San Jose committee refers historic-preservation reform proposals for staff workload analysis

The San Jose Rules and Open Government Committee on Nov. 19 referred a set of recommendations to staff for a workload analysis aimed at updating the city's approach to historic preservation. The committee voted 5-0 to have the item return to rules in early December.

The proposals, introduced by the District 3 Council Member as memo item C1, outline four main directions: expanded outreach and education for owners whose properties appear on the historic resources inventory; exploration of an amnesty program for previously unpermitted work that does not pose active health or safety risks; a simplified legal pathway to remove or demolish inventory properties that are blighted or substandard; and modernization of preservation regulations to allow building updates such as modern window replacements that the author said would support energy efficiency and wildfire preparedness.

"We've heard a lot from residents who may not even realize that their property is on the historic resources inventory," the District 3 Council Member told the committee, urging clearer outreach and disclosure so buyers and owners understand obligations tied to inventoried properties. On an amnesty program the author said, "This is specifically an amnesty program for any construction that is not posing any active health or safety standards," citing concerns raised by residents of Japantown and historical distrust dating to World War II incarceration.

Council member Candelas thanked the author and asked whether the proposals would apply to city-owned historic landmarks such as Metzger Ranch and whether cost and Americans with Disabilities Act improvements could be accommodated. The memo author replied that elements such as processes to consider removing structures from the inventory and streamlining certain renovations could plausibly apply to city properties and to adaptive reuse projects.

Candelas moved to refer the memo for a workload analysis "to come back to us in the next couple weeks" so staff can return with information on needed resources; the motion received a second and passed 5-0. Chair said the item would likely return to rules on Dec. 3 or Dec. 10.

Vice Mayor Foley spoke in support and pointed to precedent: "We had an amnesty program for, allowing property owners to convert or get permitted ADUs that were unpermitted as long as it was not a health and safety issue," he said, adding that he looks forward to the workload analysis. Council member Duane asked whether the inventory has time-based cutoffs; the memo author said the inventory spans a broad range of structures from the 1800s through the 1950s and 1960s and includes varying categories such as city landmarks, eligible landmarks, contributing structures and identified structures.

The committee also approved the meeting agenda and a three-item consent calendar earlier in the session; there was no public comment. The committee adjourned at 2:11 p.m.

The next procedural step is staff's workload analysis and a return to the Rules and Open Government Committee for further consideration.