Planning Director's Hearing Approves Off-Sale Alcohol Permit at Silver Creek Valley Place on March 17, 2026
San Jose Planning Director's Hearing – March 17, 2026
Note: The transcript of this meeting incorrectly dates it as March 11, 2026; however, the meeting was held on March 17, 2026, per official records.
The hearing, presided over by Hearing Officer John 2 on behalf of the Director of Planning, Building and Code Enforcement, considered a single public hearing item: a Plan Development Permit (PD 25-023) and associated environmental review (ER25-210) to allow off-sale of beer and wine (Type 20 ABC license) within an existing convenience store (Loop Neighborhood Market) at 5801 Silver Creek Valley Place. After staff presentation, applicant testimony, and public comment, the hearing officer approved the permit.
Public Comments & Testimony
- Michael Ospring, representing the Coyote Creek Neighborhood Association, urged denial. He argued the location is uniquely unsuitable because it shares a parking lot with the San Jose VA Medical Center (serving veterans with PTSD and substance use disorders), sits across from Shady Oaks Park and the Coyote Creek Trail, and poses traffic and public safety risks. He contended the city's 500‑foot proximity analysis incorrectly classified the VA clinic as a medical office and noted the trail is only 178 feet away via a crosswalk, not the 400 feet cited by staff. He also stated that alcohol‑related blight exists 1,800 feet away at Monterey Plaza.
- Victor Velasquez, also representing the Coyote Creek Neighborhood Association, opposed the permit, citing decades of public health research linking alcohol availability to increased violence, property crime, and adolescent alcohol consumption. He emphasized the proximity to the park, youth, and the VA facility, and argued the alcohol sales add no value to the community.
Discussion Items
- Staff Report: Project manager Jason Lee presented the project, noting the site is in a Planned Development district requiring a PD permit (equivalent to a conditional use permit in the CG zone). Key findings included no other off‑sale alcohol outlets within 1,000 feet, compliance with location requirements (500 feet from schools, childcare, etc., except residential zones at 150 feet), and that the nearest residential parcel is 40 feet away across Silver Creek Valley Place. The closest path of travel from the Coyote Creek Trail to the store entrance is approximately 400 feet. The police department was neutral. Operational conditions proposed: alcohol sales limited to 6 a.m. – 11 p.m., confined to 221 square feet (7% of floor area), no outdoor displays, video surveillance, and a store operator point‑of‑contact at all times. The project was found exempt from CEQA under Section 15301(a) (existing facilities).
- Applicant Testimony: Steve Rawlings (representative for AU Energy, owner of Loop Market) and Regional Manager Jaden Ivanis described the company’s 150+ store experience, training programs (five full‑time trainers, five loss prevention specialists), use of “mystery shopper” audits, mandatory ID checks for all customers (including those over 60), and age‑verification technology at point‑of‑sale. They noted a meeting with Mr. Ospring and a community meeting, and pledged responsible operation. They emphasized the 11 p.m. closing time (vs. 2 a.m. allowed for some licenses).
- Hearing Officer’s Deliberation: Hearing Officer John 2 acknowledged the public concerns and referenced the city’s adopted council policy for off‑sale alcohol, which requires a more rigorous process. He noted that the site is not in a high‑crime area or an overconcentrated census tract, and that the permit includes robust conditions (limited hours, limited floor area, no spirits). He reasoned that although studies correlate alcohol availability with harm, the conditions and ability to enforce or revoke the permit mitigate those risks, and that the city encourages commercial uses near residences to reduce vehicle trips. He concluded all findings could be made and approved the permit.
Key Outcomes
- Decision: The hearing officer approved Plan Development Permit PD 25‑023 and the associated environmental exemption (ER25‑210).
- Conditions of Approval: Alcohol sales are limited to beer and wine (no spirits), 6 a.m. – 11 p.m., within a maximum of 221 square feet (7% of tenant space). No alcohol displays or advertisements are permitted outside the store. The operator must maintain a point‑of‑contact, video surveillance, and policies to address loitering and panhandling.
- Environmental: The project is exempt under CEQA Guidelines Section 15301(a) for existing facilities.
- Next Steps: The permit becomes final when signed and mailed, unless appealed under Title 20 or Title 21 of the San José Municipal Code. The hearing officer encouraged continued communication between the applicant and the community to address any future issues.
Meeting Transcript
Good morning. We're calling to order the planning director's hearing on March 11th, 2026. My name is John 2, and I'm the hearing officer for today's agenda on behalf of and delegated by the director of planning building and code enforcement, Christopher Burton. This meeting is being held via Zoom conference call. Members of the public may participate by following the instructions listed on page two of the agenda. If you'd like to provide public comment, you have two methods to identify yourself to provide public comment. For participants who join electronically and have auto input available on your computer or smartphone, you can use the raise hand feature in Zoom or click star nine on your phone if you dialed in. To request a speak when your items being heard on the agenda, keep your raise hand feature on until staff identifies your turn to speak. During the meeting, you can also call 408-535-3505 or email planning support staff at San Jose CA.gov and identify your name that's listed on Zoom and the phone or phone number that you have that's also listed on Zoom and what item you would like to comment on. All members of the public will remain on mute until staff identifies your turn to speak and you are unmuted. At that time, you'll be unmuted and provide comments during the allotted time. If you exceed the lot of time, you may be muted so we can move on to the next speaker. Please note the following. The hearing procedure and order input will be as followed. I will identify each project as described on the agenda. For those items on the consent calendar, I will ask if anyone wishes to speak on the item. If you a separate discussion is warranted, I'll move the item to public hearing portion of the agenda. If a separate discussion is not needed, the item will remain on the consent calendar for approval. For those items listed on the public hearing, I'll ask staff to provide a brief report. The applicant or the representative who wishes to speak on it will have up to five minutes to speak and should identify themselves by stating their name for the record. After the applicant or representative spoken, any man in the public who wishes to speak on the item may provide testimony up to two minutes per speaker, either for or against the project. All members of the public should identify their name for the record. Following comments on the public, the applicant may be additional marks up to five minutes. I will then close public comments and ask staff to answer questions, respond to comments made by the applicant or the public or further discussion the item. I will then take action on the item. If you challenge these land use decisions in court, you'll be limited to raising only those issues you or someone else raised in this public hearing or main correspondence delivered to the city at or prior to the public hearing. Plan direction action items actions on the agenda items will be final when a permit is signed and mailed, unless the permit or environmental clearance determination is appealed. The planning director's action on the permits are appealable in accordance with requirements of title 20 and the municipality code. The plan director's actions on in the environmental review for the permit under California Environmental Quality Act are separately appealable in accordance with requirements of Title 21 of the municipality code. Before we begin, I want to remind members of the public to follow our code of conduct at this meeting. This includes commenting on specific agenda items only. Public speakers will not engage in conversation with the hearing officer or staff. The hearing officer staff and public are expected to refrain from abusive language. Repeated failures to comply with the code of conduct which will disturb, disrupt, or impede the orderly conduct of this meeting will result in removed from the meeting. The meeting of the record hearing will now come to order. First on the matter of deferral. Any items scheduled for this more here morning, which for deferral is each of a future meeting is being requested. We move to this portion of the agenda. And ask for comments from the audience. If you wish if you want to change any of the items or speak to the action deferral based on the answer, please use the raise hand function in Zoom or click star nine to raise your hand. Staff or any member of the public want to speak onto the item of deferral. Once again, uh use the raise hand feature or star nine. Seeing that there are no hands raised on the matter deferral, the matter of deferral is now closed. Moving on to consent calendar. There'll be no separate discussion of individual consent count items as they're considered to be routine to be considered one action unless an items move to the public hearing calendar for separate discussion by the hearing officer. The public may comment on the entire consent calendar. Any items removed from the consenter calendar by the hearing officer. If you wish to speak on one of the items below, please use the raise hand function or click star nine. There are currently no items listed on the consent calendar. So therefore, this item is now close.
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