To: HONORABLE MAYOR AND From: Stephen M. Haase[PL1]
CITY COUNCIL
Subject: SEE BELOW Date: November 6, 2003
COUNCIL DISTRICT: 5
SUPPLEMENTAL MEMO
SUBJECT: CP03-021. APPEAL OF THE PLANNING COMMISSION’S DECISION
TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW ENTERTAINMENT UNTIL 1:00 A.M. AT
AN EXISTING RESTAURANT.
BACKGROUND
Subsequent to the previous planning staff memorandum
to the City Council, on November 6th, staff received clarification
from the San Jose Police Department on its recommendation on this project for
the proposed hours of operation and entertainment for the subject Conditional
Use Permit for the Tacos Al Carbon restaurant.
The City Council Policy on the
Evaluation of 24-Hour Uses specifies that compatibility with surrounding land
uses should be assessed to determine if a 24-hour use or a use operating
between the hours of 12:00 midnight and 6:00 a.m. is appropriate for the
area. The assessment by the San Jose
Police Department is used as one measure of land use compatibility. The San Jose Police Department has
provided a clarification of its support
to allow: 1) after midnight operation to 2:00 a.m. Sunday through Thursday, and
to 3:00 a.m. Friday, Saturday and selected holidays; and 2) entertainment to
2:00 a.m. daily. The San Jose Police Department has determined
that with the above conditions, the proposed extended operation will not create
an adverse impact to law enforcement in this area. The Police Department is not in support of daily operation to
3:00 a.m.
STAFF RECOMMENDATION
Based on the City Council Policies on after midnight operation and nighttime entertainment and the recent clarification of the Police Department recommendation, staff recommends the City Council approve the Conditional Use Permit to allow the restaurant to have entertainment to 2:00 a.m. daily and to allow operation of the restaurant as follows:
Sunday-Thursday 7:00 a.m. to 2:00 a.m.
Friday and Saturday 7:00
a.m. to 3:00 a.m.
Selected Holidays (as proposed by the applicant and listed below) 7:00
a.m. to 3:00 a.m.
Selected Holidays include:
January 1st New
Years Day
January 5th Reyes
Magos Day
January
20th Martin
Luther King Jr. Day
February
2nd Day
of La Candelaria
February
14th St.
Valentine’s Day
February
(3rd Monday) President’s
Day
February
24th Flag
Day (Mexico)
March
17th St.
Patrick’s Day
March
21st Benito
Juarez Day (Mexico)
April
(varies) Palm
Sunday, Passover, Good Friday and Easter
May
1st Labor
Day (Mexico)
May
5th Batalla
De Puebla (Cinco de Mayo)
May
10th Mother’s
Day (Mexico)
May
(2nd Sunday) Mother’s
Day
May
(4th Monday) Memorial
Day
June
(3rd Sunday) Fathers
Day
July
4th Independence
Day
September
1st Labor
Day
September
16th Independence
Day (Mexico)
October
12th Dia
De La Raza
November
20th Day
of the Revolution (Mexico)
November
(4th Thursday, Friday and Sunday) Thanksgiving
Weekend
December 12th Day
of Virgin of Guadalupe
December 24th Noche
Buena/Christmas Eve
December 25th Christmas
Day
December 31st New
Years Celebration (Noche Vieja)
This recommendation would
be consistent with the applicant’s request and staff’s original recommendation
to the Planning Commission.
STEPHEN M. HAASE, DIRECTOR
Planning, Building and Code Enforcement
Attachments:
Email and Memorandum from the Police Department
C: Danny Hoady. P.O. Box 14173. Fremont, CA 94539.
Wayne Renshaw. 255 N. Market Street, Suite 252. San Jose, CA 95110.
Amparo Guizar. 1733 Story Road. San Jose, CA 95112.