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Planners say SJ Symphony violated code
By Kara Chalmers
The Saratoga Planning Commission approved a permit on May 10, allowing the San Jose Symphony Auxiliary to operate its annual fundraiser, Showcase 2000, which began on May 6.
Some of the commissioners said they did not want to let the auxiliary, which was late submitting an application for the permit, off the hook so easily.
The commission asked Community Development Director James Walgren to investigate whether the symphony put signs up before the permit was issued. If he discovers they were, he could fine the auxiliary a minimum of $250.
For the last 23 years, the auxiliary has run the Showcase fundraiser, which converts a single-family home--often in Saratoga or Los Gatos--into a temporary showcase of professional Bay Area interior and exterior designers' work. Tickets to view the showcase home, which this year is located off Fruitvale Avenue in Saratoga, cost $20. All money is donated to the symphony.
In Saratoga, organizations must submit applications for temporary use permits 30 days in advance of an event, according to a city ordinance. The auxiliary submitted its application to the city about one week late, so the Planning Commission could not approve it at one of its regular meetings in time for the event to start.
According to Walgren, signs signify the beginning of an event, and are not allowed to be put up on city streets without a city-issued temporary use permit.
The president of the auxiliary, Kay Eshleman, said she did not know about the deadline for the application and that there was a lack of communication between the group and the city.
"I didn't do it deliberately," she said.
Because Eshleman submitted the permit application too late to be approved by the commission, Walgren administratively issued a ten-day permit, so that the event could start on May 6--the date displayed on all the promotional materials.
On May 10, the commission extended the permit until June 4.
While some commissioners supported issuing the organization a $250 fine, other commissioners said they wanted to be flexible and noted that any money taken for a fine would directly affect the symphony.
According to Commissioner Margaret Patrick, the organization had been warned in the past, and Commissioner Cynthia Barry suggested that the city should enforce its rules if it wants people to follow them.
But Commissioner Erna Jackman said the commission should give the auxiliary a warning.
According to Walgren, the city has not received any complaints about the event from neighbors. This year, the auxiliary organized a parking and shuttle service from Sacred Heart Church on Saratoga Avenue to the home to allay parking and traffic worries in the residential neighborhood
At the time of publication, Eshleman said she had not yet received a bill for a fine from the city.
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Saratoga, California Since 1955
