San Jose Officials Eye Historic Ordinance Reforms After Business Struggles

San Jose city officials are pushing to reevaluate and reform the city’s complex historic preservation ordinance. This move comes after a prominent Japantown business owner faced near financial ruin due to burdensome regulations, highlighting long-standing frustrations among local property owners and residents.

Japantown’s Historic Burden

Japantown, rich in historical significance, has unfortunately become a symbol of the challenges posed by the city’s historic preservation rules. Business owners describe the current system as ambiguous, lengthy, and costly, often leading to neglect or abandonment of properties rather than their desired investment and preservation.

Tamiko Rast, President of the Japantown Business Association, recounts decades of navigating these complex regulations. She has witnessed firsthand the consequences, noting nine condemned buildings along a two-block stretch, some of which she helped board up after issues with arsonists and trespassers. Rast asserts that the disrepair isn’t due to owners’ unwillingness to fix properties, but rather the city’s challenging processes. “These city and county processes are so overwrought, so complicated, so far removed from the middle- and working-class people in Japantown that you either bankrupt yourself trying to keep up with regulation or you have to sell everything you have just to fight it,” Rast stated.

The Challenges of Current Regulations

Lack of Clarity and Disclosure

A significant issue is the lack of clarity and upfront disclosure regarding historic designations. Many property owners, including legacy families, are often unaware their buildings are on the historic resources inventory until they attempt to pull permits for rehabilitation or remodeling. This oversight can lead to significantly increased costs and complications.

Adding to the complexity, historical circumstances, such as the internment of Japanese-Americans post-World War II, often resulted in unpermitted building. Current owners then face the double burden of meeting historic regulations and correcting prior unpermitted work. Rast also highlights the absence of a clear handbook or strict framework, suggesting it grants the planning department excessive discretion.

Proposed Reforms for a Streamlined Future

After years of complaints, a group of elected officials led by District 3 Councilmember Anthony Tordillos, and co-signed by Mayor Matt Mahan, Vice Mayor Pam Foley, and Councilmembers David Cohen and Michael Mulcahy, has proposed substantial reforms. The goal is to make historic designations and related processes more straightforward, faster, and cost-effective.

Key Aspects of the Proposal:

• Improved Outreach: Better communication to ensure property owners are aware of historic designations and their implications.
• Amnesty Program: Exploring the creation of an amnesty program for unpermitted structures on the historic inventory that do not pose health or safety hazards.
• Demolition Framework: Establishing a clear framework for demolishing or removing structures from the historic inventory if they are in substandard condition or have lost their historic features.
• Modernizing Requirements: Updating requirements for building features, such as windows, to align with current climate and safety goals.

Balancing Preservation with Progress

Mayor Matt Mahan emphasized the city’s commitment to finding a responsible balance between preserving historic assets and fostering investment in jobs and housing. He noted that the current process often leads to “worse outcomes” regardless of the project’s location within the city. “It has become in some parts of town, particularly around downtown and Japantown, a major impediment to the very investment we desperately want to see,” Mahan explained.

Current Hurdles vs. Proposed Changes

What’s Next for San Jose’s Historic Ordinance?

The proposal is currently undergoing a workload analysis by the city to determine its feasibility and necessary resources. Councilmember Tordillos hopes to present more options and analysis by March, aiming to finalize the ordinance swiftly. “We’re certainly trying to move quickly here because we understand that this has been a problem that has existed for many years,” Tordillos stated, acknowledging the urgency.

FAQs About San Jose’s Historic Ordinance Reforms

• Who initiated these proposed changes?
  The proposal was submitted by District 3 Councilmember Anthony Tordillos and co-signed by Mayor Matt Mahan, Vice Mayor Pam Foley, and Councilmembers David Cohen and Michael Mulcahy.
• What is the purpose of an “amnesty program” in this context?
  The amnesty program aims to provide a pathway for property owners with unpermitted structures on historic properties to legalize them, particularly if they do not pose health or safety hazards, without facing prohibitive penalties.
• How might these reforms affect property owners outside of Japantown?
  While Japantown is a focal point due to specific challenges, city officials acknowledge the problems extend city-wide. The reforms are intended to benefit any property owner dealing with historic designations across San Jose.
• When can residents expect to see these reforms implemented?
  The proposal is undergoing a workload analysis, with Councilmember Tordillos hoping to bring back more detailed options and analysis by March to shape the final ordinance.

These proposed reforms represent a crucial step toward ensuring San Jose can both preserve its rich history and foster a vibrant, investable future for its communities and property owners.

San Jose eyes historic ordinance reform after struggles