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Planning commission recommends ordinance change to allow limited override for detrimental historic impacts; debate centers on Levitt Pavilion
Summary
After extended public comment and legal framing, the commission voted 9–0 to recommend amendments to the Historic Preservation Ordinance that clarify definitions and add narrowly defined override findings, a change prompted by a Court of Appeal ruling tied to the Levitt Pavilion project in Saint James Park.
The Planning Commission recommended a change to San Jose’s Historic Preservation Ordinance to add a narrowly framed override provision that would allow the City Council, under specific findings, to approve projects despite detrimental impacts to designated landmarks or districts.
Staff and the city attorney framed the amendment as a response to a Court of Appeal decision in Saint Clair Historic Preservation Foundation v. City of San Jose, which said the ordinance lacked explicit overriding-discretion language comparable to CEQA’s statement of overriding considerations. The city attorney told…
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