05 Attachment 1 - 2018-032 - Suspending Town Code Regarding Formula RetailRESOLUTION 2018-032
RES OLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SUSPENDING TOWN CODE SECTION 29.20.185 REGARDING
THE REGULATIONS FOR FORMULA RE TAIL BUSINESSES IN THE C-2 ZONE FOR A
PERIOD NOT TO EXCEED 18 MONTHS.
WHEREAS, since the adoption of the formula retail regulations in 2002, the retail
industry continues to evolve through online shopping and new shopping models creating a
different environment for brick and mortar retail locations; and
WHEREAS, additional commercial spaces are being added to the inventory through new
developments in Los Gatos creating more opportunity for retail locations; and
WHEREAS, piloting a change to the regulations in the C-2 zone to match those in other
commercial zones creates a more level playing field during the pilot period; and
WHEREAS, a temporary suspension of the Town Code Section 29.20.185 may allow the
opportunity for the Town Council to gauge potential changes to the retail mix in the C-2 zone
with the ability to modify the resolution at any time before the 18-month period expires.
NOW, THEREFORE, BE IT RESOLVED: The Town Council of the Town of Los Gatos·
suspends the Town Code Section 29.20.185 regarding the regulations for formula retail·
businesses in the C-2 zone for a period not to exceed 18 months with the following provisions:
1.Existing Retail Locations
New formula retail businesses must occupy an existing commercial space that is less
than 6,000 square feet in the C-2 zone, and may not combine spaces or add
additional square footage; and
2.Certificate of Use and Occupancy and Business License
New formula retail businesses must follow the same requirements as an
independent retail business by filing a Certificate of Use and Occupancy, and a
Business license with the Town prior to operating; and
3.Maximum Threshold for Review
Should five new formula retail businesses open before the 18-month period expires,
Town staff will provide the Town Council with an update and review of this
resolution; and
4.Town Council Approval
This resolution does not apply to formula retail businesses that inten·d to sell
products (such as alcohol) that require approval by the Town Council.
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Resolution 2018 -032 June 5, 2018
ATTACHMENT 1