September 21, 1998

To: San Jose City Planning Commission

RE: Garden Theater, Permit Compliance Review

On September 9th, the Willow Glen Neighborhood Association Board voted to support the request of Meredith Avenue neighbors that the conditions of the Garden Theater Site Development Permit be implemented without delay.

The requirements of the permit were established in cooperation with many of these same Meredith Avenue homeowners. The intention was to protect this narrow residential street from the impacts of the Garden Theater development. While WGNA is aware that ownership has changed and while we empathize with the present proprietor's frustration, we also understand that permits follow the use of the land. In good faith, neighbors sat at the table with the Planning Department and Garden Theater and felt a fair and equitable agreement had been met. Because a number of the conditions were not put in place, Meredith residents have become disenchanted and leery of the City's planning process and enforcement procedures. This is understandable. To correct this perception, we endorse a firm Planning Commission stand on the conditions of the Site Development Permit.

The Association Board is also concerned with the additional traffic which will be directed into the carport area of the apartments to the northwest of Garden Theater. It is noted that an easement is indicated on the Master Site Plan map (included in the original Site Development Permit file). This suggested easement goes through the present undeveloped property which is located just east of the apartments. In an effort to mitigate increase traffic on the east side of the apartments, the Board asks that this easement plan be implemented as soon as possible.

The Meredith Avenue residents have pursued these matters in an organized and appropriate manner. It is because of their persistence in garnering the support of Councilmember Fiscalini's Office and the assistance of helpful Planning and Code Enforcement Staff, that these issues of noncompliance are now being addressed. The Willow Glen Neighborhood Association requests that the Planning Commission stipulate compliance with the Garden Theater Site Development Permit. By doing so, both the fairness of adhering to an agreement and the trust between residents and our city representatives, can be fostered.

Kris Cunningham, WGNA President