San Jose Municipal Code Part 9.5 Streamlined Implementation for Properties on the Historic Resources…

Footnotes:

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Editor's note— Ord. 31329, § 2, adopted June 16, 2026, amended the title of Part 9.5 to read as herein set out. The former Part 9.5 title pertained to "Streamlined Implementation for Properties of Lesser Significance Listed on the Historic Resources Inventory Within R-1 and R-2 Zoning Districts."

A. This Part is enacted to establish objective design standards for streamlined ministerial development of up to two (2) one-family dwellings or one (1) two-family dwelling on a single lot located within R-1 or R-2 Zoning Districts, for properties listed on the San José Historic Resources Inventory that are not also individually listed on the National Register of Historic Places, California Register of Historical Resources, and/or a designated City Landmark or a contributing structure in a Historic District or Conservation Area. Such properties may be eligible for two-unit development with discretionary review under Sections 20.30.810, 20.30.865 and 20.30.866 and the issuance of a Single Family House Permit or Historic Preservation Permit.

B. If a property (such as a standalone Contributing Structure outside of a historic area) is listed in the Historic Resources Inventory and is also classified as a historical resource (listed on the National Register of Historic Places, California Register of Historic Resources and/or, the San José Historic Resources Inventory as a City Landmark or Historic District or Conservation Area, then the higher significance classification is applied and development would proceed under Section 20.30.866 or Section 20.30.865 if the property is also a designated City Landmark, and the project shall not be processed using the streamlined ministerial development process and objective design standards.

C. Pursuant to Sections 65852.21 and 66411.7 of the Government Code, as amended, properties on the Historic Resource Inventory that are located in R-1 zoning districts may qualify for ministerial approval for lot splits if they conform to the following requirements:

1. The property does not contain an individual historical resource that is listed on the National Register of Historic Places, California Register of Historical Resources, and/or the San José Historic Resources Inventory as a City Landmark.

2. The property contains a contributing structure in a historic district listed on the National Register of Historic Places, California Register of Historical Resources, and/or the San José Historic Resources Inventory as a City Landmark District that is not proposed to be altered or demolished.

3. The lot split on property located in a historic district listed on the National Register of Historic Places, California Register of Historical Resources, and/or the San José Historic Resources Inventory as a City Landmark District or Conservation Area does not propose to alter or demolish a structure's existing exterior structural wall.

4. Historic properties that qualify for ministerial lot splits shall utilize provisions of Part 8 of Chapter 20.30 for subdivision regulations.

(Ords. 31298, 31329.)

This Section establishes objective design standards to allow two (2) one-family dwellings or one (1) two-family dwelling on properties located within R-1 Zoning District or R-2 Zoning District as established in Section 20.30.860.

A. Demolition. New dwelling units shall not result in the demolition of more than twenty-five percent (25%) demolition of the exterior wall/s of an existing one-family dwelling unit on site and shall be limited to side and/or the rear wall or side wall not visible from the public right-of-way.

B. Facade Preservation. New dwelling units shall not physically alter or modify existing one-family dwelling unit facades visible from the public right-of-way.

C. Exterior Materials. Primary exterior materials of new dwelling units shall match in type and finish the primary exterior cladding and roofing materials of the existing dwelling unit or new materials demonstrate a similar level of visual weight, surface texture, reflectivity, and color value when viewed from the public right-of-way, with the exception of non-contributing buildings in a Conservation Area where materials shall match in type and visible finish those found on at least sixty percent (60%) of contributing buildings in the Conservation Area within two hundred (200) feet of the project site.

D. Massing. New dwelling units shall be less than the height and width of the existing one-family dwelling unit and shall have rectangular building forms.

E. Roofs. New dwelling units shall have a primary roof type that is hipped and/or gable. Flat, shed, or butterfly roofs are not permitted unless they are a defining characteristic of the existing dwelling unit or immediate context in the Conservation Area. The roof slope shall be within ±10 degrees (or ±2:12 pitch ratio) of the average roof pitch of the existing dwelling unit on site or contributing buildings in a Conservation Area within two hundred (200) feet of the property and the horizontal projection (overhang) of eaves shall be within ±20% of the average projection of the existing dwelling on site or contributing buildings in a Conservation Area within two hundred (200) feet of the property.

F. Siting for Attached Dwelling Units. New dwelling units proposed to be attached to an existing one-family dwelling unit shall be located on the rear of that existing one-family dwelling unit.

G. Front Setback for Detached Dwelling Units. New detached dwelling units shall be set back at least forty-five (45) feet from the front property line.

H. Side Setback: New dwelling units shall maintain a minimum setback of four (4) feet from all side and rear interior property lines. The side of the new dwelling unit/s facing a secondary street shall be set back at least ten (10) feet from the corner property line or within ±10% of the average setback of contributing buildings within two hundred (200) feet in a Conservation Area.

I. Windows: New dwelling units shall incorporate window height-to-width ratios that match the predominant ratios of the existing dwelling unit. Windows shall align vertically and horizontally with patterns established by the existing dwelling unit on site, and the primary window type (e.g., double-hung, casement, awning, or fixed) shall match the predominant type of the existing dwelling unit. A project may use a secondary window type only if it is consistent with the location and function of similar windows on the existing dwelling or is required by building code. Modern window types (e.g., sliding windows) are not permitted unless documented as historically appropriate for the building style of the existing dwelling unit.

J. Site Features. Landscape, fences, walls, paving, walkways, and other site features visible from the public right-of-way that are documented in an evaluation prepared by a qualified consultant that meets the Secretary of the Interior's Professional Qualification Standards (36 CFR Part 61) as contributing to the historic character of the property shall be retained.

(Ord. 31298.)

Historical resources that are listed or determined eligible for listing on the National Register of Historic Places, California Register of Historic Resources, and/or the San José Historic Resources Inventory as a Candidate City Landmark are eligible for two unit development with conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the issuance of a Single Family House Permit under Part 9 of Chapter 20.100 of the San José Municipal Code.

If a property listed in the Historic Resources Inventory has more than one classification and one of those classifications is a designated City Landmark or property located in a City Historic District, then Section 20.30.866 would apply.

(Ord. 31298.)

Designated City landmarks and properties within a designated City Historic District are eligible for two-unit development with the issuance of a Historic Preservation Permit under Chapter 13.48 of the San José Municipal Code.

(Ord. 31298.)