Item 10.2
Permit Appeal on the Planning Commission’s Decision on the Tropicana Late- Night Use Project
File Nos. CP24-036 & ER24-304
February 10, 2026
Presenter: Manira Sandhir, Deputy Director, Planning, Building and Code Enforcement
• Site Address: 1692 Story Road Suite #100
• Site Area: 3.34 gross acres
• Existing Use: Public Eating Establishment
• General Plan Land Use Designation:
Neighborhood/Community Commercial
• Zoning District: CN Commercial
Neighborhood
www.sanjoseca.gov/planning
Site Description
2 PROPOSED www.sanjoseca.gov/planning
Project Description
3 • Conditional Use Permit to allow late-night
use (until 2:00 a.m. Friday through Sunday)
for an existing public eating establishment
within an existing approximately 7,442-
square-foot tenant space at 1962 Story
Road Suite #100.
• The project does not include any external
modifications to the existing commercial
building or site.
• The establishment currently operates with a
Type 47 ABC License (on-sale general
eating place). Includes sale of beer, wine,
and distilled spirits for on-site consumption.
www.sanjoseca.gov/planning
4 Project Review
• Project was reviewed for consistency with:
• Envision San José 2040 General Plan
• San José Municipal Code
• California Environmental Quality Act (CEQA)
• Council Policy 6-27: Evaluation of 24-Hour Use
• Council Policy 6-30: Public Outreach Policy
• San José Police Department is opposed to the project and will not allow entertainment uses. www.sanjoseca.gov/planning
5 Project Review
• Staff found that the project is inconsistent with:
• Council Policy 6-27 Area Use Compatibility: “Twenty-four-hour uses should not be approved unless the facility can operate without detriment to nearby residential uses or the general welfare of the surrounding area.”
• Conditional Use Permit finding 20.100.720.A.4. The proposed use at the location requested will not:
a. Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or
c. Be detrimental to public health, safety or general welfare;” Project has:
• Documented history of non-compliance with state and local laws. • Despite warnings and opportunity to achieve compliance business has continued to operate out of compliance with public eating establishment requirements. • Police Department Opposition.
www.sanjoseca.gov/planning
5 Planning Commission Action and Appeal
• Heard by Planning Commission on November 19, 2025
• Planning Commission offered the applicant an opportunity to defer the item for 6 months for PD coordination and resolution of issues; applicant declined
• The Planning Commission voted unanimously, 9-0, to deny the proposed Conditional Use Permit for late-night use
• The applicant appealed the Planning Commission’s decision on November 20, 2025.
www.sanjoseca.gov/planning7
Staff Recommendations
• Staff recommends denial of the Conditional Use Permit If denied, the existing public eating establishment can continue operating between the hours of 6:00 a.m. and 12:00 a.m. (midnight).
• The project is exempt pursuant to Section 15270 if denied.