Attachment 4
Draft Resolution to
be modified by Town
RESOLUTION 2016-
Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS SUSPENDING
SECTION ONE OF ORDINANCE 2021 REGARDING DISCOURAGING THE
DISPLACEMENT OF RETAIL USES BY RESTAURANTS
WHEREAS,
the Los Gatos Town Council adopted Section One of Ordinance 2021 in
1996 to ensure that a more careful public review was given to all new restaurants applying to
replace a retail location within the Downtown C-2 zone, and to discourage the replacement of
retail with restaurant uses; and
WHEREAS,
when Section One of Ordinance 2021 was adopted, the retail environment
was much different than it is in 2016, and there was a greater demand for brick and mortar retail
spaces; and
WHEREAS,
over the last several quarters, the Town has experienced a decrease in sales
tax associated with general retail, and have had business owners report that their in store sales
are declining; and
WHEREAS
, the Town Council has adopted a strategic priority of developing an
Economic Strategic Plan to enhance and evaluate opportunities that allow the Town to improve
vibrancy and attract residents and visitors to shop, dine and stay; and
WHEREAS
, the Town Council has expressed interest in providing greater and more
fluid opportunities for businesses to thrive in Los Gatos, enhancing desirable amenities for the
community, encouraging local shopping and dining, and preventing leakage to other
communities; and
WHEREAS,
from September 2015 to February 2016, the Town Council and Planning
Commission discussed and deliberated on a variety of issues that relate to businesses in Los
Gatos including Section One of Ordinance 2021; and
ATTACHMENT 4
WHEREAS,
on February 25, 2016, the Policy Committee discussed the current role of
Section Once of Ordinance 2021 in the Town’s mix of retail businesses and considered several
options that may provide greater opportunities for businesses to locate within Los Gatos; and
WHEREAS,
the Policy Committee determined that to obtain a Conditional Use Permit
(CUP) typically takes between three to 6 months and can cost tens of thousands of dollars,
including fees for attorneys, architects, and community outreach consultants and other costs and
there have been instances where a use is desired by the Planning Commission and public
however due to Section One of Ordinance 2021, staff has been required to recommend denial to
the Planning Commission, and the Planning Commission has felt bound to deny the application
while publically declaring their support for the use.
WHEREAS,
the Policy Committee made a recommendation to the Town Council that a
resolution should be adopted to implement a pilot program that suspends the provisions of
Section One of Ordinance 2021 for eighteen months; and
WHEREAS,
an eighteen month suspension of the requirement to discourage the
replacement of retail with restaurant uses allows for greater business opportunities and offers the
Council, community, and staff the ability to cautiously monitor the effects on the character of
Los Gatos shopping districts.
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Council hereby suspends Section One of Ordinance 2021 given that the
circumstances and commercial environment in which it was adopted have significantly changed
making this ordinance no longer relevant, and currently hindering business opportunities in Los
Gatos.
2. During this eighteen month period, or following the review and recommendation
of the Council, this suspension may become a full Code Amendment.
PASSED AND ADOPTED
at a regular meeting of the Town Council of the Town of
th
Los Gatos, California, held on the 15 day of March, 2016, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\MGR\AdminWorkFiles\Council Committee - POLICY\2016\March 7 Special Meeting\Attahcments for Report\Draft Reso for ordinance 2021
rescission.docx