San Jose Municipal Code Part 1 General Provisions

A. The council of the City of San José hereby finds that in order to promote the economic and general welfare of the people of the City of San José, and to ensure the harmonious, orderly and efficient growth and development of the municipality, it is deemed essential by the council of the City of San José that the qualities relating to the history of the City of San José and a harmonious outward appearance of structures which preserve property values and attract tourists and residents alike be preserved; some of these qualities are the continued existence and preservation of historic districts and landmarks; continued construction of structures in the historic styles and a general harmony as to style, form, color, proportion, texture and material between buildings of historic design and those of more modern design; that such purpose is advanced through the preservation and protection of the old historic or architecturally worthy structures and neighborhoods which impart a distinct aspect to the City of San José and which serve as visible reminders of the historical and cultural heritage of the City of San José, the state, and the nation.

B. The purpose of this chapter is to promote the public peace, health, safety and welfare through the preservation of landmarks and districts and thereby stabilize neighborhoods and areas of the city; enhance, preserve and increase property values; carry out the goals and policies of the city's general plan, increase cultural, economic and aesthetic benefits to the city and its residents; preserve, continue and encourage the development of the city to reflect its historical, architectural, cultural, and aesthetic value or tradition; protect and enhance the city's cultural and aesthetic heritage; and promote and encourage continued private ownership and utilization of such structures.

(Prior code § 8950; Ord. 20884.)

As used in this Chapter, the following terms shall have the following meanings unless otherwise indicated from the context:

A. Detrimental. The term "detrimental" shall mean any work that substantially alters the historic integrity of a landmark or property in a historic district.

B. Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of an Historical Nature. The term "historical, architectural, cultural, aesthetic, or engineering interest or value of an historical nature" shall mean a quality that derives from, is based upon, or related to any of the following factors:

1. Identification or association with persons, eras or events that have contributed to local, regional, state or national history, heritage or culture in a distinctive, significant or important way;

2. Identification as, or association with, a distinctive, significant or important work or vestige:

a. Of an architectural style, design or method of construction;

b. Of a master architect, builder, artist or craftsman;

c. Of high artistic merit;

d. The totality of which comprises a distinctive, significant or important work or vestige whose component parts may lack the same attributes;

e. That has yielded or is substantially likely to yield information of value about history, architecture, engineering, culture or aesthetics, or that provides for existing and future generations an example of the physical surroundings in which past generations lived or worked; or

f. That the construction materials or engineering methods used in the proposed landmark are unusual or significant or uniquely effective.

3. The factor of age alone does not necessarily confer a special historical, architectural, cultural, aesthetic or engineering significance, value or interest upon a structure or site, but it may have such effect if a more distinctive, significant or important example thereof no longer exists.

C. Historic District. "Historic district" shall mean 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 that is designated as a historic district by the City Council pursuant to Section 13.48.120.

D. Historic Integrity. The term "historic integrity" shall mean a property's ability to convey its historical, architectural, cultural, aesthetic, or engineering interest or historical significance through its physical characteristics.

E. Landmark. The term "landmark" shall mean any of the following which have a special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature that is designated by the City Council pursuant to Section 13.48.110:

1. An individual structure or portion thereof;

2. An integrated group of structures on a single lot;

3. A site, or portion thereof; or

4. Any combination thereof.

F. Preservation. The term "preservation" shall mean the protection, conservation, enhancement, perpetuation, rehabilitation, restoration, repair, reconstruction or other action taken to repair, conserve or prevent the deterioration or destruction or removal of a landmark or property in a historic district.

G. Site. The term "site" shall mean any place or area or any portion thereof, including any thing, element or fixed object thereon, whether man-made or natural.

H. Structure. The term "structure" shall mean anything directly or indirectly fixed or attached to the ground, which is built or constructed by man. A "structure" includes, but is not necessarily limited to, buildings, monuments, edifices, signs, fences, fountains, walks, kiosks, bridges, gates, walls, cemetery markers, and building appendages such as marquees, awnings and lighting fixtures.

I. Substantial Alteration. The term "substantial alteration" means demolition, destruction, relocation, new construction or alteration activities that would impair the historic integrity and significance of a landmark, or property within a historic district. Evaluation of the alteration shall be informed by the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

(Prior code § 8952; Ords. 20884, 24212, 31280.)

"Historic landmarks commission," also referred to as "commission," shall mean the commission established pursuant to the provisions of Part 26 of Chapter 2.08.

(Ord. 25209.)

A. The provisions of this section shall apply to all proceedings under this chapter whether for designation of a landmark or historic district or for issuance of an HP permit.

B. The city clerk shall cause publication of the notices of all hearings conducted under this chapter.

C. The notices of public hearings or actions of any person or body under this chapter which are required to be mailed shall be mailed by the director of planning for hearings conducted and actions taken by the said director, planning commission, and the historic landmark commission, and by the city clerk for hearings conducted and actions taken by the city council. Upon completion thereof, the director of planning or the city clerk, as the case may be, shall cause to be filed in the proceedings an affidavit or affidavits of the giving of such notice.

D. Notwithstanding the preceding provisions of this chapter, the failure of any person to mail any notice required under this chapter, or the failure of any person to receive the same, shall not affect in any way whatsoever the validity of any proceedings under this chapter, or the validity of any action of any officer or body taken in such proceedings, nor prevent any officer or body in any such proceedings from proceeding with any hearing.

(Prior code § 8968; 13.48.220; Ords. 20884, 21704.)

A. In order to help carry out the goals and policies of the city's general plan, and in particular, to further the purposes of this chapter, an inventory of potentially historical and/or architecturally significant structures shall be maintained. This inventory shall be designated as the historic resources inventory.

B. The historic resources inventory shall serve as a resource document which can be used as a foundation for future designation of historic landmarks and/or districts, reviewing and evaluating proposed alterations or removal of structures and proposed development on sites identified therein.

(Ord. 23408.)

A. Appointment. There shall be a city historic preservation officer within the department of city planning who is appointed by the director of planning.

B. Duties. The historic preservation officer shall, among other responsibilities:

1. Encourage and promote the preservation of historic landmarks, sites, and documents, and protect the interests of historic preservation through the environmental review process and through the development permit process;

2. Provide staff support to the historic landmarks commission, including acting as liaison between the commission and the public, city staff, and other historic preservation agencies;

3. Maintain an up-to-date historic resources inventory for the City of San José.

(Ord. 23408.)