November 16, 1997
To: San Jose Planning Commission, fax 408/277-3250
Re: Willow Glen Billiards and Brew, request for 2:00 am closing, seven days a week
Dear Commissioners:
Representatives from Willow Glen Billiards and Brew attended our October 8th WGNA Board Meeting to inform us that they planned to request a change in their Conditional Use Permit which would allow them to stay opened until 2:00 am on a nightly basis. Our board then sought input from the residents to gather information on this issue. Residents on Blewett and Meredith Avenues, as well as other members of the neighborhood, have offered comment. Following are points derived from public input:
1. Our contact with the neighborhood indicates that few people have experienced negative impact from Billiards and Brew over the past three months. Those living directly behind the establishment have concerns about noise and WGNA arranged a meeting between two residents and the management. Following are the mitigating proposals offered by Billiards and Brew:
A. valet parking on Thursday, Friday and Saturday nights to prevent parking in the back of Billiards and Brew
B. a promise to talk to employees about noise in order to lessen after hour disturbances
C. the installation of signs to warn patrons of parking regulations
D. an assurance by Billiards and Brew that neighbors could call them at any time if noise became a problem.
2. As you will notice from their letter sent to the Planning Commission, numerous Meredith Avenue residents have expressed concerns about allowing the requested CUP change. The objections of those living on Meredith center around parking problems and the consideration of precedents set on the Avenue. The WGNA Board believes their issues merit attention. Because of discussions held with neighbors and our own thoughtful debate, we have concerns of our own. We are asked to make a decision based on a performance of four months. The decision to grant this CUP request cannot be made solely on whether there has been any major problems thus far, especially given the short time period. We feel that a plan demonstrating good faith and enforcement provisions is the responsibility of Billiards and Brew. The Board offers the following for consideration:
1. Billiards and Brew has stated that they will prevent customer parking at the rear of the building through the use of valet parking and signage. Unless these measures are written into the Conditional Use Permit, there is no guarantee that they will be effective or, in the case of valet parking, maintained after a period of time.
2. We believe that residents are entitled to relative peace and quiet Sunday through Thursday, and are concerned that the no smoking regulations about to go into effect in January will result in patrons congregating outside to smoke. The entrance to Billiards and Brew is only 150 feet from the nearest residents.
3. Finally, there is the matter of precedence. As community members interested in planning that is done well, we think about the path that is paved as decisions are made. It has been about 10 years since a plan for the Willow Glen Business District has been addressed. What precedent is set if Billiards and Brew is allowed to operate until 2:00 am, seven days a week? Lincoln Avenue is a one street business district surrounded by neighborhood. To learn from others is important. Do we want the problems that small business districts have experienced when opening the door to late night bars? A few night establishments can enhance a district but where and how will the line be drawn?
These questions lead to the conclusion that our community, both business and neighborhood elements, needs to come together to discuss a plan for the future before piece meal planning dictates the future for us. The need for a balanced plan for Lincoln Avenue is evident.
Because of the above concerns the Willow Glen Neighborhood Association Board does not support a CUP change of this scope which offers little or no safeguards to the residents. In recognizing Willow Glen Billiards and Brew's efforts to resolve issues with the community, the Board will not object to a 2:00 am closing time for Friday and Saturday operations. Furthermore, we believe that should a CUP change be granted, the mitigations, conditions and methods of enforcement offered to the neighbors need to be written into the permit.
Sincerely,
Kris Cunningham, WGNA President
cc: Councilmember Fiscalini