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Commission recommends changes to Historic Preservation Ordinance after court ruling; Levitt Pavilion cited as context
Summary
The Commission voted 9-0 to recommend amendments to San José’s Historic Preservation Ordinance (Chapter 13.48) to clarify definitions and add a limited discretionary override to allow weighing public benefits against unavoidable historic harms, in response to a recent Court of Appeal decision tied to the Levitt Pavilion process.
Staff framed proposed amendments to the Historic Preservation Ordinance (San José Municipal Code Chapter 13.48) as a response to a Court of Appeal ruling that limited the city’s discretion when a project certified an environmental impact report but also produced unavoidable historic impacts. The proposed changes clarify definitions (including "substantial alteration" and "deterioration") and add a findings-based pathway for the City Council to weigh economic, legal, technical and other…
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