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Permits for Properties Listed on the Historic Resources Inventory

Is your property listed on the Historic Resources Inventory? If yes, and you're planning to make improvements, be sure to understand the permit process that applies to your project. 

STEP ONE: Determine Resource type

If your property is listed on the Historic Resources Inventory, view the Inventory to determine the classification of the property. Enter the property's address in the GIS map and click on the blue dot to view information, including the classification. Classifications are defined at the bottom of the Historic Resources Inventory webpage. 

  • Other types of historic resources - If your property is listed in the Historic Resources Inventory as a Structure of Merit, Contributing Structure, Identified Structure or is located in a Conservation Area, proceed to Step 3, you must obtain a Single Family House Permit if the property contains a house or a Planning Adjustment if the property contains a multi-family, commercial or industrial building. 

STEP TWO: DETERMINE PERMIT TYPE

These are the types of historic preservation permit processes:

  • HP Permit Adjustment
  • HP Permit or HP Permit Amendment

Here's how to determine which process to use:

MINOR EXTERIOR ALTERATIONS
For minor exterior modifications, use the HP Permit Adjustment Application.  Examples of minor exterior work include: 

  • Changes to doors, windows, and trim
  • Reroofing
  • Small side and rear additions 
  • Exterior stair or deck replacement
  • Rear yard accessory structures
  • Fences
  • Landscaping

All work must comply with the applicable design guidelines that are listed below and done in a manner so as not to affect the historic significance, use, general character, architectural style, circulation, or other site function of the property.

HP Permit Adjustments are processed by City Planning staff and do not require a public hearing. Please note that a pre-existing HP Permit is NOT required when new minor work is proposed.

MAJOR ALTERATIONS AND NEW CONSTRUCTION
Projects that do not qualify as minor (bullet list above) require a HP Permit; use the Permit/Amendment Application. If you already obtained a HP Permit and subsequently want to propose modifications to an approved project, you will need to amend your HP Permit. HP Permits and HP Permit Amendments entail public hearings and a recommendation by the Historic Landmarks Commission. Here's how the process works:

Planning Staff - Intake the application, check for completeness, issue an invoice, collect application fee payment, and assign a File Number. They will review the application and assess environmental impacts. When the application is deemed complete, staff will prepare a report, draft the HP Permit with recommendations, environmental clearance, and notices for public hearing by the Historic Landmarks Commission and applicable approval body. Staff then make any amendments recommended by the Historic Landmarks Commission to the draft HP Permit for hearing by the Planning Director or the Planning Commission or City Council if the permit is being considered through the concurrent review process with other Planning applications.

Historic Landmarks Commission - The Historic Landmarks Commission conducts a public hearing and reviews the project for conformance with the Secretary of the Interior's Standards for Rehabilitation and, if applicable, the Your Old House: Guide for Preserving San José Homes. The Historic Landmarks Commission considers the evidence and public comment, and makes a recommendation to the Planning Director.

Planning Director - The Planning Director conducts a public hearing and considers public input and the staff/commission recommendations, and then approves, conditionally approves, or denies the application. The Planning Director must find that the work will not be detrimental to a City Landmark or a City Landmark District and is consistent with the spirit and purposes of the Historic Preservation Ordinance. The Planning Director's decision may be appealed to the City Council within 10 days of the decision.

Planning Commission or City Council - The Planning Commission or City Council will consider and act on HP Permits and HP Permit Amendments under Municipal Code Section 20.100.040 of Chapter 20.100 (“Concurrent Review”) when a single project involves multiple development permits where the highest level decision-maker for those permits are either the Planning Commission or the City Council.

Appeals - The City Council will consider and act on an appeal of a decision made by the Planning Director or Planning Commission. If Council denies the appeal, the Council decision is final. If Council approves the appeal, the decision is effective immediately.

Step 3 Single Family House Permits and Planning Adjustments

DESIGN GUIDELINES FOR HISTORIC RESOURCE PROJECTS

Projects involving historic resources are evaluated by staff and qualified consultants for conformance with the following Council-approved design guidelines:

Resources/Forms

CONTACTS

For assistance, contact the City Historic Preservation Officer or speak with a City Planner. A City Planner can help you determine:

  1. The Zoning and General Plan designation of your property. You can also look this up by entering your address on the Zoning Map and on the Land Use Designations Map. 

  2. If a companion Development Permit and environmental review are required for your project.

Contact the City Historic Preservation Officer, Dana Peak, at dana.peak@sanjoseca.gov. 

To speak with a City Planner, call Development Services at 408-535-3555 during these service hours. Select Option 1 in the self-service menu or hold for the next available representative to route your call.

Para información en español, comuníquese con un Planificador de la ciudad al 408-793-4100

Để được hỗ trợ, nói chuyện với Người lập kế hoạch thành phố tại 408-793-4305.