Attachment 01TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: September 14, 2016
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
APPLICATION
SUMMARY:
Sally Zarnowitz
szarnowitz( )1osgatosca ;ov
Conditional Use Permit Application U-16-005
ITEM NO: 5
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-ID:LHP
East
Commercial
Central Business District
C-2
South
Commercial
Central Business District
C-2
West
Residential
Medium Density Residential
R:PD and
R- I 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 1
Planning Commission Staff Report - Page 2
140 S. Santa Cruz Avenue/U-16-005
September 14, 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: 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
BACKGROUND:
The applicant is requesting a modification to the existing Conditional Use Permit (CUP) for the
restaurant (Verge) at the hotel (Toll House) (Exhibit 4). The restaurant includes outdoor dining
until 10:00 p.m. on the patio, overlooking the hotel's central outdoor courtyard. The applicant is
requesting the following:
• Removal of the condition in the existing CUP, which prohibits music, entertainment, or
amplified sound on the courtyard; and
• Addition of a condition stating that entertainment before 10:00 p.m. in conformance with
the Town Policy Regulating Late Night Entertainment is allowed.
Late Night Entertainment Policy
At a series of Study Sessions in late 2015, the Council received public testimony regarding
alcohol beverage service and entertainment, directed staff to explore and bring back a variety of
economic vitality and business related topics including a framework for an ordinance or
operational permit for alcohol and entertainment.
Planning Commission Staff Report - Page 3
140 S. Santa Cruz Avenue/U-16-005
September 14, 2016
The Policy Committee reviewed the work completed over the last several years for alcohol and
entertainment, noting that the complexity that continues to arise during these discussions is due
to the difference between issues associated with alcoholic beverage consumption versus those
regarding entertainment. As a result, the Policy Committee recommended that the two topics be
separated and that the Council consider only a policy on entertainment.
In June of 2016, the Town Council adopted, at the recommendation of the Policy Committee, a
Late Night Entertainment Policy allowing entertainment complying with the currently adopted
noise ordinance by right before 10:00 p.m., and allowance for late night entertainment after
10:00 p.m. with the approval of a separate Late Night Entertainment permit. This action is
consistent with the Town Council's adopted Strategic Priority to strengthen the Town's
economic vitality and provide businesses with greater opportunity for customer attraction and
retention.
Those establishments with existing CUPs that do not have conditions specifically allowing
entertainment fall into three categories: those with a CUP that is silent on entertainment; those
with a CUP that states they must comply with the Town's provisions on entertainment; and those
with a CUP that denies the ability to have entertainment and/or amplified sound. For the first
two categories of CUPs, the businesses are able to observe the new regulations with the adoption
of the proposed policy. Businesses that are not allowed to have live entertainment and/or
amplified sound, such as the subject restaurant, are required to submit applications for
modification to their existing CUPs.
The Policy specifically states that an application to amend an existing CUP for the express
purpose of adding permitted entertainment will not open the remainder of the CUP to
amendment or alteration unless specifically requested by the applicant. In this case, the applicant
is not requesting any amendment beyond removal of the condition prohibiting entertainment on
the courtyard and addition of a condition allowing entertainment before 10:00 p.m. in
conformance with the Town Policy Regulating Late Night Entertainment.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project is located at 140 S. Santa Cruz Avenue, on the west side of S. Santa Cruz
Avenue, one lot north of Wood Road. Residential and commercial uses border the property
to the north; and commercial uses border the property to the south, east, and west.
B. Conditional Use Permit
The restaurant is open seven days a week, with outdoor dining allowed until 10:00 p.m.
consistent with the existing CUP (Exhibit 4). The applicant provided a letter of justification
describing the proposal which includes music at reasonable volume (Exhibit 5), and is
Planning Commission Staff Report - Page 4
140 S. Santa Cruz Avenue/U-16-005
September 14, 2016
requesting modifications to the existing CUP in the form of removal of a condition
prohibiting music, entertainment, or amplified sound on the courtyard. The following
represents the proposed modifications:
Existing Condition of Approval
No music, entertainment or amplified sound shall be allowed in the courtyard.
Proposed Condition of Approval
Entertainment before 10:00 p.m. in conformance with the Town Policy Regulating
Late Night Entertainment is allowed.
C. Zoning Compliance
The existing restaurant is allowed in the existing zoning district, in conformance with the
conditions of the existing Conditional Use Permit.
ANALYSIS:
A. Conditional Use Permit Findings
In order to grant approval of a modification to an existing CUP, the deciding body must
make the following findings:
(1)
(2)
(3)
(4)
The proposed use of the property is essential or desirable to the public convenience or
welfare; and
The proposed use would not impair the integrity and character of the zone; and
The proposed use would not be detrimental to public health, safety or general welfare;
and
The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
In regards to the first finding, the proposed modification is desirable to public convenience
because it allows entertainment before 10:00 p.m. for the restaurant patrons. As required
by finding two, the proposed modification would not impair the integrity of the zone,
because the proposed use is a commercial use and is located in a commercial zone. In
regards to the third finding, the modification would not be detrimental to public health,
safety or general welfare, in that the modification would comply with the Town's
Entertainment Policy which allows entertainment that complies with the currently adopted
noise ordinance by right before 10:00 p.m. In regards to the final finding, the proposed use
is in harmony with the General Plan, and Town Code.
Planning Commission Staff Report - Page 5
140 S. Santa Cruz Avenue/U-16-005
September 14, 2016
B. General Plan
The goals and policies of the 2020 General Plan applicable to this project include, but are
not limited to:
• Policy LU-9.2 — Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
commercial centers to meet the shopping needs of residents and preserve the small-
town atmosphere.
• Policy LU-9.6 — Encourage development that maintains and expands resident -oriented
services and/or creates employment opportunities for local residents consistent with
overall land use policies of the Town.
• Goal LU-10 — To preserve Downtown Los Gatos as the historic center of the Town
with goods and services for local residents while maintaining the existing Town
identity, environment, and commercial vitality.
C. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental 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.
PUBLIC COMMENTS:
Public comment received prior to 11:00 a.m. on September 8, 2016 is included in Exhibit 8.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The Town Council adopted the Town Policy Regulating Late Night Entertainment in 2016
which allows entertainment by right before 10:00 p.m. and the applicant's request is
consistent with the adopted policy.
B. Recommendation
Based on the analysis above, staff recommends approval of the requested modification to
the existing CUP application. If the Planning Commission finds merit with the proposed
modification, it should take the following actions to recommend approval of CUP
application U-16-005 to the Town Council.
Planning Commission Staff Report - Page 6
140 S. Santa Cruz Avenue/U-16-005
September 14, 2016
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.
c i
Prepared by:
Sally Zarnowitz, AIA
Planning Manager
JP:SZ:cg
✓ /
/ Ci
pproved by:
/Joel Paulson, AICP
Community Development Director
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:\DEV\PC REPORTS\2016\SSC 140.docx
140 S. Santa Cruz Avenue
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PLANNING COMMISSION —September 14, 2016
REQUIRED FINDINGS FOR MODIFICATIONS TO CONDITIONAL USE PERMIT:
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
FINDINGS:
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare because it allows entertainment before 10:00 p.m. for the restaurant patrons; and
(2) The proposed use will not impair the integrity and character of the zone because it is a
commercial use and is located in a commercial zone; and
(3) The proposed use would not be detrimental to public health, safety, or general welfare, in
that it would comply with the Town's Late Night Entertainment Policy which allows
entertainment that complies with the currently adopted noise ordinance by right before
10:00 p.m.; and
(4) The proposed use of the property is in harmony with the various elements or objectives of
the General Plan and Town Code.
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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.rn.
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.
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ot,WiTal:ry!i , 411
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CONDITIONAL USE
• •-lasc,kiattkoce,
u-94-16 • •
Ori February 22, 1994 the Los Gatos Town Council adoptid'ihe
an ordinance requiring all restaurants and bars to be in ceinphaziee or& . •
.„
.Alcoholic Beverage Policy . In audit ion tr.i
effective on February 22, 1995.
This permit issued toThe Toil House Hotel Restaurant at 140 S, Santa Cruz Avenue allows
operation or your establishment subject to the following comitionc
So long as this establishment serves alcoholic beverages it shall be subject to the
following:
• Uniformed privately provided sectiritygualAs irtayjae zetiiiired •In.or
arounnl tijepOiniseibyithe ChiefnfPolice"-.CffilePliii(relitaiiiiroblims
recur that are not resolved by he ikensed owner
At the 41seret09.4 the chief pf Patise, OgriPdic .All..ba
'crincleeteil*th,.retreSentalIVOI:riiP'Itie.;k4iLePepprtment.far:On.
going employee training on alctiliOlie'lieVertile'ier4;lettiliegti'eril
public. "
This establishment shallasse an ent011iltkr,ltifijng
addresses alcoholic boierage serviceconilitint witWthe'stanidards of
the California Restaurant Association.
The licensed operator shall have and shall actAyely prem0e,,a
designated driver program such as constilimiiitary noiAlcoholic
beverages for designated drivers,
e Taxicab telephone numbers shall be posted in a visible location.
Total seating shall not exceed 110.
Outdoor seating shall not exceed 36.
Alcoholic beverages may be served
EXHIBIT 4
It
TOId HOUSE
RECEIVED
SEP - 8 2016
TOWN OF LCS GATOS
6/30/16 PLANNING DIV1S'OW
Ladies and Gentlemen of the Town Council and Planning Commission,
am writing you today to ask for a modification to our Conditional Use Permit for the Restaurant at the
Toll House Hotel. As I understand it, this process was.started under previous ownership, but then
abandoned before ratified at the decision of the property owner at the time. LG Hotel LLC, d.b.a. Toll
House Hotel has owned the property since early 2012, and I have been the Hotel Manager here since
June of 2014,
Prior to 2012, The Toll House hosted 15-20 weddings on site. Post 2012, our number has dwindled to 5-
7 per year. Most, if not all of the wedding and social event inquiries we receive request light
background music, a harpist during a ceremony, or reception for example. Toll House would like to be
able to honor these requests, rather than lose the business to competing venues. Music and amplified
sound are necessary when giving graduation speeches, wedding introductions and toasts, addresses at
corporate retreats, etc. In addition, music adds a life and vibrancy to a Sunday Brunch or Happy Hour.
We are committed to the continued revitalization of the Toll House. Our restaurant, Verge, has recently
undergone an expansive floor to ceiling renovation, and our courtyard received a full makeover earlier
this year. The attached photos depict many of our upgrades and redesigned courtyard features such as
living plant walls, renovated fountain, sun shades and curtains. Many of these elements were added to
offer additional sound dampening and soft surfaces for noise absorption.
Verge, the restaurant at the Toll House, serves breakfast and dinner 7 days a week, with dinner service
ending at 10pm nightly. Our outdoor dining and service never extends beyond lop, thus any outdoor
entertainment would not extend beyond that hour. Currently Verge has 90 seats inside. In addition we
have 16 seats (four tables) on our upper patio used for a la carte restaurant seating only. Total seating
for the restaurant is currently 106. The square footage of the restaurant patio does not allow for more
than 20 diners.
Our singular goal is to do our best for every guest every day, delivering on a promise of a warm and
welcoming environment for our guests to enjoy. Because of this goal, and who we are as a company,
any entertainment that is provided will be of good taste, at a reasonable volume, and will be added to
enhance the overall customer experience.
Toll House would like to be able to further cater to our guests who are already utilizing our outdoor
space. We would like to provide another reason for our corporate guests to stay and have dinner with
lollhonseholel.com
140 South Santa Cruz Avenue j Los Gatos, California 95030 I T 440.395.?0?0 I F 408.395.3730
OIJAIOIIsE
us, or our social guest to book rooms with us. In addition to our physical neighbors, with 115 guest
rooms adjacent to our outdoor space, we have 115 potential "neighbors" that stay with us every night.
We wish to provide something that is complimentary to the environment we have created, not detract
from it.
We are asking that we are able to compete on a level playing field with the other businesses in town.
On June 21st, Los Gatos Town Council adopted an entertainment policy that allowed businesses in Los
Gatos to have live music and amplified sound until lOpm, and the ability to request a modification of
any condition within their permit prohibiting entertainment. This is a desirable use of our property and
certainly will not impair the integrity and character of the zone. Our location, at the end of S. Santa
Cruz Ave. is in the Core Downtown/Central Business District which attracts visitors and residents alike to
enjoy shopping, dining, entertainment, and all of the wonderful things that Los Gatos is known for.,
We request that our current condition related to entertainment be modified to allow entertainment in
our courtyard.
In closing, this CUP was most recently modified in early 1994, a different time in Town, with different
owners of the hotel. As we look to stay relevant and solvent as a property and as small part of the
community that we love to serve, the ability to offer entertainment options to our guests is paramount.
We look forward to an affirmative reply as soon as possible. Thank you in advance for your
consideration.
With Hospitality,
Jason C. Bogan
tollhouseholel.com
140 South Santa Cruz Avenue Los Gatos, California 950301 T 400.395AM
F 400.395.3730
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LOS GATOS
COUNCL-.POLI.CY -MANUAL
••• •••',;
Title: Policy Regulating Late Night Entertainment Policy Number 1-03
Effective Date: 6/22/16
Enabling Actions:
Revised Date:
Pages: 2
Approved:
PURPOSE
Entertainment contributes to Los Gatosvibrancy and adds to the richness of events and
gatherings. and shall not be regulated other than by Town Code. However, entertainment
occurring after 10 p.m. claw night entertainment-) can compromise the quality of life for Town
residents. Therefore, this policy has been created to establish a permitting process and
regulations for late night entertainment.
For the purposes of this policy, entertainment means any activity conducted for the primary
purpose of diverting or entertaining persons in a premises open to the general public. Such
entertainment may include, hut shall not he limited to, live musical performances, instrumental
or vocal. dance acts, concerts, live shows. amplified music or sound, dancing. DJ, karaoke, jam
sessions, and/or other similar activities.
Late night entertainment is a discretionary privilege and is not to be construed to be a. right of
development nor run with the land. The following provisions are intended to maintain and
enhance the continuing vibrancy and viability of the Town's public and commercial centers while
providing reasonable protections to residential neighborhoods in close proximity to those areas.
POLICY AND PROCEDURES
1. Review Processes for Establishments with Late Night Entertainment
A late night entertainment permit shall be issued be the. Town Manager, The Town
Manager may refer any application for a permit to the Development Review Committee
for its consideration and determination. which ma} be appealed to Planning Commission
and Town Council. The Town Manager or other deciding body retains the right of
approval or denial of each application based on its merits.
2. In determining whether to approve or deny an application for a late night entertainment
permit. the following factors will be considered:
a. The proposed use of the property is essential or desirable to the public
convenience or welfare;
b. The proposed use will not impair the integrity and character of the zone;
Title: Policy Regulating Late Night Entertainment
Page:
2 of 2
Policy Number:
1-03
The proposed use would not be detrimental to public health, safety or
general welfare: and
d. The proposed use of the property is in harmony with the applicable
guidelines, zoning ordinances, and/or provisions of the general plan.
3. An application and permit for late night entertainment shall be subject to all
applicable requirements of the Town Code. and any permit issued pursuant to this
policy shall include the following conditions:
a.
The applicant shall be responsible for ensuring that noise resulting from
the entertainment meets all applicable provisions of the Town's noise
ordinance. If noise complaints are received by Town Staff, the Town
reserves the right to require the applicant;permittee to hire a consultant to
monitor noise levels to ensure that noise levels are within the parameters
established by Town Code for the zone in which entertainment is
occurring.
b. Security measures, which may include the requirement that the applicant
employ private security personnel, shall be undertaken and established in
and around the entertainment venue to deter unlawful conduct or
disturbance to adjacent residential neighborhoods.
c. Additional appropriate conditions may be included in any permit as may
be determined necessary to protect the public health, safety or general
welfare.
4. Any venue with a Conditional Use Permit (CUP) that expressly prohibits entertainment
will be required to obtain an amendment to its CUP in order to offer entertainment
pursuant to this policy. An applicant's request to amend an existing CUP for the express
purpose of adding permitted entertainment will not open the remainder of the CUP to
amendment or alteration unless specifically requested by the applicant.
5. Any permit issued pursuant to this policy may be suspended, modified or revoked by the
body that approved the permit following a public hearing if it is determined that sufficient
evidence exists that the permitted entertainment is operating, or has operated. in a manner
inconsistent with the requirements of its permit, or in a manner that constitutes a public
nuisance.
APPROVED AS TO FORM:
Robert Schultz, Town Arney
MEETING DATE: 06/21/16
ITEM NO. 19
COUNCIL AGENDA REPORT
DATE: JUNE 13, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S
RECOMMENDATION FOR AN ENTERTAINMENT POLICY ALLOWING
ENTERTAINMENT BY RIGHT BEFORE 10:00 P.M. GIVEN COMPLIANCE
WITH THE CURRENTLY ADOPTED NOISE ORDINANCE IS MET AND
ALLOWANCE FOR LATE NIGHT ENTERTAINMENT AFTER 10:00 P.M.
WITH AN APPROVED PERMIT,
RECOMMENDATION:
Discuss and adopt the Policy Committee's recommendation for an Entertainment Policy
allowing Entertainment by right before 10:00 p.m. given compliance with the currently adopted
noise ordinance is met and allowance for late night entertainment after 10:00 p.m. with an
approved permit.
BACKGROUND:
On October 6, 2015, the Council received public testimony at a Study Session regarding alcohol
beverage service and entertainment, and continued the item to a Study Session on November 3,
2015 to discuss next steps. At that meeting, Town Council directed staff to explore and bring
back a variety of economic vitality and business related topics including framework for an
ordinance or operational permit for alcohol and entertainment.
The Policy Committee began to review and explore the work that has been completed over the
last several years for alcohol and entertainment, noting that the complexity that continues to arise
during these discussions is due to the difference between issues associated with alcoholic
beverage consumption versus those regarding entertainment. As a result, the Policy Committee
is recommending that the two topics be separated and that the Council consider only a policy on
entertainment at this time (Attachment 1).
PREPARED BY: MONICA RENN
Economic Vitality Manager
Reviewed by:
Assistant Town Manager Town Attorney Finance
S:\COUNCIL REPORTS120I6106-21-161Entertainment Policy\Staff Report - Entertainment Policy PINAL.tlocx
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MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
DISCUSSION:
Entertainment is often desired by restaurants, cafes, retailers, and other merchants as an
enhancement of the environment for their patrons while within the confines of their location.
When responsibly executed, entertainment may provide merchants with the opportunity to attract
customers, create a more desirable experience, build return customer base, and market the
products and services provided. Especially in the setting of downtown or shopping centers,
entertainment can provide a draw for customers who then park once and patronize multiple
merchant locations.
Staff commonly receives requests from merchants for the ability to provide entertainment
including poetry readings; open microphone nights; live music for brunch and/or evening dinner
service; and grand openings or anniversary sales. The merchants have requested entertainment
to occur during the businesses' normal operating hours and within the confines of their merchant
location. Given that these requests are not directly associated with alcohol beverage
consumption, staff concurs with the Policy Committee's recommendation to separately regulate
entertainment and alcohol beverage consumption, and adopt a policy addressing entertainment at
this time to allow businesses to enhance their operations during the upcoming summer and
subsequent warmer weather months. This action is consistent with the Town Council's
previously adopted Strategic Priority to strengthen the Town's economic vitality and providing
businesses with greater opportunity for customer attraction and retention.
For the purpose of this report and the proposed policy, entertainment is defined as follows:
Entertainment means any activity conducted for the primary purpose of diverting or
entertaining persons in a premises open to the general public. Such entertainment
may include, but shall not be limited to, live musical performances, instrumental or
vocal, dance acts, concerts, live shows, amplified music or sound, dancing, DJ,
karaoke, jam sessions, and/or other similar activities.
In addition, this proposed policy also identifies any entertainment occurring after 10:00 p.m.
as late night entertainment, and describes it as a discretionary privilege and is not to be
construed to be a right of development nor run with the land.
The Policy Committee recommends that the Town Council to adopt a policy that is simple for
businesses and staff to implement, monitor, and enforce. In the attached draft policy,
entertainment that is in compliance with the currently adopted noise ordinance defined in Section
16.20.25 of the Town Code regulating Commercial and Industrial zones would be allowed by
right before 10:00 p.m. (Attachment 2). Any establishment intending to have any entertainment
or amplified noise after 10:00 p.m. would be required to obtain an entertainment permit as
outlined in Attachment I.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
DISCUSSION (Continued):
With the recommended separation of entertainment from late night entertainment, the Policy
Committee discussed how these regulations could be implemented and enforced as they relate to
the following:
Existing Conditional Use Permits (CUPs)
Those establishments with existing CUPs that do not have conditions specifically
allowing entertainment fall into three categories: those with a CUP that is silent on
entertainment; those with a CUP that states they must comply with the Town's provisions
on entertainment; and those with a CUP that denies the ability to have entertainment
and/or amplified sound.
For the first two categories of CUPS, the businesses would be able to observe the new
regulations upon the adoption of the proposed policy. In contrast, the last category, those
with disallowances of live entertainment and/or amplified sound would need to come
through the public process for a CUP modification.
The Council may elect to direct staff to allow such businesses to do one or both of the
following:
• Offer businesses the option to modify their CUPs as a group, which would allow
them to be heard with other businesses, reducing the processing time and cost.
• Offer businesses wishing to modify this condition, the opportunity to have only
the condition pertaining to entertainment and/or amplified sound considered and
not open their entire CUP for review or modification.
The deciding body for the modification would be the same as what was required for the
original CUP approval (i.e., establishments with alcohol would require a Town Council
hearing for consideration and approval of a CUP modification while minor restaurants
may be heard at either the Development Review Committee or Planning Commission
levels).
Late Night Entertainment Permit
When considering a late night entertainment permit for businesses, Section I of the
attached draft policy outlines the review process. The Policy Committee recommends
that the Development Review Committee be the deciding body for late night
entertainment permits with appeal rights to the Planning Commission and Town Council.
If it is the desire of the Council, an alternative approving body could be identified such as
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
DISCUSSION (Continued):
the Planning Commission. Fees for tis process would be the same as any application that
is heard at these levels. The DRC application is currently $3,982.23, the Planning
Commission application fee is $6,545.46
Permit Review and Renewal
The Policy Committee and staff recommend that any late night entertainment permit
expire immediately upon the change of ownership and not run with the land as CUPs do.
The Council may also elect to include a mandatory review cycle or renewal period for
each late night entertainment permit issued. Review and renewal could be processed at a
staff level with Town Manager approval for applications without code compliance
complaints on file.
Enforcement
With both entertainment and late night entertainment, the Code Compliance Division
and/or the Police Department would follow up on concerns and investigate possible
violations. Multiple founded violations could result in suspension or revocation of a late
night entertainment permit, and/or review and possible revocation of the establishment's
CUP.
CONCLUSION/NEXT STEPS:
The Council is asked to discuss and adopt the Policy Committee's recommendation for an
Entertainment Policy allowing entertainment by right before 10:00 p.m. given compliance with
the currently adopted noise ordinance is met, and allowance for late night entertainment after
10:00 p.m. with an approved permit.
Should the Town Council choose to adopt the attached draft policy as written, or with
modifications, consideration and direction should also be given on the following:
• The allowance for multiple CUP modifications to be brought forward to the deciding
bodies together, rather than each business being required to file separately. Businesses
would still have the option to file separately, and in both instances, provide direction that
businesses may have only the condition pertaining to entertainment reviewed and
modified.
• The review and renewal periods for late night entertainment permits including the
deciding body for initial approval and review/renewal cycles.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
COORDINATION:
This report was coordinated with the Town Attorney's and Town Manager's Offices and the
Community Development Department.
ENVIRONMENTAL ASSESSMENT:
The adoption of the proposed policy is not a project under the California Environmental Quality
Act.
Attachments:
I . Draft Entertainment Policy
2. Section 16.20.025 of the Town Code pertaining to noise in Commercial and Industrial
zones.
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Intentionally
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Sally Zarnowitz
From: Patti & Tim Perry <Perry@37Broadway.com>
Sent: Sunday, September 04, 2016 8:26 AM
To: Sally Zarnowitz
Subject: Toll House Live Entertainment
Sally,
My wife Patricia and I both support the Toll House request for a modification to their CUP that will allow Live
Entertainment.
We live directly behind the Toll House at 37 Broadway and enjoyed the live entertainment in their courtyard in years
past.
We understand that many of our neighbors are opposed to live music downtown, however we feel that live music helps
make Downtown Los Gatos a place to be happy and have fun.
We wish to see our Downtown businesses thrive and feel this CUP modification will be a benefit for the Toll House and
our Downtown.
We will be away on vacation on 9/14 and therefore unable to attend that hearing.
We hope that our support for Live Entertainment will be noted.
Thank you,
Tim and Patricia Perry
37 Broadway
Los Gatos, CA
i
EXHIBIT 8
Sally Zarnowitz
From: MikeV <mikeverga@yahoo.com>
Sent: Tuesday, September 06, 2016 3:51 PM
To: Sally Zarnowitz; BSpector; Marico Sayoc; Marcia Jensen; Steven Leonardis; Rob Rennie
Subject: TollHouse
Hi my name is Michael Verga, my wife Gillian and I reside at 46 Broadway Ave Los Gatos.
Back in the summer of 2011, I became aware of the Toll House violating its Conditional Use Permit
by having outdoor music in its courtyard area. (the noise could be heard all over the neighborhood).
The Toll House was requesting a change to its CUP, to allow outdoor entertainment, and that
summer the town permitted it to hold outdoor live entertainment during the review process.
After literally hundreds of e-mails, numerous trips to city hall, numerous council meetings and
collecting signatures from over 60 neighbors, the town denied a change to the CUP and the Toll
House was required to stop holding outdoor entertainment, consistent with the original CUP.
This was a huge relief to the neighborhood, who had spent an entire summer listening to loud,
distorted noise that drifted over the Toll House back wall, that made conversation difficult and
penetrated even closed windows on houses along Broadway.
Now I find the Tollhouse is once again attempting to change the CUP to bring back the noise.
Frankly, I don't feel I should have to fight this fight again. Nothing has changed, the Tollhouse is still
surrounded by residences. The neighbors are still here, we have not left,
The current CUP effective February 22, 1995 reads very clearly, and I quote:
The outdoor seating shall not be used for banquet, reception, or conference purposes.
No music, entertainment, or amplified sound shall be allowed in the courtyard
Outdoor seating shall not exceed 36
The current very specific, and restrictive CUP was put into place specifically to address the fact
that the Tollhouse was surrounded by a neighborhood. The Tollhouse was allowed to build its hotel
and move in only on certain CONDTIONS. That's the whole point of a conditional use permit. They
would not even be there if these very specific conditions were not met.
(I have personal documentation of this as one of our current neighbors, Gail Randolph, was around
when the Tollhouse first attempted to move in to the residential neighborhood.)
Again. nothing has changed. The residential neighborhood is still here.
I urge you to reject this application for change outright!
Thank You
Michael and Gillian Verga
46 Broadway Ave
Los Gatos
i
408 930-2761
FYI
An article in the Patch dated June 25 2011 reads in part:
(you can read the whole article here:
http://losdatos. patch.com/articles/toll-house-hotel-too-loud?ncid=M255)
A group of residents who live near the Toll House Hotel in downtown Los Gatos is opposing its plan
to offer live entertainment in its outdoor courtyard such as weddings and fundraisers.
Hotel representatives appeared before town planners Wednesday evening to seek changes to its so-
called "conditional use permit" to offer such services to its clients.
The Los Gatos Planning Commission continued the Toll House Hotel's application to offer live
entertainment in its outdoor courtyard until Sept. 14. Planners directed hotel representatives to work
and meet with the neighbors to mitigate their concerns and address the noise issue, according to
Planning Manager Sandy Bally.
Residents who live on Broadway, about 350 feet away, are fighting its application saying the noise
generated from the establishment is unbearable. They're also asking town officials to make the hotel
comply with its current permit, which prohibits such entertainment.
On Monday, they expressed their frustration before the Los Gatos Town Council.
Kim Karloff confirmed more than 60 people have signed a petition opposing the hotel's plans. "We're
at our wits' end due to the sound terrorism, drunken persons and titterers we've been subjected to on
Friday nights for the past few years," Karloff said.
Residents can no longer tolerate the hotel's "exceedingly Loud concerts, parties and after -parties,"
Karloff continued.
And despite the neighbors' many complaints, the hotel "is and has been blatantly violating its
conditional use permit."
The hotel has been operating with a permit granted in 1994, which restricts its use of music in the
courtyard.
2
Sally Zarnowitz
From: Mark Regoti <mregoli@southbay.us>
Sent: Tuesday, September 06, 2016 4:41 PM
To: Sally Zarnowitz
Cc: Marico Sayoc
Subject: Toll House Conditional Use Permit Application U-16-005
Sally,
As a neighbor of this applicant, I am reaching out to you to support this Conditional Use
Permit.
This outdoor music was a great event that I enjoyed attending and hearing from my
backyard. It was unfortunate that this ended a few years ago because of a vocal effort by a
few people. The hotel provides a great service to our neighborhood and the town, and should
be supported in the effort to return this program to Los Gatos.
I also believe that the majority of the residents support live music, but do not have the time to
attend every planning meeting. Please support this application, despite the fact there will be a
loud faction at the meeting.
Please let me know if there is anyone else I should reach out to in this process.
Sincerely,
Mark
SOUTH BAY
MARK REGOLI
.1690 Dell Avenue, Campbell, CA. 95008
o 408,796.0044 lc- 408.313.3587
SOUTHBAY.US
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