SAN JOSE A lawsuit has been filed against a group claiming that a massive campus in downtown San Jose would pose a threat to the environment. Court papers show.
According to documents filed with Santa Clara County Recorders Office, the Sierra Club sued San Jose. It claimed that the municipality violated its planning rules when it approved the tech campus located at 235 Woz Way, near Almaden Boulevard.
The lawsuit is holding up development of the project. It was proposed by Boston Properties. It would have 1.73 million square foot of office space, and 37,600 square foot of ground-floor retail.
According to city planning documents the development would include a pair of towers connected with a podium. It would rise over a 3.6-acre area.
The curving office project would be located near the Guadalupe River banks, between the Childrens Discovery Museum and San Jose Convention Center.
According to court papers, the Sierra Club stated that the project would have a significant environmental impact. The 16-story tower would obstruct the Guadalupe River and riparian areas.
According to Chris Burton, San Joses planning Director, an August 2021 memo, officials in San Jose said that the river areas and open spaces adjacent to the project are not important habitats for wildlife.
Burton stated that this section of the Guadalupe River’s Guadalupe River is extremely fragmented and has very little undisturbed habitat because of the highly urbanized environment and human-related disturbances. The habitat value and influence of the riparian corridor that is adjacent to the project are extremely limited.
However, the Sierra Club claimed in the litigation, that the perils to the environment are real, and they are severe.
The office campus will significantly reduce existing riparian habitat through both physical encroachment as well as shading. This is expected to cause long-term damage to the health and growth of plants, according the environmental group in court papers. Large glass towers built for the project could also cause collisions that could harm migrating and native birds.
According to the city officials, the tower would be constructed in a way that greatly reduces the risk of bird collisions with it.
Burton wrote in his staff report that this project is not subjected to the bird safety guidelines outlined in city council policies. The project site is south-facing on State Route 237. However, the project will include bird-safety design features at the buildings’ north, west, or south-facing facades.
The lawsuit was filed in October 2021. It raises the possibility of significant delays before construction can begin.
On March 1, Sunil Kulkarni, the county judge, issued a notice to the parties in the civil case. He directed them to appear in August for a hearing that would manage the proceedings.
Court papers show that settlement negotiations were held in December, but did not result in a resolution.
According to city officials, the office complex would bring significant economic benefits. These include 7,700 construction job opportunities and $777million in construction wages over its lifetime. It is expected that 6,400 people will be employed on the new campus once it is complete.
Scott Knies, executive Director of the San Jose Downtown Association, stated in an August 2021 letter that the office campus would be a welcome addition to the city.
Knies wrote in the letter that we expect it to be an important part of the downtown skyline. It will be an emblem of a growing and changing city.
