SANTA CRUZ AVENUE PROPERTY
OWNER: RITCHIE ASSET MGMT CO. APPLICANT/APPELLANT: KNOTT
FAMILY RESTAURANT/NEIL KNOTT
REMARKS:
Attached is information received after the staff report was distributed.
Attachments:
L-12. Previously submitted.
13. Lettter from LG Chamber of Commerce dated December 15, 2006 (2 pages).
BNL:RT:mdc
PREPARED BY: BUD N. LORTZ
DIRECTOR OF POMMAITY DEVELOPMENT
N:ADEV\CNCLRPTS\2006\35nscdesk.doe
Reviewed by: V)) Assistant Town Manager
Clerk Administrator Finance V
W-Town Attorney
Community Development
RECEIVED
TOWN OF
~S ItOS December 15, 2006 NOV 18 2006
CHAMBER OF COMMERCE MAYOR&TOWNCOUNCIL
To the Town Council of Los Gatos
i Ri
P
id
Re: Powell's Sweet Shoppe Appeal of Planning Commission Decision Regarding
ent
Patt
ce-
res
The Spa-Los Gatos
Gelato Sales on the Premises
Brenda Hammond
President Elect
the Los Gatos Chamber of Commerce invited merchants whose businesses
In March 2006
Restaurant James Randall
,
were located in the downtown corridor (University Ave., Main Street and North Santa Cruz Ave-
Erika Brown
The purpose of this new "Downtown Committee" was
nue) to participate in an email committee
Private Mortgage Advisors
Susan Combs-Bauer
.
to inform and educate the business community on issues, ideas and business practices that are
BauerCombs Landscape Architects
pertinent to them and to obtain feedback from them on those issues that directly impact the
Rich Diaz
Entrabose
downtown community.
Mollie Drake
Los Gatos Meadows
Gary Honts
The Chamber uses this feedback to report opinions to the Planning Commission and Town
Community Hospital
Council on pending issues to assist you in making your decisions. The feedback is coordinated
of Los Gatos
D. Michael Kane
by the Chamber but the opinions sent to the Council and Planning Commission are those of the
Kane Financial Group
business owners and not of the Chamber. It should also be noted that there is no limitation of
Kevin Kelly
Charles Schwab
Chamber membership for this group and it is open to the entire downtown business community.
Blaine Kingsbury, D.C.
The group has been assured that none of their names will be used without their express permis-
Community Chiropractic
Bill Leonard
sion to do so. The Chamber intends to send the information gathered to the local newspaper in
Ignite Marketing
the form of a letter to the editor so the merchants voices are heard throughout the community on
Keith Plottel
LMGW Certified Public
issues that directly affect them.
Accountants
Janice McCabe
Janice McCabe Interiors
An email was sent to the Downtown Committee regarding Powell's Sweet Shoppe and their ap-
William Seligmann
peal of the Planning Commission's decision on their gelato sales (attached). Of the thirteen busi-
Law Offices of
William R. Seligmann
nesses who responded, the results are as follows:
Pam Snowden-Abella
Heritage Bank o f Commerce
Susan Stevens
Overturn the Planning Commission's decision : In Favor: 12
Hotel Los Gatos & Spa
Uphold the Planning Commission: In Favor: 1
Greg Stowers
Stowers Associates Architects
Keely Strong
There were numerous comments attached to the surveys. They are included for your considera-
California Cafe
Marie Tallman
tlon.
Backyard Wineries
"Keep it please!"
"I think when Mr. Knott submitted his plans for approval, that was the time for the Planning
rv, derzfs
Commission to ask questions and make a decision. Obviously if he had freezers / dip cabinets,
C R C L E
there would be items inside of them for sale. Since his business plan was based upon the entire
list of items to sell, it would be terrible to not let him keep his new use permit and sell the gelato
because of a mistake the inspector made or because of questions they failed to ask. I think the
Platinum Sponsor
decision should be based upon local business owners around them, folks present at the council
Community Hospital
meeting and Chamber Members. If most folks want his new use permit to be accepted, then it
of Los Gatos
should. This is an expensive town to do business in and anyone willing to have one here and
Gold Sponsors
pay taxes should be given consideration for his/her honest efforts. It's not his fault the permit
The Spa-Los Gatos
Los Gatos Meadows
was mixed up in the first place."
Bronze Sponsor
Hotel Los Gatos & Spa
. "It seems like a minor oversight tome, Powell's is a very unique, positive addition to our town.
Los Gatos Foot & Ankle
I hope this will not negatively effect the other excellent business down the street that sells ge-
Center
FedEx Kinko's-Los Gatos
lato."
The Sereno Group
349 N. Santa Cruz Avenue, Los Gatos, CA 95030 PH 408.354.9300 Fax 408.399.1594
www.losgaroschamber.com
ATTACHMENT 13
TOWN OF
os ft1tos
CHAMBER OF COMMERCE
Patti Rice-President
Tire Spa-Los Gatos
Brenda Hammond
President Elect
Restaurant James Randall
Erika Brown
Private Mortgage Advisors
Susan Combs-Bauer
BauerCombs Landscape Architects
Rich Diaz
Entro base
Mollie Drake
Los Gatos Meadows
Gary Honts
Community Hospital
of Los Gatos
D. Michael Kane
Kane Financial Group
Kevin Kelly
Charles Schwab
Blaine Kingsbury, D.C.
Community Chiropractic
Bill Leonard
Ignite Marketing
Keith Plottel
LMGW Certified Public
Accountants
Janice McCabe
Janice McCabe Interiors
William Seligmann
Law Offices of
William R. Seligmann
Pam Snowden-Abella
Heritage Bank of Commerce
Susan Stevens
Hotel Los Gatos & Spa
Greg Stowers
Stowers Associates Architects
Keely Strong
California Cafe
Marie Tallman
Backyard Wineries
~A,?.Sidenll
C I R C L E
Platinum Sponsor
Community Hospital
of Los Gatos
Gold Sponsors
The Spa-Los Gatos
Los Gatos Meadows
Bronze Sponsor
Hotel Los Gatos & Spa
Los Gatos Foot & Ankle
Center
FedEx Kinko's-Los Gatos
The Sereno Group
- "If the applicant's original application was to sell ice cream and the plans clearly state "gelato
case" with which the health department inspected and approved installation, then it is the Plan-
ning Department's error in assuming for some reason that the ice cream would be prepackaged
The applicant then complied with their "after the fact" request for a CUP but it is denied be-
cause a competitor cried unfair competition-this is ridiculous. Wouldn't we all love to be the
only ones selling a particular product or service? Decision should be reversed."
- "It is difficult to have an opinion without knowing exactly what was submitted for approval, i.e.:
Powell plans included Gelato case? So, if the plans showed the Gelato case then I feel that he
Council should overturn the Planning Commission's decision. If the plans do not, then I believe
the Council will have the right to evaluate the inclusion of Gelato. Personally, I don't see any
reason why Powell should not have Gelato."
- "I don't see how ice cream versus gelato is that big a difference, nor do I think he was trying to
hide anything."
- "If the owner indicated verbally in his initial request that he was selling gelato and if the plans
show "gelato case" and the owner was granted approval by the health department and code
compliance, then I feel he has the right to sell gelato. If there was an error in prior approval it
isn't the Powell owner that should be punished. He created a budget that included gelato sales
based on what the town told him. The fact that he went along with the request to file the minor
restaurant permit shows his willingness to cooperate... even though I don't even think he should
have had to do that. As far as I'm concerned, it was after the fact and too late. Code Compli-
ance should have asked the right questions to begin with. Planning should have approved it and
the complaining competitor should just offer a better product, better service and concentrate on
marketing than on trying to limit others from selling gelato. Hmmmmmm, I don't think other new
restaurants should be able to serve pork chops. (This response was a "reply all" via email and 2
other businesses replied that they agreed with the writer's comments)."
- "This is like a Shakespearean Festival-a Comedy of Errors and Much Ado About Nothing!
Let the guy serve gelato."
We hope this is helpful to you in making your decision.
Respectfully submitted,
TOWN OF LOS GATOS CHAMBER OF COMMERCE
Greg Stowers
VP Legislative Affairs
Patti A. Rice
President
349 N. Santa Cruz Avenue, Los Gatos, CA 95030 PH 408.354.9300 Fax 408.399.1594
www.losgatoschamber.com