By Clarence Cromwell
A proposal to limit numbers and floor space of downtown restaurants, cooked up by the Town Council and served to the Planning Commission, failed by a 4-3 vote at the commission's May 8 meeting. Commissioners said they found regulating business' size and location distasteful, but they'd still like to move all decisions regarding small restaurants onto their plate.
The proposed zoning amendment would have barred restaurants from moving into a space previously occupied by a retail business. It would also have added formulas to the zoning code to limit restaurants to a fourth of the storefront area as well as a fourth of the downstairs floor area downtown. The amendment also re-introduced an earlier requirement that the Planning Commission review applications for any new restaurant with fewer than 25 seats that doesn't sell alcohol; restaurants of that size previously gained approval without a Planning Commission hearing.
The public hearing on the the zoning amendment distinctly lacked restaurateurs. But Robert Hamilton, business owner and former councilmember, asked the commission to let market forces, not regulations determine the business mix. He argued that Los Gatans will decide what businesses they want downtown by spending their money, or not. Businesses that are unwanted will disappear, he said."Walk yourself through a restaurant and see what it costs to get started," Hamilton said. "The people putting up their money think it through more carefully than we do.
"Businesses come and go," Hamilton continued. "The market will determine that."
Some commissioners agreed that customers should decide what stores are available to shop in.
Planning Commission Chair Marcia Jensen said, "I haven't seen evidence this amendment is particularly needed." She echoed the concern that market forces should shape the downtown.
Commissioner Laura Nachison agreed, calling the amendment "micromanagement."
Those who supported the amendment, Michael Abkin, Sandy Decker and Marcia Morgan, said they found the proposal consistent with the town's general plan. Commissioners Leonard Pacheco and Wes Peyton joined Nachison and Jenson in opposing the amendment.
After voting down the amendment, the commission decided unanimously to draw up its own policy that would scrap the council's restaurant regulations, but would still give the Planning Commission power to approve or deny proposed restaurants downtown.
Members said they considered that decision a matter of restoring power to the commission.
The Planning Commission ruled on restaurants until about four years ago when the town began to allow minor restaurants--those containing less than 25 seats and not selling alcohol--to open with approval of the Development Review Committee. The process is simpler because it requires no public hearing.
That procedural change was made to streamline the planning process, said Planning Director Lee Bowman. He explained that the applications were considered "no big deal" back then.
"Now the council is saying they are a big deal," Bowman explained. Councilmembers wanted to move decisions on those small restaurants back to the Planning Commission.
This article appeared in the Los Gatos Weekly-Times, May 15, 1996.
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