TOWN OF LOS GATOS ITEM NO: 5 PLANNING COMMISSION STAFF REPORT Meeting Date: September 14, 2016

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1 TOWN OF LOS GATOS ITEM NO: 5 PLANNING COMMISSION STAFF REPORT Meeting Date: September 14, 2016 ADDENDUM PREPARED BY: APPLICATION NO: LOCATION: APPLICANT/ CONTACT PERSON: PROPERTY OWNER: APPLICATION SUMMARY: EXHIBITS: Sally Zamowitz szarnowitz@losgatosca.gov Conditional Use Permit Application U S. Santa Cruz Avenue (West side ofs. Santa Cruz Avenue northerly of Wood Road) LG Hotel LLC D.B.A. Toll House Michael Mohr - Coo MetWest Properties, LLC Requesting a modification to an existing Conditional Use Permit to allow entertainment before 1 0:00 p.m. on property zoned C-2:PD. APNs and Previously received with September 14, 2016 Staff Report: 1. Location Map 2. Findings (one page) 3. Recommended Conditions of Approval (one page) 4. Existing Conditions of Approval (two pages) 5. Project Description and Letter of Justification, received June 30, 2016 (two pages) 6. Plans and photos, received June 30, 2016 (seven sheets) 7. Policy Number 1-03 Regulating Late Night Entertainment, dated June 22,2016 and Council Agenda Report, dated June 13, 2016 (seven pages) 8. Public comment received by 11 :00 a.m., Thursday, September 8, 2016 Received with this Addendum Report: 9. Public comment received between 11:01 a.m., Thursday, September 8, 2016 and 11:00 a.m., Tuesday, September 13, 2016 REMARKS: Exhibit 9 includes public comment received between 11 :01 a.m., Thursday, September 8, 2016 and 11:00 a.m., Tuesday, September 13, ATTACHMENT 2

2 Planning Commission Addendum Report - Page S. Santa Cruz A venue/u September 14, 2016 Prepared by: Sally Zamowitz, AlA Planning Manager ~/J f\pproved by: Joel Paulson, AICP Community Development Director JP:SZ:cg cc: LG Hotel, LLC, D.B.A. Toll House, 140 S. Santa Cruz Avenue, Los Gatos, CA N:\DEYIPC REPORTS\20 16\SSC Addcn.docx

3 Sally Zarnowitz From: Sent: To: Subject: MikeV < > Thursday, September 08, :30 PM Sally Zarnowitz; Marice Sayoc; Steven Leonardis; BSpector; Marcia Jensen; Rob Rennie Tollhouse CUP To: Los Gatos Planning Commission and Town Council We, the undersigned Broadway neighbors, have been recently informed that the Tollhouse hotel has requested a change to their Conditional Use Permit to allow entertainment in their outdoor courtyard. This is expressly forbidden, and for good reason. The Tollhouse is situated in a residential neighborhood. Any entertainment in their outdoor courtyard would have a severe negative impact on the Tollhouse neighbors. We know this first hand, when in the summer of 2011, the Tollhouse violated their Conditional Use Permit and held live entertainment outside. This included live bands, weddings and other banquet and reception activities, all of which, are expressly forbidden in the CUP. It was a noisy and stressful time. We therefore express a strong desire to NOT allow any changes to their CUP. In the request for a change to their CUP, the Tollhouse indicated that in 1994, when the CUP was put into place, that it was a different time. Well not for us! The homes and apartments are still here, we are still physical neighbors with the Tollhouse and have no desire to return to the noise that accompanied the summer of Thank You Mike and Gillian Verga 46 Broadway Ave Claire Leclair 50 Broadway Ave Gail Randolph 42 Broadway Ave Mike and Kim Wasserman 68 and 72 Broadway Ave Larry and Kim Lenhart 30 Broadway Ave Dixie Fisher 74 Broadway Ave Warren and Maria Ristow 85 Broadway Ave Margaret Bielski and Bob Mccartney 65 Broadway Ave Lori Baker and Brad Forcier 45 Broadway Ave Athena Puglise 44 Broadway EXHIBIT 9 1

4 Planning From: Sent: To: Subject: Maria Ristow < Monday, September 12, :00 AM Planning Toll House CUP Los Gatos Town Planning Commission, We ask you to deny the Toll House request to alter their CUP. The existing CUP prohibits music, entertainment, or amplified sound in the courtyard. This restriction was put in place when the courtyard was constructed many years ago, and the location of the Toll House and its patio have not changed. We are quite in favor of live music downtown, but some businesses are located in better places for this than others. There are very few businesses with a prohibition against music or entertainment, and the Toll House is one of them. This was a given before the Toll House changed ownership. Our new Town policy on entertainment allows live music where it is not expressly denied in the CUP. Many businesses are now able to provide such entertainment, and this will benefit the entire downtown. As permits for outdoor dining and live entertainment in our Town are expanded, it is important to note not all venues are appropriate. The Toll House patio, with its proximity to an adjacent residential neighborhood, is perfect for passive use and not appropriate for entertainment. Please retain the conditions under which this hotel and patio were permitted to be constructed. Thank you, Maria and Warren Ristow 85 Broadway Maria Ristow Los Gatos Community Alliance 1

42 Broadway Los Gatos, CA 95030 Planning Commission Los Gatos, CA 95030 RECEIVED SEP 12 2016 R.ee.ti.-u~&, I.Z:oSPA! TOWN OF LOS GATOS~ PLANNING D!

5 42 Broadway Los Gatos, CA Planning Commission Los Gatos, CA RECEIVED SEP R.ee.ti.-u~&, I.Z:oSPA! TOWN OF LOS GATOS~ PLANNING D!VIStON Dear Planning Commission, I am notified that the Verge Restaurant of the Toll House Hotel has petitioned to allow music, entertainment and amplified sound in the courtyard. I am opposed to any change to their CUP. As of now, the TH original CUP disallows music, entertainment or amplified sound, and disallows banquets, receptions or conferences, and courtyard seating cannot exceed 36. I've lived at #42 Broadway since 1975, before the Toll House was built in 1983 (and later expanded). I participated in meetings and decision making processes before the building and use was approved. It seemed like a good fit, to have a hotel in that space. It would be a place where people would be sleeping and perhaps sitting in the courtyard to read a book or enjoy a little sunshine. In 1994 the town established its alcohol policy. In 1995 conditional use of the TH use was written. Because the courtyard wall would abut residences, the CUP wording was carefully constructed to ensure compatibility with the apartments and homes along Broadway. Because sound can bounce, those considerations were made to help ensure a peaceful home life throughout the neighborhood. I've had experience with amplified sound in the TH courtyard. In about 2008 previous TH owners began ignoring the CUP and started holding loud outdoor events. My windows would shake and the invasive sound inside my house, with all my windows closed, would be louder than my tv. I would call and ask them to lower the music, and someone at the desk would tell someone in the courtyard to adjust the speakers. Sometimes that helped, and sometimes they would turn them back up. By 2011 the whole neighborhood became involved, and eventually the town and police became so as well. The Toll House was ordered to apply to change their CUP to match the use, which they attempted and then dropped. Without the loud music, the loud events came to a halt. It appears that in 2012, the TH property sold. In 2014 Jason Bogan became property manager. In 2015 the town was exploring music and entertainment policies. In early in 2016 the courtyard was remodeled, according to Jason's letter of application. In June of 2016 the town adopted the late night entertainment ordinance. And, now, in late 2016, the THis again petitioning to change the CUP to allow music and amplification. Not only am I opposed to changes in the CUP, I would request that the TH be held to the current CUP, in regards to seating and use. The CUP limits courtyard seating to 36. The plans for the remodel show about 85 seats. The CUP specifically disallows banquets, receptions, or conferences. I know one Los Gatan that has attended a corporate event. This person says they hold corporate events all the time.

6 I am opposed to any change to the thoughtfully and carefully crafted CUP. As it stands, and when it is abided by, it is appropriate for this location at the extreme end of the business district and in proximity to the oldest residential street and neighborhood in town. Most sincerely, Gail Randolph

Questions and Comments to Discuss with Staff

Questions and Comments to Discuss with Staff Specific Items in the Draft Revised Noise Code Page 12 1. Noting the definition that Impulsive noise means noise characterized by brief bursts (usually less