Attachment 10
ATTACHMENT 10
RESOLUTION 2017-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT
TO ALLOW ENTERTAINMENT BEFORE 10:00 P.M.
ON PROPERTY ZONED C-2:PD
APN: 510-45-064 AND 065
CONDITIONAL USE PERMIT APPLICATION: U-16-055
PROPERTY LOCATION: 140 S. SANTA CRUZ AVENUE
PROPERTY OWNER: MICHAEL MOHR – COO METWEST PROPERTIES, LLC
APPLICANT: LG HOTEL LLC D.B.A. TOLL HOUSE
‘
WHEREAS, the applicant seeks approval for a modification to an existing Conditional
Use Permit (CUP) to allow entertainment before 10:00 p.m. on property zoned C-2:PD.
WHEREAS, on September 14, 2016, November 9, 2016, and January 11, 2017, the
Planning Commission considered a CUP application, U-16-055, to modify an existing CUP on
property zoned C-2:PD. The Planning Commission recommended approval of the request with
modified Conditions of Approval, finding that the proposed use of the property is essential or
desirable to the public convenience in that it will allow entertainment before 10:00 p.m. for
patrons; the proposed use will not impair the integrity and character of the zone in that the
proposed use is a commercial use and is located in a commercial zone ; the proposed use will
not be detrimental to public health, safety, or general welfare in that the proposed
modification will comply with the Town’s Entertainment Policy which allows entertainment that
complies with the noise ordinance by right before 10:00 p.m.; and the proposed use of the
property is in harmony with the various elements or objectives of the General Plan and the
purposes of the Town Code as discussed within the September 14, 2016 Planning Commission
Staff Report.
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 10
WHEREAS, this matter came before the Town Council for public hearing on February 21,
2017, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on February 21, 2017, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. The project is categorically exempt from environmental review pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
B. Pursuant to Town Code section 29.20.190:
1. The proposed use is desirable to the public convenience and welfare in that it
will allow entertainment before 10:00 p.m. for patrons; and
2. The proposed use will not impair the integrity of the zone, in that the proposed
modification will comply with the Town’s Entertainment Policy which allows
entertainment that complies with the currently adopted noise ordinance by right
before 10:00 p.m.; and
3. The proposed use will not be detrimental to public health, safety, or general
welfare, as the conditions regarding operating hours and seating on the permit
will mitigate potential impacts; and
4. The proposed use is in harmony with the General Plan and Town Code .
ATTACHMENT 10
C. The CUP is in conformance with Planned Development Ordinance 2058.
D. That the proposed project is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under general commercial uses.
NOW, THEREFORE, BE IT RESOLVED:
1. The modification to an existing CUP to allow entertainment before 10:00 p.m. is
approved.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for this permit.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by state and federal Law.
ATTACHMENT 10
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21st day of February, 2017, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 10
TOWN COUNCIL – February 21, 2017
DRAFT MODIFIED CONDITIONS OF APPROVAL:
140 S. Santa Cruz Avenue
Conditional Use Permit Application U-16-005
Requesting a modification to an existing Conditional Use Permit to allow
entertainment before 10:00 p.m. on property zoned C-2:PD. APNs 510-45-064 and -
065.
PROPERTY OWNER: Michael Mohr – Coo MetWest Properties, LLC
APPLICANT: LG Hotel LLC D.B.A. Toll House
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. ALCOHOLIC BEVERAGES: So long as this establishment serves alcoholic beverages it
shall be subject to the following:
a. Uniformed privately provided security guards may be required in or around the
premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Police Department for on -going employee training on
alcoholic beverage service to the general public.
c. This establishment shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association.
d. The licensed operator shall have and shall actively promote a designated driver
program such as complimentary non-alcoholic beverages for designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
2. TOTAL SEATING: Total seating shall not exceed 130.
3. OUTDOOR SEATING: Outdoor seating shall not exceed 36.
4. ALCOHOLIC BEVERAGES: Alcoholic beverages may be served.
5. OUTDOOR SEATING USE: The outdoor seating shall not be used for banquet, reception
or conference purposes.
6. OUTDOOR MEAL SERVICE HOURS: Meal service outdoors shall be limited from 7:00 a.m.
to 10:00 p.m.
7. ENTERTAINMENT: No music, entertainment or amplified sound shall be allowed in the
courtyard.
7. ENTERTAINMENT: Entertainment before 10:00 p.m. in conformance with the Town
Policy Regulating Late Night Entertainment is allowed on Fridays, Saturdays, and
Sundays only.
8. NOISE ASSESSMENT: The owner shall implement, at their cost, all recommendations
identified in the Noise Assessment, dated October 4, 2016, completed by Charles M.
EXHIBIT A
ATTACHMENT 10
Salter Associates Inc. for the property, on file in the Community Development
Department. Pursuant to the Noise Assessment, a maximum of two speakers shall be
allowed to be setup on the north end of the courtyard facing south (i.e., inwards
towards the hotel); and noise levels during entertainment shall be monitored at location
C1 or C2 so as not to exceed the Town Noise Zone limits. The owner shall record the
noise levels and maintain a noise meter log, to be provided to Town Staff upon request.
9. PERCUSSION: Live bands shall not have percussion instruments.
10. REVIEW: Town staff shall review the noise meter log one year from approval and report
the findings to the Planning Commission.
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EXHIBIT A.DOCX