Neighborhood opposition against a proposed seven-story apartment complex in Willow Glen has entered a new phase, after one resident launched a lawsuit intended to force the city into conducting a more thorough review of the development’s potential impact on the area’s sewer system.
Jeffrey Yuille, who lives directly adjacent to the proposed development site at 940 Willow St., filed a lawsuit on April 17. The legal challenge takes aim at the city’s finding that the existing sewer infrastructure is adequate to service the 126 apartments slated for construction at the site. The complaint contends the city’s analysis of sewer capacity was flawed, calling into question a certification that allowed the project to bypass additional environmental review. The lawsuit asks the Santa Clara County Superior Court to essentially halt the project until the site is cleared by an independent inspector.
The lawsuit comes after the San Jose Planning Commission rejected an appeal from a nearby resident, who urged the commissioners to overturn the development permit on grounds the project does not meet city design standards.
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Yuille attended the March 11 appeal hearing. During public comment, he laid out a litany of concerns about the city’s hydraulic analysis, and demanded a more rigorous review to prove “with math not assumptions” the extra load from the new apartment building would not trigger a sewage backup in his home…