Attachment 1742 Broadway
Los Gatos, CA
95030
February 17, 2017
Town Council
Los Gatos, CA
95030
Dear Town Council,
RECEIVED
FEB 2 1 2017
TO WN OF LOS Sf.>.. TOS
PLANl ...:!t·1Gi Dl VJ:.:>l ON
I am a Broadway resident at #42 , living in Los Gatos s ince 1971 , and at this
address since 1975. I have been involved in the town for all these years ,
through the schools , art and history museums, library, recreation
department , neighborhood and various issues before the town . I was
involved in the decision making processes for the Toll House since it was
an idea .
On February 21 , the Town Council date , I will be just a few days out of
surgery and still in a recovery mode , thus this letter.
The Verge Restaurant of the Toll House Hotel is petitioning to allow music,
entertainment and amplified sound in the courtyard . I am opposed to any
change to their CUP .
The orig inal CUP d isallows music, entertainment or amplified sound , and
d isa ll ows banquets , receptions or conferences, and courtyard seating
beyond 36 .
From the beginning , it seemed like a good fit, to have a hotel in that
particular space , next to the oldest neighborhood in town. It would be a
place where people would be sleeping and perhaps sitting in the courtyard
to read a book or enjoy a little sunshine. The courtyard was never
conceived as an entertainment space .
In 1994 the town established its alcohol policy. In 1995 conditional use of
the TH was written . Because the courtyard wall would abut res idences , the
CUP wording was carefully constructed to ensure compatib ility with the
apartments and homes along Broadway. Because sound can bounce ,
ATTACHMENT 1 7
those considerations were made to help ensure a peaceful home life
throughout the neighborhood.
I've had experience with amplified sound in the TH courtyard. In about
2008 previous TH owners began ignoring the CUP and started holding loud
outdoor events. My windows would shake and the invasive sound inside
my house , with all my windows closed, would be louder than my tv. I would
call and ask them to lower the music, and someone at the desk would tell
someone in the courtyard to adjust the speakers. Sometimes that helped,
and sometimes they would turn them back up. By 2011 the whole
neighborhood became involved, and eventually the town and police
became so as well. The Toll House was ordered to apply to change their
CUP to match the use, which they attempted and then dropped. Without
the loud music, the loud events came to a halt.
It appears that in 2012, the TH property sold. In 2014 Jason Bogan became
property manager. In 2015 the town was exploring music and
entertainment policies. In early in 2016 the courtyard was remodeled,
according to Jason's letter of application. In June of 2016 the town adopted
the late night entertainment ordinance. And , in late 2016, the TH is again
petitioned to change the CUP to allow music and amplification .
Not only am I opposed to changes in the CUP, I would request that the TH
be held to the current CUP, in regards to seating and use. The CUP limits
courtyard seating to 36 . The plans for the remodel show about 85 seats.
The CUP specifically disallows banquets, receptions, or conferences . I
know one Los Gatan that has attended a corporate event. This person says
they hold corporate events all the time.
I am opposed to any change to the thoughtfully and carefully crafted CUP.
As it stands, and when it is abided by, it is appropriate for this location at
the extreme end of the business district and in proximity to the oldest
residential street and neighborhood in town.
Most sincerely,
Gail Randolph "
From: Gail Randolph [mailto:gailrandolph42@qmail.com]
Sent: Tuesday, February 21, 2017 11:48 AM
To: Council; Town Manager
Subject: For town council 2.21.17
I may have sent my letter to the wrong email address last week, before I left for 2 surgeries. Not sure if the Town
Council members received it. I hope it is in their packets for tonight, or that they can be given a copy today. I will
also mail to their individual email addresses. Thank you so much. Gail Randolph 42 Broadway LG 95030
From: Timothy [mailto:usm14@aol.com]
Sent: Tuesday, February 21, 2017 4:23 PM
To: Council
Subject: Toll House
Ladies and Gentleman of the Los Gatos Town Council.
As a resident of Los Gatos, I wanted to express my support of the Toll House Hotel 's application
to change th e ir CUP, allowing entertainment in their courtyard.
Sincerely,
Tim Perry, #37 Broadway
From: Dixie Fisher [mailto:dixiejfisher@qmail.com]
Sent: Wednesday, February 22, 2017 12:36 PM
To: Laurel Prevetti; Robert Schultz
Subject: Fwd: Requesting no change to the Toll House conditional use permit
Dear Laurel --and Robert (if I may since we have never met personally),
I am writing to thank you for your professionalism and the alternatives that you presented in last
night's Town Council meeting. I attended in support of my neighbors who live close to the Toll
House. I live 10 houses up the street, but as you may remember from my previous testimony to
the Town Council, I could hear and was disturbed by the previous owners' amplified music.
In September or October oflast year, I expressed to Laurel directly that I was really dismayed
that the Town Staff was directed to go to the Toll House to suggest that they seek a modification
to their CUP. I wish that the Town Staff had presented at least provided some context of previous
noise vio lations from the Toll House if not actually recommending against taking this step
(which I truly consider outrageous and egregio us). But we are where we are at this point and I
was delighted to observe a sense of impartiality and professionalism from Town Staff on this
issue at last night's meeting, which frank ly seemed absent to me in earlier discussions at Council
and Commission meetings.
One thing that strikes me that has not been addressed is the fact that the current Toll
House owners are reportedly currently violating its CUP in the numbers of people who are using
the outside courtyard. Shouldn't that perhaps be weighed in consideration of whether these
owners are truly attempting to be responsive and to comply? Laurel, can you have code
enforcement officers check on this?
In my 35 years of observing Los Gatos politics at close hand, I have seen many, many examples
of where Town Staff used their expertise to help the town officials consider the best alternatives
for the community. Thank you again for modeling that last night and I look forward to more as
discussions move forward.
Warm regards,
Dixie Fisher
74 112 Broadway
(forward in g my email to council members below)
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