November 4, Venerable Tien Lien Vietnamese Bhikkhuni Buddhist Congregation 766 S. Second Street San Jose, CA 95112

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1 November 4, 2014 Venerable Tien Lien Vietnamese Bhikkhuni Buddhist Congregation 766 S. Second Street San Jose, CA Re: File AP 2054 Old Piedmont Road Venerable: Your entertainment event license application has been denied. During the review process, which considered the submitted materials, partner agency input, field visits, community input, and testimony at the hearing, it was determined that required findings in Section B3-116(b) of the County Ordinance Code could not be made. A more detailed analysis of the findings is attached. Pursuant to Section B3-117, you may appeal this decision to the County Board of Supervisors. Appeal applications are filed with the Planning Office and require a $1,359 filing fee. The deadline for filing an appeal on this action is 5:00 PM Wednesday, November 20. The action will otherwise become final on Thursday, November 21. Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, Joseph Simitian County Executive: Jeffrey V. Smith

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3 Vietnamese Bhikkhuni Buddhist Congregation County File Number AP Public hearing to consider ENTERTAINMENT EVENT LICENSE, per Chapter VI of Section B3 of the County Ordinance Code. The modified request is to authorize limited activities related to an offsite exhibition of a ceremonial religious statue, lasting no longer than eight (8) weeks. The activities related to the offsite exhibition would consist of limited event staging facilities/ activities, including four (4) temporary mobile homes for monks and event staff to live during the offsite exhibition, and three (3) mobile units for sanitation. Onsite facilities would not be accessible to the general public, and would be removed immediately following the closing of the event. Factual Basis for Denying Entertainment Event License Sec. B Action by the Zoning Administrator. // (b) The Zoning Administrator may refuse to issue a license, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B3-115(a) and any other relevant papers, records, and files, on any of the following grounds: (1) The event or associated activity would be injurious to the public health, safety or welfare; or The unpermitted and ongoing grading and construction activities are violations of the County s Ordinance Code, and categorically constitute a public nuisance under the County s Code ( A1-34(a), C1-73(a), C12-520) because such violations are injurious to the public health, safety or welfare. The lack of erosion control on exposed graded earth, despite the County s repeated requests to the applicant to implement erosion control measures, endangers the environment and the community because erosion and sedimentation can directly and indirectly harm adjacent properties, storm sewer infrastructure, Old Piedmont Road, and Berryessa Creek. Sedimentation resulting from lack of proper erosion/ sedimentation control measures can violate the federal Clean 1

4 Water Act. Unauthorized grading and erosion can also destabilize the hillside, potentially increasing the risk of landslide. The extent of the unauthorized ground disturbance is consequential with respect to the Santa Clara Valley Habitat Plan, a regional plan to protect endangered species and natural resources. The unauthorized ground disturbance has the potential to have harmed protected species and habitat. The applicant was made aware of Habitat Plan requirements, but did not submit documentation as required. The applicant has not sufficiently demonstrated willingness to abate these grading and construction violations. Therefore, issuing the permit for the event with ongoing violations could be injurious to the public health, safety or welfare. The applicant has not provided requested information related to: (a) the scope and nature of the event, (b) site layout details and (c) logistics regarding cleanup, site restoration post-event. Therefore, issuing the permit for the event with outstanding uncertainty regarding important project details could be injurious to the public health, safety or welfare. (2) The proposed mode of operation of the event is not in compliance with the provisions of this chapter; or The proposed dwelling, sanitation and miscellaneous staging activity would be ancillary to the Jade Buddha of Universal Peace event, which would occur at the Santa Clara County Fairgrounds property. The Fairgrounds property is approximately 10 miles away (driving distance) from the 2054 Old Piedmont Road project site. These ancillary activities are more suitable to occur at, or nearer to, the Fairgrounds property. Additionally, County Ordinance Code Section B3-111(a) defines entertainment event as any entertainment or amusement event to which the public is admitted and which is organized or promoted for commercial or noncommercial purposes whether or not an admission fee or donation is requested or required. It shall include any entertainment or amusement for the purposes of listening, engaging in or participating in musical or theatrical type performances, or both, to which the public is admitted. Musical and theatrical type performances shall include musical or theatrical renderings by performers from a stage, platform, terrace or other place of central prominence with respect to the audience. "Entertainment event" shall not include any event described above that is conducted or held in any structure that has been lawfully constructed and designed for the conducting of public performances or to an event conducted entirely within a 2

5 stadium, arena or amphitheater that has been lawfully constructed and designed for the conducting of public performances. The distance between the Jade Buddha event and the staging activity at 2054 Piedmont Road, along with the apparent lack of logistical necessity, do not support an interpretation that the proposed staging activity would constitute an entertainment event as defined under Section B3-111(a). Nor does it support an interpretation that the staging activity would constitute an integral part of a multisite entertainment event. (3) The person or organization applying for the license, or any officer or member thereof, or any owner of the real property upon which the event is proposed to occur has previously violated the provisions of this chapter or of any similar ordinance, law, rule or regulation of the County or another public agency that regulates circuses or entertainment events; or The organization applying for the license has previously violated provisions of this chapter [Division B3, Chapter IV], and related ordinances. Advance promotion materials (printed and electronic) on record constitute a violation of Section B The unpermitted and ongoing grading and construction activities associated with event preparation are violations of the County s Ordinance Code. (4) The applicant knowingly made a material misstatement of fact in the license application; or NOT APPLICABLE. There are no evident misstatements of fact in the application documents. (5) The activity is inconsistent with the applicable zoning regulations or any other law, ordinance or regulation. NOT APPLICABLE. The proposed activity, if deemed an entertainment event that could be authorized pursuant to B3-116, could be allowed in the applicable R1-2.5-d1 zoning district as a short-term activity. 3