PAC
Preservation Action Council v. City of San Jose
Opinion
Opinion
Mihara, J.
The questions before us in this case are whether (1) the analysis of alternatives in an Environmental Impact Report (EIR) was adequate, (2) the City of San Jose’s rejection of an environmentally superior alternative was justified by a specific infeasibility finding and supported by substantial evidence, (3) the City of San Jose erred in failing to recirculate the EIR in response to an additional alternative proposed by a project opponent, and (4) the City of San Jose’s responses to comments on the EIR were adequate. We conclude that the City of San Jose’s analysis of a reduced-size alternative was inadequate and its rejection of this alternative was unjustified and unsupported. We therefore affirm the trial court’s decision issuing a writ of mandate requiring the City of San Jose to rescind its decision certifying the EIR and approving the project.
I. General Background
Intervener International Business Machines, Inc. (IBM), owns an 18.75-acre site on which stands Building 025, other structures, parking lots and landscaping. Building 025 is a 69,000-square-foot building consisting of five wings connected by a narrow spine. It was built in the mid-1950’s, and IBM…