Attachment 18ATTACHMENT 18
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 seeksrequests 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.; and
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 and as discussed within the September 14, 2016 Planning
Commission Staff Report.; and
Draft Resolution to be
modified by Town
Council deliberations
and direction.
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on February 21, 2017,; and 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 its meeting on February 21, 2017, along with any and all subsequent reports and materials
prepared concerning this application.; and
WHEREAS, the Town Council approved the application subject to modified conditions
and continued the item to March 7, 2017 to allow for revisions to in order to review the Draft
Resolution, and the Conditions of Approval attached hereto as Exhibit A ., Additionally, the
Council’s action required the preparation of an and the Operating Agreement attached which is
included hereto as Exhibit B.
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 and Noise
Ordinance .which allows entertainment that complies with the currently adopted
noise ordinance by right before 10:00 p.m.; and
3. The proposed use as conditioned by the provisions of the CUP and Operating
Agreement attached hereto as Exhibits A and B 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.
C. The CUP, as modified, is in conformance with Planned Development Ordinance
2058.
D. That the proposed projectuse 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 requested modification to anthe 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 Town Manager is authorized to sign the Operational Agreement attached hereto
as Exhibit B and which must be executed prior to allowing any entertainment occurring on the
property as allowed under the modified CUP . The Town Manager is further authorized to
approve any modifications to the Operat ingional Agreement consistent with Town Codes and
policies.
4. The decision constitutes a final administrative decision pursuant to California Code
of Civil Procedure sSection 1094.6 as adopted by sSection 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 California Code of Civil Procedure
section 1094.6, or such shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of March, 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
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. Entertainment before 10:00 p.m. in conformance with the Town Policy
Regulating Late Night Entertainment is allowed by the operator, pursuant to the approved
Operating Agreement.
EXHIBIT A
This Page
Intentionally
Left Blank
1
TOLL HOUSE OPERATING AGREEMENT TO ALLOW
ENTERTAINMENT AT 140 S. SANTA CRUZ AVENUE
This OPERATING AGREEMENT ("Agreement") is dated for identification this 7th day of
March 2017, the terms of which are agreed to by Michael Mohr, Coo and Metwest
Properties LLC and LG Hotel LLC dba Toll House (hereinafter collectively referred to
as “Toll House”) and approved by The Town of Los Gatos (hereinafter “Town”) and made
in conjunction with Conditional Use Permit U-16-005, issued by the Town to Toll House.
RECITALS
WHEREAS, Toll House is a hotel and restaurant establishment located at 140 S.
Santa Cruz Avenue in Los Gatos (APN 510-45-064 AND 065), property zoned C-2:PD; and
WHEREAS, the existing Conditional Use Permit (CUP) allows the restaurant to offer
outdoor dining until 10:00 p.m. on the patio, overlooking the hotel’s central outdoor
courtyard, but prohibits any music, entertainment or amplified sound in the courtyard; and
WHEREAS, on March 7, 2017, the Los Gatos Town Council approved Conditional
Use Permit U-16-005 for a modification to the existing Toll House CUP to allow for
entertainment in the courtyard before 10:00 p.m., subject to certain conditions of approval;
and
WHEREAS, Conditional Use Permit U-16-005, Condition No. 7 requires Toll House
to enter into an Operating Agreement, which would further define and impose operational
limitations, responses, and remedies for the Town to employ as necessary to insure that the
entertainment at the Toll House does not negatively impact the health, safety, and welfare of the
Town; and
WHEREAS, Toll House recognizes that Toll House has no vested right for the
allowance of entertainment at the Toll House and that this Operating Agreement, coupled
with the CUP U-16-005, memorializes the terms and conditions under which Toll House is
allowed to have entertainment in the courtyard before 10:00 p.m.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties agree as follows:
1. The foregoing Recitals are incorporated into this Operating Agreement.
2. Toll House is allowed to have entertainment before 10:00 p.m. on Friday,
Saturday, and Sunday in conformance with the Town Policy Regulating Late Night
Entertainment and pursuant to the terms and conditions of this Operating
Agreement. Toll House entertainment allowed by this Operating Agreement shall
not be the primary use at any time and is only allowed as an ancillary use and at no
time shall the Toll House offer any stand-alone entertainment. For the purposes of
this Operating Agreement, entertainment includes, live music both instrumental
2
(no percussion) or vocal, amplified music or sound that is associated with
weddings, banquets, corporate or family gatherings and restaurant associated
activities.
3. Toll House shall have on site during any entertainment event a Manager who
would will serve as a point of contact between Toll House and the surrounding
neighborhood and members of the public. The Manager’s name and contact
information will be accessible to members of the public, by telephone and on the
Toll House website. Toll House shall keep a log with the date and time of any
noise complaints by the surrounding neighborhood and any actions taken pursuant
to a complaint. This log will be made available to Town Staff upon request.
4. Toll House shall install two permanent noise monitoring devices of an agreed-
upon type at the locations set forth in the attached Noise Assessment, dated
October 4, 2016, completed by Charles M. Salter Associates Inc. for the purpose of
monitoring noise levels during entertainment events at the Toll House. This
equipment will be set to monitor decibel levels of sound during Toll House
entertainment events and shall be maintained and calibrated to industry standards.
This equipment shall be capable of recording, storing, and retrieving data by date
and time of the decibel levels of sound. If at any time during an entertainment
event, decibel levels exceed the levels set forth in Paragraph 5, a noise file will be
emailed to the on duty Manager’s smartphone to allow for immediate adjustment
of amplification equipment to reduce sound levels to no more than the allowed
maximum provided in Paragraph 5. In addition, the on duty Manager shall
immediately forward monitoring results documenting levels above the limits set
forth in Paragraph 5 to the Town Manager of Los Gatos. Toll House shall also
provide a copy of all the monitoring results to the Town within 4 business days of
any entertainment event.
5. Toll House agrees that the decibel levels recorded by the two permanent noise
monitoring devices shall not exceed the amounts set forth in the attached Noise
Assessment, dated October 4, 2016, completed by Charles M. Salter Associates
Inc. as follows:
A. Entertainment events occurring from 1:00 p.m. to 10:00 p.m. on
weekdays shall operate at a maximum level of 74 dBA at the C1
location and 82 dBA at the C2 location in order to meet the required
Town Noise Zone Limits.
B. Entertainment events occurring from 1:00 p.m. to 10:00 p.m. on
weekends and holidays shall operate at a maximum level of 69 dBA
at the C1 location and 77 dBA at the C2 location in order to meet the
required Town Noise Zone Limits.
6. In the event Toll House exceeds the maximum level of dBA set forth in
Paragraph 5 during an entertainment event that results in a noise complaint within
3
15 minutes of the exceedance, the Toll House shall receive a written warning. The
second separate and subsequent entertainment event that results in a noise
complaint within 15 minutes of the exceedance shall result in a fine of $500.00 for
that entertainment event. The third and any separate and subsequent entertainment
events that result in a noise complaint within 15 minutes of the exceedance shall
result in a fine of $1,000.00 for that entertainment event.
7. Toll House agrees that in addition to decibel levels set forth in Paragraph 5
above, the decibel levels at any point outside the property plane shall comply with
the requirements set forth in the Town Noise Ordinance and Town Noise Maps.
At no time shall any entertainment originating from any part of the business create
a public nuisance as defined under Town Code and State Law.
8. Toll House shall include the terms of this Operating Agreement and the
requirements of the Town’s Noise Ordinance into any contract for entertainment.
In addition, any contract for entertainment shall require that all entertainment
instruments and equipment shall only be setup on the north end of the courtyard
with the sound system facing south (i.e., inwards towards the hotel).
9. In the event Toll House violates or fails to comply with this Operating
Agreement or any Conditions of Approval of this permit, the Toll House must
cease operation of the noise source immediately if there is an exceedance in the
maximum level of dBA set forth in Paragraph 5 during an entertainment event
until such time that additional measures are implemented to eliminate the noise
violation exceedance. Such additional measures include but are not limited to,
speaker reduction, speaker placement, noise dampening, or any other solution
to remedy the problemexceedance. In addition, the Town Manager may amend
the conditions of this Operating Agreement if changes are needed to address
any issues which the current conditions do not fully address.
10. In addition to Paragraph 9, this Operating Agreement and Condition of
Approval No. 7 may be revoked, suspended or modified by the Town Council,
at any time, whenever, after a noticed hearing, the Town Council finds that
three violations of this Operating Agreement have occurred that cannot be
remedied through implementation of additional measures and conditions to
eliminate additional violations.
11. In addition to paragraph 9 and 10, this Operating Agreement and CUP
Condition No. 7 shall be reviewed by the Town Council at a noticed public
hearing on November 7, 2017, to ensure on-going compliance with this
Operating Agreement the conditions of approval and to ensure that the Toll
House is being operated in compliance with Town Code and State Law. out
detriment to the surrounding neighborhood. At this annual hearing, the Town
Council may revoke, suspend or modify CUP Condition No. 7 of this
Operating Agreement in order to address any issues related to entertainment at
the Toll House. The costs associated with this public hearing shall be borne by
4
the Toll House.
12. Toll House understands and agrees that this Operating Agreement and CUP
Condition No. 7 does not now, nor will it in the future, establish any vested
rights for the allowance of entertainment and does not run with the land. Toll
House agrees that this Agreement shall be disclosed to any prospective
purchaser, assignee, or subtenant of Toll House and any purchaser, assignee, or
subtenant of Toll House must re-execute this Agreement before the allowance
of any entertainment.
13. Toll House agrees to defend, indemnify, and hold harmless the Town or any of
its boards, commissions, agents, officers, and employees from any claim, action or
proceeding against the Town, its boards, commissions, agents, officers, or
employees to attack, set aside, void, or annul, the approval of the project. The
Town shall promptly notify the applicant of any such claim, action or proceeding.
The Town shall have the option of coordinating the defense. Nothing contained in
this condition shall prohibit the Town from participating in a defense of any claim,
action, or proceeding if the Town bears its own attorney’s fees and costs, and the
Town defends the action in good faith.
14. To the extent of any conflict between the Town Policy Regulating Late Night
Entertainment and this Operating Agreement, real or alleged, this Operating
Agreement shall control.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
herein above set forth.
TOWN OF LOS GATOS MICHAEL MOHR
___________________________ ___________________________
Laurel Prevetti Michael Mohr
Town Manager
COO AND METWEST PROPERTIES LLC LG HOTEL LLC DBA TOLL HOUSE
___________________________ _____________________________
By: By:
APPROVED AS TO FORM:
____________________________
Town Attorney
4 October 2016
Jim Gerney
MetWest Terra
140 S Santa Cruz Avenue
Los Gatos, CA 95030
Email: jim.gerney@metwestterra.com
Subject: Toll House Hotel, Los Gatos, CA
Entertainment Noise Assessment
Salter Project: 16-0588
Dear Jim:
This letter summarizes the results of our entertainment noise assessment for proposed outdoor events
at the Toll House Hotel in Los Gatos. The purpose of this study was to measure typical entertainment
(music) noise at nearby residential properties and determine a music operating level necessary to meet
the City standards. This letter summarizes our findings and recommendations.
ACOUSTICAL CRITERIA
Town of Los Gatos Code of Ordinances
The Town of Los Gatos Code of Ordinances addresses Noise in Chapter 16. According to
Section 16.20.015:
No person shall cause, make, suffer or allow to be made by any machine, animal, device or
any combination of same in a residential zone, a noise level more than six (6) dB above the
noise level specified for that particular noise zone, as shown on the Noise Zone Map, during
that particular time frame, at any point outside of the property plane.
Additionally, the Noise Zone Map specifies the subtraction of 5 dB for weekends and holidays. The
noise levels specified for the zone in which the Toll House Hotel and surrounding properties are located
are listed in Table 1.
Table 1: Town of Los Gatos Noise Zone Limits
Time of Day
Ambient
Noise Level
(dBA)
Allowable
Weekday Noise
Level (dBA)
Allowable
Weekend/Holiday
Noise Level (dBA)
6 am – 1 pm 52 58 53
1 pm – 10 pm 56 62 57
10 pm – 6 am 51 57 52
We understand that entertainment noise from events would stop at 10 pm. Therefore, the allowable
noise limits vary between 57 and 62 dBA, depending on the day of the week.
Toll House Hotel Entertainment Noise Assessment
4 October 2016 Page 2
ENTERTAINMENT NOISE
We visited the site to measure entertainment noise on 27 September 2016. One DJ was setup on the
north end of the courtyard with two speakers facing south (i.e., inwards towards the hotel). One noise
monitor remained stationary in the courtyard of the hotel at a prospective location for a future
permanent noise monitor (C1). Spot measurements were taken at surrounding locations, including the
properties of concerned residents (L1-10). The nearest residential property line is shown as location
L6. The time periods of the spot measurements were synchronized with the stationary noise monitor to
determine the amount of noise reduction at each receiver location.
Table 2 shows the measured noise levels at each receiver location. The source (courtyard) noise level
varies as different types of music were played. See Figure 1 for measurement locations.
Table 2: Measured Entertainment Noise at Nearby Receiver Locations
Receiver
Location
Courtyard Noise
Level (C1) (dBA)
Receiver Noise Level
(L1-10) (dBA)
Attenuation
(dBA)
L1 69 53 16
L2 69 48 21
L3 72 47 25
L4 65 44 21
L5 70 54 16
L6 67 53 14
L7 72 57 15
L8 73 61 12
L9 70 47 23
L10 72 49 23
An additional measurement was made near the center of the courtyard, labeled C2 in Figure 1, and
may offer an alternative future noise monitoring location for the owners. This measurement shows that
simultaneous noise levels at C2 are 8 dB higher than at location C1.
The amount of attenuation at each receiver location should remain constant. The receiver noise level
at each location is directly proportional to the courtyard noise level.
ANALYSIS
As shown in Table 2, all of the measured entertainment noise levels meet the allowable weekday Noise
Zone Limits from 1 pm to 10 pm (i.e., 62 dBA). We understand the hotel will monitor noise levels
during events and adjust the volume as needed so as not to exceed the Town Noise Zone Limits.
Toll House Hotel Entertainment Noise Assessment
4 October 2016 Page 3
Therefore, the entertainment noise may operate as high as 74 dBA at the C1 meter location (or 82 dBA
at the C2 location) while meeting the Noise Zone Limits at the most noise-sensitive location (L8).
However, with the subtraction of 5 dB for weekends and holidays, as stated in the Town of Los Gatos
Noise Zone Limits, events occurring from 1 pm to 10 pm on weekends and holidays should operate at
a maximum level of 69 dBA at the C1 location (or 77 dBA at the C2 location) to meet the required
Noise Zone Limits.
If events are scheduled to occur outside of the 1 pm to 10 pm time frame on either weekdays or
weekends/holidays, entertainment noise levels should be adjusted accordingly, as shown in Table 3.
Table 3: Allowable Entertainment Noise Levels at Location C1
Time of Day Weekday Noise
Level at C1 (dBA)
Weekend/Holiday Noise
Level at C1 (dBA)
6 am – 1 pm 70 65
1 pm – 10 pm 74 69
10 pm – 6 am 69 64
* * *
This concludes our entertainment noise assessment for the Toll House Hotel project. If you have any
questions or comments, please give us a call.
Sincerely,
CHARLES M. SALTER ASSOCIATES, INC.
Blake M. Wells, LEED® Green Associate Alexander Salter, PE
Consultant Principal Consultant