2011020708 - Desk Item 22 S. Santa Cruz Avenue, Suite A. Consider AppealMEETING DATE: 02/07/2011
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DESK ITEM
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COUNCIL AGENDA REPORT
DATE: FEBRUARY 7, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER ,
SUBJECT: CONDITIONAL USE PERMIT U -10 -013. PROJECT LOCATION: 22 S.
SANTA CRUZ AVENUE, SUITE A. PROPERTY OWNER/APPLICANT:
RONALD TATE. APPELLANT: LANCE TATE.
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO
DENY A REQUEST TO ADD THREE SALON STATIONS TO AN EXISTING
PERSONAL SERVICE BUSINESS (MADDOX HAIR SALON) OPERATING
IN CONJUNCTION WITH A RETAIL STORE ON PROPERTY ZONED C -2.
APN 510 -45 -014.
STAFF REMARKS
Staff has enclosed a revised Personal Service Business map (Attachment 8). The revised map
indicates (in orange) the specific properties of the Central Business District, or C -2 zone, which
require a Conditional Use Permit (CUP) to establish a personal service business on the ground
floor. Personal service businesses that were legally established prior to the CUP requirement are
allowed to continue if there has been no lapse in use of 180 days or more.
After the staff report was circulated, the Town received one additional public comment
(Attachment 9).
Attachments
1— 7. Previously received
8. Revised Personal Service Business Map (one page)
9. Public Comment (two pages)
PREPARED BY : OW ndie R. Rooney, Director of Community Development
Reviewed by: M Assistant Town Manager Town Attorney
Clerk Administrator Finance mmunity Development
NADEVUC REPORTS\2011MC22 dm1dtem.dmx
Reformatted: 5/30/02
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Town
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of Los Gatos
C -2 Zoning District
• Personal Service Business
7� 22 S. Santa Cruz Avenue
Attachment 8
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FEB -7 2011
Attachment 9
Los Gatos Town Council
Re: Appeal of planning commission's denial of additional
chairs and removal of retail space at corner of Main and
Broadway.
Dear Council Members
The average rents on Santa Cruz Ave. for small stores runs
about 3.00 dollars a foot. Believe it or not the rents for
national chain stores on Santa Cruz Ave. does not run
much more. The rents though for salons and restaurant
usage runs in excess of 4.00 a square foot. If this location
were retail the landlord would have to meet the street
rates and not garner the extra 30% that they get for having
it be a salon. It is not the town's responsibility to make
sure landlords receive the highest possible rents by
converting retail into personal service. Insofar as the
tenants concerned, he new what the rents were and took it
anyhow, perhaps with the proviso he could get more seats.
We owe no responsibility to him either.
This location was allowed to convert to personal service
partly because of the family name of the original applicant.
This previous applicant still has a financial interest in
making sure her predecessor gets the additional seats.
T h e pla ririiiiE, a.i�i7i a`iiia3ifl ii . Gal7ila ii v cal tiiG ril lslaial u s U
permit based on the premise that it had a sizeable retail
aspect. There was testimony from planning when they
denied the current applicant for this reason. They did not
err in demanding the original approval terms. If anything
they erred in not demanding that the retail aspect be
replaced immediately or revoke the permit This is all
about what is good for the landlord and the tenant not for
what is good for the town. Money should not be a factor.
The building is ultimately rentable at $3. Ft. the going rate'
Larry Justo Arz' 18000 Overlook. Town.
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