San Jose Municipal Code Part 2 Designation

A. Any potentially historic property can be nominated for designation as a city landmark by the City Council, the Historic Landmarks Commission or by application of the owner or the authorized agent of the owner of the property for which designation is requested. When a landmark has been nominated by application of the owner or authorized agent of the owner, the application may be withdrawn at any time by the applicant by the filing of a notice of such withdrawal with the City Clerk, provided that said applicant may reapply for landmark designation at any time thereafter, and provided that the Council may nominate the property for such designation at any time after withdrawal. Any nomination for designation by the Historic Landmarks Commission and City Council shall occur after a duly noticed public hearing on the proposed nomination.

B. Any such nomination applications shall be filed with the Director of Planning upon the prescribed form and shall include the following data:

1. Assessor's parcel number of the site;

2. Description of the characteristics and category of the landmarks which meets the requirements this chapter detailing the landmark's special historical, architectural, cultural, aesthetic, or engineering interest or value of an historical nature;

3. Sketches, drawings, photographs or other descriptive material;

4. Statement of condition of the proposed landmark;

5. Statement of the special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature of the proposed landmark; and

6. Other information requested by said Director.

C. When the nomination documentation is complete, the Director of Planning, Building and Code Enforcement, shall initiate the procedure for the designation of a landmark so nominated by setting the public hearing on the proposed designation required by this Section 13.48.110 before the Historic Landmarks Commission for its recommendation on nominations made by the City Council or a property owner or before the City Council for nominations made by the Historic Landmarks Commission.

D. Whenever proceedings for designation of a landmark have been initiated or withdrawn, the City Clerk shall transmit a copy of the record of initiation or withdrawal to the Director of Planning and Director of Public Works, for their information, and to the Building Official to be maintained in the roster of proposed and designated landmarks and historic districts.

E. Every proposed designation of a landmark nominated by the City Council or property owner shall be considered by the Historic Landmarks Commission at a public hearing. The hearing of the Commission shall be held within ninety (90) days from the date that the Director of Planning, Building and Code Enforcement initiates a proposed landmark nomination for designation by setting a public hearing before the Historic Landmarks Commission. The Historic Landmarks Commission shall report to City Council within thirty (30) days after the close of the public hearing on the landmark nomination, in any event, no later than one hundred twenty days (120) from initiation.

F. Notice of the time and place of such Commission hearings and the purpose thereof shall be given by publication of a notice to appear once in a newspaper of general circulation in the City of San José of at least ten (10) days prior to the date of said hearing; and by mailing the same, postage prepaid, (1) the owner of said property, as shown on the last equalized assessment roll adopted by the County of Santa Clara, or to the address shown for such purposes on the application if the proceedings were initiated by application of the owner, and (2) the occupant of the property if other than the owner. In addition, the Director of Planning, Building and Code Enforcement shall cause notices of the time, place, and purpose of such hearings to be posted along the frontage of the site of the proposed landmark. Said notices shall contain:

1. A statement of the general location of the landmark;

2. A notice of the time and place and purpose of the hearing;

3. A reference to the application or other documents on file with the Director of Planning for particulars;

4. A statement that any interested person may appear in person or by agent and be heard; and

5. An identification and description of the landmark.

G. After such public hearing, the Historic Landmarks Commission shall recommend to the City Council approval, disapproval or modified approval of every such proposed landmark designation. Such recommendation shall be advisory only and shall not be binding on the Council. Failure of the Historic Landmarks Commission to report to the Council within one hundred twenty (120) days of the date of initiation of the proposed landmark designation by the Director of Planning shall be deemed a recommendation of denial of the proposed designation.

H. Prior to nominating a potentially historic property for designation as a city landmark and/or recommending approval or modified approval of a proposed designation as a city landmark, the Historic Landmarks Commission shall find that said proposed landmark has special historical, architectural, cultural, aesthetic, or engineering interest or value of an historical nature, and that its designation as a landmark conforms with the goals and policies of the general plan. In making such findings, the Commission may consider the following factors, among other relevant factors, with respect to the proposed landmark:

1. Its character, interest or value as part of the local, regional, state or national history, heritage or culture;

2. Its location as a site of a significant historic event;

3. Its identification with a person or persons who significantly contributed to the local, regional, state or national culture and history;

4. Its exemplification of the cultural, economic, social or historic heritage of the City of San José;

5. Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

6. Its embodiment of distinguishing characteristics of an architectural type or specimen;

7. Its identification as the work of an architect or master builder whose individual work has influenced the development of the City of San José; and

8. Its embodiment of elements of architectural or engineering design, detail, materials or craftsmanship which represents a significant architectural innovation or which is unique.

I. After receiving a nomination and/or recommendation from the Historic Landmarks Commission, the City Council shall hold a public hearing at the earliest next regular meeting, consistent with the agenda preparation procedure. The City Clerk shall give notice of the time and place of the hearing in the manner prescribed by Subsection F. of this Section for noticing such hearings before the Historic Landmarks Commission.

J. The City Council by written resolution may approve, disapprove, or give modified approval to a proposed designation.

K. Prior to the approval or modified approval of designation, the City Council shall make those findings specified in Subsection H. of this Section.

L. When a landmark has been designated by the Council, as provided above, the City Clerk shall promptly notify the owners of the property included therein by mailing to them a certified copy of the resolution of the Council in the manner prescribed for mailing notices in this Section, or such other address as the owner may request at the time of the hearing. Such resolution shall be recorded by the City Clerk in the Office of the Recorder of the County of Santa Clara. The Clerk shall also send a certified copy of said resolution to the Director of Planning, Building and Code Enforcement, Director of Public Works, the Building Official, and the occupant of the property.

M. Landmarks so designated shall be subject to the provisions of Part 3 of this chapter.

(Ords. 20884, 21704, 23408, 28652.)

A. Any geographically defined area can be nominated as a city historic district by the city council, the historic landmarks commission, the planning commission or by application of persons who own sixty percent of the land proposed to be included in the district or the authorized agents of such owners.

B. Any such applications by the owners, or their authorized agents, shall be filed with the director of planning upon the prescribed forms and shall include the following data:

1. Statement of the district's special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature;

2. Drawings, photographs, or other descriptive material;

3. Assessor's parcel map showing the properties to be included in the proposed district; and

4. Other information requested by the director of planning.

The application shall be accompanied by a filing fee in the amount set forth in the schedule of fees adopted by the city council. This fee shall be in addition to other fees required by law. The application will not be accepted as complete by the director until all fees have been paid, and the environmental documentation required by CEQA and Title 21 of this Code has been completed.

C. After the environmental documentation required by CEQA and Title 21 of this Code has been completed, the city council, by resolution, shall initiate the procedure for the designation of an historic district so nominated.

D. Whenever proceedings for the designation of an historic district have been initiated or withdrawn, the city clerk shall transmit a copy of the record of initiation or withdrawal to the director of planning, director of neighborhood preservation, and director of public works for their information, and to the building official to be maintained in the roster of proposed and designated historical landmarks and historic districts.

E. The director of planning shall refer the resolution of the initiation of the proposed historic district to the historic landmarks commission for report and recommendation to the planning commission, and to the planning commission for report and recommendation to the city council. The historic landmarks commission and the planning commission shall each hold a public hearing, notice of which shall be given by publication of a notice to appear once in a newspaper of general circulation in the City of San José of at least ten days prior to the date of said hearing, and by mailing the same, postage prepaid, to:(1) the owner of said property, as shown on the last equalized assessment roll adopted by the county of Santa Clara, or to the address shown for such purposes on the application if the proceedings were initiated by application of the owners; (2) the occupants of the property if other than the owners; and (3) the owners, as shown on the last equalized assessment roll adopted by the county of Santa Clara, of lots or parcels of land which (either in part or in their entirety) are situated within three hundred feet of such proposed historic district. Said notices shall contain:

1. A statement of the boundaries of the proposed district;

2. A notice of the time and place and purpose of the hearing;

3. A reference to the application or other documents on file with the director of planning for particulars;

4. A statement that any interested person may appear in person or by agent and be heard.

F. The historic landmarks commission shall transmit its report and recommendation to the planning commission within thirty days of the close of the public hearing, in any event, no later than one hundred twenty days from city council initiation.

G. After such public hearings, the historic landmarks commission and the planning commission shall recommend approval, disapproval, or modified approval of the proposed designation. In recommending approval or modified approval, the historic landmarks commission and the planning commission may recommend that such designation be subject to such conditions as they deem reasonably necessary to secure the purposes of this chapter. The recommendations of both commissions for approval, disapproval or modified approval shall be advisory only and shall not be binding.

H. In recommending approval or modified approval, the historic landmarks commission and the planning commission shall find that said proposed historic district is a geographically definable area of urban or rural character, possessing a significant concentration or continuity of site, buildings, structures or objects unified by past events or aesthetically by plan or physical development.

I. The planning commission shall transmit its report and recommendation, together with any report and recommendation from the historic landmarks commission, to the city council within one hundred fifty days of the initiation; provided that no action shall be taken by the planning commission during the ninety-day review period of the historic landmarks commission unless it has received the report and the recommendation of the historic landmarks commission.

J. The city council shall hold a public hearing on any proposed designation so transmitted, notice of which shall be given in the same manner as specified in subsection E. of this section. Failure of the planning commission to report its recommendation to the city council within the time prescribed in subsection I. of this section shall be deemed a recommendation for denial of said district, and at the expiration of such period the council may hold its public hearing despite the failure of the planning commission to submit said recommendation. The city council by written resolution may approve, modify and approve, or deny the proposed designation. The council may make such designation subject to such conditions as it deems reasonably necessary to secure the purposes of this chapter. The council shall not make any such designation unless, with respect thereto, it makes the findings specified in subsection H. of this section.

K. When a district has been so designated by the city council, as provided above, the city clerk shall promptly notify the owners of the property included therein by mailing to them a certified copy of the resolution of the council in the manner prescribed for mailing notices in this section, or such other address as the owner may request at the time of the hearing. The city clerk shall transmit a certified copy of said resolution to the director of planning, director of neighborhood preservation, director of public works, and the building official.

L. The property included in any such designation shall be subject to the provisions set forth in Part 3 of this chapter as well as any conditions set forth in the designation resolution.

(Ords. 20884, 21704, 23408.)

A. When a landmark has been designated as a landmark and when property has been designated as an historic district, such designation may thereafter be rescinded or amended by the city council. The procedure for amending or rescinding the designation shall be the same as that for designation of a landmark or a district in the first instance. The council may rescind a designation in whole or in part when it deems it to be in the public interest to do so. The council may amend a designation when the findings required for designation in the first instance may be made with respect to the amended designation.

B. The city clerk shall promptly notify the owners of the affected landmark or property by mailing a certified copy of the resolution amending or rescinding the designation, and shall cause a copy of the appropriate resolution to be recorded in the office of the recorder of Santa Clara County. The clerk shall also send a certified copy of said resolution to the director of planning, the director of neighborhood preservation, director of public works, the building official and the occupant of the property.

(Prior code § 8958; 13.48.120; Ords. 20884, 21704.)