City revisits proposal for lounge

Fuz Bar and Grill would replace Bella Mia, which has been vacant since 2014

The lounge was originally to be called Vanity SJ but is now known as Fuz Bar and Grill.

SAN JOSE — After being accused of violating open meeting laws by privately lining up votes to deny a nightclub project last year, the City Council tonight will reconsider allowing a lounge inside the vacant Bella Mia site — with new members who may be more inclined to approve it.

Downtown business owner Jenny Wolfes in March 2015 applied for a permit to serve alcohol and play music until 2 a.m. inside the old Bella Mia Restaurant at 58 S. First St. The lounge — originally to be called Vanity SJ but now known as

Fuz Bar and Grill — would occupy the historic building, which sat empty since 2014 and was plagued by vandalism and blight.

Wolfes’ project initially got approvals from city planners and the San Jose Planning Commission. But the project’s next-door neighbors, prominent law firm Hopkins & Carley, opposed the plan and appealed multiple times, complaining about noise, odor and traffic concerns.

Over the next two years, the city Planning Commission reversed its decision twice and Planning Director Harry Freitas withdrew his support. Mayor Sam Liccardo and downtown Councilman Raul Peralez led the opposition, saying the project would turn into a “mega-club” and oversaturate a street already occupied by several other bars and lounges.

But the city has approved 53 other similar late-night use permits, records show, including ones at neighboring businesses M Asian Fusion and Rookies Sports Lodge — formerly Billy Berk’s Restaurant.

To address concerns from project critics, Wolfes added a daytime use — a Japanese fusion restaurant — to ensure the site wouldn’t be closed during the day and reduced its occupancy from 669 people to 500 people — 250 on each floor. Wolfes plans to use the top floor of the 8,642-square foot building for a private banquet hall.

The proposal continued to stall, going before the City Council three separate times with hours of debate each time. With each new hearing, Wolfes secured more support from the council — going from a 92 vote to reject her project in August 2015 to a split 6-5 vote last November.

But two weeks after the vote to deny the project, allegations surfaced that City Council members violated the Ralph M. Brown Act — which prohibits public officials from privately lining up votes — in denying the project. The potential violation occurred when it appeared a total of six council members — a majority of the 11-member City Council — may have privately discussed opposing the plan. That led to the decision to revote the project tonight.

The City Council tonight will reconsider whether to uphold an appeal from Hopkins & Carley to stop the project. The five council members who supported the project in the last vote remain on the council. And one of its opponents, former Councilman Manh Nguyen, has since been replaced by Councilman Lan Diep.

The council will consider the plan 6 p.m. tonight inside the council chamber at San Jose City Hall, 200 E. Santa Clara St. in San Jose.

GARY REYES/STAFF PHOTOS Owner Jenny Wolfes gives a tour Thursday of her proposed lounge to Raul Peralez, San Jose city councilmember from District 3. Peralez has been a vocal critic of Wolfes' plan last year for a nightclub in the old Bella Mia building in downtown San Jose.

A downtown pedestrian walks past the old Bella Mia building.

GARY REYES/STAFF The bar of a new lounge, Fuz Bar and Grill, is ready to open in the old Bella Mia building in downtown San Jose. Last year, the City Council turned down a plan for a nightclub on the site, but a revote was scheduled after allegations of open meetings...