Item 05 - 140 S. Santa Cruz Ave - Addendum & Exhibit 9TOWN OF LOS GATOS ITEM NO: 5
ADDEND UM PLANNING COMMISSION STAFF REPORT
Meeting Date: September 14, 2016
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNE R:
APPLICATION
SUMMARY:
EXHIBITS:
REMARKS :
Sally Zamowitz
szarn ow it z@losgatosca.gov
Conditional Use Permit Application U-16-005
140 S. Santa Cruz Avenue (West side ofS. Santa Cruz Avenue
northerly of Wood Road)
LG Hotel LLC D.B.A. Toll House
Michael Mohr -Co o MetWest Properties, LLC
Requesting a modification to an existing Conditional Use Permit
to allow entertainment before 1 0 :00 p.m. on property zoned
C-2:PD. APNs 510-45-064 and -0 65.
Previously received with September 14, 2016 Staff Report:
1. Location Map
2. Findings (one page)
3 . Recommended Conditions of Approval (one page)
4. Existing Conditions of Approval (two pages)
5. Project Description and Letter of Justification, received June
30, 2016 (two pages)
6. Plans and photos, received June 30, 2016 (seven sheets)
7 . Policy Number 1-03 Regulating Late Night Entertainment,
dated June 22,2016 and Council Agenda Report, dated
June 13 , 2016 (seven pages)
8. Public comment received by 11 :00 a.m., Thursday,
September 8, 2016
Received with this Addendum Report :
9. Public comment received between 11:01 a.m., Thursday,
September 8, 2016 and 11:00 a .m., Tuesday, September 13 ,
2016
Exhibit 9 includes public comment received between 11 :01 a.m., Thursday, September 8, 2016
and 11:00 a.m., Tuesday, September 13 , 2016.
Planning Commission Addendum Report -Page 2
140 S. Santa Cruz A venue/U-16-005
September 14, 2016
Prepared by:
Sally Zamowitz, AlA
Planning Manager
~/J f\pproved by:
Joel Paul son, AICP
Community Development Director
JP:SZ:cg
cc: LG Hotel , LLC, D.B.A. Toll House, 140 S. Santa Cruz Avenue, Lo s Gatos , CA 95030
N:\DEYIPC REPORTS\20 16 \SSC 140 -Addcn.docx
Sally Zarnowitz
From:
Sent:
To:
Subject:
MikeV < mikeverga@yahoo.com >
Thursday, Se ptember 08, 2016 4 :30 PM
Sally Za rnowitz; Marice Sayoc; Stev en Leonardi s; BSpe ctor; Marcia Jensen ; Rob Rennie
Tollhouse CUP
To : Los Gatos Planning Commission and Town Council
We , the undersigned Broadway neighbors, have been recently informed that the Tollhouse hotel has
requested a change to their Conditional Use Permit to allow entertainment in their outdoor courtyard .
This is expressly forbidden, and for good reason . The Tollhouse is situated in a residential
neighborhood. Any entertainment in their outdoor courtyard would have a severe negative impact on
the Tollhouse neighbors. We know this first hand , when in the summer of 2011, the Tollhouse
violated their Conditional Use Permit and held live entertainment outside . This included live bands,
weddings and other banquet and reception activities, all of which, are expressly forbidden in the CUP .
It was a noisy and stressful time.
We therefore express a strong desire to NOT allow any changes to their CUP .
In the request for a change to their CUP, the Tollhouse indicated that in 1994, when the CUP was put
into place, that it was a different time. Well not for us! The homes and apartments are still here , we
are still physical neighbors with the Tollhouse and have no desire to return to the noise that
accompanied the summer of 2011.
Thank You
Mike and Gillian Verga
46 Broadway Ave
Claire Leclair
50 Broadway Ave
Gail Randolph
42 Broadway Ave
Warren and Maria Ristow
85 Broadway Ave
Lori Baker and Brad Forcier
45 Broadway Ave
Athena Puglise
44 Broadway
Mike and Kim Wasserman
68 and 72 Broadway Ave
Larry and Kim Lenhart
30 Broadway Ave
Dixie Fisher
74 Broadway Ave
Margaret Bielski and Bob Mccartney
65 Broadway Ave
EXHIBIT 9
1
Planning
From:
Sent:
To:
Subject:
Maria Ristow < r is tows@ comcast.net>
M o nday, Se ptember 1 2, 2016 10:00 AM
Planning
To ll Ho u se CUP
Los Gatos Town Planning Commission,
We ask you to deny the Toll House request to alter their CUP. The existing CUP prohibits music,
entertainment, or amplified sound in the courtyard . This restriction was put in place when the
courtyard was constructed many years ago, and the location of the Toll House and its patio have not
changed .
We are quite in favor of live music downtown, but some businesses are located in better places for
this than others. There are very few businesses with a prohibition against music or entertainment,
and the Toll House is one of them . This was a given before the Toll House changed ownership.
Our new Town policy on entertainment allows live music where it is not expressly denied in the
CUP . Many businesses are now able to provide such entertainment, and this will benefit the entire
downtown .
As permits for outdoor dining and live entertainment in our Town are expanded, it is important to note
not all venues are appropriate. The Toll House patio , with its proximity to an adjacent residential
neighborhood, is perfect for passive use and not appropriate for entertainment. Please retain the
conditions under which this hotel and patio were permitted to be constructed.
Thank you ,
Maria and Warren Ristow
85 Broadway
M aria Ristow
L os Gato s Community A llian ce
1
42 Broadway
Los Gatos, CA
95030
Planning Commission
Los Gatos, CA
95030
Dear Planning Commission ,
RECEIVED
SEP 12 2016 R.ee.ti.-u~&, I.Z:oSPA! ·
TOWN OF LOS GATOS~
PLA NNING D!VI StON
I am notified that the Verge Restaurant of the Toll House Hotel has petitioned to allow music,
entertainment and amplified sound in the courtyard. I am opposed to any change to their CUP.
As of now, the TH original CUP disallows music, entertainment or amplified sound , and
disallows banquets, receptions or conferences, and courtyard seating cannot exceed 36.
I've lived at #42 Broadway since 1975, before the Toll House was built in 1983 (and later
expanded). I participated in meetings and decision making processes before the building and
use was approved . It seemed like a good fit , to have a hotel in that space. 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.
In 1994 the town established its alcohol policy. In 1995 conditional use of the TH use was
written. Because the courtyard wall would abut residences, the CUP wording was carefully
constructed to ensure compatibility with the apartments and homes along Broadway. Because
sound can bounce , 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 w indows would
shake and the invasive sound inside my house, with all my wi ndows closed , would be louder
than my tv. I would call and ask them to lower the music, and someone at the desk would tell
so meone 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 thei r 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 , now, in late 2016, the THis again petitioning 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
remode l 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 eve nts 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