The Willow Glen Resident

Theater owners still haven't met conditions of permit

Planners table issue again as neighbors voice their protests

By Cecily Barnes

When the city of San Jose handed former property owner Richard Alley permits to operate restaurants and retail shops inside the Garden Theater nine years ago, it was on the condition that he take certain actions to protect neighbors from bright lights, smelly trash and a congested parking lot. Four of the promised actions were never taken. Speed bumps and tire grates were never installed to prevent speeding in the parking lot. Light posts were not shaded to keep bright light from shining into homes. The trash bin was never secured, and Alley failed to build a traffic easement out to Willow Street.

At the Planning Commission's Sept. 23 meeting, more than 20 Willow Glen residents stormed the chambers, angrily questioning how it was that nearly a decade had gone by and these permit conditions had been ignored.

"We don't understand why the city, who agreed to all these conditions in April 1989, is not holding up to it," said Willow Glen resident Peggy Rossignol.

"I'm not only disappointed," Bruce Campisi said, echoing the sentiment of his neighbors. "I'm disgusted."

To make matters worse, the commission didn't hear the matter until 10 p.m., three hours after the meeting started. At that time, planner Carol Hamilton gently told the audience the matter would have to be rescheduled to Nov. 4 because one of the violations--an easement that should have been built from the parking lot to Willow Street--was accidentally left off the list. Many neighbors opted to speak anyway.

"We've waited nine years for this to take place," Kathy Shanley fumed. "We've waited three hours tonight. And now you're telling us to go home?"

Despite the late hour and shared frustration, neighbors promised they would be back. "We'll have to come back here in a month and a half, sit for a long time and tell you our views again," Chris Rayl said angrily. "We will do that, because we are committed."

Planning commissioners nearly tripped over each another to apologize to residents and assure them that the matter would be handled. They promised to place this issue first on the Nov. 4 agenda and deal with the matter seriously.

"We hold a very hard line with applicants, and any issues will be dealt with very strongly," commissioner Brian Grayson said. "I realize that doesn't help you folks for the past 9 1/2 years."

Advising attorney Brian Doyle warned Garden Theater property owner Luis Tsigarus that he better be in compliance before the next meeting.

"The only reason we're not revoking your site development permit tonight is because that issue [about the easement] is not in the paper," Doyle said. "If that one little phrase was in the order to show cause, that's what would have happened. This is something you've been obligated to do since you bought the property, which means getting a workable access across that property by November."

Tsigarus apologized to the neighbors, explaining that he only purchased the property recently. When contacted by phone after the meeting, Tsigarus refused to confirm how long he has owned the property. "Not that long," he said.

At the meeting, planning commissioners were unsympathetic to Tsigarus, since new owners are required to comply with permits attached to the purchased property.

Ron Giomi, believed to be the leasing agent for the Garden Theater, has been involved with the project since the beginning. In a permit application dated October 1990, Giomi is listed as the contact person for the Garden Theater application. He has refused to comment about why the requirements were not met. He also would not confirm his role as leasing agent for the Garden Theater. Building tenants, however, report that Giomi is the person who arranged their leases.

According to Bill Koenig, district manager for the California Department of Real Estate, leasing agents must fulfill one of two requirements. "They either have to own the building or be a real estate licensee," Koenig said. Records with the California Department of Real Estate show that Giomi's real estate license expired in 1985.

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