APPLICATION OF STATE HISTORICAL BUILDING CODE TO HISTORIC LANDMARKS

SJ-MC tit. 17, ch. 17.70

in effect

San José Municipal Code § 17.70.010 Purpose.

17.70.010 - Purpose. It is the purpose of this chapter to provide alternative building regulations for the rehabilitation, preservation, restoration (including related reconstruction), or relocation of buildings or structures designated as historic buildings. Such alternative building regulations are intended to facilitate the restoration or change of occupancy so as to preserve their original or restored architectural elements and features, to encourage energy conservation and a cost effective approach to preservation, and to provide for the safety of the building occupants. It is the intent of these regulations to provide means for the preservation of the historical value of designated buildings and, concurrently, to provide reasonable safety from fire, seismic and wind forces, or other hazards, for occupants of such buildings. It is not the intent of these regulations to allow nonhistorical expansion or addition to an historical building beyond the original construction of such structure unless such expansion or addition conforms to all applicable provisions of Chapter 13.48. (Ord. 20582.)

San José Municipal Code § 17.70.020 Scope.

17.70.020 - Scope. The provisions of this chapter may be applied for the rehabilitation or relocation of qualified historical buildings as defined in Section 17.70.030. This chapter may be applied when repairs, alterations, reconstruction, and additions necessary for the preservation, restoration, rehabilitation, relocation or continued use of a building or structure are made. (Ord. 20582.)

San José Municipal Code § 17.70.030 Qualified historical building.

17.70.030 - Qualified historical building. For purposes of this chapter, a "qualified historical building" shall mean any structure, collection of structures, and their associated sites, deemed of importance to the history, architecture, or culture of an area by an appropriate local, state or federal governmental jurisdiction, by designation on official national, state or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest as well as by designation as a landmark or as a contributing structure in a historical district under Chapter 13.48 of Title 13 of the San José Municipal Code. (Ord. 20582.)

San José Municipal Code § 17.70.040 Substandard buildings.

17.70.040 - Substandard buildings. Any qualified building that does not comply with the minimum conditions of the State Historic Building Code may be considered substandard and must be corrected as a condition of the use of this chapter. (Ord. 20582.)

San José Municipal Code § 17.70.050 Building official - Powers and duties.

17.70.050 - Building official - Powers and duties. The building official shall enforce the provisions of this chapter. (Ord. 20582.)

San José Municipal Code § 17.70.060 Standards.

17.70.060 - Standards. A. The building official may apply the standards and regulations as are from time to time adopted by the state historical building code advisory board pursuant to the State Historical Building Code, California Health and Safety Code Section 18953 et seq., as an alternative to Title 17 of this Code in permitting repairs, alterations, and additions necessary for the preservation, restoration, reconstruction, rehabilitation, moving or continued use of a historical building or structure. B. This section is not intended to prevent the use of any proposed alternative design, material or method of construction not specifically prescribed or allowed by state historical building code standards and regulations, provided that any such alternative will facilitate the preservation of historical buildings or structures and has been approved. The building official may approve any such alternative provided the proposed design, material or method of construction is satisfactory and that the proposed design, material or method of construction or work offered is, for the purpose intended, reasonably equivalent to that prescribed or allowed in this Code in quality, strength, effectiveness, fire resistance, durability and safety. (Ord. 20582.)

San José Municipal Code § 17.70.070 Exceptions.

17.70.070 - Exceptions. Irrespective of other provisions of this chapter, for the preservation of a "submerged inlet" in plumbing fixtures, no cross connection shall exist nor possibility of cross-connection shall exist between the nonpotable water and the potable water supply system. (Ord. 20582.)

San José Municipal Code § 17.70.080 Application.

17.70.080 - Application. A. Applicant must apply for use of this chapter in writing. The following information must be included: 1. The source of historical designation; 2. The proposed design, material or method of construction to be utilized. B. The building official may request sufficient evidence or proof be submitted in order to substantiate the compliance with Section 17.70.030 and Section 17.70.060. (Ord. 20582.)

San José Municipal Code § 17.70.090 Denial.

17.70.090 - Denial. In denying any application under this chapter, building official shall make one or more of the following findings: 1. Subject building or structure is not an historical landmark within the meaning of Section 17.70.030; 2. Subject building or structure is substandard within the meaning of Section 17.70.040; 3. The proposed design, material or method of construction does not comply with the provisions of Section 17.70.060.A.; 4. The restored building will be more hazardous based on considerations of health, safety, fire safety or sanitation than is the existing building. (Ord. 20582.)

San José Municipal Code § 17.70.100 Appeals.

17.70.100 - Appeals. An appeal from a denial based on finding number 1 of Section 17.70.090, above, can be made to the historic landmarks commission by filing a written appeal, including documentation of landmark status with said commission. All other appeals shall be filed with the San José code enforcement appeals commission. Any such appeal shall be filed within thirty days of denial. (Ord. 20582.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT17BUCO_CH17.70APSTHIBUCOHILAFetched: 11/1/2026