Rose Garden Resident

Social club wins court ruling, halts park revamp

Plans for a pavilion, upgrades, sports fields and artwork at St. James Park turn murky after the decision

- By George Avalos gavalos @bayareanew­sgroup.com

A plan to revamp St. James Park in downtown San Jose, a revitaliza­tion that would include a pavilion and an array of lively activities, is up in the air after a state court's ruling.

The state Court of Appeal has ruled in favor of a historic foundation representi­ng the interests of the Sainte Claire Club, located next to the park. The social club was alarmed about the prospect of live events at a pavilion that would be built as part of the revamp plan.

In October 2020, the city Planning Department approved a city Parks Department request for a historic preservati­on permit to enable the project to proceed.

San Jose officials stated a revamp of the park would improve the neighborho­od as well as upgrade the park, which has become somewhat blighted over the years. The park is at the corner of East St. James Street and North Second Street.

The Sainte Claire Historic Preservati­on Foundation linked to the social club objected, however, and filed a lawsuit to block the redevelopm­ent and revitaliza­tion effort.

“The project proposes a problemati­c performing arts and music pavilion that would accommodat­e up to 300 events a year for up to 5,000 attendees,” the social club foundation stated in its lawsuit, which the group filed in November 2020.

The foundation representi­ng the interests of the social club claimed city officials

failed to properly assess the impact the project would have on historic structures in the area.

City officials responded in the original legal proceeding in Santa Clara County Superior Court that the municipali­ty had followed proper procedures. The city also stated that the foundation linked to the social club had not

specified the state environmen­tal rules allegedly not followed by the city.

“The environmen­tal impact report for the project sufficient­ly studied relevant issues and adequately responded to comments regarding the alleged issues of the project's consistenc­y with land-use plans, policies and regulation­s; parking in the project's

area; and potential phasing of the project,” city officials wrote in a January 2022 response to the original lawsuit.

City officials also stated they were aware of the neighborho­od's historic nature and the potential impact posed by the revitalize­d park.

“The proposal maintains and enhances the unique

historic aspects of the park and re-organizes the now largely undefined central open space into outdoor rooms with distinct character, including the Levitt Pavilion,” CMG, a landscape and architectu­ral firm that designed the park revamp, stated in a post on a city webpage.

In April 2022, Santa Clara County Superior Court Judge Patricia Lucas ruled in favor of the city, and cleared the way for the project to proceed.

In May 2022, the foundation representi­ng The Sainte Claire Club filed an appeal with the state Court of Appeal.

On March 12, the state court reversed the county court's decision, specifical­ly stating that San Jose improperly followed city ordinances and rules.

“While losing in court is a hard pill to swallow, the city should take a fresh look at the park and the proposed project,” said Bob Staedler, principal executive with Silicon Valley Synergy, a land-use consultanc­y. “The project's price tag was enormous and not feasible to build anytime soon.”

The Court of Appeal remanded the case back to the county court and the city, stating that the municipali­ty should conduct a new city review process.

“The trial court upheld the City Council's decision on the historical preservati­on permit but the appellate court reversed the trial court decision on that issue,” San Jose City Attorney Nora Frimann stated in an email comment she sent to this news organizati­on.

The legal representa­tive for the foundation tied to the social club didn't immediatel­y respond to a request for a comment or context.

The state court's ruling leaves the revamp plans up in the air with an uncertain timeline for the project.

“Meeting with the social club and the neighborho­od would be a good first step,” Staedler said. “Also, why spend huge dollars on the park when the city refuses to address the derelict First Church of Christ Scientist blighted property?” he added, referring to a historic church that stands in blighted condition next to St. James Park.

The revitalize­d park could evolve into a vital cog for downtown San Jose.

“The project rebrands St. James Park and creates an open space that becomes the center point and valued living room in this multicultu­ral community within the constellat­ion of city districts from SOFA to San Pedro Square,” CMG stated in a post.

 ?? RENDERINGS COURTESY OF CMG ?? A rendering of the St. James Park revitaliza­tion proposal, showing a pavilion and other upgrades, located near the corner of North First Street and West St. James Street in downtown San Jose.
RENDERINGS COURTESY OF CMG A rendering of the St. James Park revitaliza­tion proposal, showing a pavilion and other upgrades, located near the corner of North First Street and West St. James Street in downtown San Jose.
 ?? ?? A rendering of Levitt Pavilion, a component of the St. James Park revitaliza­tion proposal, near the corner of North First Street and West St. James Street in downtown San Jose.
A rendering of Levitt Pavilion, a component of the St. James Park revitaliza­tion proposal, near the corner of North First Street and West St. James Street in downtown San Jose.

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