West San Jose Resident
News
Neighbors complain about noise at El Paseo de Saratoga center
By Eli Segall
Last summer, when Jennifer Bock and Pirouz Maghsoudnia moved to Elmwood Drive behind El Paseo de Saratoga shopping mall, they expected some noise from the center's moviegoers and shoppers.
What they didn't expect, the couple says, was being jolted awake by thundering semis making midnight deliveries, or maintenance crews power-washing the mall's sidewalks and stores fronts at 2 a.m.
"It sounds like there's a helicopter in the middle of your living room," Bock said of the cleanings.
Instead of just plugging their ears, Bock, 33, and Maghsoudnia, 38, have waged a months-long campaign to dampen the noise. They've filed several complaints with the San Jose Police Department and pressed the mall's property manager to clamp down on the clatter.
On Dec. 10, police officers responding to a disturbance complaint issued the mall a citation, said officer Jermaine Thomas, a police spokesman. In addition, on Nov. 20 San Jose Code Enforcement issued the mall a compliance order for violating two city codes.
The code enforcement report said commercial trucks were running their engines and refrigeration units in the rear lots before the allowed time of 6 a.m., and maintenance crews were pressure washing at 1:42 a.m., according to a copy of the report.
Kerry Smith, the inspector who issued the order, said if the center has one more confirmed violation, code enforcement will take mall's management to the San Jose Appeals Hearing Board, an independent commission that can levy daily fines to ensure code compliance.
"I just feel they have no regard for us as neighbors," said Bock, who noted that she grew up next to Hillsdale Shopping Center in San Mateo with few problems.
Sharlene Hessler, El Paseo's property manager, said in an interview that the mall's maintenance contractor would no longer power-wash early in the morning. However, she added, for liability reasons these cleanings cannot be done when shoppers are present, so they must occur when the mall is closed.
Hessler, of Mill Valley-based Shelter Bay Retail Group, also said signage would be installed at each entrance to the mall announcing commercial trucks are prohibited between midnight and 6 a.m., as per city code for commercial centers located within 150 feet of residential property, such as El Paseo.
Located at Saratoga Avenue and Lawrence Expressway, the mall was once the site of sprawling cherry and walnut orchards, said Liz Simms, who moved to Elmwood Drive in 1959. According to Jim Drechsler, another longtime resident, the orchards were ripped out roughly 40 years ago for El Paseo's predecessor, a picturesque shopping center laced with garden walkways.
That mall was torn down and replaced by the 15-acre El Paseo in 1997.
"Right off the bat there were problems," Drechsler said, noting that construction of the mall belched large amounts of dust onto his and his neighbors' properties.
According to code enforcement, El Paseo has one other confirmed code violation: On Nov. 3, 2006, the center was written up for early morning deliveries to Petco.
When told of the planned signage, Drechsler expressed cautious optimism.
"It can't hurt," he said, "but I really don't think it will solve the problem."