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Attachment 04TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: November 9, 2016 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT/ CONTACT PERSON: PROPERTY OWNER: APPLICATION SUMMARY: Sally Zarnowitz szamowitz@losgatosca.gov Conditional Use Permit Application U-16-005 ITEM NO: 2 140 S. Santa Cruz Avenue (West side of S. 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 10:00 p.m. on property zoned C-2:PD. APNs 510-45-064 and -065. DEEMED COMPLETE: August 19, 2016 FINAL DATE TO TAKE ACTION: February 19, 2017 RECOMMENDATION: Forward a recommendation to Town Council for approval of the modification to the Conditional Use Permit. PROJECT DATA: CEQA: General Plan Designation: Zoning Designation: Applicable Plans & Standards: Parcel Sizes: Surrounding Area: Central Business District Planned Development, C-2:PD General Plan 1.8 acres Existing Land Use General Plan Zoning North Commercial Central Business District and Medium Density Residential C-2 and R-1D:LHP East Commercial Central Business District C-2 South Commercial Central Business District C-2 West Residential Medium Density Residential R:PD and R-1 D: LHP The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. ATTACHMENT 4 Planning Commission Staff Report - Page 2 140 S. Santa Cruz Avenue/U-16-005 November 9, 2016 FINDINGS: ■ As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing Facilities. ■ As required by Section 29.20.190 of the Town Code for Conditional Use Permit modification. ACTION: Forward a recommendation regarding Conditional Use Permit application U-16-005 to the Town Council. EXHIBITS: 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 ofJustification, 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 Previously received with September 14, 2016 Addendum: 9. Public comment received between 11:01 a.m., Thursday, September 8, 2016 and 11:00 a.m., Tuesday, September 13, 2016 Received with this Staff Report: 10. Entertainment Noise Assessment, dated October 4, 2016 (four pages) 11. Toll House public outreach and invitation (two pages) 12. Revised Recommended Conditions of Approval (one page) 13. Public comment received between 11:01 a.m., Tuesday, September 13, 2016 and 11:00 a.m., Thursday, November 3, 2016 Planning Commission Staff Report - Page 3 140 S. Santa Cruz Avenue/U-16-005 November 9, 2016 REMARKS: On September 14, 2016, the Planning Commission considered the applicant's request and requested a noise assessment for the proposed outdoor entertainment on the property. The Commission continued the matter to their November 9, 2016 meeting to allow the applicant time to commission and conduct a noise assessment. Exhibit 10 is a report on the entertainment noise assessment conducted at the property on September 27, 2016. This report provides baseline courtyard noise levels at two locations (C 1 or C2, Figure 1) which the hotel can use to monitor noise levels during events, so as not to exceed the Town Noise Zone limits. The noise consultant will be available to answer questions about the assessment and analysis at the November 9, 2016 meeting. Exhibit 12 consists of revised recommended conditions of approval to include a condition requiring a permanent noise monitor at one of the two locations. RECOMMENDATION: Should the Planning Commission determine that the noise assessment adequately addresses the noise concerns raised at the September 14, 2016 meeting, it can take the following actions to recommend approval of CUP application U-16-005 to the Town Council. 1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and 2. Make the required findings as required by Section 29.20.190 of the Town Code for granting approval of a CUP (Exhibit 2); and 3. Recommend approval of CUP application U-16-005 to the Town Council with the conditions contained in Exhibit 3 and the plans contained in Exhibit 6. ALTERNATIVES: If the Commission has concerns with the proposed modification, it can: 1. Recommend that the Town Council approve the application with additional and/or modified conditions of approval; or 2. Recommend that the Town Council deny the application; or 3. Continue the application to a date certain with direction. Prepared by: Sally Zamowitz, AIA, LEED AP Planning Manager Approved by: Joel Paulson, AICP Community Development Director Planning Commission Staff Report - Page 4 140 S. Santa Cruz Avenue/U-16-005 November 9, 2016 JP:SZ:cg cc: LG Hotel, LLC, D.B.A. Toll House, 140 S. Santa Cruz Avenue, Los Gatos, CA 95030 Michael Mohr — Coo Met West Properties, LLC, 11100 Santa Monica Blvd., Ste. 1700, Los Angeles, CA 90025 N:IDEVIPC REPORTS120161SSC 140 11-09-16.docx Armstics Audiovisual Telecaiie+n nicatEc rt' Security CharieaM. Sober. IT David R. Sthwsn4 FAS4 Eric lBroadters$ Mon. PE PF4p L Saider; IJ m AP Thorne. A. Schindler, PE Durand R. Begar t. PhD, FAES Kan Graver% K. RCCO cTS-D Anthony P. Ncrsh, PE Crislura L Mrya Jason R. Duty PE Lloyd B. Rondo Thanim l Corbett, C15 Eric A. Yee Josfwa M. Roper, PE, TEED AP Pater K. Hoist PE, Lam) AP Eton G Salter, PE LEW AP Craig L Glkar. RCDD Alrea:der IC Salter, PE Jeremy L Dhd»r, PE Rob Honmar4 PSP, NICE r III Andrew J. McKee Steven A. woods Josh J. Homan ilinq C Pahl Valerie C. Smith, PE Benjamin D. Piper EY.ae&S IWson Ryan G. Re: kapc, AA WARR Brian C. Wouvms Dregs Hernandez Ryan A. Schofield Alec T. schider Abner E Morales Adrian L Lu Greg R. Enrsdein Philip J. Perry, PMP Shoe L Lathy Kenneth W. Fire Facts Tara Blake M. Wok LEER GA ICagwrev M. Maws Jordon L. Roberts Syhre M. Roth Bryce M. Graven Hodher A. salter Doe E. Garcia Catherine F. Scurlock 4 October 2016 Jim Gerney MetWest Terra 140 S Santa Cruz Avenue Los Gatos, CA 95030 Email: jim.gerney@metwestterra.com Subject: Toll House Hotel, Los Gatos, CA Entertainment Noise Assessment Salter Project: 16-0588 Dear Jim: Charles M. Salter ASSOCIATES INC. 130 Sutter Street Floor 5 San Franaeza CA 94104 T 415.397.0442 F 415.3971454 www.cnualtercan This letter summarizes the results of our entertainment noise assessment for proposed outdoor events at the Toll House Hotel in Los Gatos. The purpose of this study was to measure typical entertainment (music) noise at nearby residential properties and determine a music operating level necessary to meet the City standards. This letter summarizes our findings and recommendations. ACOUSTICAL CRITERIA Town of Los Gatos Code of Ordinances The Town of Los Gatos Code of Ordinances addresses Noise in Chapter 16. According to Section 16.20.015: No person shall cause, make, suffer or allow to be made by any machine, animal, device or any combination of same in a residential zone, a noise level more than six (6) dB above the noise level specified for that particular noise zone, as shown on the Noise Zone Map, during that particular time frame, at any point outside of the property plane. Additionally, the Noise Zone Map specifies the subtraction of 5 dB for weekends and holidays. The noise levels specified for the zone in which the Toll House Hotel and surrounding properties are located are listed in Table 1. Table 1: Town of Los Gatos Noise Zone Limits Time of Day Ambient Noise Level (dBA) Allowable Weekday Noise Level (dBA) Allowable Weekend/Holiday Noise Level (dBA) 6 am -ipm 52 58 53 1 pm - 10 pm 56 62 57 10pm-6am 51 57 52 We understand that entertainment noise from events would stop at 10 pm. Therefore, the allowable noise limits vary between 57 and 62 dBA, depending on the day of the week. EXHIBIT 1 0 Toll House Hotel Entertainment Noise Assessment Acoustics Audiovisual Telecommunications Security 130 Suttor Sheet Floor 5 Son Francisco, CA 94104 t 415.3970442 F 4I5.397.0454 wwwcrosaller.co'n 4 October 2016 ENTERTAINMENT NOISE Page 2 We visited the site to measure entertainment noise on 27 September 2016. One DJ was setup on the north end of the courtyard with two speakers facing south (i.e., inwards towards the hotel). One noise monitor remained stationary in the courtyard of the hotel at a prospective location for a future permanent noise monitor (C1). Spot measurements were taken at surrounding locations, including the properties of concerned residents (L1-10). The nearest residential property line ls shown as location L6. The time periods of the spot measurements were synchronized with the stationary noise monitor to determine the amount of noise reduction at each receiver location. Table 2 shows the measured noise levels at each receiver location. The source (courtyard) noise level varies as different types of music were played. See Figure 1 for measurement locations. Table 2: Measured Entertainment Noise at Nearby Receiver Locations Receiver Location Courtyard Noise Level (C1) (dBA) Receiver Noise Level (L1-10) (dBA) Attenuation (dBA) L1 69 53 16 L2 69 48 21 L3 72 47 25 L4 65 44 21 L5 70 54 16 L6 67 53 14 L7 72 57 15 L8 73 61 12 L9 70 47 23 L10 72 49 23 An additional measurement was made near the center of the courtyard, iabeied C2 in Figure 1, and may offer an alternative future noise monitoring location for the owners. This measurement shows that simultaneous noise levels at C2 are 8 dB higher than at location C1. The amount of attenuation at each receiver location should remain constant. The receiver noise level at each location is directly proportional to the courtyard noise level. ANALYSIS As shown in Table 2, all of the measured entertainment noise levels meet the allowable weekday Noise Zone Limits from 1 pm to 10 pm (i.e., 62 dBA). We understand the hotel will monitor noise levels during events and adjust the volume as needed so as not to exceed the Town Noise Zone Limits. Chores M. Salter ASSOCIATES INC. Toll House Hotel Entertainment Noise Assessment 4 October2016 Page 3 Therefore, the entertainment noise may operate as high as 74 dBA at the C1 meter location (or 82 dBA at the C2 location) while meeting the Noise Zone Limits at the most noise -sensitive location (L8). However, with the subtraction of 5 dB for weekends and holidays, as stated in the Town of Los Gatos Noise Zone Limits, events occurring from 1 pm to 10 pm on weekends and holidays should operate at a maximum level of 69 dBA at the CI location (or 77 dBA at the C2 location) to meet the required Noise Zone Limits. If events are scheduled to occur outside of the 1 pm to 10 pm time frame on either weekdays or weekends/holidays, entertainment noise levels should be adjusted accordingly, as shown in Table 3. Table 3: Allowable Entertainment Noise Levels at Location CI Time of Day 6 am — 1 pm 1 pm 10 pm l0pm--6am Weekday Noise Level at C1 (dBA) Weekend/Holiday Noise Level at Cl (dBA) 70 65 74 69 69 64 This concludes our entertainment noise assessment for the Toll House Hotel project. If you have any questions or comments, please give us a call. Sincerely, CHARLES M. SALTER ASSOCIATES, INC. Blake M. Wells, LEED(5) Green Associate Alexander Salter, PE Consultant Acoustics Audiovisual Telecommunications Security 130 Surtor Shoot F'ocr 5 San Francisco CA 94104 T 415.397.0442 F 415.397.0454 www.crrualter.corn Principal Consultant 7.111 Charles M. Salter ASSOCIATES INC. h 3 P. vik a 0 0 a 6 oluao}OO ooelauoJ.j uoS /994S JOWIS OEt 1 i adleIrld 'i6 t43Z+7�Ei1-1u CHARLES M. SALTER ASSOCIATES, INC. FOR ACOLIS11CAL DESIGN INFORMA11ON ONLY TOLL HOUSE HOTEL ENTERTAINMENT NOISE MEASUREMENT LOCATIONS FIGURE 1 SAS, TER 16-0588 BMW/AKS 10.04.16 9/19/16 Hello Neighbors, T�� 1�I I) 6t 1 wanted to take a moment to connect atter attending the planning commission meeting on September 15th, 2016. We gained some valuable information regarding the modification of our Conditional Use Permit and I wanted to thank everyone for taking the time to share their thoughts. First and foremost, allow me to apologize for any lack of outreach. We clearly miss judged the magnitude of past concerns and the previous owner's lack of reaction to them. For that, 1 am truly sorry, and I hope you will accept my apology as it is intended. I am typically on property five days a week, and would like to extend an open invitation to any and every one to come by and meet with me "offline" to share any concerns you might have that did not get brought up on the 15th. We were asked by the planning commission to conduct a sound study so that we may all understand the impact of amplifiedentertainment in our courtyard. By conducting this study, our goal is, and will continue to be, to be respectful neighbors and good stewards in our community. At the recommendation of the commission, we have sourced a reputable third party, certified sound. engineering company and will be conducting ambient sound tests beginning on Friday, September 23rd, with decibel tests the following week. At this point, we are not only inviting our neighbors to join us, but highly encouraging your participation. We are happy to have this company complete testing specifically at your residence. If you would like to have these readings conducted beginning Friday, please contact me directly at the number/email below. Again, we would love to have your input as we look for a solution that will allow us to continue to live in harmony together. Finally, hopefully you have, or will receive shortly an invitation to join us for a get together and open house on the evening of October 6th. I hope you will seriously consider attending. If so, RSVP information is located on the bottom of the invitation. We look forward to sharing the results of the decibel test, as well as welcoming everyone to our "home" so that we may get re -acquainted. With Hospitality, ason C. Bogan Hotel Manager, Toll House Hotel T: 408-395-7070, Direct: 408-884-1111 E: Jason. Bogan@metwestterra.com tolihousehoteLcom 140 South Santa Cruz Avenue Los Gatos, California 95030 I T408.395.7070 I I' 408.395.3730 emcr*e,tj b GE,T' IIAC )UAIJNiTflY WHIM AN �ALD) MEND 192OS STYLE GIN & JAZZ SOCIAL EVENT 1920'S ENCOURAGED pCTOBER TOLL HOUSE HOTEL. 140 SOUTH SANTA CRUZ AVENUE LOS GATOS, CA 95030 ENJOY COMPLIMENTARY COCKTAILS & BITES PROVIDED BY VERGE RAFFLE PRIZES PLEASE RSVP TO TOLLHOUSEHOTEL.APP.RSVPlFY.COM \\111 \\�Il� ' 7 yr-‘\ it wry vey yin vy yr PLANNING COMMISSION — September 14, 2016 DRAFT MODIFIED CONDITIONS OF APPROVAL: 140 S. Santa Cruz Avenue Conditional Use Permit Application U-16-005 Requesting a modification to an existing Conditional Use Permit to allow entertainment before 10:00 p.m. on property zoned C-2:PD. APNs 510-45-064 and -065. PROPERTY OWNER: Michael Mohr — Coo MetWest Properties, LLC APPLICANT: LG Hotel LLC D.B.A. Toll House 1. ALCOHOLIC BEVERAGES: So long as this establishment serves alcoholic beverages it shall be subject to the following: A. Uniformed privately provided security guards may be required in or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner. B. At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department for on -going employee training on alcoholic beverage service to the general public. C. This establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. D. The licensed operator shall have and shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. E. Taxicab telephone numbers shall be posted in a visible location. 2. TOTAL SEATING. Total seating shall not exceed 130. 3. OUTDOOR SEATING. Outdoor seating shall not exceed 36. 4. ALCOHOLIC BEVERAGES. Alcoholic beverages may be served. 5. OUTDOOR SEATING USE. The outdoor seating shall not be used for banquet, reception or conference purposes. 6. OUTDOOR MEAL SERVICE HOURS. Meal service outdoors shall be limited from 7:00 a.m. to 10:00 p.m. 7. ENTERTAINMENT. No music, entertainment or amplified sound shall be allowed in the courtyard. 7. ENTERTAINMENT. Entertainment before 10:00 p.m. in conformance with the Town Policy Regulating Late Night Entertainment is allowed. Noise levels during entertainment shall be monitored at location Cl or C2 according to the Entertainment Noise Assessment, dated October 2016, completed by Charles M. Salter Associates Inc.., so as not to exceed the Town Noise Zone limits. N:IDEVICONDITIONSIS. Santa Cruz 140 CUP Mod.DOC This Page Intentionally Left Blank From: Robert Macartney [mailto:macx137Ca�comcast.net] Sent: Saturday, September 24, 2016 10:22 AM To: Planning Subject: Toll House sound study and Commissioner Burch Dear Commissioner Burch; You are quoted in the September 23 Los Gatos Weekly Times as saying with regard to the upcoming Toll House sound study: "1 can reassure everybody that there is going to be a center point and then they go out [and measure] in a radius. If it's 75 decibels at 25 feet from the source it's going to be "X" at 200 feet from the source.". The situation you describe can only be relied upon in a controlled laboratory environment. Sound behaves as a wave and like light can be absorbed, reflected, and bent by obstacles it encounters. It is possible that the environment of the Toll House courtyard could result in a very low measurement at the center of Broadway across from a home and a much stronger level in the yard of the home even though the yard might be_a..greater distance from_the source. Such effects have been noticed in -relation to the sound walls placed along freeways. I would not be surprised by such results. We live on Broadway and sounds in our yard are often louder than we would expect and seem to come from directions different from what we know to be the actual origin. As to the sound itself, it seems to me that sounds associated with a chamber music concert are considerably different from those of a wedding even if the decibel level is the same. Nevertheless, the sound study is important. Perhaps the results will obediently follow an inverse square law but it's tricky to predict the results ofa complex situation ahead of actual measurement. Thank you. Sincerely, Robert B. Macartney 65 Broadway Los Gatos, CA 95030 408-355-4061 This Page Intentionally Left Blank