Neighbors on Garfield Avenue have raised concerns about adequate parking and noise with the San Jose Planning Department. And city building code inspectors and Santa Clara County health officials said Saraniti has a lot more work to do before his restaurant can legitimately operate in downtown Willow Glen.

The building, former home of the hair salon Hairquarters, was completely remodeled into what Saraniti is calling a "light-duty cafe," a place that will include wine and beer. Saraniti applied for a liquor license in August, but it is still pending.

Whether the restaurant becomes operational depends on Saraniti's applying for and meeting the requirements necessary to receive the appropriate permits. Currently, according to the San Jose Planning Department, he has not done so.

Saraniti said, however, that he went to the San Jose Planning Department on March 30, 2004, with his building plans and submitted two copies. On March 31, he said he received a phone call from the city that led him to believe he could go forward with the remodel. According to the San Jose Treasury Department, Saraniti did apply and pay for a San Jose city business license on April 1. Saraniti said,"This led me to believe I had permits. That caused me to get the ball rolling."

San Jose Planning Department Senior Planner Carol Hamilton said she remembers discussing the "limitations of the conditional-use permit and parking" related to the 1057 Lincoln Ave. site with another planner, who was answering Saraniti's questions at the San Jose Planning Department information counter, but she doesn't recall the date.

She said she could not verify if a phone call approving Saraniti's plans was made. But she said he had not filed any permit applications with the planning or building departments to authorize the wrought iron fence encircling the property, the cafe's sign or the interior remodeling that has already been completed.

Hamilton said the last permit granted to the property was a conditional-use permit in 1979 to convert 310 square feet of the building to commercial use for a hair salon with the garage approved for parking.

A new conditional-use permit would be required to expand or change the business into a restaurant and to operate a wine bar, which Saraniti has already installed.

In addition, restaurants are required to provide one parking space for every 2.5 seats or 40 square feet. The proposed location does not have on-site parking, which is problematic. Hamilton said, however, that problem might be solved by leasing off-site parking. As of Sept. 27, Hamilton said Saraniti was not pursuing the necessary applications for the planning and building of a restaurant. She also said he was not seeking the required conditional-use permits to open a restaurant.

San Jose Code Enforcement inspector Bruce Kalin visited the site to determine if the business was compliant with city codes. Kalin said he found the Hairquarter's business operating out of the garage, which was an illegal use of that space. Sariniti's parents owned the hair salon and still own the property. His mother had moved the Hairquarters business into the garage.

Kalin also said that if the cafe opened, it would not be in compliance without the proper permits.

Saraniti, however, indicated to Kalin on Sept. 20 that he was not planning to open a restaurant.

Santa Clara County Environmental Health specialist Greg Labrador said that he talked to complainants and to Saraniti, because there had been a "misunderstanding" that the restaurant was open for business. However, Labrador informed residents, that was not the case.

"What the Willow Glen neighborhood couldn't figure out is how the restaurant could go in without approval," he said. "If they work clandestinely and cover the sign, we can miss it because San Jose is a big place. We rely on people to bring it to our attention. It is noncompliant and we're on top of it."

Labrador said that he told Saraniti that he cannot open until his permits are approved and that Saraniti asked what he needed to do.

Labrador said he told Saraniti that he needed to fill out an application detailing the restaurant's plans to the county environmental health department, have the place inspected and approved and send the plans to San Jose's Building Department before receiving the environmental health permit.

Labrador added that Saraniti had called him in August requesting information and Labrador had missed returning his call.

"He just didn't know the process," Labrador said. "He knew he needed to get our approval, but he wasn't sure how to go about it."

Labrador said that turning a hair salon into a restaurant shouldn't be an issue because it's "a pretty clean place and there are no traces of chemical problems."

"As long as he passes inspection, he can open," Labrador said. "But there are some issues that the city has with location and parking."

Saraniti, the former general manager at Beaver's Bar and Grill, said he wanted to create a different atmosphere than he experienced at his prior job.

"My boss at Beaver's wanted something different than I did," he said. "He was putting up nasty things. I didn't like facing people with something I had no control over."

After three months working at Beaver's, Saraniti quit because he wanted to create something from his own vision, he said.

His vision is a classy cafe that serves "fulfilling appetizers" and provides a small neighborhood hangout with a plasma TV and a casual atmosphere, Saraniti said.

However, not all the neighbors near the proposed location consider this idea a good one.

Although they were uncomfortable giving their names, several Garfield residents said they opposed the project because of the lack of parking and the application for a liquor license.

Other neighbors said parking wasn't an issue and they welcomed a new business.

"It's a cute place," Garfield Avenue resident Barbara Box said. "Parking is tight everywhere; you just have to deal with it."

Andy Boretto, who also lives on Garfield Avenue, said that after moving from San Francisco, he doesn't consider the parking to be tight in downtown Willow Glen.

"I'm just happy to see a business opening," Boretto said. "Anything we can walk to, I'm all for it."

As for the application for a permit to serve beer and wine at the location, Boretto said, "We've got liquor stores up and down the street."

Saraniti said that he expected many customers to be residents walking by the cafe and that he had the possibility of leasing parking from the Willow Glen Funeral Chapel or Goosetown Lounge on Lincoln Avenue.

"But I'm not going to stick my neck out if business is not going to be phenomenal," he said.

North Willow Glen Neighborhood Association Vice President Harvey Darnell said that he understood neighbors' concerns, but was disappointed that there are not more affordable parking solutions for small-business owners.

"Opening a restaurant is a lot of investment and it's tenuous," said Darnell. "I understand the neighbors' problems, but I think it puts him in over his head with financial commitments."

Darnell said he was concerned that parking requirements prohibit viable businesses from opening that could add to downtown Willow Glen.

"Unless it's a law office, a business is going to have parking issues," he said.

Willow Glen resident Diana Foss, who likes to shop and eat on Lincoln Avenue, said that she believes businesses have to be good neighbors by providing parking for customers and receiving all the required permits.

"But I hope that things work out and bring what looks like a very nice addition to the businesses on Lincoln Avenue," she said.

Willow Glen Business and Professional Association Executive Director Norma Ruiz said Saraniti automatically became an association member when he paid the assessment fees for Lincoln Avenue's Business Improvement District when applying for his business license.

The BID fees are a tax that the city collects and gives back to the business association for beautification, safety issues and promotion of downtown Willow Glen.

"Anybody can get a business license," Ruiz said. "You can operate a business out of your home, but you can't operate a restaurant without applying for permits. It's hard when people don't have experience."

Saraniti said District 6 Councilman Ken Yeager has contacted him multiple times to talk about the cafe.

"Yeager has concerns, but he's taken a look and says it's beautiful," Saraniti said.

Yeager acknowledges that he has seen the interior of the cafe and said it's beautiful, but "Vic can't seem to meet code. He has to meet all the city code requirements. Until then I can't support it."