The Sunnyvale Sun

Owners of historic Hotel De Anza are suing San Jose

They say newly approved project will lead to ‘demise’ of the 90-year-old landmark

- By Maggie Angst mangst@ bayareanew­sgroup.com

The owners of San Jose’s historic Hotel De Anza are joining forces with preservati­onists in an effort to thwart the constructi­on of a newly approved 19-story hotel that they say would force the demise of one of the city’s most notable landmarks.

A month after the San Jose City Council unanimousl­y approved the constructi­on of a new hotel next door to the 90-year-old De Anza, the Preservati­on Action Council of San Jose and the company that owns the De Anza, ML San Jose Holding LLC, have filed a lawsuit in Santa Clara County Superior Court against San Jose and the City Council.

The suit alleges that the city violated the California Environmen­tal Quality Act — a law that requires both state and local agencies to consider the consequenc­es of decisions that involve changes to the environmen­t — because it “failed and refused to study or mitigate potentiall­y significan­t impacts to the integrity of the Hotel De Anza” when it conducted an environmen­tal impact report for the new hotel project.

“Despite requests from PAC-SJ and others to adopt conditions and alternativ­es that protect the historic integrity of the De Anza while still allowing feasible new developmen­t, the city refused to concede that the project would have significan­t visual or historic resource impacts,” the lawsuit said.

The De Anza owners and PAC-SJ are asking the city to reverse the new hotel project’s approval, redo the environmen­tal impact report and adequately analyze and adopt feasible alternativ­es smaller in mass and scale that would not “threaten the historicit­y or function or public views of the De Anza.”

In January, the City Council approved plans from developer KT Urban to build a new hotel with 272 guest rooms, a 1,200-square-foot lobby and a rooftop bar and restaurant on a 0.2-acre site on the corner of North Almaden Boulevard and West Santa Clara Street.

The new hotel would tower over its neighbor, the 10-story, Art Deco-style Hotel De Anza, which is listed on the National Register of Historic Places.

Embert Madison, an attorney representi­ng the De Anza, told the council at its Jan. 15 meeting that the new hotel would cause “serious constructi­on and operationa­l issues” that would lead to the “demise” of the De Anza.

Specifical­ly, Madison estimated that the historic hotel would lose $3 million annually from the new competitio­n and nearly twice as much during its constructi­on phase because of the nuisance to potential visitors.

City Attorney Rick Doyle could not be reached for comment.

Mark Tersini, principal of KT Urban, said in a statement that he was “disappoint­ed that this suit has been filed against an exciting urban project that will be a great benefit for downtown San Jose.”

Tersini defended the city’s environmen­tal analysis and approval process, saying that it fully complied with state law and analyzed any potential effects to the De Anza before concluding that it did not pose a major impact.

“It is unfortunat­e that these opponents of the project are not willing to abide by the outcome of this very public, very transparen­t process,” Tersini said in an email.

Sonoma County-based attorney Susan Brandt-Hawley, who is representi­ng PAC-SJ and the owners of the De Anza, declined to comment on the suit.

Brandt-Hawley has represente­d PAC-SJ in previously successful lawsuits to protect the Jose Theater, the Montgomery Hotel, the Scheller House at San Jose State University and IBM

Building 25.

As the next steps, representa­tives from the city and the owners of the De

Anza and PAC-SJ will meet for a settlement conference to determine how they will proceed.

 ?? SAL PIZARRO — STAFF ARCHIVES ?? The Hotel De Anza in 2016. The hotel and a preservati­on group are suing to stop the developmen­t of a hotel next door.
SAL PIZARRO — STAFF ARCHIVES The Hotel De Anza in 2016. The hotel and a preservati­on group are suing to stop the developmen­t of a hotel next door.

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