It was a controversial issue that was just ripe for discussion. And when it arrived at the Los Gatos Planning Commission on April 14, both sides were ready for the debate.
But there would be no discussion of the town's temporary moratorium on "personal service businesses" in the downtown area—
not at this Wedensday night meeting anyway. It seems that only two of the five planning commissioners present could talk about the issue. The other three own property within 500 feet of the moratorium area, therefore legally could not enter into the discussion or cast a vote.
With two other commissioners absent from the meeting, the planning board was well short of the four-member minimum needed to constitute a quorum.
The discussion of the personal service business moratorium had to be postponed until April 20 at 6 p.m., a decision that frustrated many of those business and property owners in attendance who had hoped to discuss both sides of the issue.
The moratorium, put in place by the Los Gatos Town Council last September, bans beauty salons, barbershops, cosmetologists, spas, tanning salons and other like businesses from occupying ground floor storefronts in the downtown area from Los GatosSaratoga Road to just past W. Main Street. There is a valid argument that the free market should prevail, allowing property owners to rent their property to whomever they choose. But the fact is too many service-oriented businesses could make downtown less attractive to those who who consider Los Gatos a shopping destination. Downtown business owners and the town itself—
which realizes considerable income from retail and little from service-oriented businesses—
depend on a healthy retail mix.
Property owners are claiming that the moratorium is creating an undue hardship for them since they are forced to turn away potential customers who otherwise qualify as tenants.
The moratorium, which expires Aug. 1 has been in place for almost a year. Merchants and property owners were ready to discuss the moratorium on April 14. Unfortunately, the planning commission couldn't produce a quorum.
It is vital that the planning commissioners be on hand for the April 20 meeting to give both sides of the moratorium question a fair airing.
Three of the commissioners are downtown property owners. And while they are not involved directly in leasing space to personal service businesses, they have been advised to recuse themselves from any vote on the moratorium.
Since that leaves only four of the seven members eligible to enter into the discussion and vote, it is important for all of them to be in attendance so that public discourse can transpire in the weeks ahead to allow the Los Gatos Town Council to make a timely, informed decision this summer.
The opponents of the temporary moratorium will be at the planning commission meeting on April 20, and the proponents will be there too. Now we just need the right planning commissioners there.