20.30.860

A. This Part is enacted to establish objective design standards for streamlined ministerial development of up to two (2) one-family dwellings or one (1) two-family dwelling on a single lot located within R-1 or R-2 Zoning Districts, for properties listed on the San José Historic Resources Inventory that are not also individually listed on the National Register of Historic Places, California Register of Historical Resources, and/or a designated City Landmark or a contributing structure in a Historic District or Conservation Area. Such properties may be eligible for two-unit development with discretionary review under Sections 20.30.810 , 20.30.865 and 20.30.866 and the issuance of a Single Family House Permit or Historic Preservation Permit. B. If a property (such as a standalone Contributing Structure outside of a historic area) is listed in the Historic Resources Inventory and is also classified as a historical resource (listed on the National Register of Historic Places, California Register of Historic Resources and/or, the San José Historic Resources Inventory as a City Landmark or Historic District or Conservation Area, then the higher significance classification is applied and development would proceed under Section 20.30.866 or Section 20.30.865 if the property is also a designated City Landmark, and the project shall not be processed using the streamlined ministerial development process and objective design standards. C. Pursuant to Sections 65852.21 and 66411.7 of the Government Code, as amended, properties on the Historic Resource Inventory that are located in R-1 zoning districts may qualify for ministerial approval for lot splits if they conform to the following requirements: 1. The property does not contain an individual historical resource that is listed on the National Register of Historic Places, California Register of Historical Resources, and/or the San José Historic Resources Inventory as a City Landmark. 2. The property contains a contributing structure in a historic district listed on the National Register of Historic Places, California Register of Historical Resources, and/or the San José Historic Resources Inventory as a City Landmark District that is not proposed to be altered or demolished. 3. The lot split on property located in a historic district listed on the National Register of Historic Places, California Register of Historical Resources, and/or the San José Historic Resources Inventory as a City Landmark District or Conservation Area does not propose to alter or demolish a structure's existing exterior structural wall. 4. Historic properties that qualify for ministerial lot splits shall utilize provisions of Part 8 of Chapter 20.30 for subdivision regulations. (Ords. 31298 , 31329 .)