By Clarence Cromwell
Restaurateurs who want to do business in the central business district soon will face a more rigorous process in opening small eateries in Los Gatos--but not too rigorous, if the Town Council's intentions are carried out.
The Town Council voted unanimously July 15, with Mayor Randy Attaway absent, to let planning commissioners scrutinize proposals for small restaurants. The decisions currently are made by the lesser Development Review Committee, consisting of town staffers, but larger restaurants usually pass before the commission.
At the commission's request, other provisions proposed by the council to restrict restaurants were dropped, including limits to eateries' size and location.
Three councilmembers agreed with the Planning Commission majority that the commission's review of all restaurants will sufficiently protect downtown's mix of businesses, a factor believed to be important to the downtown's financial health.
"It's important to have a good mix in any healthy downtown. You've got to have that mixture, and you've got to have that draw," Councilmember Linda Lubeck explained.
"I think we've done basically what we've set out to do," Lubeck said. A change in use from retail to a restaurant involves too many political considerations for the Development Review Committee, she added.
Patrick O'Laughlin, council-member, added that other proposed policies could have raised discord, particularly limits on restaurant square footage downtown.
O'Laughlin disagreed with those who urged the commission to let market forces determine what goes downtown. He said laissez-faire land-use planning won't shape the downtown best "because then you have chaos."
The Planning Commission needs enough influence, O'Laughlin said, to strike a balance of various types of businesses.
Although Steve Blanton voted for the proposal, he said he plans to call on other councilmembers to reconsider their votes when the matter reappears for routine approval on the consent calendar. Blanton believes the commission and council have enough authority now, he said.
"My feeling is that a marketplace is a good arbiter of what is going to fit into the community and what is not," Blanton said. "I don't know that it's necessary to have another tool in our belt."
Blanton said letting the market run downtown won't have any ill effects on the mix of businesses, but trying to draw businesses that the market won't support could do harm.
Blanton didn't raise concerns July 15 because he knew the council would see the matter a second time for formal adoption, he said.
When the Planning Commission discussed restaurants in June, four commissioners--Len Pacheco, Wes Peyton, Laura Nachison and Marcia Jensen--recommended that the town avoid regulating businesses with new town codes. The proposed zoning amendment would have limited restaurants to a fourth of the storefront area as well as a fourth of the downstairs floor area downtown.
Commissioners agreed with the council proposal, however, that the power to grant a land-use change for a small restaurant should be moved up from the Development Review Committee to the Planning Commission. The commission ruled on restaurants until about four years ago when the town began to allow minor restaurants--those with less than 25 seats and not selling alcohol--to open with approval of the Development Review Committee. At the time, the Town Council wanted to encourage more restaurants.
Now councilmembers fear it's so easy to open a small restaurant that they might wipe out other types of businesses downtown.
This article appeared in the Los Gatos Weekly-Times, July 24, 1996.
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