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2011020708 - Desk Item 22 S. Santa Cruz Avenue, Suite A. Consider AppealMEETING DATE: 02/07/2011 ITEM NO: DESK ITEM �Og �pt0 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 THIS PAGE INTENTIONALLY LEFT BLANK Town 1 U of Los Gatos C -2 Zoning District • Personal Service Business 7� 22 S. Santa Cruz Avenue Attachment 8 THIS PAGE INTENTIONALLYLEFT BLANK T U U oa Z& //tZw i Le.Ga L rr ,:^ fLacu �qi di -f' �l %If ✓pr ._�/ 0 TOWN OF LOG GATOS p.z 7 -7-" 1/ p L9 0 w 12 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. i r / I C