Presentation Formula Retail Specialty Retail Outdoor Seating Town Council Meeting October 6, 2015
Council directed staff to return with a summary of the items presented included: Formula Retail Conditional Use Permits Outdoor Seating Tying seat allowances to parking credits Ordinance 2021, discouraging retail spaces from becoming restaurant The assessment of traffic impact fees on new businesses CUP compliance and fairness Simplifying the process for businesses AT THE SEPTEMBER 1 ST COUNCIL MEETING:
There is currently no established balance contained by an ordinance or policy. Council may elect a balance and direct a Code amendment or Council Policy to reflect it. Code Amendment = public hearings by both Planning Commission & Town Council Town Council Policy may be adopted by the Council as early as the next Council Meeting. MAINTAIN LOS GATOS’ UNIQUE SHOPPING EXPERIENCE: BALANCE OF FORMULA TO INDEPENDENT RETAIL FORMULA RETAIL
Amend current Town Code Definition Staff recommends a Code amendment to update the current Formula Retail definition to include a better description on the criteria used to qualify a merchant as formula. Other Amendments could include : The number of existing locations: 7 vs 10 U.S. versus Worldwide locations Inclusion of Restaurants DEFINING FORMULA RETAIL FORMULA RETAIL
Should the Town continue to offer Specialty Retail as a non -restaurant food use option? Specialty Retail may be defined within the Town Code, or as a Council Policy. Consider the language used in the Town’s Traffic I mpact P olicy for Specialty Retail/Impulse Business. All food use/restaurant definitions may require re -alignment with the categories used to assess traffic mitigation fees. DEFINING & PERMITTING SPECIALTY RETAIL SPECIALTY RETAIL
Consider allowing Specialty Retailers to have the option of offering limited seating or gathering areas. Limitations could be based on square footage or could be set at a not to exceed limit. Town Council could opt for a Council Policy or Code amendment to provide the regulations. SEATING WITHIN A SPECIALTY RETAIL BUSINESS SPECIALTY RETAIL
SPECIALTY RETAIL ORDINANCE 2021: STRONGLY DISCOURAGES THE CONVERSION OF RETAIL TO RESTAURANT Consider the original intent of this ordinance and direct if an amendment or rescission is appropriate.
SPECIALTY RETAIL TRAFFIC IMPACT POLICY & MITIGATION FEES The Town’s current definitions for Specialty Retail within the Administrative Policy and Traffic Impact Policy do not align. Independent businesses are often “priced out” of opening their business when traffic fees apply. Council may consider amending the Traffic Impact Policy to address definitions or the application of fees
Council Policy or Code amendments could allow restaurants or businesses with adequate space for ADA and pedestrian access to have outdoor seats. OUTDOOR SEATING ADDITION OF OUTDOOR SEATS DEFINING & CALCULATING SEATS How should seats and areas for customers to congregate be defined? Should the Town allow seats in a restaurant based on square footage or fire occupancy code. ROOFTOP SEATING Without the availability of sidewalk seating, the idea of rooftop seating has been raised by property owners. Rooftop seating could be permitted through a Code amendment or Council Policy.
FORMULA RETAIL Consider intent of provisions Qualifying criteria Existing locations (number & location) Balance of formula to independent SPECIALTY RETAIL Consider intent of provisions, determine if a Town Code definition or Policy is preferred. Consider allowing limited seats within specialty retail. Consider if it is most appropriate to amend all restaurant/food use category definitions within the Town Code. Consider the intent of Ordinance 2021. OUTDOOR SEATING The use of private property including rooftops and public right -of -way Permitting on a temporary or ongoing basis through CUPs, encroachment permits, or other mechanism. If outdoor seating should be included in overall restaurant seating counts. Define seats and consider seating calculation methods PROCESS FOR CHANGES: Code Amendment Council Policy CONSIDERATION AND DIRECTION OF NEW POLICIES OR CODE AMENDMENTS