Jose Theatre

Thanks to all who helped and supported us in this effort!

Below is a brief history of our efforts to save the Jose Theatre. Many of the supporting documents we used are included and may be helpful to you.

late 1996 The Jose Theatre, an Historic Landmark built in 1904, is threatened to be torn down by a Redevelopment Agency approved project for housing.

The approved project included the demolition of two Contributing Structures, Jose Theatre and Hong Kong Market, in the city's Downtown Commercial National Register Historic District. It was only a few years ago that the city had demolished Costa Hall, another Contributing Structure on the same block. With the impending loss of the these buildings, the district's integrity was slipping away.

beginning early 1997 PAC*SJ mobilizes to save the theatre.

Articles

Read our article on the Jose Theatre project developments from the Winter 1997 edition of our newsletter Continuity. Or read about our response to the Environmental Review performed by the Redevelopment Agency.

Environmental Impact Analysis

A Focused EIR came out for review in February 1997. Our comments on the Notice of Preparation for the EIR were sent to the city on January 21, 1997. Our response to the EIR was submitted by April 21, the deadline for public comment on the first draft. 

Support

California Preservation Foundation and National Trust are supporting our legal action. This great letter outlines the reasons for CPF's support.

11/18/98 Judge Herlihy denies our request for a Writ of Mandamus. 
12/22/98 PACSJ files an Appeal. Court of Appeals Grants a Temporary Stay of the lower court's ruling.
1/5/99, 1/19/99

Legal Briefs:

Here is our legal brief for the hearing that was on November 10th in Santa Clara County Court. The final reply brief is here.

1/29/99

Court of Appeals Stay Order:

  • "We grant the petition of Preservation Action Council of San Jose for a writ of supersedeas, as follows:  Let a writ of supersedeas issue, staying, pending this appeal, respondents and/or real parties in interest and their agents, employees, representatives, and all persons and entities from physical alteration of the Jose Theater or Hong Kong Market, including, but not limited to, demolition, exterior or pre-demolition work, and removal of contents from the interior of said buildings.

Petition for Stay GRANTED by Court of Appeals

8/99

City Council Approves a Development Agreement that saves the Jose Theatre:

Mayor Ron Gonzales set his staff to renegotiate the Existing Development Agreement that we challenged in court. The new agreement gave the developer the option of developing a project while sparing the theater, or having his costs reimbursed and not pursuing any development. The proposed project, will have fewer units, but will fill in a blighted section of 2nd and 3rd Streets, while allowing the theater to be rehabilitated in the future.

6/01 City Council Approves 10 year lease with Improv Comedy Club for the Jose Theatre