January 6, 2004

SUBJECT:The San Jose Sabercats (Appellant/Applicant): Application for a 71-acre site located at 1095 Dunford Avenue in a PF (Public Facility) Zoning District (APN: 313-10-004)

REPORT IN BRIEF

On December 16, 2003 the City Council Agenda included an appeal by the Sabercats for a Use Permit for a practice tent. The item was heard at the public hearing and Council voted 6-0-1 in favor of the appeal with modifications to the conditions of approval, including the allowable duration for the tent.

On the morning of December 17, 2003 staff discovered an error in that the public noticing of the project did not occur prior to the hearing. Staff consulted with the City Attorney about the error. On December 18, 2003 staff recommended that Council hold a new public hearing on January 6, 2004, on this item so that the project can be properly noticed before the hearing.

The original staff report and the draft Council Minutes from December 16, 2003 Public Hearing are attached.

PUBLIC CONTACT

Notice of the appeal has been sent out to appropriate parties, including those who were noticed for the Administrative Hearing and Planning Commission public hearings or who attended a hearing.

RECOMMENDATION

Because the December 16, 2003 Council discussion did not include input from the neighbors, staff is maintaining the December 16, 2003 staff recommendation, which is to deny of the appeal and uphold the Planning Commission decision to deny the practice tent. 

Prepared by:

Erin Megan Walters
Associate Planner 

Reviewed by:

Trudi Ryan
Planning Officer

Reviewed by:

Robert Paternoster
Department of Community Development Director

Reviewed by:

Amy Chan
Acting City Manager

Attachments

A. December 16, 2003 Report to Council for Sabercat Use Permit
B. December 16, 2003 Draft City Council Public Hearing Minutes
C. Additional Emails from the Public Regarding the Application (pdf format)