To: HONORABLE MAYOR AND From: Del D. Borgsdorf

CITY COUNCIL Susan F. Shick

Subject: APPROVAL OF REVISED Date: October 28, 2003

DOWNTOWN HISTORIC DISTRICT

DESIGN GUIDELINES

COUNCIL DISTRICT: 3

SNI AREA: N/A

RECOMMENDATION

The staffs from the Department of Planning, Building and Code Enforcement and from the San Jose Redevelopment Agency recommend that the City Council approve the revised Downtown San Jose Historic District Design Guidelines.

BACKGROUND

At the August 26, 2003 meeting of the Redevelopment Agency, the Board reviewed the Downtown San Jose Historic District Design Guidelines. At that meeting, a memorandum from Mayor Gonzales and Council members Chavez and LeZotte was presented which outlined necessary changes to the Guidelines. Those changes are as follows:

(1) Redefine the boundaries to include only the Downtown Commercial National Register Historic District; and,

(2) Delete reference to specific ground floor uses, focus on the historic design issues associated with uses, and refer to zoning code and other applicable ordinances for allowable uses; and,

(3) Direct staff to include references to the design guidelines in the revised Downtown Zoning Ordinance currently under development by Agency and City Staff. References should clearly outline how the guidelines will be used in the evaluation of projects in the Downtown Commercial National Register Historic District, new and/or expanded historic districts, adjacent areas and throughout Downtown.

(4) Direct Planning, Building and Code Enforcement staff to return to the Redevelopment Agency Board/City Council within 60-days with:

· Methods on how the guidelines could be incorporated into the zoning code to evaluate projects in the Downtown Commercial National Register Historic District, new and/or expanded historic districts, adjacent areas, and throughout the Downtown,

· A workplan for outreach to impacted communities, including historic preservationists, downtown property owners and developers, and other groups as appropriate.

ANALYSIS

According to Council direction, the recommended changes have been made to the enclosed Guidelines. The boundaries (pp. 4-5) now reflect the Guidelines’ application to the Downtown Commercial National Register Historic District, only. This will help guide new development within the District by providing direction to historic building owners and project reviewers prior to making decisions as to appropriate treatments or solutions. A discussion of design review and applicable policies and regulations is included on page 4. In addition, the Redevelopment Agency, along with Planning, Building and Code Enforcement, are listed as sources of technical information on page 75.

The discussion of the ground floor retail ordinance, and “Uses” has been removed from the document (p. 27), to allow for a variety of uses as defined under zoning. Further, the proposed Downtown Zoning Ordinance now contains direct reference to “guidelines approved by the City Council,” and how the Guidelines will be used in the evaluation of projects in the Guidelines’ current boundaries, or boundaries as amended by the City Council. In addition, the proposed Zoning Ordinance would address new and/or expanded historic districts as well as new construction in areas adjacent to Historic Districts or Historic Landmarks. With regard to “the treatment of historic buildings outside of the revised Guidelines’ boundaries,” locally designated historic buildings, whether within or outside of a historic district, are required to obtain a Historic Preservation (HP) Permit for exterior changes. HP permits are reviewed by the Historic Landmarks Commission and recommendations made to the Director of Planning, Building, and Code Enforcement. The Commission uses the Secretary of the Interior’s Standards for the Treatment of Historic Properties as a guide for reviewing proposed building treatments where adopted guidelines do not apply. The Standards have not been formally adopted for use in San Jose, but are the most widely used guidelines for the treatment of historic properties in the country. In addition, Planning, Building and Code Enforcement is working on an expanded version of the Downtown Historic District Design Guidelines for use throughout the Downtown Core.

Finally, with regard to a workplan for outreach, a letter will be sent to property and business owners in the Downtown Commercial National Register district, as well as other interested parties, to advise them of the Council action on the Guidelines. The letter will alert interested parties that the Guidelines will be available on the Planning and Redevelopment websites as well as from Planning at a cost recovery fee. Planning, Building and Code Enforcement and Redevelopment Agency staffs have apprised the Historic Landmarks Commission of the Council direction and the resulting changes to the Guidelines.

PUBLIC OUTREACH

As noted above, a letter regarding the Council action on the Guidelines will be sent to interested parties and copies of the Guidelines will be available on each agency’s website and in hard copy at a cost recovery fee from each agency. Planning staff has provided monthly updates to the Historic Landmarks Commission regarding the status of the Guidelines. The letter and the monthly updates to the HLC followed extensive public outreach that began in 2001 and marked the beginning of the Guidelines’ process. At that time, and throughout the public meetings, downtown property owners, tenants, architects, developers, the Downtown Association, and other interested parties, were informed that the Agency, through Council directive, was working on Guidelines for the downtown. The Agency solicited comments on the draft document from these various groups, and modified the document as appropriate. As noted in the Board memo dated, August 26, 2003, the Planning Commission at its July 9, 2003 meeting and the Historic Landmarks Commission at its July 2, 2003 meeting respectively voted (7-0) in support of a recommendation to the Agency Board to approve the Design Guidelines.

COORDINATION

Preparation of this memorandum has been coordinated with the City Attorney’s Office and the San Jose Redevelopment Agency’s General Counsel.

CEQA

Exempt pursuant to PP03-01-010.

DEL D. BORGSDORF SUSAN F. SHICK

City Manager Executive Director

Attachment: ‘Downtown San Jose Historic District Design Guidelines’