San Jose Approves Controversial historic Preservation Changes to Advance St. james Park Music Pavilion Project
A sweeping change to San Jose’s historic preservation policy, approved Tuesday by a 9-2 City Council vote, has cleared a significant hurdle for the long-planned revitalization of St. James Park, including the addition of an outdoor music venue. The amendment, intended to address a recent court ruling, has sparked fierce opposition from preservationists who fear it will weaken protections for the city’s historic landmarks.
The revised policy responds to a 2024 ruling by the state court of Appeals, which found that San Jose had not adequately considered the impact of the park project on its historic character. The approval allows for the construction of a Levitt Pavilion music venue to the 7.5-acre downtown park, a site already designated as a national historic landmark. “We’re just so excited to get past this final step,” said Suzanne St. John-Crane, director of strategy for Friends of Levitt Pavilion San Jose, in a statement to San José Spotlight.
The approval comes after an operating agreement finalized in August between the local nonprofit, the City of San Jose, and the national Levitt Foundation, obligating all parties to raise millions of dollars for the planned concert venue. However, the path forward has been fraught with contention.
Preservationists Voice Strong Opposition
A vocal contingent of historic preservationists launched a letter-writing campaign leading up to the vote, flooding the city clerk’s inbox with concerns that the amendment grants councilmembers excessive discretion to bypass existing regulations regarding demolitions and alterations to historic buildings.
“We’re putting things in jeopardy by reducing the protections of the historic ordinance and allowing this first one to happen,” warned Shawn Atkinson, executive director of the Sainte Claire Historic Preservation Foundation, during the council meeting. “Where are we going with this?”
The Sainte Claire Historic Preservation Foundation, representing a historic men’s club with property adjacent to St. James Park, initiated the 2020 lawsuit that ultimately led to the appellate court ruling against the city in 2023, overturning a prior favorable ruling from 2022.The lawsuit argued the project was inconsistent with San Jose’s historic preservation policy.
Opponents argue the amendment’s language is too vague, possibly opening the door to the demolition of cherished landmarks. “There really is no other city in California that has such broad language in their local ordinance for overrides,” asserted Ben Leech,executive director of the Preservation Action Council of San Jose,during the meeting. A staff survey of major California cities largely supports this claim, though Sacramento, Pasadena, and San Diego were identified as allowing overrides under specific circumstances.
Council Weighs Benefits Against Preservation Concerns
Councilmembers Rosemary Kamei and George Casey cast the dissenting votes, echoing the preservationists’ concerns about the potential for unchecked development. Kamei proposed an amendment requiring any such overrides to serve a “compelling public interest,” but the proposal failed to gain traction.
Mayor Matt Mahan defended the amendment, arguing that the City Council is best positioned to balance the potential historic costs with the economic and social benefits of proposed construction projects. “I would trust us being elected and accountable to the people-and of future councils-to make a better decision to weigh those decisions more effectively than any administrator,lawyer or judge because we know our neighbors best,” he stated.
The city’s own analysis acknowledges that the St. James Park revitalization could compromise the park’s historic character through the alteration or removal of features like walking paths, statues, and monuments.
Project Costs and Timeline Increase
In addition to approving the policy change, the City Council also authorized an $800,000 increase to the contract with Conger Moss Guillard Landscape Architecture, the firm responsible for the park redesign, bringing the total budget to over $6.7 million. The project deadline has also been extended to June 2027, citing “unexpected requirements, edit requests and permit coordination.”
Friends of Levitt Pavilion san Jose has been hosting pop-up concerts at the park on a temporary stage for several years and plans to continue these events untill the permanent pavilion is completed. The group anticipates launching its first full concert season by 2028.
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