Historic Preservation Ordinance Amendments
December 2, 2025
Presenter: Christopher Burton, PBCE Director
1 Court Case & HP Ordinance Amendments
www.sanjoseca.gov/planning
• Amendments respond to 2024 Sixth Appellate District decision in Sainte Claire Historic Preservation Foundation v. City of San José. • City correctly followed CEQA in approving the project in St.
James Park, but court found HP Ordinance lacked a mechanism for City to override “detrimental” impacts.
• Amendments create this authority, enabling the City Council to balance project benefits against a “detriment” to landmarks and historic districts.
2 HP Ordinance Overview
www.sanjoseca.gov/planning
• Chapter 13.48 of the San José Municipal Code
• Defines City’s historic preservation framework: Historic Resources Inventory, designation, design review/HP
Permit, incentives (Mills Act)
• Applies to landmarks, historic districts and conservation areas only
• Separate from Title 20 (Zoning Ordinance) which regulates land use
3 Design Review/HP Permit
www.sanjoseca.gov/planning
• Important component of the HP Ordinance that ensures
exterior changes preserve the historic character and
significance of a landmark or district.
• Projects that meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties are considered compatible.
• Incompatible projects may be deemed “detrimental” and denied unless a hardship shows rehabilitation is infeasible. 4 Hardship Provision (Section 13.48.260)
www.sanjoseca.gov/planning
• Existing override allows City Council to approve HP Permit if compatible rehabilitation is technically, structurally, or economically infeasibility
• Applicant submits documentation - engineer/architect reports, property expenses, attempts to rent/sell, etc.
• 4 Downtown projects approved under this provision
• Currently only path to approve “detrimental” projects • Can be difficult to apply to public projects that do not face economic or structural feasibility constraints.
5 Relationship to CEQA
www.sanjoseca.gov/planning
• Landmarks and historic districts are historical resources under CEQA
• CEQA requires separate but parallel analysis to HP Permit • Projects with significant, unavoidable impacts require environmental impact report (EIR), mitigation and alternatives analysis outside of HP Ordinance
• If unavoidable, City Council may adopt Statement of Overriding Considerations
• Proposed HP Ordinance amendments mirror CEQA override 6 Proposal - Definitions (13.48.020)
www.sanjoseca.gov/planning
• Define “detrimental” as raised in court case
• Provide clarity for HP Permit evaluation by adding also definitions for “Historic Integrity” and “Substantial
Alteration”
• Clarify definition of “Historic District” & “Landmark” to specify that only city council designated landmarks and districts are subject to the HP Ordinance (including HP Permit
7 Proposal - Findings (13.48.240)
www.sanjoseca.gov/planning
• Add finding to allow City Council to override “detrimental” effects if social, economic, legal, technical, or other benefits outweigh the impact (option to hardship).
• Projects with significant and unavoidable impacts under CEQA already require a Statement of Overriding Considerations. • Mirrors CEQA override process under Public Resources Code Section 21081 and CEQA Guidelines Section 15093, allowing approval despite significant, unavoidable impacts that cannot be fully mitigated.
8 Comparison with Other CA Cities
www.sanjoseca.gov/planning
• Most California cities do not have a broad override provision beyond hardship
• 3 identified cities have provisions requiring more specific findings:
- Sacramento, override for general plan/community goals - Pasadena, compelling public interest only for demolition - San Diego, override only for capital improvement
projects
9 Historic Landmarks Commission Hearings
www.sanjoseca.gov/planning
Public hearings on October 1 and November 5, 2025
HLC recommended:
1. Modify the proposed definition of “substantial alteration” to clarify that work in conformance with the SIS would not be considered a “substantial alteration”;
2. Add a definition for “impair” within the context of
“substantial alteration”; and
3. Modify override finding to provide parameters for use and apply different findings for public vs. private projects. 10 Planning Commission Hearing
www.sanjoseca.gov/planning
Public hearing on November 19, 2025
• Public vs. private application of new HP Permit
finding
• Policy decision
PC recommended approval of staff recommendation.
11 CEQA Addendum
www.sanjoseca.gov/planning
• Addendum to the certified Envision San José 2040 General Plan Final EIR and Downtown Strategy 2040 Final EIR.
• EIRs acknowledged certain projects could result in
significant and unavoidable impacts to historic resources and explicitly contemplated use of overriding
considerations in limited circumstances.
• Project-level CEQA review still required for projects causing significant impacts to historical resources.
12 Staff Recommendation
1. Recommend City Council adopt a resolution approving the Addendum to the Downtown Strategy 2040 and Envision
San José 2040 EIRs.
2. Recommend City Council approve an ordinance amending:
Section 13.48.020: Definitions for “detrimental,” “historic integrity,” “substantial alteration”; clarify “historic district” and “landmark.”
Section 13.48.240: HP Permit findings, including City
Council’s authority to override detrimental impacts.
www.sanjoseca.gov/planning
13 End
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