Item 02 - 140 S. Santa Cruz Ave - Staff Report & Exhibits 10-13TOWN OF LOS GATOS ITEM NO: 2
PLANNING COMMISSION STAFF REPORT
Meeting Date: November 9, 2016
PREPARED BY:
APPUCA TION NO:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
APPLICATION
SUMMARY :
RECOMMENDATION:
PROJECT DATA:
North
East
South
West
CEQA:
Sally Zamowitz
szarn owitz@losgatosca.gov
Conditional Use Permit Application U-1 6-005
14 0 S. Santa Cruz Avenue (West side ofS. Santa Cruz Avenue
northerly of Wood Road)
LG Hotel LLC D .B.A. Toll House
Michael Mohr-Coo Met West Properties, LLC
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 .
DEEMED COMPLETE: August 19,2016
FINAL DATE TO TAKE ACTION: February 19,2017
Forward a recommendation to Town Counci l for approval of the
modification to the Conditional Use Permit.
General Plan Designation: Central Business District
Planned Development, C-2:PD
General Plan
Zoning Designation:
Applicable Plans & Standards:
Parcel Sizes: 1.8 acres
Surrounding Area:
Existing Land Use General Plan Zoning
Commercial Central Business District and C-2 and
Medium Density Residential R-ID:LHP
Commercial Central Business District C-2
Commercial Central Business District C-2
Residential Medium Density Residential R:PD and
R-ID:LHP
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California Quality Act,
Section 15301: Existing Facilities. No significant effect on the
environment will occur since the project uses an existing
structure with no increase in floor area.
Planning Commission Staff Report -Page 2
140 S. Santa Cruz Avenue/U-16-005
November 9, 2016
FfNDfNGS:
ACTION:
EXHIBITS:
• As required, pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act,
this project is Categorically Exempt, Section I 5301: Existing
Facilities .
• As required by Section 29.20.190 of the Town Code for
Conditional Use Permit modification.
Forward a recommendation regarding Conditional Use Permit
application U-16 -005 to the Town Council.
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
Previously received with September 14,2016 Addendum:
9. Public comment received between 11:01 a .m ., Thursday,
September 8, 2016 and 11:00 a.m., Tuesday, September 13,
2016
Received with this Staff Report :
10. Entertainment Noise Assessment, dated October 4 , 2016
(four pages)
1 I. Toll House public outreach and invitation (two pages)
12. Revised Recommended Conditions of Approval (one page)
13. Public comment received between I 1:01 a .m., Tuesday,
September 13, 2016 and 11 :00 a.m., Thursday, November 3,
2016
Planning Commission Staff Report-Page 3
140 S. Santa Cruz A venue/U-16-005
November 9, 2016
REMARKS:
On September 14, 2016, the Planning Commission considered the applicant's request and
requested a noise assessment for the proposed outdoor entertainment on the property. The
Commission continued the matter to their November 9, 2016 meeting to allow the applicant time
to commission and conduct a noise assessment. Exhibit 10 is a report on the entertainment noise
assessment conducted at the property on September 27, 2016. This report provides base line
co urtyard noi se level s at two locations (C 1 or C2, Figure 1) which the hotel can use to monitor
no ise level s during events, so as not to exceed the Town Noise Zone limits. The noise co ns ultant
will be available to answer questions about the assessment and analysis at the November 9, 20 16
meeting. Exhibit 12 consists of revised recommended conditions of approval to include a
condition requiring a permanent noi se monitor at one of the two locations.
RECOMMEN DATION :
Should the Planning Commission determine that the noise assessment adequately addresses the
noise concerns raised at the September 14, 2016 meeting, it can take the following actions to
recommend approval of CUP application U-16-005 to the Town Council.
1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of
the California Environmental Qua lity Act as adopted by the Town (Exhibit 2); and
2. Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a CUP (Exhibit 2); and
3. Recommend approval of CUP application U-16-005 to the Town Council with the
conditions contained in Exhibit 3 and the plans contained in Exhibit 6.
ALTERNATIVES:
If the Commi ssion has concerns with the proposed modification, it can:
1. Recommend that the Town Council approve the application with additional and/or
modified conditions of approval; or
2. Recommend that the Town Co uncil deny the application; or
3. Continue the application to a date certain with direction.
Prepared b y:
Sally Zamowitz, AlA, LEED AP
Planning Manager
App~{;ed b y:
Joel Paulson, AICP
Community Development Director
Planning Commission Staff Report -Page 4
140 S. Santa Cruz Avenue/U-16-005
November 9, 2016
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cc : LG Hotel, LLC , D.B.A. Toll House, 140 S. Santa Cruz Avenue, Los Gatos , CA 95030
Michael Mohr -Coo Met West Properties, LLC, 11100 Santa Monica Blvd., Ste. 1700, Los
Angeles, CA 90025
N:\DEV\PC REPORTS \2 016\SSC 140_11-09-16.docx
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4 October 2016
Jim Gerney
MetWest Terra
140 S Santa Cruz Avenue
Los Gatos, CA 95030
Email: jim.gerney@metwestterra.com
Subject:
Dear Jim:
Toll House Hotel, Los Gatos, CA
Entertainment Noise Assessment
Salter Project: 16-0588
ASSOCIATES INC.
130 Sutter Street
Floor 5
Sanfra~.CA
94104
T 415.397.0442
F .415.397.0454
WWW.CIIIIO~el'.~
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
Ambient Allowable Allowable
Time of Day Noise Level Weekday Noise Weekend/Holiday
(dBA) Level (dBA) Noise Level ( d BA)
6 am -1 pm 52 58 53
1 pm -10 pm 56 62 57
10 pm-6 am 51 I 57 52
I
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.
EXHIBIT 1 0
Acoustics
Audiovi5ucd
Tel01communications
Security
!30 Sull~r Stroo t
Floor 5
Sao\ Francisco. CA
Q4104
T 415.397.0442
F 415.3Q7.0454
Toll House Hotel
4 October 2016
ENTERTAINMENT NOISE
Entertainment Noise Assessment
Page 2
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
propert1es of concerned residents (Ll-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 EntertDinment Noise at Nearby Receiver Locations
Receiver Courtyard Noise Receiver Noise Level Attenuation
Location Level (C1) (dBA) (Ll-10) (dBA) (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, iabeled 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 Cl.
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 prn 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.
Charles M Salter
ASSOCIATES INC.
Acoustics
Audiovi$uol
Tell:!communications
Sec:vrity
130 Suttor Strooi
F!oer 5
Son Frtmc:iseo CA
94104
T 415..397.0442
F 4 15.397.0454
W'NW.cmsolter .co."''l
Toll House Hotel
4 October 2016
Entertainment Noise Assessment
Page3
Therefore, the entertainment noise may operate as high as 74 dBA at the Cl meter location (or 82 dBA
at the C2 location) while meeting the Noise Zone Limits at the most noise-sensitive location (LS).
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 ievei of 69 dBAat the Cl location (or 77 dBA at the C2 iocation) to meet tile 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 Cl
Time of Day Weekday Noise Weekend/ Holiday Noise
Level at Cl (dBA) Level at Cl (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.
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Blake M. Wells, LEED 00 Green Associate
Consultant
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Alexander Salter, PE
Principal Consultant
Charles M Salter
ASSOCIAT£S INC.
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ENTERTAINMENT NOISE
MEASUREMENT LOCATIONS
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CHAR LES M. SALTER ASSOCIATES, INC.
FOR ACOU STI CAL DESI GN INFORMATI ON ONLY
FIGURE 1
SALTER # BMW /AKS
16 -0588 10.0 4.16
9/19/16
Hello Neighbors,
w v
I wanted to take a moment to connect after attending the planning commission meeting on September
15th, 2016. We gained some vaiuable information regarding the modification of our Conditional Use
Permit and I wanted to thank everyone for taking the time to share their thoughts. First and foremost,
allow me to apologize for any lack of outreach. We clearly miss judged the magnitude of past concerns
and the previous owner's lack of reaction to them. For that, I am truly sorry, and I hope you will accept
my apology as it is intended. I am typically on property five days a week, and would like to extend an
open invitation to any and every one ~o come by and meet with me "offline" to share any concerns you
might have that did not get brought up on the 15th.
We were asked by the planning commission to conduct a sound study so that we may all understand the
impact of amplified. entertainment in our courtyard. By conducting this study, our goal is, and will
continue to be, to be respectful neighbors and good stewards in our community.
At the recommendation of the commission, we have sourced a reputable third party, certified sound
engineering company and will be conducting ambient sound tests beginning on Friday, September 23rd,
with decibel tests the following week. At this point, we are not only inviting our neighbors to join us,
but highly encouraging your participation. We are happy to have this company complete testing
specifically at your residence. If you would like to have these readings conducted beginning Friday,
please contact me directly at the number/email below. Again, we would love to have your input as we
look for a solution that will allow us to continue to live in harmony together.
Finally, hopefully you have, or will receive shortly an invitation to join us for a get together and open
house on the .evening of October 6th. i hope you will seriously consider attending. If so, RSVP
information is located on the bottom of the invitation. We look forward to sharing the results of the
decibel test, as well as welcoming everyone to our "home" so that we may get re-acquainted.
With Hospitality,
~e., /f-._-
Hotel Manage" Toll House ·Hotel
T: 408-395-7070, Direct: 408-884-1111
E: Jason.Boqan@metwestterra.com
tol!housebotelcom
140 South Santa Cruz Avenue I Los Gatos, California 9!1030 1 T 408395.7070 1 F 408395.3730
EXHIBIT 1 1
PLANNING COMMISSION-September 14, 2016
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
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 ofthe ChiefofPolice, 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. ENTER:rAINMENT. No lffilSie, eHtertaifHfteRt OF aiRfllified sol:lfld: shall ae allovted in the
eourtyanl.
7. ENTERTAINMENT. Entertainment before 10:00 p.m. in conformance with the Town
Policy Regulating Late Night Entertainment is allowed. Noise levels during
entertainment shall be monitored at location C1 or C2 according to the Entertainment
Noise Assessment, dated October 2016. completed by Charles M. Salter Associates Inc.,
so as not to exceed the Town Noise Zone limits.
N:\DEV\CONDITIONS\S. Santa Cruz 140_CUP Mod. DOC
EXHIBIT 1 2
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From: Robert Macartney [mailto:mac:xl37@comcast.net]
Sent: Saturday, September 24, 2016 10:22 AM
To: Planning
Subject: Toll House sound study and Commissioner Burch
Dear Commissioner Burch;
You are quoted in the September 23 J ,os Gatos Weekly Times as saying with regard to the
upcoming Toll House sound study: "I can reassure everybody that there is goi.11g to be a center
point and then they go out [and measure] in a radius . If it's 75 decibels at 25 feet from the source
it's going to be "X" at 200 feet from the source.".
The situation you describe can only be relied upon in a controlled laboratory environment. Sound
behaves as a wave and like light can be absorbed, reflected, and bent by obstacles it encounters.
It is possible that the environment of the Toll House courtyard could result in a very low
measurement at the center of Broadway across from a home and a much stronger level in the
yard of the home even though the yard might be_ a greater distance fromlhe source. Such effects
have been noticed in·relation to the sound walls placed ~ong freeways.
I would not be surprised by such results . We live ·on Broadway and sounds in our yard are often
louder than we would expect and seem to come from directions different from what we know to
be the actual origin.
As to the sound i~elf, it seems to me that sounds associated with a chamber music concert are
considerably different from those of a wedding even if the decibel level is the same.
Nevertheless, the sound study is important. Perhaps the results will obediently follow an inverse
square law but it's tricky to predict the results of a complex situation ahead of actual
measurement.
Thank you.
Sincerely,
Robert B . Macartney
65 Broadway
Los Gatos, CA 95030
408-355-4061
EXHIBIT13