Loading...
Attachment 06LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Mary Badame, Chair D. Michael Kane, Vice Chair Kendra Burch Charles Erekson Melanie Hanssen Matthew Hudes Tom O’Donnell Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 ATTACHMENT 6 LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR BADAME: Our first public hearing is Item 2, which is 140 South Santa Cruz Avenue, the Toll House Hotel, Conditional Use Permit Application U-16-005, requesting modification to an existing Conditional Use Permit to allow entertainment before 10:00pm on property zoned C-2:PD. May I have a show of hands from Commissioners who have visited the site? Any disclosures from Commissioners? Ms. Zarnowitz, I understand you’re providing us with the Staff Report this evening? SALLY ZARNOWITZ: Yes, thank you. This item was before you in September as a CUP modification, and at that time the Commission directed the Applicant to conduct a noise study at the site to understand the implications of the request for entertainment. That has been conducted; that’s in your Staff Report, and further clarification in an addendum that you also received. This evening we’re asking that the Commission consider the proposed modification in light of everything in the record, including the noise assessment—the Applicant and also the noise consultant are here this evening also to LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answer questions—and then forward recommendations on to Council. Thank you. CHAIR BADAME: Thank you, Ms. Zarnowitz. Questions of Staff? Vice Chair Kane. VICE CHAIR KANE: I just want to clarify, on page 3 of the Staff Report, under Recommendation Item 3 we are referred to Exhibit 3 for the conditions, and I believe that that has been renewed or amended and it is now Exhibit 12. JOEL PAULSON: That’s correct. CHAIR BADAME: Thank you for the clarification. Any further questions? Seeing none, I will open the public testimony portion of the public hearing and allow the Applicant and their team ten minutes to address the Commission. If you could state your name and address at the podium. JIM GERNEY: Thanks. Hi, I’m Jim Gerney; I’m the regional vice president and general manager of the Toll House Hotel. Nice to see you all again, and I just want to say thank you for making us number one on the list; we were number seven last time. At our meeting on September 14th we discussed many items regarding the Conditional Use Permit of our hotel, and really the behavior of our business since we purchased LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in January 2012. I think that that was one of the prevailing discussions, but what really rang home was that the community felt that in the years of 2008 to 2011 the conditional use interpretation had been abused, the Sound Ordinance had been abused, and therefore there should be no flexibility in moving forward of any type of discussion regarding our Conditional Use Permit. Based upon the feedback that came at that meeting, and I see many of those people here, which is great and we want to be open to everybody, but I think we were asked to do a couple of things. We were asked to reach out to the community and make sure that everybody understood what our intentions were, and we were asked to conduct a scientific sound study. We did conduct that scientific sound study with Salter Associates. Alex Salter, one of the principles with Salter Associates is here, and I’m going to ask when the time comes for him to come up and explain that sound study, because the way decibels move, the way that don’t move, and the way they’re interpreted is really kind of above my pay grade, so I’m not going to try to address that. What I really want to address is that our intent is to move forward and create a level playing field with other businesses like ours in our community. I think that LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we are hampered by the inability to have live music outside. We have a courtyard we just spent $2 million on, and we do a lot of things out there and they’re quiet and they’re fine and I get it, but having a reasonable accommodation that meets everybody else’s business interpretation regarding sound and use is something that we’re asking that you consider. When we did the decibel tests in late September, one of the things that we realized was that the movement of decibels happen in different ways depending on what position the sound was, where you were in location to the hotel, and I know that there are lots of opinions on that, and I think that the recommendation of the Planning Commission was let’s put some science to opinion. We believe we did that, we believe that we’re going to explain to you exactly what that science is, and there are still going to be opinions that differ with the science, and I understand that. Our intent is not to create conflict with the community; it’s to create a level playing field. Whether it becomes an issue on whether we have live decibel meters in our place, we make reasonable accommodations; we make some concessions and compromises along the way. That’s fine. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I’m going to cite an example that happened on October 29th. I think you’re all familiar with Next Door. We’re on Next Door, and a Next Door email was blasted on the 29th that the Toll House was at it again. About 20 emails later we responded by saying the police are at the Toll House and all is quiet. There’s an impression that because we have a history of behavior prior to our purchasing the hotel that we automatically become the culprit. On October 29th we believe it was somebody else, and we believe we know who it was, but that’s okay, it’s not our problem. But the reality is that the subjectivity of our business as being an at-risk problem is not reasonable. I think everybody has come up and said since 2012 when we purchased this hotel we have done an admirable job of accommodating that Conditional Use Permit and been completely adhering to it. You know what? Once we move into the sound study, what I’m hoping that we walk away from today, the original recommendation on September 14th was to approve to the Town Council that they approve this recommendation. We walked away with a postponement. I’m going to continue to press that based upon what we’ve done, the behavior that we’ve demonstrated, the outreach we’ve done to the community really suggests that they’re our partners and we’re not LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 intending to create a compromise. I can’t argue with opinions, I can only argue with facts at this point. We have three-and-a-half to four years of ownership of this property. We’ve had a great relationship; we’ve had no issues. We’d like to have a level playing field; we’ve done the homework, and we’ve done the outreach. I believe that based upon the information that exists in Los Gatos we deserve the same fair shake as everybody else. I’d like to move forward into the actual study that was done. Alex Salter, who is with Salter Associates—I believe you have his card up there—I’d like to bring him up. Sally, were you able to put the study on this? I’d like to bring Alex up to talk specifically about what this study shows us, and what it means, so that everybody can look at it and see it the same way. JOEL PAULSON: It’s the PDF in the middle. Just double click it. ALEX SALTER: The best thing to do probably would be to go to the last page for the map. As Jim mentioned, in late September we did a sound study at the hotel where we simulated what an event would be like. They brought some audio equipment into the courtyard, we set it up as it would be during an event, and LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we measured noise levels both in the courtyard and in the surrounding community. This map, figure 1 here shows all the measurement locations. We have the hotel, which is hatched in the middle, C-1 and C-2 being courtyard monitoring locations, and then all of the L locations in the surrounding community. We simultaneously measured noise levels. We have both the source levels of the music that was generated in the courtyard, as well as receiving noise levels in the community, and what we did is we found how does noise attenuate to these various locations? Because obviously music noise will vary, there are certain conditions that can vary noise levels, but we want to know what is the amount of noise reduction we get to each receiver, because that essentially remains constant. The report summarizes that attenuation in addition to the noise levels that we measured. We found that the Town of Los Gatos Noise Ordinance is based on ambient noise levels that are established in the Town’s Noise Zone Map, and you are allowed to exceed that by a certain amount of about 5 dB. There’s also a penalty for weekend noise, so it needs to be quieter on the weekends. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We found that it would be achievable to meet this Noise Ordinance while having music in the courtyard, and as Jim mentioned, they want to be upstanding citizens in the community. We’ve discussed monitoring during these events so that they’ll know what the noise level that they’re generating is. We established limits in here based on our measurements of what they should be staying at, and so they’ll be able to look at that, understand are they getting close to the threshold because there’s some louder music or someone else turns it up, so they’ll be able to monitor that and adjust as necessary. I think that they have also been willing—and obviously monitor resources like Next Door that they receive some sort of information—that there will be someone onsite that is able to access that information and turn the noise levels down, adjust as needed, and that’s essentially the summary of what we did. CHAIR BADAME: Would you like to talk a little bit longer? Is the time up, Joel? No, time is not up. You still have time. ALEX SALTER: I think that’s about it. I’ll take questions I guess later on, or if anyone wants to clarify anything. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: I’ll start with Commissioner O'Donnell. COMMISSIONER O'DONNELL: I’m looking at your report of October 4th, to which this may be attached, and on page 2 of that you put the measured entertainment noise and nearby receiver locations, and three of those noise levels in the third column to the right… Are you there yet? I don’t want to go too fast. Pardon me? Well, we’ve all got this, but do you have it before you? ALEX SALTER: Yeah, I have it in front of me. COMMISSIONER O'DONNELL: Okay. Perhaps if we could show that, then other people could see it too. But anyway, while she’s doing that I’ll just ask; my questions are very simple. The location L1 shows a 53 dBA, L5 shows a 54 dBA, L7 a 57 dBA, and L8, and I picked out those because if I understand it correctly, if you turn to page 3, second paragraph, it says, “However, with the subtraction of 5 dB for weekends and holidays, events occurring from 1:00pm to 10:00pm on weekends and holidays should operate at a maximum level of 69 dBA for C1,” blah, blah, blah. It looks like, and maybe I’m misreading this, so you’re indicating the maximum level at 1:00pm to 10:00pm is LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 dBA, but do you subtract 5 from that, or is that with the 5 subtracted? ALEX SALTER: This table is what we measure, and so we see the courtyard noise level in the first column, receiver noise level in the second column. All of these measures had met the Noise Ordinance for the 1:00pm to 10:00pm weekday condition, but you are correct that there are some that are above the weekend, which is why on page 3, that paragraph that you cited has a lower maximum noise level of 69 dBA. So that would bring those noise levels down within that 5 dB penalty, because if you notice the 57 or the 61, those source noise levels are 72 and 73, so it’s currently operating at a higher level than what it should otherwise be on a weekend condition. CHAIR BADAME: Vice Chair Kane. VICE CHAIR KANE: Can we make that bigger? Can you all see those numbers? Can we enlarge that? CHAIR BADAME: It’s not possible to enlarge it. VICE CHAIR KANE: No? Sorry. COMMISSIONER O'DONNELL: I’m sorry; I was distracted I guess too by that, but could you go over that with me again? You’re saying that some of the numbers are above the weekend code, or not? LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALEX SALTER: Yes. The measures were done at a set noise level, and then we measured at the various receiver locations. There were some adjustments made at certain times, and that’s why we documented the courtyard noise level, our source noise level. This table, more than anything, is indicating the attenuation between the courtyard, the hotel source essentially, and the receiver locations. COMMISSIONER O'DONNELL: That’s Table 2? ALEX SALTER: Table 2. COMMISSIONER O'DONNELL: Okay. ALEX SALTER: So if you look at the courtyard noise, let’s look at column 1, let’s look at L8, the highest noise level. That’s 73 dBA. That receiver noise level is 61, so let’s keep that one at being a worst case. So that receiver noise level of 61, if we go back to Table 1 on the first page, these are the noise zone limits, allowable weekday noise, 1:00pm to 10:00pm. Your allowable weekday noise is 62, so we’re currently okay at 61 at that location for a weekday, and that’s a source noise level of 73. If we were then to take that condition and bring it to a weekend, we would then need to be at 57, that third column in Table 1, so that a difference of 5 dB. We’re at LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 right now, so we need 4 dB of noise reduction. Go back to the source noise level of 73, and we need to be at 69 in order to meet that weekend noise level. That is what we have cited on page 3 as the maximum noise level that can be generated. CHAIR BADAME: Commissioner Burch. COMMISSIONER O'DONNELL: I’m not finished. Could I just finish this? CHAIR BADAME: Yes. COMMISSIONER O'DONNELL: Maybe I missed it, but what is being proposed to reduce it to the level it has to reach? ALEX SALTER: We’re essentially saying that the hotel is going to monitor the noise levels that they are producing and limit the noise levels via a volume control. COMMISSIONER O'DONNELL: So this assumes that whatever noise—let’s call it music—whatever music they have is going to be artificial, i.e. not a band, but something you can turn the volume down on? ALEX SALTER: Yes, that is my understanding. COMMISSIONER O'DONNELL: So if they have a band, all bets are off? ALEX SALTER: The study here was based on amplified music only, not live music. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I’m just saying I don’t understand quite how you control sound unless it’s with a dial, and if it’s with a dial, it’s not a band. ALEX SALTER: Right, that is how we look at it. COMMISSIONER O'DONNELL: Okay, thank you. CHAIR BADAME: Commissioner Burch. COMMISSIONER BURCH: My question somewhat has to do with what Commissioner O'Donnell was just speaking about. What I would like to clarify is there are obviously different forms of music that can be played and that I would assume that you would do. Most types of music have some level of amplification; even an acoustical guitarist is going to have a microphone. Is it my understanding that you will have a monitor reading real time dBA, that if you walk out and you see it’s between 1:00pm and 10:00pm and it has gone up a couple, that will be immediately adjusted? Do I understand that correctly? Because I do understand you couldn’t just turn the music up and down all over the place to do this; you had a baseline sound study that you did, which makes perfect sense. I just want to confirm for those in the audience that there will be real time monitoring with someone making adjustments as needed. JIM GERNEY: Yes, I will absolutely confirm that. I’d also like to kind of address the question that LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commissioner O'Donnell asked. Live music doesn’t necessarily mean it is a rock and roll band, it could be a three-piece jazz ensemble, but all live music is also adjustable from a sound level based upon the way it’s amplified. So if we’re doing non-amplified music, it will have a certain level, but we also understand that there are levels of amplification that reach thresholds at our hotel that create problems outside of our hotel that we cannot exceed. That 69 and 70, the numbers you just quoted; we know what those numbers are, and we are fully committed to managing to those numbers to ensure that the noise within our property does not become problematic within the thresholds of the Town’s limits. CHAIR BADAME: Commissioner O'Donnell. COMMISSIONER O'DONNELL: I’m concerned again about controlling non-artificial sound, because I’ve put on a couple of weddings for daughters, and you always tell the bands to be quiet and they never are. How do you control the sound? It’s all well and good if you’ve got a couple of violins there, but you probably won’t have a couple of violins. How do you control the sound of a band? JIM GERNEY: Well, you can amplify or un-amplify it. I mean bands do have volume controls on their amplifiers. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Assume you have no amplification, and you have a five-piece band not playing rock and roll but playing danceable music, and danceable music is all over the lot. You’re telling me that without amplification, it’s going to be okay? JIM GERNEY: What I’m telling you is without amplification, if it exceeds 69 decibels we’re not going to be able to put it outdoors. COMMISSIONER O'DONNELL: Okay, so that means you just shut down the band? JIM GERNEY: No, we’re going to have theoretical types of music that are going to meet or not meet the expectation of accommodating the provisions within the ordinance, and if a live band is subject to be at risk than the 69, we’re not going… We’ve got four years of absolutely demonstrating that we’re onboard. This is not something that we’re going to say, oh, by the way (inaudible), and I think that’s part of the fear is the day that the lights go out, the lights go out. I’m here to tell you that we’ve got four years of accommodation and cooperation. COMMISSIONER O'DONNELL: Thank you. CHAIR BADAME: Do you plan on having an employee that’s dedicated to noise monitoring, or will it be a LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bartender, a hostess, or a manager that’s busy doing other things? JIM GERNEY: Great question. Absolutely not. We actually have a manager that’s on duty every single weekend, overnight, that is not specified to be doing any job other than accommodating the global needs of the hotel in the absence of the general manager. As the regional vice president and general manager I’m very often absent from the property, which is why we have a hotel manager, and in his absence on the weekends we actually have what we call a manager on duty. Their job is not to do their normal job, but to be about the property to make sure the accommodations of our customers and our business is accommodated, so we have somebody. Obviously, every manager that we’ve had and have on board was part of the sound study, participated in the going through and walking through this. We really wanted to make this a holistic experience, so that as people move forward we’re doing this right. I don’t want to do it wrong. CHAIR BADAME: Vice Chair Kane followed by Commissioner Hudes. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Let me see if I understand the mechanics. You’ve picked ten locations to do this study, and those were residences, L1 through L10? JIM GERNEY: They were all residences, with the exception of some of them were the perimeters of our property, so that we could show as it reached to (inaudible). VICE CHAIR KANE: So one or more of them indeed was a residence? JIM GERNEY: Eight of them were residences. VICE CHAIR KANE: And let’s say that L5 was a residence, and let’s say that that represented number 8522 Broadway, and that’s how you got your data, from a receiver at that location. Will that receiver be permanent at that location? JIM GERNEY: No, we are not… VICE CHAIR KANE: How would I know then in the future what the dBAs are coming to that location? JIM GERNEY: I’ll let Alex address that, but generally speaking is that the noise traveling from the courtyard will have the exact same amount of ambient sound at that location as it did during the test, so the variations should be the same. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: So it will be an assumption, perhaps a valid assumption, that if the generation is at X, which is what it was at this study, then the reception should be Y, that’s the presumption? JIM GERNEY: Correct. VICE CHAIR KANE: What’s the practicality or feasibility of leaving some of these receivers in place? JIM GERNEY: You know what? We’ll consider anything. VICE CHAIR KANE: That’s good; you’ll consider it. I don’t even know if it’s practical, but when you take them out, I’m thinking how do you know what’s landing there if they’re not there? That’s good; you’ll consider it. CHAIR BADAME: Commissioner Hudes. COMMISSIONER HUDES: Thank you. I understand how you’ve done the study and how you’re going to map the study to operations; it makes sense to me. I have a question about the study itself, though, and the locations. This is potentially for the sound engineer. I’m looking at locations L1 and L8 on the map, and it looks to me like location L1 is about one-eighth of the distance from the courtyard as is L8, and yet, I would expect to see a lower level, or more attenuation, at L8, LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 considerably more than at L1. Why is it going the other direction? ALEX SALTER: Sure, that’s a good question. It’s really the site topography. L8 slopes up a hill here, so we’re actually overlooking the hotel and overlooking the courtyard. I don’t believe we have direction line of sight, however. L1 being at essentially the same level as the hotel, you’ve got the structure itself that is shielding the courtyard noise levels, hence the lower noise level. COMMISSIONER HUDES: Okay, that makes sense to me. Is it common to see eight times the distance, and the sound level actually increasing over that distance in that amount? ALEX SALTER: Yes, it all has to do with exposure. So you’ll have the distance you are from a receiver, but then also what’s blocking it in your way. You can be closer technically to a noise source as the crow flies, but if you have a big wall in your way you would be ostensibly exposed to lower noise levels than if you had no wall and were considerably farther. COMMISSIONER HUDES: So if you look at L8, there’s another building just to the right of that; it looks like it’s part of that same property, so that’s closer. Did you take a measurement there, and is that a LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 residence? I wasn’t able to access that particular location. ALEX SALTER: I believe that’s part of the senior community that’s up on the hill. We did not do a measurement there specifically. A lot of it is we’re restricted to areas we can access, some place that has a structure or tree or something that we can hang a monitor on. JIM GERNEY: That was actually a residence that volunteered to let us use their residence as a sound study. COMMISSIONER HUDES: No, I’m talking about the building just to the right of L8. JIM GERNEY: We asked if we could have access to over there from The Meadows, and only the residents in the location of L8 provided us access for the sound study. COMMISSIONER HUDES: Okay, so question for the sound engineer. Do you expect the sound level to be louder at that building that is to the right of L8? ALEX SALTER: I don’t believe so, mainly because this being the courtyard here, and then the two buildings essentially meet, so we’ve kind of got an area in here where you’ve got more noise coming through, because you don’t have as much of the structure. If we were to put a monitor over here, it would probably be blocked a little LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bit more by this structure, so I think this is essentially a worse case line of sight down to the courtyard area. COMMISSIONER HUDES: Okay, thank you. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: I had a question about the attenuation. You said it means relatively constant, so if we measured it a month from now or two months from now from any given location to the courtyard location, the sound levels should be the same? ALEX SALTER: Yes, they should be very similar. I won’t say that they’ll be exactly the same. Wind can affect noise to a certain extent. The effects that wind can affect is more over longer distances, so closer in it’s not going to be as pronounced. It probably won’t be that significant, but it will certainly vary somewhat. Temperature affects noise, but it’s on a much, much smaller scale than what we’re talking about in terms of distance and shielding and what your exposure actually is. COMMISSIONER HANSSEN: Getting back to the question about L8, because it was one of the loudest noise levels in your study, so you’re saying because it’s relatively close to the hotel that the attenuation shouldn’t vary as much in different conditions? LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALEX SALTER: From a day-to-day point of view, we’re just talking about the courtyard to L8? COMMISSIONER HANSSEN: Yeah, because this whole thing basically is based off of the noise level that would not cause the variance from the minimum that the Town requires, and that location was the one that would be in violation under the current conditions, so if anything changed to the negative, then it would be more of an issue. ALEX SALTER: I’m not sure I completely understand, but yes, that is sort of the worst case that sets the maximum noise level, because it is where we measure the highest received noise level. The attenuation part of it where we have 12 dB noise reduction, which is the lowest amount of noise reduction from source to receiver, that should stay pretty much the same on a day- to-day basis. It won’t be exact. Some days it may be 13, it could be 14, it could be 11, but it’s not going to be like all of a sudden we’re going to have 18 dB of noise reduction or 5 dB of noise reduction. And to give you a little bit better sense of the change in decibels, you generally won’t be able to notice a change in noise levels until it actually changes more than 3 dB. Generally, the human ear can’t detect a change of one or two. That’s something that needs to be measured in a LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 laboratory with a sound level meter for it to be something that is noticeable. COMMISSIONER HANSSEN: So just because I may not have explained what I was asking, I think you answered my question, but L8 was at 61 dB, and then the requirement from 1:00pm to 10:00pm is 74 or 69, right? And then from 6:00am to 1:00pm it’s 70 and 65, so all I was saying is because L8 was closest to that, if there was any difference in attenuation, then we would just want to know how much of an adjustment they need to make. You don’t have to answer that part; I just was trying to understand how it worked, and I think you answered by question. Thank you. ALEX SALTER: Okay, thank you. CHAIR BADAME: Commissioner O'Donnell. COMMISSIONER O'DONNELL: Thank you for being here; we have all these questions. You used C1 and C2 on the property, right? And you did that to get the difference in sound, depending on where you located it, with the idea being at some point, assuming this would get approved, you would have a monitor either at C1 of C2, is that correct? ALEX SALTER: Yes. COMMISSIONER O'DONNELL: And your measurements then taken from C1 and/or C2, and following up on the last question about L8, to the extent that it is higher than the LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 weekend permitted, and therefore it would have to be reduced, as I recall, is that correct? ALEX SALTER: The maximum noise level, right, that varies based on a weekday and a weekend. COMMISSIONER O'DONNELL: Right, and it’s how many, almost 3 or 4 dBA higher than the Town ordinance? ALEX SALTER: Core dBA. COMMISSIONER O'DONNELL: I guess what I’m wondering is if I’m a property manager of something and I wander out and look at the dial at, let’s say, C2, what am I looking for? What should I see there so I’d be comfortable that L8 is going to be compliant with the Town’s ordinance? ALEX SALTER: That would be on the third page where we have 74 dBA at the C1 meter location—it’s the very first sentence—and then in parentheses we have what the equivalent would be at C2, which is 82. Because there is essentially an 8 dB difference between the C1 and C2 locations, and that’s due to at C2 you’re closer to the speakers, to where the noise is (inaudible). COMMISSIONER O'DONNELL: So you’re saying—and maybe I’m not understanding, so that’s why I want to repeat it—if, for example, on the 1:00pm to 10:00pm, if my reading LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on the weekend were 69 or below, that should be compliant on all of the offsite? ALEX SALTER: Correct, if you’re reading 69 at the C1 location. COMMISSIONER O'DONNELL: And how close is that figure? In other words, you said the human ear couldn’t pick up two or three decibels. If the weekend and holiday noise is 69, is that a number then that if I went out and looked at the meter some evening at 7:00 or 9:00 o'clock, whatever, on a weekend, if it’s 69 or below I can feel comfortable that all these offsite locations are going to be compliant? ALEX SALTER: Yes, based on our study that’s correct. COMMISSIONER O'DONNELL: Thank you. CHAIR BADAME: Vice Chair Kane. VICE CHAIR KANE: I’ve driven up to The Meadows from time to time, and in going up Wood Road and winding around and getting up there I always felt I was half way to Saratoga, but in looking at your aerial, the hotel is just a stone’s throw away. So my question for management, Mr. Gerney, is you mentioned four years. Now, that means your shift, four years? JIM GERNEY: (Inaudible). LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Okay. In those four years have you ever gotten a complaint from the folks at The Meadows? JIM GERNEY: I’m not going to say absolutely we have not, but I am not aware of any. VICE CHAIR KANE: I’m just thinking they’d have a high sensitivity to sound, a retirement community, medical… JIM GERNEY: And if I just may add that because they are such close neighbors that we are very actively involved with them on a day-to-day basis. We have many business partnerships with them on different levels other than entertainment. VICE CHAIR KANE: Second question, if I may? CHAIR BADAME: Yes. VICE CHAIR KANE: You held an outreach program on October 6th? JIM GERNEY: Yeah. VICE CHAIR KANE: And you sent notices out RSVP. How many attended from the neighborhood? JIM GERNEY: We had close to 200 people attended; I’m going to guess that. Not a lot from the neighborhood attended; some from The Meadows, some from the neighborhood. We pretty much invited anybody that was in our zip code just to try to flood the whole entire environment. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: But you had an RSVP on it? JIM GERNEY: Yeah. VICE CHAIR KANE: Did you look at the addresses to see how many were Broadway? JIM GERNEY: I will defer, just give me a moment on that? I’m not sure we had anybody attend; I can’t guarantee that we did. We had plenty attend when we did the sound test though. VICE CHAIR KANE: Thank you. CHAIR BADAME: Further questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I heard loud and clear that you’re more than willing to have a sound monitor, however, I didn’t see it in our terms and conditions, so if we were to ask that that be part of the CUP, that you have a sound monitor as part of this changing of the CUP conditions, is that agreeable to you? CHAIR BADAME: Commissioner Hanssen, I would just like to interject that it is one of the conditions, in Exhibit 12. COMMISSIONER HANSSEN: Maybe I didn’t look at the right number. JOEL PAULSON: If you take a look at Exhibit 12, there was additional language added relating to a monitor. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: Okay, thanks. CHAIR BADAME: Further questions for the Applicant? Seeing none, thank you very much. JIM GERNEY: Thank you. CHAIR BADAME: I will now invite comments from members of the public. Our first speaker will be Larry Lenhart. LARRY LENHART: Hello, I’m Larry Lenhart; I live on 30 Broadway in Los Gatos, California. I know that the conversations around a decibel here, a decibel there, are interesting. Mathematically that makes very little difference when you think about, as you mentioned, a party and music outside. A loud voice trying to go above that sound will make an enormous amount of difference. And if you look at this facility, it’s not competitive with any other facility in Los Gatos. It’s a level playing field. This is the only facility in Los Gatos with an outdoor open environment surrounded by concrete that has open sides on each end. This right here is a sound machine. There’s a reason why years and years and years ago the Town Council said we cannot afford to let the retirement communities in L8, we can’t afford all of these folks that live right next to this sound machine, to be LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 enduring the sound again and again and again. We talked to the Town Council who actually created the CUP many, many years ago, and that was their perspective, so the simple way to manage that process is to maintain the CUP. As far as the interactions, I think you guys had both meant the Commission to ask two things: one, the sound study; and two, outreach to the community. We mentioned a couple of things. One, we did get two outreaches from the Toll House. One was an invitation kind of posthaste to the Jazz on the Plazz kind of the drinkfest actually, which the folks on Broadway, we kind of got it late, didn’t go. The second, I think there was an email or a letter that was sent by snail mail asking if we could use your property to do the sound test. There was no other interaction. There wasn’t any conversations with the street, there wasn’t any hey, this is what we’d like to do, is that good, is that bad? Great example, Number One Broadway has been terrific with the street. They’ve come out, they’ve met with us, they’ve walked up and down the streets when there’s noise, they’ve learned how to shut the… They’ve been terrific. With the Toll House, there’s been zero. As a matter of fact, I had a conversation with the Town Attorney LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a few weeks ago. We talked about the CUP and what likely is a violation of the current CUP, and Mr. Schultz asked, he said, “Look, I think they would like to talk to you. Is it okay if I share your contact information?” I sent him all my contact information. Never heard nothing. So there’s a little challenge from historically managing the details of a decibel level. The Town Council said that’s impossible, so let’s put the CUP in place. And second, we’ve really had no interaction with the Town. Even you guys have asked them to do that; there’s been little to no interaction. Thank you. CHAIR BADAME: Thank you, Mr. Lenhart. I have a question for you from Vice Chair Kane. VICE CHAIR KANE: Was your residence one of the L1 through L10s? LARRY LENHART: No, it was not. We did not receive any letter, but if we did, you know, (inaudible). VICE CHAIR KANE: But you said you received a letter? LARRY LENHART: A number of people on Broadway did receive a letter. VICE CHAIR KANE: But you did not? LARRY LENHART: We did not. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Okay. Did you attend the October 6th function? LARRY LENHART: No, as I mentioned, it was a function for Jazz on the Plazz, and really it was a drinking opportunity for all the folks in the local community. I think very few people from Broadway went; maybe two or three people might have gone. CHAIR BADAME: Mr. Lenhart, your address is 30 Broadway, so can you tell us how far up the street you are from the… LARRY LENHART: I’ll point it to you, and then I’ll come right back. CHAIR BADAME: Okay. LARRY LENHART: So we’re located right here, and this right here is an open wall, so this actually becomes a sound cannon that shoots the sound this way. VICE CHAIR KANE: If you’re going to talk to us, you gotta get the mike. LARRY LENHART: Oh, I get so excited up there. So there’s an open wall on the right side, which I think the sound person had highlighted, that lets the sound escape pretty dramatically, so it goes shooting through that alley and right up into our house, and obviously the other open area is right up into the retirement community. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Thank you. Any further questions for the speaker? Seeing none, thank you very much. Our next speaker is Lori Forcier. LORI FORCIER: Hi, my name is Lori Forcier. Thank you for allowing us an opportunity to speak. I’m here with my husband, Brad, and we live at 45 Broadway, which is represented by L3 on your diagram. I guess there are two points I’d like the Commission to consider. One, I look at the level of outreach and communication over these past few months as a good predictor of what our relationship will be like going forward with the Toll House. I liked what Michael Kane said at our last meeting, that you should listen to your neighbors and we should work together, and out of that we did get the sound study, and we did get a letter announcing the sound study. The event on October 6th was a party that had been planned at the Toll House that we were invited to attend, but it was no way an event specifically around this request from the Toll House. Tonight is the first time I’m seeing the results of the study; nothing has been shared with me. It would have been an opportunity for the neighborhood to get together to talk about what the results were, what they mean, how they would like to enforce and make sure that LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these decibels were being met for our neighborhood, and none of that communication has happened. Based on what I’m seeing tonight for the first time I have new questions about decibel ratings being higher on weekdays versus weekends, which leads me to my second area of thought that I’d like you to consider. We have three small children, a ten year old, a three year old, and a one year old; children with 8:00 o'clock bedtimes, children with homework. This back yard is attached to our kitchen and our family room. When we did do the sound study there were two elements that the sound expert mentioned could impact noise: temperature and wind. It was one of the warmest nights in September with very little wind, and having lived in this neighborhood for three years I know there’s a difference between the offshore and the onshore wind and what that means just from the sound of the freeway. It was an extremely quiet night, and when we asked if there would be a second data point that was more reflective of an average evening on our street. We were informed that there would not be, because it was cost prohibitive, which I appreciate. We don’t want to put an undue burden there, but I think that’s a realistic concern for us in terms of what does a sound study really represent in terms of what it’s LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 truly like in our neighborhood most of the time. Most evenings aren’t super hot some evenings, and again, consider the fact that we have children, the fact that the decibel ratings are higher on weekdays when I need to put them to bed and have homework is a concern for us. Thank you for your time. CHAIR BADAME: Thank you. Question from Vice Chair Kane. VICE CHAIR KANE: When you say that tonight is the first time you’re hearing about the decibels, my question is prior to tonight did you have access to the numbers on the study? Was it sent to you, or offered to you? LORI FORCIER: No. VICE CHAIR KANE: Were you told where you could find it? LORI FORCIER: No. VICE CHAIR KANE: My second question is tonight are you provided with the study? Was it in the packets that were out on the table? LORI FORCIER: There’s some details around the agenda, but there is no… All of the things that were presented on the screen we received for the first time on LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the screen; I didn’t see any pamphlets handed out or available outside when I came in. VICE CHAIR KANE: Okay, thank you. LORI FORCIER: Thank you. CHAIR BADAME: Thank you. Next speaker, Tom Richards. TOM RICHARDS: Hi, I’m Tom Richards; I live at 62 Broadway. I’m right around L10-ish, I think, on this map, but again, I haven’t seen it before and I don’t really look at our neighborhood from this angle very often, so it’s hard for me to place it. I just wanted to mirror a lot of the points that were made. Nobody has reached out to me for my wife. We have a two-and-a-half year old daughter. I would have loved to know what the decibels are that they’re trying to produce, what they think those are. There was a bit of hand waving I think in terms of what decibels are. I’d like to see somebody install a knob to turn down drums; I think that’s pretty hard to do though, drum are pretty loud things. People talking over drums does get very loud quickly. I think my wife and I are both concerned about the effects of loud noises on our child, getting her to bed. She goes to bed at 7:30; that’s well before this time. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So that just what I wanted to say to support the rest of the people here, and I share their opinions as well. CHAIR BADAME: Sir, thank you. You still have time remaining, if you like. TOM RICHARDS: No, I’m good. Thanks. CHAIR BADAME: Vice Chair Kane. VICE CHAIR KANE: Same questions. Did you get the letter about the receivers? TOM RICHARDS: I haven’t received anything in writing. Nobody has come and spoken to my wife or I at our house. VICE CHAIR KANE: So you didn’t know about the receivers? TOM RICHARDS: I’ve never seen these people before in my life. VICE CHAIR KANE: Not the people, but did you get the letter about the receivers, the sound study that was going to be done? TOM RICHARDS: I don’t believe so. VICE CHAIR KANE: All right, did you attend the October 6th thing? TOM RICHARDS: I did not. VICE CHAIR KANE: Okay, thank you. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Next speaker is Gail Randolph. GAIL RANDOLPH: Hello, Gail Randolph. I’ve live at 42 Broadway since 1975. The suggested changes are what I thought I would talk about and why not to change the CUP. The suggested changes in the CUP are inappropriate. The use of the property was well thought out with foresight and settled by conscientious citizens just like all of us over 20 years ago, and nothing has really changed in the neighborhood. There is a lack of trust that they keep their word on anything. This is not only because of action by previous ownership, but this owner too. That they haven’t abided by their CUP right now is my proof that they are not trustworthy. I gave permission to study sound on my property, and to my knowledge they did not. I was available and on the street at the time. I talked with neighbors, I sat on my steps with my iPhone decibel meter, and between 7:00 and 7:30 no one came by to interact or test, and by the way, I could hear the music a little bit, but faintly. The gin party was not just for Broadway, to reach out, but for Jazz on the Plazz. Jason was going to announce the findings for this sound study if they were available, so I contacted him to let him know that I didn’t drink and LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I don’t have a 1920s outfit, but if business is going to be mixed in with this pleasure, I would be there. By the way, I just learned about the sound study result from exhibits attached to the agenda online. My other thing is that businesses escalate. They’re proposed in their most modest form. Let’s take a family restaurant nearby as an example; great, nice, welcomed. But then a request comes from customers after a while that they need to have beer and wine served with the food. Okay, that happens. Then a few years later it’s trendy to have drinks and hard liquor and cocktails, so they added that. Then they built a bigger bar, really beautiful bar, and added bar furniture, and now they’ve renovated the whole interior. Oh, darn. CHAIR BADAME: You’ve got 30 seconds. Keep going. GAIL RANDOLPH: Thanks; I can do it. They renovated the interior, so now if you just remove the tables and chairs from this space, you would have a perfect nightclub setting. In fact, if you look on their website, it states, “If Los Gatos had a club house, this would be it.” These are the kind of baby steps that I see, and I’ve been there a long time, so I don’t expect anything different from the Toll House. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Thank you, Ms. Randolph. Do we have questions? Seeing none, thank you very much. Our last speaker card is Michael Verga. MICHAEL VERGA: Hi, my name is Mike Verga; I’m at 46 Broadway Avenue. It’s kind of hard to read there, but all the green areas are residents that I’ve walked to their houses, spoke with them, and they are in agreement that we do not want that CUP changed. You can see they’re surrounding pretty much that pink area where the Toll House is. The Toll House just told you that they were in compliance with their CUP. They are not in compliance with their CUP, they’re not in compliance with the seating restrictions, and they’re not in compliance with no banquets, receptions, and conferences. My wife and I did our homework. We contacted the three former Council members that implemented the CUP, Randy Attaway, Joanne Benjamin, and Steve Blanton, and they were in disbelief that the Planning Department is ignoring their hard work. Steve Blanton was very clear there was no way that the Toll House and the restaurant would be separated; they were and are one entity. It makes no sense that they would separate the two, and they didn’t. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So what has happened is we have a planning department that’s playing word games with both you and us as the residents, and it means that they’re not being neutral in their administration of this CUP, and because of that the Toll House is ignoring their own CUP, and what’s the end result? The end result is that we as residents have a problem with we don’t trust that the Planning Department is looking out for our best interests. They seem to be looking out for the Toll House’s best interests, and because of that the Toll House has done zero outreach, as has been indicated by the residents. They did not come and sit down with us; they did not listen to our concerns. There is room for negotiation, but it would require us to trust them, and for them to come to us and say would you like to work with us; is there something we can work out? That would be possible, but it’s not possible when you don’t trust the people that you’re supposed to be negotiating with, and you feel like they’re trying to railroad their own agenda without listing to what our concerns are as residents. A one-time test that the Toll House conducted one evening does not take into consideration humidity, wind, and all the changes of outdoor sound. The sound test was conducted with nobody in the courtyard. You think if you LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had 100 to 200 people in the courtyard that that’s not going to change things? Of course it’s going to change things. You’re going to have to turn up the volume so the people in the courtyard can hear, whether it’s amplified music, whether it’s a band, whatever it may be. I don’t believe the Planning Department is looking out for our best interests as being neutral. I don’t think they’re being neutral. The Toll House is not looking out for our best interests, and we’re asking you to look out for our interests. Thank you. CHAIR BADAME: Thank you, Mr. Verga. Any questions? Seeing none, I do have one more speaker card, and that would be from Gillian Verga. GILLIAN VERGA: Hello, again. My name is Gillian Verga and I live at 46 Broadway. Since we met two months ago essentially nothing has changed. Yes, a sound test was done, but I think we’ve talked a lot about whether those results are really reliable. No outreach was done from the Toll House to the neighbors. The same neighbors who opposed the CUP change before still oppose it now, and the Toll House is still violating their CUP terms by holding events on their patio on a regular basis. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The two documents included in the report to the Planning Commission as evidence of outreach are laughable. Outreach is a two-way dialogue, not a letter and an invitation to a party. I had hoped and expected that there would be a meeting between the Toll House and the neighbors where the neighbors could share their concerns and the Toll House would listen to them and respond. I had hoped and expected that the results of the sound study would be explained to the neighbors prior to tonight’s meeting with an opportunity to raise questions and concerns. I had hoped and expected that any additional provisions to the CUP change would have been discussed with the neighbors and we could have some say in whether they address our concerns. I had hoped that if our discussions with the Toll House were not productive that perhaps a neutral party would be able to help us negotiate some kind of compromise between the two parties. Since none of these things have happened, I’m exactly where I was two months ago with respect to the CUP change. I recommend that the change be denied and the Toll House remains allowed to have entertainment indoors only. That’s all I have. CHAIR BADAME: Thank you, Ms. Verga. Commissioner Hudes. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Thank you. With regard to the events that are occurring that you’re aware of, do they involve music or loud sound? GILLIAN VERGA: I believe that they have been adhering to the lack of amplified music in the courtyard, but they are having larger seating for more than 36 people, and they are having receptions and banquets in the courtyard, which is specifically denied by the CUP. COMMISSIONER HUDES: Okay, thank you. VICE CHAIR KANE: Have you made complaints to the Planning Department that perhaps a code enforcement officer can investigate the complaints? GILLIAN VERGA: No, I have not. CHAIR BADAME: Thank you. Vice Chair Kane. VICE CHAIR KANE: I just want to ask the same questions I asked before. Did you or your husband receive written notification from the Toll House regarding the sound study? GILLIAN VERGA: Yes, we received the letter, and I emailed Jason and said he could use my house as part of the sound study. VICE CHAIR KANE: And did they? GILLIAN VERGA: And they did, and in fact, our house was the location for the ambient sound meter. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Second question. Were you able to attend the October 6th function? GILLIAN VERGA: Yes, I did; I went to it. As everyone here has mentioned, it was a party for Jazz on the Plazz. There were maybe a couple of hundred people there—I don’t really know, I’m not good at counting—but it was a party. The sound study results were posted on a board in the corner. I actually had a conversation with someone there about how the decibel numbers that are listed on the chart are lower than a regular conversation, and we pulled out our phones and our sound meters and spoke into that and got 85 decibels, so I don’t really understand how it all works. There was certainly no discussion at that event about the issues around the CUP change, and in fact I think it would have been really inappropriate to try to bring that up at a party like that. VICE CHAIR KANE: I’m not saying it’s your responsibility, I’m just wondering if you or any of the neighbors you know ever requested a meeting with the Toll House to air your concerns? GILLIAN VERGA: I have had a couple of conversations with Jason, and I told him that I could not represent the neighborhood myself personally, because he would say things to me like, “Our intention is not to LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bother the neighbors, and our intention is to keep the noise quiet,” and I said, “You need to talk to the neighbors as a group. You cannot assume that I’m going to pass that information on to the neighbors. It’s not my place to do so,” and I recommended to him that he reach out to everyone who spoke at the last meeting. VICE CHAIR KANE: Thank you. CHAIR BADAME: Any further questions? Seeing none, that was our last speaker card, so thank you very much. One more. Rod Teague. ROD TEAGUE: I don't know why I feel compelled to speak tonight on this subject, but I live in Los Gatos and I’m a musician. I’ve been playing music in Los Gatos for about 15 years, and I do empathize with the residents. I used to play at Toll House. I play Spanish guitar, and I play flamenco style guitar. I’ve played Dio Deka, I still play at Testarossa, Wine Cellar, the list goes on, and I do notice there’s always a trend that happens that percussion, as much as I love music and I love percussion, it causes problems with residents and neighbors, and when you have cymbals and loud drums you tend to get lots more complaints. I guess what I’m trying to get to is don’t throw the baby out with the bath water. There are hopefully LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 solutions that work for the residents as well our businesses, which we want to prosper. I can’t imagine if we threw out all the CUPs, because obviously that’s there for a reason, but I just hope that you would consider other things in the ordinance that maybe exclude things like loud cymbals or large drum kits, and oftentimes that does the job. I’ve played at several venues, between especially here and Saratoga, that have banned their music because of… And it comes down to the drum kits, or a DJ comes in with really loud music. So anyhow, that’s all I have to say. Thank you. VICE CHAIR KANE: I have a question for you. So Old Town has a CUP that allows unamplified background music. “There shall be no amplified electric or percussion music.” Is that something that you can see for the courtyard area of the Toll House, based on your testimony? ROD TEAGUE: I mean absolutely, I think you can play… If you want to have a loud… I’ve been to the Toll House when there were large groups playing with heavy percussion, and it weighed on me that neighbors are probably going to get tired of this real quickly, and there is a solution in between there where you could eliminate that. Acoustically it’s difficult, because for me, my rule of thumb, once you’re playing and you get into a crowd of LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 or 20 people, it defuses the music to where you almost can’t hear it, so you do need amplification. Does that answer your question? VICE CHAIR KANE: Yes, it does. Thank you very much. So you are saying it needs amplification? ROD TEAGUE: It does, yeah. I think you do in that type of space, but I think there are ways to do it that still has that musical vibe and draws people without tipping the scale and creating a problem, and usually the core of that problem from my experience is it always comes with a big, heavy drum kit. You can play percussion on hand, you can play timbales, or you can play a doumbek or something that has nice live percussion and has that vibe, but it doesn’t carry like a large…especially cymbals, so who knows? Maybe there’s a way to consider some of those things. CHAIR BADAME: Thank you for your comments. ROD TEAGUE: Thank you. CHAIR BADAME: That was our last speaker card, so I will now invite the Applicant and his team back to the podium for five minutes to further address the Commission on this application. JIM GERNEY: Thanks again. I appreciate you guys taking the time and inviting us back. I think that the LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information that we heard from the sound study, as we thought, I mean the interpretation of science still has some personality and some subjectivity to it, and if I lived in those houses I would probably be more subjective than objective, so I understand where they’re at. We were just talking amongst ourselves and I think Rob brought up a good point, which was is a live band different than a DJ, different than a cellist? Yes, we all agree there is. Is there a way to find a compromise that we can figure out that we cannot have a live band with percussion? We might be able to have a DJ; we might be able to have live acoustic music that would complement a wedding. I think obviously measuring the sound, having a permanent device to do that, having a person that understands how to read that device and be responsible for that on a daily basis when we have events, is pretty important to everybody around here. There’s one point I just want to touch on. I was a little disappointed, because I’m not the best outreach guy. I mean, you know what, and I’m not sure Jason… He’s probably better than me, but maybe not the best, but when we sent those letters about the sound study we went out and we really tried to reach some people, and I believe that we LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 actually got some very specific neighbors that reached out to us that were here at this event on September 14th that said okay, let’s check you out. What I heard tonight was we did nothing. I’d like to say we did something. Maybe we didn’t do as much outreach as we should have, but I would also like to share that on the event of the night that we did the sound study I personally was out on the street, on Broadway, and the people that said we weren’t there we talked to. I don’t want to challenge this. I mean, again, is the expectation met that we did as much as we should have? I’m not going to challenge that. We did what we thought we were given direction to do. We were given direction to complete a sound study and to reach out to the community. We reached out in letters. I believe you all have a copy of the letter that we sent to the community indicating that at the reception on October 6th we were prepared to present the entire sound study. We had it enlarged on a large flipchart, on a large poster board. Anybody that came in could come look at it; we had people standing by to explain it. And again, I don’t think there was a lot of interaction in that. There was certainly a lot of interaction on the night of the study. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But based upon the information that we received, yeah, we did not have an event planned for October 6th on September 14th when we were at this Commission meeting. On the 15th we wanted to move very quickly; we went into action. We obviously contacted a sound specialist. We got them into high gear to do this; we moved quickly. We decided that October 6th would be a date that we could host a community event. No offense, but I’m not pulling out all the stops and doing some things and not having anybody show up. Yeah, I invited everybody I could. We invited everybody that was in our area. Whether they received, chose, or chose not to attend, I can’t control that. I believe that we did the requisite amount of outreach that we were prescribed to do. I believe that we’ve done all of the technical studies that we were asked to do. I believe that those studies and our behavior suggest that we are no different than any other business in Los Gatos, and that the Sound Ordinance that applies to others should apply to us, including the live music. CHAIR BADAME: Vice Chair Kane. VICE CHAIR KANE: The October 6th event, was it a Jazz on the Plazz event? JIM GERNEY: It started out as being a community event. We got probably 40 responses from our immediate LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 area, but we really wanted to open it up, so what we did is we went to the jazz group and invited them. VICE CHAIR KANE: You invited members of the Jazz on the Plazz staff? JIM GERNEY: And their local community base, yes. VICE CHAIR KANE: Is there any reason I didn’t get that memo? JIM GERNEY: I think you did. VICE CHAIR KANE: I don’t… JIM GERNEY: My apologies. VICE CHAIR KANE: I have a question about self- monitoring. The courtyard is right below the hotel, and all the guestrooms are what, three or four flights up? Do you get complaints from those folks about music or noise coming from the courtyard? JIM GERNEY: No, we don’t, because we don’t have music in the courtyard. VICE CHAIR KANE: An event in the courtyard, something that these other people hear, do people in the hotel hear it? JIM GERNEY: Absolutely they hear it. The events that are being referred to at this point might be an outdoor wedding where the actual ceremony is being done without any type of amplified anything, with no music, with LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just a minister, or maybe a luncheon, and those events, generally no, we don’t get much feedback on. No, we’ve not had any issues. But I think a point that was brought up at the last one is that we have a responsibility, at a $250 to $300 price point, we’ve got to be sensitive to those customers. VICE CHAIR KANE: Thank you. CHAIR BADAME: Thank you, Mr. Gerney. Commissioner Hudes followed by Commissioner Burch. COMMISSIONER HUDES: Question for the sound engineer. Some of the testimony that we heard from residents talked about a baseline music level and then conversation on top of that music level. How many dbs would you add for conversation at an event, and what would the resulting sound level be? ALEX SALTER: Generally, face-to-face conversation in a normal level is somewhere around 60 dBA. I mean we’re talking it could be maybe 50 or 100 people at these events. It’s hard to predict, because are all those people talking at the same time, and how loud are they talking? Generally there will be some crowd noise in there, but we would probably need to do some additional studies to LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 really quantify in this particular venue what would crowd noise add to it. COMMISSIONER HUDES: So is that additive, the 40 to 60 dBA for conversation? Do you take the 40 number and the 60 number and do you add that up to the 74 or whatever that number is? ALEX SALTER: No, it’s not arithmetic, it’s logarithmic. COMMISSIONER HUDES: Thank you; that was my understanding. So what would that number be? ALEX SALTER: Let’s take two noise sources at 60 dBA. It would be a 3 dBA increase, so the resulting noise level would be 63 at a noise level that we’re measuring in here where you have noise levels in the 70s for the music. I should also make it clear, what we did was not necessarily blasting music as loud as we could, so there are obviously going to be some limitations to the amount of noise that we can produce for these neighbors, for the guest rooms, so we did this at what is a reasonable level that we would expect to want to have the music noise level be at. COMMISSIONER HUDES: If I may? Is there a margin that you think might make sense to apply? Because your numbers are right up against the ordinance. When I look at LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your maximum numbers, that gets you to the maximum in the ordinance, and it doesn’t account for anything. Is there any reasonable margin in your opinion as an engineer that would be something that might make sense to account for other kinds of noise other than the music that emanating from one particular place that’s near that sound monitor, but you’ve got conversation, you know, people enjoying themselves at a wedding going on across that courtyard, is there a margin that you might think about? ALEX SALTER: I think that the crowd noise and whatever other noise is generated is essentially in this overall noise level that is being monitored, and so whether it’s 74 or whether it’s 69, whatever the noise level is that’s being generated in the courtyard and that’s being shown on the sound level meter, it would be measuring all of the noise, so it will be measuring the noise, and it will be measuring the crowd noise. It brings up some questions of do you tell people to quiet down? Is the crowd noise subject to the Noise Ordinance? In my experience, we deal with this in the City of San Francisco and other cities around the Bay Area where it’s a gray area of is it a free speech thing where is crowd noise subject to a noise ordinance, because a lot of noise ordinances are written specifically for certain types LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of sources, whether it be mechanical equipment, fixed source, amplification, music, anything. So I think that brings in other aspects of it, but I think the important part is that the noise monitoring that would occur is measuring all of the noise that’s generated in the courtyard, so if they go over and they see it’s 75 on a weekday, or it’s 70 on a weekend, or we’re one dB above what we need to be at, so we need to either reduce the amplified music, which would have some effect on the crowd noise too, just psychologically, or figure out some way to quiet the noise. I think it’s also reasonable discussions we’ve had about percussion, cymbals, drum kits, things like that. Certainly those are things that don’t necessarily need amplification or are inherently loud, but I think we’ve shown in this study that a certain degree of amplification can still be compatible with the surrounding community in regard to the Noise Ordinance. CHAIR BADAME: Commissioner Burch has a question, then I’ll go right back to you, Commissioner Hudes. Okay, all right, go ahead and finish up, Commissioner Hudes. COMMISSIONER HUDES: Thank you. My question was for management. It seems as though there are some ideas that have been put on the table here. It seems as though LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 residents don’t feel that there has been as much interaction in the meeting, in the outreach. Are you open to having another meeting with the residents to explore options? JIM GERNEY: Yeah, sure I am. COMMISSIONER HUDES: Okay, thank you. CHAIR BADAME: Commissioner Burch. COMMISSIONER BURCH: In that same vein as we look at this, if there were some limitations written into this, such as the percussion that was a very good suggestion, to where when you had customers who were looking at booking various types of music you would say sure, but the following are not permitted, such as percussion or whatever, would you be open to that? JIM GERNEY: Yes, I would. COMMISSIONER BURCH: Thank you. CHAIR BADAME: Any further questions? Seeing none, thank you very much. JIM GERNEY: Thank you. CHAIR BADAME: The public testimony portion of the public hearing is now closed. I’ll look to the Commissioners for questions or comments. Commissioner O'Donnell, you can go first. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I have a question of Staff and perhaps the Town Attorney, whoever feels they want to field the question. What kind of ignited this use permit application modification was, I believe, the recent ordinance, as I understand it, passed by the Town basically, I think, saying that downtown entertainment, music, whatever, is a matter of right. Now, it so happens that this particular use is not a matter of right, arguably, only because they have a use permit. In other words, as opposed to everybody else in town that doesn’t have a use permit, they can go ahead and have music and if they violate the Town’s Noise Ordinance they can be cited. So I guess what I’m curious about is I don't know the extent of our ability. It seems to me that we have jurisdiction and the ability to say we like the use permit the way it is, or would you accept the modification to the use permit? Personally, I wouldn’t like to let go of the use permit, but I guess I’m saying that because everybody else that doesn’t have a use permit is just kind of home free, the only reason these people have a use permit is because historically they were there when the Town didn’t have this brand new ordinance. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So I guess I’m saying my understanding—and this is the question—they have a use permit, it is not superseded by the new ordinance, and therefore we can deal with that use permit as we could normally deal with any use permit, is that correct? JOEL PAULSON: That is correct. COMMISSIONER O'DONNELL: Long question, short answer. Thank you. ROBERT SCHULTZ: Want to hear a longer one from an attorney? COMMISSIONER O'DONNELL: A longer one? Go ahead. ROBERT SCHULTZ: We have three CUPs with different requirements. The first one is a CUP that might not have anything at all written about entertainment. The second set we have are those that said when we adopt an Entertainment Policy you will follow that Entertainment Policy for whatever it was, and those are more of our recent ones that we did, because we saw that we were going to do an Entertainment Permit. Then the third one is like this one that said no entertainment. So how we’ve dealt with all three of those is the CUPs that didn’t have any regulation whatsoever about entertainment, and they have to follow our Entertainment Policy, they have to follow it; they also have to follow LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. But the ones that specifically had for any reason a CUP that has a no entertainment allowed have to come in for that modification, and this is one of them, because it had that. Even though Entertainment Policy might allow some businesses to have entertainment, that still allows you to restrict it because of certain issues that you feel should not allow for entertainment. So you still have the ability, even with our Entertainment Policy, to deny a business the ability to have the entertainment because of other facts and evidence that you take into account. COMMISSIONER O'DONNELL: Just follow up for one second? What other facts? In other words, if we’re talking about entertainment, are you saying that if we look at the entertainment and believe for some reason that that entertainment, noise level, whatever, is unreasonable, then notwithstanding the ordinance we can say no, you can’t do that? ROBERT SCHULTZ: No, if you’re going to allow it, it just has to comply with our Noise Ordinance, but if you feel that because of the community, because of other issues that are involved, that it just could not meet its noise requirements based on evidence, then you can deny an entertainment. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: So you make a judgment that there’s no way these folks can do that, and therefore I’m going to deny what? What do I have before me that I can deny? ROBERT SCHULTZ: You don’t allow for the entertainment. You don’t allow for the clause to be removed. COMMISSIONER O'DONNELL: So if somebody comes in and wants to open a restaurant or whatever in town and they decided they want to have a, you know, what everybody tells us, a small group or whatever, we have no evidence one way or the other. Do you understand correctly the Town basically says unless you have evidence to the contrary, then go ahead and do it? ROBERT SCHULTZ: Yes. COMMISSIONER O'DONNELL: So the hypothetical you were giving us seems very impractical, because you’re saying if somebody comes before us and we have reason to know that they can’t comply with the Noise Ordinance, then we could turn them down? ROBERT SCHULTZ: Yes. COMMISSIONER O'DONNELL: Okay, thank you. CHAIR BADAME: Vice Chair Kane. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Counselor, how many establishments similar to the Toll House have a CUP that is no, zero, zip, zilch, entertainment of any kind? MONICA RENN: Approximately 16 CUPs that have a prohibition for it. VICE CHAIR KANE: So that I can figure out what’s fair, why would those 16 have no E, and do they have no Es for situations similar to this? MONICA RENN: There was a period of time where the condition became standard that somebody could not have entertainment; some of those places are like Chipotle, for example, on Los Gatos Boulevard. It was just a standard. They didn’t ask for it, we didn’t do any findings, we just put it in their Conditional Use Permit, because it was a kind of form that we were using, so several restaurants have that provision just as a standard. There was no evidence for or against it or maybe even an ask for it. Sometimes when somebody doesn’t ask for it, then we just use that standard condition and prohibit it. VICE CHAIR KANE: Back to what Commissioner O'Donnell was saying; it just makes me think of a zero sum game of some sort. If they did get a CUP number two, which is follow the policy, then the Noise Ordinance would govern what happens, and if they go above a dB they’re cited, LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cited, cited, lose it and they’re done. So I’m asking you where is the downside to requiring them to do what everybody else has to do, which is supposed to protect the neighborhood, and if they don’t, then they lose it, is that correct? JOEL PAULSON: That’s correct. So ultimately if it became an issue where there were multiple violations, then it could be set for a modification or revocation of the Conditional Use Permit, which is permitted under our Town Code currently. VICE CHAIR KANE: So we’ve put other things on trial basis, and we might not even have to do that in this case, because it’s self-contained. If they blow it, they lose it. Thank you. ROBERT SCHULTZ: So not only do we have the requirement in the recommended from Staff about using the dBA that they will monitor inside, even with that monitor, let’s suppose they’re monitoring inside and they’re within their range, if in fact from their property line they’re exceeding the dBA in our Noise Ordinance they are in violation and will be cited. If you didn’t understand that part of it, it’s not just because now they’re monitoring inside they can do whatever they want outside. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: My last question is with respect to that zero sum and the level of dBs that would be violated. Would it be practical, fair, and honest to put them under the liability of that dB and expect them to have the desired result with respect to business? Is the dB so low that it’s not practical? Are we looking at a bigger… Does it make any sense to do this in the first place? JOEL PAULSON: That’s ultimately a business decision for the Toll House. VICE CHAIR KANE: Okay, thank you. CHAIR BADAME: Commissioner Erekson. COMMISSIONER EREKSON: This is a question I think probably for Mr. Schultz. I’m trying to understand how to think about this issue with respect to the new ordinance, and I guess it seems to me—unless I’m missing something and I frequently do, so I’m open to being educated—why isn’t the question simply be should this CUP remain in effect, or should this CUP be revoked or eliminated, whatever the right verbiage, and then if it is, then the new ordinance would apply. Why isn’t that the simplicity of the question? So I’m trying to understand under what basis would one be able to modify an existing CUP, because if you grandfathered existing CUPs, why is there an ability under LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the ordinance to modify an existing CUP? Do you understand the question I’m asking? JOEL PAULSON: I’ll try. I think it gets back to the three scenarios that Mr. Schultz expressed earlier. We have some Conditional Use Permits that don’t have any prohibition of entertainment, so they comply with the policy and they don’t have to come through any modification. For one like the Toll House, they specifically have a condition of approval that states that they cannot have any outdoor music, and so if they want to be able to have the benefit of complying with the new policy, then they have to come through and modify the use permit. I think your initial comments, from a simplistic view it’s either… You expressed that you want to recommend that they be allowed to modify their CUP, or that they not be allowed to modify their use permit and the condition remains and they would not be allowed to have outdoor entertainment. But looking at you, I’m assuming that didn’t answer the question you were looking at. COMMISSIONER EREKSON: Maybe I’m trying to be too simplistic. I mean I don't know on what basis one can… Can someone voluntarily give up their CUP? LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: This wouldn’t be giving up their CUP. You’re strictly looking at the provision related to entertainment. Voluntarily if a business goes out of business, and it’s out of business for a year, then they lose their CUP. COMMISSIONER EREKSON: So we’re modifying the CUP for only the portion that relates to entertainment, which then would make the new ordinance apply to them? JOEL PAULSON: Correct. They have a specific restriction currently under their Conditional Use Permit that does not allow them… COMMISSIONER EREKSON: So the simplistic question then is do we think they should be allowed to have the right that they would have under the Entertainment Policy if they were building a new building or this didn’t have something, or there are some findings that we could find that would suggest to us that we should continue the present restriction that puts a larger burden on them than the new ordinance would, in the same way that the Town could hypothetically find those same findings on someone who doesn’t presently have a Conditional Use Permit that restricts them from having it? JOEL PAULSON: That’s correct. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER EREKSON: Okay, got it finally. Thank you. CHAIR BADAME: Commissioner O'Donnell. COMMISSIONER O'DONNELL: Part of the reason I may be thinking differently about this, one argument goes you should level the playing field, and we’ve heard that this evening, which suggests that these folks are being treated differently and somehow wrongly than others. But listening to your three choices, it seems to me that in fact whatever everybody else is doing, these folks have a use permit, and we could say that’s your use permit, that’s it. Or, and this is solely I think the discretion of us tonight and the Council ultimately, to say you make an argument that this is hurting your business, and we’re sympathetic to that. On the other hand, we’re very sympathetic to the neighbors and we’re not comfortable with what the study shows. You could again say well we’re going to impose a level which is I guess—and this is the question—lower than the Town’s limitations. In other words, if you leave it alone, we don’t have to worry about the limitations, because they can’t have outdoor music. If we say well, we’re uncomfortable with just saying no to you, but we don’t like the dBA level set in the Town, so we’re going to set a new and different LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and lower, the question is can you do that? I’m not saying we should do that, but I just want to know if you could do that. ROBERT SCHULTZ: Our Noise Ordinance has standards that have been set, and so no I don’t think we should change those from the outside. If you feel the ones inside need to be changed per their business that aren’t low enough, then that might be where you might… If you need more of a buffer, which I think are some of the questions Commissioner Hudes was saying, but from an outside everybody has to comply with the same whether you’re residential, whether you’re… COMMISSIONER O'DONNELL: Outside and inside, you mean in the building and outside the building? ROBERT SCHULTZ: Yes, the two inside, what they’re going to monitor, and apparently if it goes over or gets close they’re going to have to find a way to reduce their sound. COMMISSIONER O'DONNELL: I thought their two monitors would in fact be outside in the outside area. ROBERT SCHULTZ: Outside area; that’s their outside, but within their property. COMMISSIONER O'DONNELL: That’s all we’ve been talking about tonight. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ROBERT SCHULTZ: Right, within their property. I’m sorry. COMMISSIONER O'DONNELL: Thank you. ROBERT SCHULTZ: But I would also say that no, we regulate any noise, and I think one of the speakers mentioned just that there was crowd noise. We can also cite for just crowd noise. COMMISSIONER O'DONNELL: The only reason I ask is gives us an interesting dilemma. We either say nothing, we’re not going to do anything, because we can’t control it, it doesn’t look to us like the neighbors are going to be happy if we simply say we’re going to impose on you… We’re not really imposing it; it’s already imposed on you, the Town ordinance. So if we’re between a rock and a hard place on that, it just seems odd to me that you can’t say let’s split the baby kind of thing, but you can’t if you can’t say notwithstanding the Town’s level is here, the neighbors are saying that’s not going to be good for us, so we can say no to everything, or we could impose a lower level, and you’re saying no, you really couldn’t impose a… You can leave it alone, but you can’t come up with your own dBA levels. Is that right? Okay, thank you. CHAIR BADAME: Commissioner Hudes. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Just to clarify what I understand the proposal is on the draft modified conditions, it’s to allow entertainment, which is not currently allowed, and to make it subject to the monitoring that’s in this report, including C1 and C2 at a internal to the property location at the specified dBA levels that they will follow at location C1. SALLY ZARNOWITZ: That’s correct, and the condition is actually written such that they could choose between C1 or C2 based on what’s feasible, and either one of them would have to follow the noise assessment. COMMISSIONER HUDES: Coming back to the previous discussion about where we have latitude, it sounds like we don’t have latitude to come up with a different dBA level for the neighborhood, but we could come up with, and in fact we have proposed, a different dBA level for monitoring on the site, and we have flexibility in terms of whether it’s the numbers that are in this report or other numbers if there are findings that we could make, is that correct? Okay, thank you. VICE CHAIR KANE: So it would be safe to say that a prior Council at some point in time made findings to restrict the entertainment. That being said, we could honor that decision on a prior Council and not change anything. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We don’t know what those findings could be, unless they were related to… JOEL PAULSON: That’s definitely an option. You can either make a recommendation of approval of the modification, or recommend to the Town Council denial of the modification, or recommend approval with some further recommendations. I think before it was discussed whether percussion and cymbals should be prohibited. ROBERT SCHULTZ: And I think Commissioner Erekson gave a great example. Even though with our Entertainment Policy that allows for entertainment before 10:00pm without an Entertainment Permit, and after 10:00pm with, before 10:00pm you have to comply with the Noise Ordinance. If a new CUP came in for a new restaurant or a new nightclub or anything of that nature, and they want to have entertainment before 10:00pm, but because of neighborhood compatibility issues or there are health and safety issues, you can still deny the Entertainment Permit. You still have that ability to deny it and not allow it based on the evidence and the facts from the hearings. And you do that, even though there are many things that we allow regarding delivery trucks, regarding all sorts of noise issues that you put conditions on even though they’re LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not found elsewhere or might be contrary to what our ordinance says. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: Have we ever done something like this where the change to the CUP was done on a trial basis? Because of the sensitivity with the neighborhood, and also the fact that the way that this would work is that we’re supposed to rely on the attenuation from the hotel to any location in the neighborhood, and we heard testimony that temperature and wind could potentially change that, so it could be that the result doesn’t turn out the way you want and the neighbors are going to hear more noise than they wanted to. I suspect some of those neighbors would get the dB thing on their phones and check it out, so that if we did it for a temporary amount of time and we could hear what the results were, and because of the sensitivity that would certainly be a compromise sort of position. ROBERT SCHULTZ: And you’ve done that with past. It’s more of a review period and determination. COMMISSIONER HANSSEN: So you can do that just for one specific… We’ve done that for a specific condition on a CUP? ROBERT SCHULTZ: You’ve had a review hearing. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: Okay. CHAIR BADAME: Commissioner O'Donnell. COMMISSIONER O'DONNELL: Since we’re measuring essentially onsite, and we’re measuring with a monitor which is in the area where the noise will be coming from, it would appear that the wind, temperature, all that stuff, will have little or no effect, whereas the sound leaving the premises will be attenuated by the changes in climate, all that kind of thing. So the measurement then will not be valid if in fact the conditions are such offsite that, as it was testified, it affects the carry of the sound. The only reason I say that is it’s very nice to say why don’t we try this for a year and we’re going to measure it onsite, and the answer to me is because I don't know what it’s going to be offsite. If everything is perfect, what’s onsite as modulated for offsite, because we did these measurements, should work fine. But rarely is life perfect, so we won’t know what it is. Then somebody suggested we put monitors at certain places offsite, and I don't know how complicated that gets, but I’m just saying I don't know how exact a science this is. SALLY ZARNOWITZ: Just to note that the project would be, or the business is, subject to the Noise Ordinance, which is looking at how that affects the LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 offsite. It’s just that measuring it onsite is supposed to mitigate the offsite, but it’s still subject to the Noise Ordinance. COMMISSIONER O'DONNELL: I can just tell you from my personal experience of having lived in this town for an awful long time, rarely does anybody ever stop loud noise. I happen to live right by the high school, and I assure you there are a lot of violations. I don’t care, because they aren’t that bad, but I’m just saying our Noise Ordinance enforcement is limited by the number of people we have. I’m not criticizing Staff to say that’s pretty hard, so you really want to make sure you’ve got a way of doing this without relying on picking up a phone and calling the police department or something. Anyway, that’s just off this site, okay. CHAIR BADAME: Commissioner Erekson. COMMISSIONER EREKSON: I’m going to try a motion, if that’s okay with the Chair. CHAIR BADAME: Yes, it’s okay with me. COMMISSIONER EREKSON: I will move to deny the request for modify the existing Conditional Use Permit to allow entertainment before 10:00pm on property zoned C- 2:PD. I do that with some concern about the economic vitality of the downtown, but I would say this seems to me LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to be a situation where there are neighborhood compatibility issues and sensitivity issues since it is located in a particular location in town where there are both individual residences and multi-dwelling residences that would cause me concern if it were in a location where it was completely commercial, and I would say that would be something I would take into consideration if it was a new establishment that was (inaudible) under the Entertainment Policy. I think we have both the wisdom of the Council who adopted the present CUP, and we’ve had significant public testimony that would support the conflict with the neighborhood compatibility, and we need to be sensitive to that neighborhood compatibility. CHAIR BADAME: I will second that motion. Discussion? Commissioner O'Donnell. COMMISSIONER O'DONNELL: I’m going to say two things. One, I agree with the motion, but I like the suggestion that was made I think by at least two of the Commissioners that before we deny something we might allow time, and there was a suggestion made by the people who live in the area that nobody sat down with them, and the suggestion was maybe sitting down with them could produce something. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Secondly, I heard from the Applicant who said I think to Commissioner Hudes that they would be willing to do that. So I guess my only thought is I’m going to vote against the motion, not because I disagree with it, but because I think it may be premature. It may be that if time is allowed for them to talk to each other, we might get a solution short of telling them no entertainment at all. I just say that in case anybody else would like to give them some time. CHAIR BADAME: Commissioner Burch followed by Vice Chair Kane. COMMISSIONER BURCH: I also will not be supporting the motion for a couple of reasons. The sound levels that were set were very specific, they were carefully selected, and what we have in front of us—and again, perhaps I just have the benefit of understanding sound studies maybe unfortunately too well—is a document that proves that those levels can be controlled and that they can be controlled onsite, and that we can have a secondary offsite monitoring where, as Sally stated, that if it is too loud there will be a call, it will be checked, they will be fined, they will be subject to what any other business that would come in and have this LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Entertainment Policy associated with their business would be subject to. I also agree with Commissioner Hudes on the statement that it sounds like perhaps a little bit more work needs to be done within the neighborhood, and I would prefer more to see something that was so well worked out for the economic vitality, something that I feel can be controlled, be tried out for a period of time, and I would like to see significantly more work between the business and the neighborhood. I would like to see maybe some limitations on the music styles that were in there, as we discussed, but it sounds like that was agreeable. So before we just make a sweeping no, I just feel that there is some opportunity here to find a good middle ground that would benefit all. CHAIR BADAME: Vice Chair Kane is next. VICE CHAIR KANE: I won’t support the motion. I don’t support trial, because I think all of that is internal to what we have in front of us. I would imagine that they’ve got the smarts to move heaven and earth to get what you want and to keep it, because if you don’t, they’ll take it away from you. Is it really that simple to me? I like the Staff recommendation; I think it’s adequate, it covers all points, and if they violate it, they lose it. If LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they don’t violate it, then we’ve got some economic vitality issues that are good for the Town, a function that is desirable. You might offer quarterly dinners, get me, to review how it’s going, to review the number of complaints you have or haven’t had. As I said earlier, move heaven and earth. But if you end up getting this thing, do all you can to keep it, because if you don’t, they’re going to take it away. CHAIR BADAME: Commissioner Hudes followed by Commissioner Hanssen. COMMISSIONER HUDES: One point of clarification for me in terms of where I come down on this, when the original Conditional Use Permit was written, and I am very strong on supporting the thinking that went in there, was there a Noise Ordinance in place, and if there was, was it different than what we have today? JOEL PAULSON: There was a Noise Ordinance, and it probably wasn’t much different, if at all, than what we have today. I don’t have all of the background, but this goes back to the Alcohol Policy that hadn’t been modified and has a provision that discourages entertainment until we had an Entertainment Policy. We finally, after years of working through that process, come to a policy that was LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 adopted, and so that’s why they have been afforded the opportunity to come before the Commission and the Commission will be making a recommendation to the Council. COMMISSIONER HUDES: So there was a Noise Ordinance, but there wasn’t an Entertainment Policy? JOEL PAULSON: Correct. COMMISSIONER HUDES: Okay. And just to add my comments, I certainly am not comfortable about approving this change at this time. On the other hand, I think there is the possibility of coming to agreement with the neighbors that isn’t totally exhausted, and I would rather see that process take its course before denying the request. Specifically there are three things that I think need to be discussed with the neighbors. Number one, a dBA margin to account for sound across the courtyard, potentially reducing the numbers that are in here to account for that; number two, eliminating percussion instruments; and number three, considering the possibility of making it acoustic instruments only. I know those are not in the motion, but those are the things that I would like to see explored further. CHAIR BADAME: Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I too don’t support the motion for denial. I’m concerned about the neighbors, and do think that at a minimum and for good business purposes that there should be some actual real outreach with only these neighbors to talk about all these issues. I think this is a very good sound study, but it did have the limitation of when it was done, and also I think it’s fairly complex, and I think it would be a really difficult thing to put this into an approved CUP and say that the neighbors hadn’t had a chance to really digest it, and so I do think that there ought to be a conversation between the Applicant and the sound engineer and neighborhood so that they could understand the study and understand what impact it really might have on them and how that works, because they’re just numbers and they may not have seen this. So I think that if I were to rethink this I would want to continue it to do that. The other issue that came to mind is we just had our hearing at the General Plan Committee about the North 40, and so much of the testimony that we got… And granted, there isn’t any application that’s going to be implemented at this point in time, but the potential for all these businesses in the North 40 that don’t have CUPs, and then having downtown not being able to compete with that, and LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 especially a hotel that relies on events to support its business, I feel like there has to be some kind of compromise in there to let them have their business and be competitive with others, so I would be more in favor of doing some kind of continuance to give the Applicant a chance to work things out with the neighbors so that we could come back and hear this again. CHAIR BADAME: All right, I’m about ready to call the question, and I know what the answer is going to be, but I would just like to make the comment that the residential neighborhood pre-existed before the hotel. But I will call the question. All in favor of the motion that Commissioner Erekson made? Fails 5-2 VICE CHAIR KANE: (Inaudible). COMMISSIONER O'DONNELL: (Inaudible). CHAIR BADAME: All right, anybody no? It’s getting late. Vice Chair Kane. VICE CHAIR KANE: I’d like to try a motion incorporating points that have been made by Commissioner Hudes and myself, so I’m going to use the Staff format. I make the motion to make recommendation to Town Council to approve CUP application U-16-005. I find the proposed project is categorically exempt pursuant to Section 15301 of CEQA as adopted by the Town, which is LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 2. I make the required findings as required by Section 29.20.190 of the Town Code for granting approval of the CUP, which is also Exhibit 2 of this report, and recommend approval of CUP Application U-16-005 to Town Council, with the conditions contained in Exhibit 12 attached to this report and the plans contained in Exhibit 6. Now, if all of that doesn’t cover the following, I’d like to add a recommendation subject to the approval of the Community Development Director that there be one or two permanent speakers in the neighborhood to increase the ability to monitor the sound, and moreover, to add to the credibility of the study, because if the neighbors hear loud noises and the thing inside the courtyard said no, it’s not that loud, we’ve got to build some trust here, we’ve got to build some credibility, so it might be worth the money and the effort to have one or two out there monitoring that sound to make sure that the neighbors are respected and are provided for. Also, I want to add what Commissioner Hudes, if you want to help me on this, what he said about the dBA margin, what he said about eliminating percussion, and I’ll leave it open, subject to the approval of the Community Development Director, add the requirement that we’re LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 talking about acoustic music only, and I’m not sure that’s necessary. Okay, I’m going to pull that out. That’s out. I’m back to dBA margin and eliminate percussion, because it is what it is. If they go above the dBs, it doesn’t matter if it’s Mel Tormé or Joe Cannon—where did that come from? Anyway, the dBs will speak for themselves, they comply or they don’t, and I would again say talk to me later. I mean buy dinner, do something. There are a lot of unhappy people over here. That’s my motion. CHAIR BADAME: Okay, we have a motion. I’m looking for a second. Commissioner Burch. COMMISSIONER BURCH: I will second the motion. CHAIR BADAME: All right, any further discussion. Commissioner Hudes. COMMISSIONER HUDES: I appreciate the spirit of moving this forward and of providing some vibrancy in the downtown, but I am not at a point where I can support it yet, because I don’t think that the considerations of the neighbors have been taken fully into account, and while I am sympathetic to the Applicant who wants to move the project forward I think there is some indication that the Applicant is actually willing to do another round of discussion with the neighbors, and that potentially that feedback hasn’t really come through and hasn’t been two- LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 way, so I’m not going to support. I would prefer to see another round of discussion between the neighborhood and the Applicant. CHAIR BADAME: Commissioner Burch. COMMISSIONER BURCH: If I may, just as a reminder, obviously we are not the last word and this is going to go in front of Town Council, and your comments would be taken very, very seriously. As far as moving forward, perhaps what we do is I would ask Commissioner Hudes if he would be comfortable in adding to the motion that proof of outreach, and I mean viable outreach, be provided at the Town Council meeting as part of their consideration of approval? CHAIR BADAME: Commissioner O'Donnell. COMMISSIONER O'DONNELL: I’m not going to support the motion, because there’s no reason why we shouldn’t send it back and let them talk. Both sides have said they’re willing to do it, and we seem to be in a hurry, and they don’t seem to be in a hurry. I just can’t think of any reason why if people are willing to talk to each other we shouldn’t let them talk to each other, so I will not be supporting the motion. CHAIR BADAME: Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I want to echo the same concern. I think that the Applicant and the neighbors need to talk to each other before we send it on. CHAIR BADAME: All right, we have a motion and a second, and I need to call the question. All in favor? Opposed? Fails, and that would be 2-4 in favor, and that would be Commissioner Burch and Vice Chair Kane, the rest of us opposed. Commissioner O'Donnell is ready to make a motion. COMMISSIONER O'DONNELL: Really the third motion that we’ve talked about. This motion would be simply that we continue this matter to a date certain with the request of both the Applicant and the neighbors, and I stress it to both sides, it takes two sides, to use the intervening time between now and the date certain, which we haven’t selected yet, to see if they can’t work out some kind of settlement that can help us. You can see that our hands are not as free as they would like to be. The easiest thing for us to do, but perhaps not the most equitable thing to do, is simply to say no or yes. I think we can do a lot better than that; at least I’m hopeful we can. There’s no guarantee that any side has to agree on any compromise, but you both have expressed willingness to do so, to talk about it, so my motion would be we continue the matter for LOS GATOS PLANNING COMMISSION 11/9/2016 Item #2, 140 S. Santa Cruz Avenue 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 purposes of these discussions until what date would the Staff suggest? JOEL PAULSON: Well, we don’t have a good suggestion. January’s agenda is already pretty full. Many of those are tentative, but the earliest we could do it would be January 11th. COMMISSIONER O'DONNELL: All right, the date certain would be January 11th. CHAIR BADAME: Commissioner Hudes. COMMISSIONER HUDES: I’ll second the motion. CHAIR BADAME: All right, any discussion? I will call the question. All in favor? Vice Chair Kane, did you have your hand up? VICE CHAIR KANE: I’m waiting for opposed. CHAIR BADAME: Okay, I have a second. All in favor? Opposed? Passes 6-1. All right, Mr. Paulson, since this is a recommendation to the Town Council, are there appeal rights of the actions of the Commission on this item? JOEL PAULSON: Given that the Planning Commission continued the item, there are no appeal rights. CHAIR BADAME: Thank you.