Significant Changes To a Historic Permit

For significant changes to an existing HP Permit that go beyond the above description for an Adjustment, use the HP Permit/Amendment Application form. The review of an Amendment is lengthier compared to an Adjustment and entails public hearings before the Historic Landmarks Commission and Planning Director as described below.

Decision-making on an HP Permit or Amendment application: Here's how the process for obtaining either an HP Permit or HP Amendment works:

Planning Staff - Intake the application, check for completeness, issue an invoice, collect fee payment, and assign a File Number. They will review the application and assess environmental impacts. When application is deemed complete, staff will prepare a report, draft the Historic Preservation Permit with recommendations, environmental clearance, and notices for public hearing by the Historic Landmarks Commission. Staff then make any recommended amendments to the draft Historic Preservation Permit for hearing by the Planning Director.

Historic Landmarks Commission - The Historic Landmarks Commission conducts a public hearing and reviews the project for conformance with the Secretary of the Interior's Standards for Rehabilitation and, if applicable, the Your Old House: Guide for Preserving San José Homes staff recommendation. The Historic Landmarks Commission considers the evidence and public comment, and makes a recommendation to the Planning Director.

Planning Director - The Planning Director conducts a public hearing and considers public input, the staff recommendation, and then approves, conditionally approves, or denies the requested application. The Planning Director must find that the work will not be detrimental to a City Landmark or a City Landmark District and is consistent with the spirit and purposes of the Historic Preservation Ordinance. The Planning Director's decision may be appealed to the City Council within 10 days of the decision.

Planning Commission or City Council - The Planning Commission or City Council will consider and act on HP Permits and HP Permit Amendments under Section 20.100.040 of Chapter 20.100 (“Concurrent Review”) when a single project involves multiple development permits where the highest level decision-maker for those permits are either the Planning Commission or the City Council.

Appeals - The City Council will consider and act on an appeal of a decision made by the Planning Director or Planning Commission. If Council denies the appeal, the Council decision is final. If Council approves the appeal, the decision is effective immediately.