To:   HONORABLE MAYOR AND                   From:   Stephen Haase[PL1] 

                        CITY COUNCIL

 

   Subject:   See Below                                                    Date:   11-17-03

                     

 

 

COUNCIL DISTRICT: Citywide

 

Subject:  Approval of an ordinance amending Part 3, Chapter 13.48 of Title 13 of the San Jose Municipal Code to provide for a Historic Preservation Permit Amendment and Historic Preservation Permit Adjustment.

 

 

RECOMMENDATION

 

Planning staff recommends that the City Council approve the proposed ordinance amending Part 3, Chapter 13.48 of Title 13 of the San Jose Municipal Code to provide for a Historic Preservation Permit Amendment and Historic Preservation Permit Adjustment.

 

 

BACKGROUND

 

In an effort to provide Historic Preservation Permit streamlining that is addressed in Mayor Gonzales’ September 11, 2003 memorandum on Getting Families Back to Work, as well as streamlining measures that are in place for other planning permits, the Planning, Building and Code Enforcement department proposes amending the historic preservation ordinance, Chapter 13.48 of the Municipal Code, to provide for amendment and adjustment processes.

 

Currently, owners and developers of designated city landmarks and buildings located within a designated local historic district are required to obtain an Historic Preservation Permit for any proposed exterior change.  In the Hensley Historic District, only, the ordinance allows for minor work without a Historic Preservation Permit.  Minor work is defined as repair or replacement of materials with materials of the same type.  Historic Preservation Permits are subject to public hearings and noticing. They are reviewed by the Historic Landmarks Commission and recommendations on the permit are made by the Commission to the Director of Planning who approves, approves with modifications or denies the permit.

 

Should an owner or developer need to make changes to an approved Historic Preservation Permit, they must apply for a new Historic Preservation Permit as there is currently no amendment process.  In addition, owners and developers proposing minor work at a landmark site that is in keeping with approved design guidelines, are currently required to obtain an Historic Preservation Permit rather than an administratively approved Adjustment.

 

The Amendment proposal allows an owner or developer with an approved Historic Preservation Permit to file an Amendment to that permit for revisions in keeping with approved guidelines and the permit itself.  As with all other permit amendments, the Historic Preservation Permit Amendment is subject to the same processing procedures as the original permit.  If an amendment proposal did not meet approved guidelines or called for work not included in the approved permit, a new Historic Preservation Permit would be required. 

 

The Adjustment process may be used to amend an Historic Preservation Permit, for example, to provide for one-year extensions of an approved permit not to exceed two extensions, or may stand alone where there is no prior approved permit.  The Adjustment allows for minor work to the building or site where the work is in keeping with approved guidelines and does not affect or degrade the significance of the property.  Examples of projects that may be administratively approved through an Historic Preservation Permit Adjustment include the construction of accessory structures that do not exceed 500 square feet in area, repainting where the basic color scheme is changed, and repair of damaged elements such as a porch.  In a situation where planning staff does not believe that an Historic Preservation Permit Adjustment application meets approved guidelines and cannot support the proposal, the owner or developer is free to pursue an Historic Preservation Permit.

 

The Historic Landmarks Commission discussed methods for streamlining historic preservation review at their September 26, 2003 retreat.  The Commission was strongly in favor of creating both processes to better serve the community and make the process more efficient.  The Commission is proud of the recent Council approvals of design guidelines for historic residential buildings as well as the Downtown Commercial Historic District.  These guidelines lend a measure of clarity and predictability to the historic review process and will be of great benefit to the amendment and adjustment processes.  Planning staff is currently working on design guidelines for non-residential historic buildings throughout the downtown core as well.

 

At the October 23, 2003 Special Meeting and the November 5, 2003 regular meeting, the Commission discussed the contents of the amendment and adjustment proposal.  The Commission was very much in favor of pursuing the amendment and adjustment processes. Commissioners voiced an interest in ensuring that review of Historic Preservation Permit Adjustments be conducted by staff with training in historic preservation.  Staff responded that specific staff review cannot be incorporated into ordinance language.  However, this proposal also includes amending Chapter 13.48, Part 3, Section 13.48.250 to ensure specific reference to compliance with approved guidelines for the amendment and adjustment procedures.

 

In addition to the need to bring the Historic Preservation Permit process in line with other planning permits, the need for an improved process was highlighted by Mayor Gonzales’ September 11, 2003 memorandum regarding Getting Families Back to Work. Item II. 2. calls for simplification and clarity in the historic review procedures to allow for approval of applications that meet established guidelines.  By allowing for an amendment process for approved Historic Preservation Permits and an adjustment process for minor work in compliance with approved design guidelines, the historic preservation permit process will be considerably more efficient.

 

 

PUBLIC OUTREACH

 

The Historic Landmarks Commission discussed and enthusiastically supported the creation of Historic Preservation Permit Amendment and Adjustment processes at their September 26, 2003 retreat and at the October 23, 2003 Special Meeting and November 5, 2003 regular meeting.

 

 

COORDINATION

 

The proposed ordinance amending Chapter 13.48 of the San Jose Municipal Code to provide for a Historic Preservation Permit Amendment and Historic Preservation Permit Adjustment has been coordinated with the City Attorney’s office.

 

 

CEQA

 

Exempt, File No. PP 03-11-362.

 

 

STEPHEN M. HAASE, DIRECTOR

Planning, Building and Code Enforcement

In order to fill in the COUNCIL AGENDA date in the header above, you will need to unlock the template.  I suggest you do this after you complete the memo.