San Jose's revised preservation rules clear way for park project - San Jose Spotlight

"The measure - which does not specifically name the park project - sparked widespread pushback from local preservationists who warn it will undermine historic preservation protections. Nevertheless, the City Council on Tuesday approved the change in a 9-2 vote. Councilmembers Rosemary Kamei and George Casey cast the two no votes. Kamei echoed preservationists' concerns that the amendment grants councilmembers too much latitude to circumvent San Jose's rules limiting demolitions and major alterations for historic buildings."

"The code change is a response to a 2024 ruling from the state Court of Appeals that found San Jose had stepped outside the bounds of its own historic preservation code in approving the St. James Park project. The amendment seeks to provide a technical fix by explicitly laying out the conditions under which the city may approve a construction project that harms historic resources."

"'We're just so excited to get past this final step,' Suzanne St. John-Crane, director of strategy for Friends of Levitt Pavilion San Jose, told San José Spotlight. In August, the local nonprofit joined with San Jose as well as the national Levitt Foundation in an operating agreement that obligates each party to raise millions of dollars for the planned concert venue."

San Jose amended its historic preservation code to clarify conditions allowing approval of construction that harms historic resources, responding to a 2024 Court of Appeals ruling over the St. James Park approval. The City Council approved the change in a 9-2 vote, with Councilmembers Rosemary Kamei and George Casey opposed. Preservationists warned the amendment grants councilmembers excessive latitude to circumvent rules limiting demolitions and major alterations. Supporters said the change removes a legal hurdle for a long-delayed plan to add a Levitt Pavilion music venue and other amenities to the 7.5-acre park. A nonprofit and the Levitt Foundation joined an operating agreement to raise millions, while opponents organized a letter-writing campaign to protest.

Read at San Jose Spotlight