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Historic Preservation

Frequently Asked Questions

Historic preservation is an approach to preserving significant structures, sites, and objects which represent a physical connection with people and events from our past. Historic preservation utilizes various land use planning strategies, governmental programs, and financial incentives to identify and rehabilitate historic resources. The preservation of historic structures and sites helps to create an unique environment and sense of place in San Jose . This cultural richness strengthens the local economy by promoting tourism and encouraging investment
Download "What is Historic Preservation" pamphlet here.

Q:     Does the City have historic preservation goals or policies?
A:     The San Jose 2020 General Plan contains goals and policies which encourage historic preservation. These goals and policies encourage the protection and preservation of historic resources within the City. The primary General Plan goal is to preserve historically and archaeologically significant structures, sites, districts, and artifacts in order to promote a greater sense of historic awareness and community identity, and to enhance the quality of urban living.

Q:     How is historic preservation implemented?
A:     Adopted in 1975, the City's Historic Preservation Ordinance (Chapter 13.48 of the Municipal Code) authorizes the City to:

  • Establish an Historic Landmarks Commission,
  • Maintain an Historic Resources Inventory,
  • Preserve historic properties using a Landmark Designation process.
  • Require Historic Preservation Permits, and provide financial incentives through Mills Act Historical Property Contracts.

Q:     What is the Historic Landmarks Commission?
A:     The Historic Landmarks Commission is a seven-member advisory body appointed by the City Council. The Commission reviews additions and deletions to the Historic Resources Inventory. The Commission also makes recommendations to the City Council on proposed City Landmarks, and to the Director of Planning on Historic Preservation Permits and other proposals which may affect historic structures, sites, or objects. The Historic Landmarks Commission is staffed by the Planning Division which holds regular public meetings on the first Wednesday of each month at City Hall. For more information contact John Davidson at (408) 535-7895 or Loretta Bracket at (408) 535-7855.
Select to view meeting agendas.

Q:     How do I know if my property is listed as an historic resource?
A:     The City's Historic Resources Inventory identifies known and potential historic properties. It is also a resource for designating future City landmarks. The Inventory also provides a basic level of protection to potential historic resources such as single family homes. Select to visit Historic Resources Inventory page

Q:     What is an Historic Preservation Permit?
A:     An Historic Preservation (HP) Permit is an approval of a request for any exterior work performed either on a designated City Landmark, or in a City Historic District. An HP Permit protects San Jose's historic treasures by maintaining their integrity and character.

HP Permits are required addition to other permits that maybe be required by the Municipal Code. Exterior changes include alteration, reconstruction, construction, rehabilitation, restoration, remodeling or similar activity which alter the visual or structural quality of the Landmark's exterior. An HP Permit is also required to construct any new structure, or to demolish, remove or relocate existing Landmark structure. Proposed exterior changes to other properties listed on the Inventory are reviewed through the development process.

Q:     How do I know if I need an Historic Preservation Permit?
A:     If your property is either a designated City Landmark, or is located within a City Historic District, an Historic Preservation Permit Application is required. In addition to any other development permit that may be required for your project, you must have an Historic Preservation Permit approved before obtaining a building permit to perform any exterior work.

Q:     How long does the process take?
A:     An Historic Preservation Permit generally takes 60-90 days to process. After filing, your Historic Preservation Permit application will be forwarded to the Historic Landmarks Commission (HLC) for review. An Historic Preservation Permit could require additional processing time if your project also requires a development permit, such as a Conditional Use Permit, or more extensive, Environmental Review, such as an Historic Report or a traffic analysis.

Q:     Who approves an Historic Preservation Permit?
A:     The Director of Planning may approve, conditionally approve, or deny an application for an Historic Preservation Permit after holding a noticed public hearing. The Director considers the recommendations of the Historic Landmarks Commission. The Director's Hearing provides both the applicant and interested community members an opportunity to participate in the process. Director's Hearings are held every Wednesday of the month, except the first Wednesday, at City Hall. The Director's decision may be appealed to the City Council.

Q:     What is a Historic Resource Survey?
A:     Historic resource surveys are completed for several reasons. They are conducted by qualified consultants and tell us what properties are architecturally and historically significant and what properties are eligible for designation locally and at the state and federal levels. Surveys promote awareness of San Jose’s rich and varied history, and provide important environmental review information on a property’s significance in advance of a development project.  Each survey project includes a field inspection, photography and historical research on each property in order to establish historic and architectural significance. Individual properties and areas are then evaluated for significance in accordance with local, state, and national criteria for 1) their association with patterns of events, 2) their connection to people important in local, state or national history, and/or 3) for their architectural distinction.  State Department of Parks and Recreation (DPR) historic evaluation forms are completed for each surveyed property. Copies of these forms are on file in the Planning Department, the San Jose Public Library and at History San Jose.  

Q:     What is a Historic Resource?
A:     A Historic Resource is general term for any property that is listed or has been determined eligible for listing in the City of San Jose Historic Resources Inventory (HRI), in accordance with local, state, and federal criteria, and Title 13.48 (Historic Preservation Ordinance) of the City of San Jose Municipal code.  The City and Historic Landmarks Commission maintain the HRI, which identifies known historic resources of varying significance.  A City Landmark is a highly significant historic resource meeting the qualifications for landmark designation as defined in the Historic Preservation Ordinance.  A Structure of Merit is a special historic resource that does not merit City Landmark designation, but contributes to the historic fabric of the City or neighborhood.  A Contributing Structure may be less significant individually than it is as an element located within a National Register Historic District, City Landmark Historic District, or Conservation Area.

Q:     What is a National Register Historic District?
A:     A National Register Historic District is an area that has been determined by the Keeper of the National Register (the Secretary of the Interior) to be of national, state, or local significance based on National Register criteria.  Properties so designated are also eligible for certain federal tax credits, and in California, listing on the National Register also by definition defines properties as part of the California Register of Historical Resources.  Single Family House Permits for changes to single family homes and Development Permits for changes to multi-family residential and non-residential properties are reviewed for conformance with the City’s Your Old House Design Guidelines and the Secretary of the Interior’s Standards for Rehabilitation.  Rehabilitation of a Contributing Structure in a National Register Historic District that meets the Your Old House Design Guidelines and the Secretary of the Interior’s Standards would be generally considered to have a less than significant impact on the environment.  However, a project proposing an adverse change or demolition of a Contributing Structure would be generally considered to have a significant impact on the environment, and as such would require disclosure and consideration of mitigation measures, alternatives, and findings of infeasibility through the Environmental Impact Report (EIR) process. 

Q:     What is a City Landmark Historic District?
A:     A City Landmark Historic District is a geographically definable area of urban or rural character, possessing a significant concentration or continuity of site, building, structures or objects unified by past events or aesthetically by plan or physical development.  Historic Preservation Permits, Amendments, or Adjustments for work performed on properties located within City Landmark Historic Districts are reviewed for conformance with the City’s Your Old House Design Guidelines and the Secretary of the Interior’s Standards for Rehabilitation.  Rehabilitation of a Contributing Structure in a City Landmark Historic District that meets the Your Old House Design Guidelines and the Secretary of the Interior’s Standards would be generally considered to have a less than significant impact on the environment.  However, approval of a project proposing an adverse change or demolition of a Contributing Structure would be generally considered to have a significant impact on the environment, and as such would require disclosure and consideration of mitigation measures, alternatives, and findings of infeasibility through the Environmental Impact Report (EIR) process. 

Q:     What is a Conservation Area?
A:     A Conservation area is a geographically definable area of urban or rural character with identifiable attributes embodied by architecture, urban design, development patterns, setting, or geography; and history.  Conservation Areas have a distinctive character and/or reflect significant development patterns associated with different eras of the City’s growth.  Single Family House Permits for changes to single family homes and Development Permits for changes to multi-family residential and non-residential properties are reviewed for conformance with the City’s Your Old House Design Guidelines and the Secretary of the Interior’s Standards for Rehabilitation.

Q:     How do I know if my property is currently listed in the Historic Resources Inventory?
A:     Contact the City of San Jose Development Services Center at (408) 535-3555 or visit the Historic Resources Inventory page @ http://www.sanjoseca.gov/planning/Historic/Histresource.asp to find out if your property is listed in the Inventory in advance of planning any exterior alterations or additions. This also applies to any planned new construction that may be within a historic district or conservation area.

Q:     What are the benefits of listing in the Historic Resources Inventory?
A:     All owners of properties listed in the Historic Resources Inventory can use the State Historic Building Code, which allows more flexibility (and potential financial savings) than the regular code requirements; and the General Plan Policies, which allow alternate Land Uses through the Planned Development Zoning process when planning alterations to historic resources.  Properties listed in or determined eligible for listing in the National Register of Historic Places are also eligible for certain federal tax credits.  Owners of City Landmarks can also apply for Property Tax relief under the Mills Act/Historic Property Contract, as well as exemption from Building CRMP Construction Taxes.

Q:     How do I research the history of my property?
A:     Qualified consultants can be retained to research and evaluate historic properties.  Two major locations to complete research on a historic property are:

  1. The California Room of the San Jose King Library is located at 150 E. San Fernando Street http://www.sjlibrary.org/research/special/ca/index.htm (408) 808-2167

  2. Contact the History San Jose Research Library research@historysanjose.org 

(408) 521-5026 to schedule an appointment

Q:     Where do I go for more information on the City’s Historic Preservation Program?
A:     For more information on the City’s historic preservation program and the Historic Landmarks Commission go to: http://www.sanjoseca.gov/planning/Historic/  or call the Development Services Center, located in City Hall, 200 East Santa Clara Street, (408) 535-3555.

Historic Preservation Section Links
 

 

 

Last Modified Date: 7/31/2009

 
 

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