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San Jose council amends historic‑preservation code after months of litigation and a contentious public debate
Summary
After hours of public testimony for and against the Levitt Pavilion at Saint James Park, the City Council approved clarified amendments to the city's historic‑preservation ordinance to allow the council to make override findings similar to CEQA. The substitute motion passed 9–2 after debate over public‑vs‑private standards.
The San Jose City Council voted Dec. 2 to amend the city’s historic‑preservation ordinance, adopting language staff says restores the council’s ability to weigh project benefits against detrimental impacts to designated landmarks and districts.
The amendments to Chapter 13.48 of the San Jose Municipal Code create an explicit finding process—modeled on CEQA’s statement of overriding considerations—by which council may approve projects despite impacts if social, economic, legal, technical or other benefits outweigh the harm. City planners said the change responds to a Court of Appeal decision that found the previous ordinance lacked a clear override mechanism in the Levitt Pavilion litigation.
Supporters including the Levitt Foundation, Friends of Levitt Pavilion San Jose and downtown business and arts leaders told council they want…
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