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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 10:
PRESERVATION OF HISTORICAL ARCHITECTURAL AND AESTHETIC LANDMARKS
 
Purposes.
Powers and Duties of Planning Department and Historic Preservation Commission.
Historic Preservation Commission.
Designation of Landmarks and Historic Districts.
Nomination and Initiation of Landmark and Historic District Designation.
Decision by the Historic Preservation Commission.
Designation by Board of Supervisors.
Appeal to Board of Supervisors.
Notice of Designation by Board of Supervisors.
Notice of Amendment or Rescission of Designation.
Conformity and Permits.
Certificate of Appropriateness Required.
Applications for Certificate of Appropriateness.
Review by Planning Department.
Scheduling and Notice of Hearing.
Conduct of Hearing; Decision.
Nature of Historic Preservation Commission Decision.
Standards for Review of Applications.
Appeals of a Certificate of Appropriateness.
Unsafe or Dangerous Conditions.
Compliance with Maintenance Requirements.
Advice and Guidance to Property Owners.
Property Owned by Public Agencies.
Recognition of Structures of Merit.
Referral of Certain Matters.
Enforcement and Penalties.
Applicability.
Severability.
List of Designated Landmarks.
Jackson Square Historic District.
Webster Street Historic District.
Northeast Waterfront Historic District.
Alamo Square Historic District.
Liberty-Hill Historic District.
Telegraph Hill Historic District.
Blackstone Court Historic District.
South End Historic District.
Civic Center Historic District.
Bush Street-Cottage Row Historic District.
Dogpatch Historic District.
Market Street Masonry Historic District.
Duboce Park Historic District.
Clyde and Crooks Warehouse District.
 
Editor's Note:
   See also Article 11, "Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts."
SEC. 1001.  PURPOSES.
   It is hereby found that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the prevention of such needless destruction and impairment is essential to the health, safety and general welfare of the public. The purpose of this legislation is to promote the health, safety and general welfare of the public through:
   (a)   The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, State or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;
   (b)   The development and maintenance of appropriate settings and environment for such structures, and in such sites and areas;
   (c)   The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest;
   (d)   The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history: cultural, social, economic, political and architectural and
   (e)   The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs, by fostering knowledge of the living heritage of the past.
(Added by Ord. 27-67, App. 1/26/67; reenacted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1002.  POWERS AND DUTIES OF PLANNING DEPARTMENT AND HISTORIC PRESERVATION COMMISSION.
   The Planning Department and the Historic Preservation Commission ("HPC") shall have and exercise the powers and shall perform the duties set forth in this Section and elsewhere in this Article 10 with respect to historical preservation.
   (a)   The HPC:
      (1)   Shall recommend to the Board of Supervisors, after public hearing, on the designation of landmarks and historic districts, as more fully set forth below in this Article 10;
      (2)   Shall review and decide on applications for construction, alteration, demolition and other applications pertaining to landmark sites and historic districts, as more fully set forth below in this Article 10;
      (3)   May take steps to encourage or bring about preservation of structures or other features where the HPC has decided to suspend action on an application, as more fully set forth in Section 1006.6 below;
      (4)   May establish and maintain a list of structures and other features deemed deserving of official recognition although not designated as landmarks or historic districts, and take appropriate measures of recognition, as more fully set forth in Section 1011 below;
      (5)   Shall have the authority to review and comment upon environmental documents under the California Environmental Quality Act and the National Environmental Policy Act for proposed projects that may have an impact on historic or cultural resources;
      (6)   Shall act as the City's local historic preservation review commission for the purposes of the Certified Local Government Program, may recommend properties for inclusion in the National Register of Historic Places, and may review and comment on federal undertakings where authorized under the National Historic Preservation Act;
      (7)   Shall review and comment upon any agreements proposed under the National Historic Preservation Act where the City is a signatory prior to any approval action on such agreement;
      (8)   Shall have the authority to oversee and direct the survey and inventory of historic properties;
      (9)   Shall review and provide written reports to the Planning Commission and Board of Supervisors on ordinances and resolutions concerning historic preservation issues and historic resources, redevelopment project plans, waterfront land use and project plans, and such other matters as may be prescribed by ordinance;
      (10)   Shall have the authority to recommend approval, disapproval, or modification of historical property contracts pursuant to the state Mills Act to the Board of Supervisors, without referral or recommendation of the Planning Commission; and
      (11)   Shall recommend to the Planning Commission a Preservation Element of the General Plan, shall periodically recommend to the Planning Commission proposed amendments to such Preservation Element of the General Plan, and shall comment and provide recommendations to the Planning Commission and the Board of Supervisors on other objectives, policies and provisions of the General Plan and special area, neighborhood, and other plans designed to carry out the General Plan, and proposed amendments thereto, that are not contained within such Preservation Element but concern historic preservation.
   (b)   The Department and the HPC:
      (1)   May carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation;
      (2)   May consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historical preservation;
      (3)   May inspect and investigate structures, sites and areas which they have reason to believe worthy of preservation;
      (4)   May disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and may encourage and advise property owners in the protection, enhancement, perpetuation and use of landmarks, property in historic districts, and other officially recognized property of historical interest;
      (5)   May consider methods other than those provided for in this Article 10 for encouraging and achieving historical preservation, and make appropriate recommendations to the Board of Supervisors and to other bodies and agencies, both public and private; and
      (6)   May establish such policies, rules and regulations as they deem necessary to administer and enforce this Article 10 and Charter Section 4.135 establishing the HPC.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended substantially in its entirety; Ord. 94-12, Eff. 6/20/2012.
SEC. 1003.  HISTORIC PRESERVATION COMMISSION.
   In November of 2008, the electorate approved Charter Section 4.135, creating the HPC to advise the City on historic preservation matters, participate in processes involving historic and cultural resources, and take such other actions concerning historic preservation as may be prescribed by this Code and other ordinances. Charter Section 4.135 sets forth the requirements for membership to the HPC, as well as applicable nomination procedures and term limits for Commissioners. Additionally, Charter Section 4.135 establishes staffing for the HPC and sets forth the HPC's role in the Planning Department's budget process and establishment of rates, fees, and similar charges. Additional requirements, including those related to the establishment of rules and regulations for the HPC's organization and procedure, are set forth in Charter Sections 4.100 through 4.104.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.
SEC. 1004.  DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS.
   (a)   The HPC shall have the authority to recommend approval, disapproval, or modification of landmark designations and historic district designations under this Code to the Board of Supervisors. Pursuant to the procedures set forth hereinafter:
      (1)   The Board of Supervisors may, by ordinance, designate an individual structure or other feature or an integrated group of structures and features on a single lot or site, having a special character or special historical, architectural or aesthetic interest or value, as a landmark, and shall designate a landmark site for each landmark; and
      (2)   The Board of Supervisors may, by ordinance, designate an area containing a number of structures having a special character or special historical, architectural or aesthetic interest or value, and constituting a distinct section of the City, as a historic district.
   (b)   Each such designating ordinance shall include, or shall incorporate by reference to the pertinent resolution of the HPC then on file with the Clerk of the Board of Supervisors, as though fully set forth in such designating ordinance, the location and boundaries of the landmark site or historic district, a description of the characteristics of the landmark or historic district that justify its designation, and a description of the particular features that should be preserved. Any such designation shall be in furtherance of and in conformance with the purposes of this Article 10 and the standards set forth herein.
   (c)   The property included in any such designation shall upon designation be subject to the controls and standards set forth in this Article 10. In addition, the said property shall be subject to the following further controls and standards if imposed by the designating ordinance:
      (1)   For a publicly-owned landmark, review of proposed changes to significant interior architectural features.
      (2)   For a privately-owned landmark, review of proposed changes requiring a permit to significant interior architectural features in those areas of the landmark that are or historically have been accessible to members of the public. The designating ordinance must clearly describe each significant interior architectural feature subject to this restriction.
      (3)   For a historic district, such further controls and standards as deemed necessary or desirable, including but not limited to facade, setback and height controls.
      (4)   For a City-owned park, square, plaza or garden on a landmark site, review of alterations as identified in the designating ordinance.
   (d)   The Board of Supervisors may amend or rescind a designation at any time, subject to all of the procedures set forth in this Article 10 for an original designation; provided, however, that in the event that a landmark is accidentally destroyed or is demolished or removed in conformity with the provisions of Section 1007, or is legally demolished or relocated after compliance with the provisions of this Article 10, the Planning Director may request the HPC to recommend to the Board of Supervisors that the designation be amended or rescinded, and in such case the procedures for an original designation set forth in Sections 1004.1 and 1004.2 hereof shall not apply.
(Amended by Ord. 112-71, App. 5/7/71; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 82-07, File No. 070021, App. 4/20/2007; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Divisions (a), (b), (c)(3), and (d) amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1004.1.  NOMINATION AND INITIATION OF LANDMARK AND HISTORIC DISTRICT DESIGNATION.
   (a)   Nomination. The Department, property owner(s), or any member of the public may request that the HPC initiate designation of a landmark site or historic district. When a nomination is submitted by the owner(s) of a proposed landmark site or a majority of property owners of a proposed historic district, the nomination must be considered by the HPC. A nomination for initiation shall be in the form prescribed by the HPC and shall contain supporting historic, architectural, and/or cultural documentation, as well as any additional information the HPC may require. The HPC shall hold a hearing to consider nominations made by property owner(s) as set forth above no later than 45 days from the receipt of the nomination request.
   (b)   Initiation. Initiation of designation of a landmark site or historic district shall be made by one of the following methods:
      (1)   by resolution of the Board of Supervisors;
      (2)   by resolution of the HPC; or
      (3)   upon adoption of a resolution by the HPC to confirm a nomination made pursuant to subsection (a) above, provided that the HPC may disapprove the nomination or may request further information and continue the matter as appropriate.
      The Board of Supervisors and the HPC shall make findings in support of any initiation of designation of a landmark site or historic district. The Board of Supervisors shall promptly refer any initiation of designation to the HPC for its review and recommendation.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.
SEC. 1004.2.  DECISION BY THE HISTORIC PRESERVATION COMMISSION.
   Upon initiation of designation, the HPC shall hold a public hearing on the proposed designation. A record of pertinent information presented at the hearing shall be made and maintained as a permanent record.
   (a)   Notice of Hearing. Notice of the time, place and purpose of such hearing shall be given by at least one publication in a newspaper of general circulation in the City not less than 20 days prior to the date of hearing. Notice shall also be mailed not less than 10 days prior to the date of hearing to the owners of all property included in the proposed designation, using for this purpose the names and addresses of the last known owners as shown on the records of the Tax Collector and to the applicant, if any. Failure to send notice by mail to any such property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Department may also give such other notice as it may deem desirable and practicable.
   (b)   Time Limitation. The HPC shall consider the conformance or lack of conformance of the proposed designation with the purposes and standards of this Article 10. Where the Board of Supervisors has referred an initiation of designation to the HPC, the HPC shall hold a public hearing and shall approve, disapprove or modify the proposal within 90 days from the date of referral of the proposed designation to the HPC. Failure to act within said time shall constitute approval. The Board of Supervisors may, by resolution, extend the time within which the HPC is to render its decision.
   (c)   Referral of Proposed Designation. If the HPC recommends approval of a landmark designation, it shall send its recommendation to the Board of Supervisors, without referral to the Planning Commission. If the HPC recommends approval of a historic district designation, it shall refer its recommendation to the Planning Commission, which shall have 45 days to review and comment on the proposed designation, which comments, if any, shall be sent by the Department to the Board of Supervisors with the HPC's recommendation. The Planning Commission's comments shall be transmitted to the Board of Supervisors as a resolution and shall
      (i)   address the consistency of the proposed designation with the policies embodied in the General Plan and the priority policies of Section 101.1, particularly the provision of housing to meet the City's Regional Housing Needs Allocation, and the provision of housing near transit corridors;
      (ii)   identify any amendments to the General Plan necessary to facilitate adoption of the proposed designation; and
      (iii)   evaluate whether the district would conflict with the Sustainable Communities Strategy for the Bay Area.
      If the HPC disapproves designation of a landmark or historic district, that decision shall be final and shall not require referral unless appealed as set forth below.
(Formerly codified as Sec. 1004.3; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1004.2 added by Ord. 27-67, App. 1/26/67; amended by Ord. 26-07, File No. 061068, App. 2/9/2007; deleted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1004.3 redesignated as current Sec. 1004.2; section header, undesignated introductory paragraph, and divisions (a) and (b) amended; former divisions (c) and (d) deleted; new division (c) added; Ord. 94-12, Eff. 6/20/2012.
SEC. 1004.3.  DESIGNATION BY BOARD OF SUPERVISORS.
   The Board of Supervisors shall hold a public hearing on any proposal so transmitted to it, after due notice to the owners of the property included in the proposal, and such other notice as the Board may deem necessary. The Board of Supervisors may approve, modify and approve, or disapprove the designation by a majority vote of all its members. Prior to the Board of Supervisors' vote on a proposed historic district, the Planning Department shall conduct thorough outreach to affected property owners and occupants. The Planning Department shall invite all property owners and occupants in the proposed district area to express their opinion on the proposed designation. Such invitation shall advise owners of the practical consequences of the adoption of the district, including the availability of preservation incentives, the types of work requiring a Certificate of Appropriateness, the process and fees for obtaining a Certificate of Appropriateness, and the types of work that is generally ineligible to receive a Certificate of Appropriateness.
(Formerly codified as Sec. 1004.4; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1004.3 added by Ord. 27-67, App. 1/26/67; amended by Ord. 26-07, File No. 061068, App. 2/9/2007; redesignated as current Sec. 1004.2 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1004.4 redesignated as current Sec. 1004.3; section amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1004.4.  APPEAL TO BOARD OF SUPERVISORS.
   If the HPC disapproves the proposed designation, such action shall be final, except upon the filing of a valid appeal to the Board of Supervisors within 30 days by a protest subscribed by the owners of at least 20 percent of the property proposed to be designated, or by any governmental body or agency, or by an organization with a recognized interest in historical preservation; provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the said Board shall be notified immediately of the disapproval without the necessity for an appeal.
   (a)   Hearing. The Board of Supervisors shall hold a public hearing on any such proposal appealed to it or initiated by it, after due notice to the owners of the property included in the proposal and any applicant(s), and such other notice as the said Board may deem necessary.
   (b)   Decision. The Board of Supervisors may overrule the HPC and approve, or modify and approve, the designation by a majority vote of all its members.
   (c)   Resubmission, Reconsideration. If a proposal initiated by application has been disapproved by the HPC or by the Board of Supervisors, no subsequent application that is the same or substantially the same may be submitted or reconsidered for at least one year from the effective date of final action of the original proposal.
(Formerly codified as Sec. 1004.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1004.4 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.3 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1004.5 redesignated as current Sec. 1004.4; undesignated introductory paragraph and divisions (a), (b), and (c) amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1004.5.  NOTICE OF DESIGNATION BY BOARD OF SUPERVISORS.
   When a landmark or historic district has been designated by the Board of Supervisors as provided above, the Department shall promptly notify the owners of the property included therein. The Department shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder.
(Formerly codified as Sec. 1004.6; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1004.5 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.4 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1004.6.  NOTICE OF AMENDMENT OR RESCISSION OF DESIGNATION.
   When a landmark or historic district designation has been amended or rescinded, the Department shall promptly notify the owners of the property included therein, and shall cause a copy of the appropriate ordinance, or notice thereof, to be recorded in the office of the County Recorder.
(Formerly codified as Sec. 1004.7; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1004.6 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.5 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1004.7.  RESERVED.
(Added by Ord. 112-71, App. 5/7/71; redesignated as Sec. 1004.6 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1005.  CONFORMITY AND PERMITS.
   (a)   No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work.
   (b)   (1)   Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10.
      (2)   The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with.
   (c)   Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages.
      (2)   The addition of a mural to any landmark or contributory structure in a historic district shall require compliance with the provisions of this Article 10, regardless of whether or not a City permit is required for the mural.
      (3)   Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies such alterations, shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required.
   (d)   The Department shall maintain with the Central Permit Bureau a current record of designated landmarks and historic districts. Upon receipt of any application for a permit to carry out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, on a landmark site or in a historic district, the Central Permit Bureau shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 1007 of this Article 10, promptly forward such permit application to the Department.
   (e)   After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10:
      (1)   When the application is for a permit to construct on a landmark site where the landmark has been lawfully demolished and the site is not within a designated historic district;
      (2)   When the application is for a permit to make interior alterations only on a privately-owned structure or on a publicly-owned structure, unless the designating ordinance requires review of such alterations to the privately- or publicly-owned structure pursuant to Section 1004(c) hereof. Notwithstanding the foregoing, if any proposed interior alteration requiring a permit would result in any significant visual or material impact to the exterior of the subject building, a Certificate of Appropriateness shall be required to address such exterior effects;
      (3)   When the application is for a permit to do ordinary maintenance and repairs only. For the purpose of this Article 10, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster;
      (4)   When the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, unless such streets and sidewalks have been explicitly called out in a landmark’s or district’s designating ordinance as character defining features of the landmark or district;
      (5)   When the application is for a permit to alter a landing or install a power-assist operator to provide an accessible entrance to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6;
      (6)   When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a landmark or district, provided that signage, awnings, and transparency conform to the requirements outlined in Section 1006.6;
      (7)   When the application is for a permit to install non-visible rooftop appurtenances to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6; or
      (8)   When the application is for a permit to install non-visible, low-profile skylights, provided that the improvements conform to the requirements outlined in Section 1006.6; or
      (9)   When the application is for a permit to install a City-sponsored Landmark plaque to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6 of this Code.
   (f)   For purposes of this Article 10, demolition shall be defined as any one of the following:
      (1)   Removal of more than 25 percent of the surface of all external walls facing a public street(s); or
      (2)   Removal of more than 50 percent of all external walls from their function as all external walls; or
      (3)   Removal of more than 25 percent of external walls from function as either external or internal walls; or
      (4)   Removal of more than 75 percent of the building's existing internal structural framework or floor plates unless the City determines that such removal is the only feasible means to meet the standards for seismic load and forces of the latest adopted version of the San Francisco Building Code and the State Historical Building Code.
   (g)   The following procedures shall govern review of the addition of murals to any landmark or contributory structure in a historic district:
      (1)   Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property owned by the City, no Certificate of Appropriateness shall be required. On such structures, the Art Commission shall not approve the mural until the HPC has provided advice to the Art Commission on the impact of the mural on the historical structure. The HPC shall provide advice to the Art Commission within 45 days of receipt of a written request for advice and information regarding the placement, size and location of the proposed mural;
      (2)   Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property that is not owned by the City, a Certificate of Appropriateness shall be required. The HPC shall not act on the Certificate of Appropriateness until the Art Commission has provided advice to the HPC on the mural. The Art Commission shall provide advice to the HPC within 50 days of receipt of a written request for advice and information regarding the proposed mural.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 227-92, App. 7/14/92; Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 140-06, File 052921, App. 6/22/2006; Ord. 82-07, File No. 070021, App. 4/20/2007; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018)
AMENDMENT HISTORY
Divisions (e), (e)(2), (e)(3), (e)(4), (g)(1), and (g)(2) amended; Ord. 94-12, Eff. 6/20/2012. Division (e) amended; divisions (e)(5)-(e)(9) added; Ord. 179-18, Eff. 8/27/2018.
SEC. 1006.  CERTIFICATE OF APPROPRIATENESS REQUIRED.
   A Certificate of Appropriateness shall be required and shall govern review of permit applications as provided in Sections 1005(e) and 1005(g), except in the specific cases set forth in Section 1005(e), for the following types of work affecting the character-defining features as listed pursuant to Section 1004(b) of the Code:
   (1)   Any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural (as set forth in Planning Code Section 1005(g), or other appendage, for which a City permit is required, on a landmark site or in a historic district;
   (2)   Exterior changes in a historic district visible from a public street or other public place, where the designating ordinance requires approval of such changes pursuant to the provisions of this Article 10;
   (3)   The addition of a mural to any landmark or contributory structure in a historic district, which is not owned by the City or located on property owned by the City, as set forth in Planning Code Section 1005(g), regardless of whether or not a City permit is required for the mural; or
   (4)   Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies the alterations that require approval under this Article 10.
   The procedures, requirements, controls and standards in Sections 1006 through 1006.8 shall apply to all applications for Certificates of Appropriateness; provided, however, that the designating ordinance for a historic district, or for a City-owned park, square, plaza or garden on a landmark site, may modify or add to these procedures, requirements, controls and standards.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Undesignated introductory paragraph and undesignated concluding paragraph amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1006.1.  APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS.
   (a)   Who May Apply. An application for a Certificate of Appropriateness may be filed by the owner, or authorized agent for the owner, of the property for which the Certificate is sought.
   (b)   Where to File. Applications shall be filed in the office of the Planning Department.
   (c)   Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Department and the HPC. All applications shall be upon forms prescribed therefore, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. In general, the application shall be accompanied by plans and specifications showing the proposed exterior appearance, including but not limited to color, texture of materials, and architectural design and detail; drawings or photographs showing the property in the context of its surroundings may also be required. The applicant may be required to file with the application additional information needed for the preparation and mailing of notices as specified in Section 1006.3.
   (d)   Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his authorized agent attesting to the truth and correctness of all facts, statements and information presented.
   (e)   Multiple Planning Approvals. For projects that require multiple planning approvals, the HPC shall review and act on any Certificate of Appropriateness before any other planning approval action. For projects that (1) require a conditional use authorization or permit review under Section 309, et seq. of the Code, and (2) do not concern an individually landmarked property, the Planning Commission may modify any decision on a Certificate of Appropriateness by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of the Code and take into account all relevant General Plan and Planning Code policies, in addition to all applicable historic preservation provisions. For projects located on vacant lots, the Planning Commission may modify any decision on a Certificate of Appropriateness by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of the Planning Code and take into account all relevant General Plan and Planning Code policies, in addition to all applicable historic preservation provisions.
   (f)   Permit and Application Fee Waivers. In cases of economic hardship, an applicant may be partially or fully exempt from paying fees pursuant to Section 350(e)(2).
(Amended by Ord. 223-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Divisions (b), (c), and (e) amended; division (f) added; Ord. 94-12, Eff. 6/20/2012.
SEC. 1006.2.  REVIEW BY PLANNING DEPARTMENT.
   The Department shall review an application for a Certificate of Appropriateness and determine within 30 days of submittal whether the application is complete or whether additional information is required.
   (a)   Minor Alterations. The HPC may define certain categories of work as Minor Alterations and delegate review of an Administrative Certificate of Appropriateness for such Minor Alterations to Department staff. If the HPC delegates such review to Department staff, Minor Alterations shall include the following categories of work:
      (1)   Work the sole purpose and effect of which is to comply with the Unreinforced Masonry Building (UMB) Seismic Retrofit Ordinance and where the proposed work complies with the UMB Retrofit Architectural Design Guidelines adopted by the HPC; or
      (2)   Any other work so delegated to the Department by the HPC.
   (b)   Administrative Certificates of Appropriateness. Upon receipt of a building permit application, the Department will review and render a decision on an Administrative Certificate of Appropriateness without a hearing before the HPC. The Department shall mail the Department's written decision on an Administrative Certificate of Appropriateness to the applicant and to any individuals or organizations who so request. Any Departmental decision on an Administrative Certificate of Appropriateness may be appealed to the HPC within 15 days of the date of the written decision. The HPC may also request review of any Departmental decision on an Administrative Certificate of Appropriateness by its own motion within 20 days of the written decision.
   (c)   Applications for a Certificate of Appropriateness that are not Minor Alterations delegated to Department staff shall be scheduled for hearing by the HPC pursuant to Sections 1006.3 and 1006.4 below.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012. Divisions (a) and (b) amended; Ord. 166-16 , Eff. 9/10/2016.
SEC. 1006.3.  SCHEDULING AND NOTICE OF HEARING.
   (a)   If a public hearing before the HPC on a Certificate of Appropriateness is required, a timely appeal has been made of an Administrative Certificate of Appropriateness, or the HPC has timely requested review of an Administrative Certificate of Appropriateness, the Department shall set a time and place for said hearing within a reasonable period. Notice of the time, place and purpose of the hearing shall be provided as required by Section 333 of this Code.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)
AMENDMENT HISTORY
Section amended substantially in its entirety; Ord. 94-12, Eff. 6/20/2012. Division (a) amended; divisions (a)(1)-(b) deleted; Ord. 179-18, Oper. 1/1/2019.
SEC. 1006.4.  CONDUCT OF HEARING; DECISION.
   Where a public hearing before the HPC has been scheduled:
   (a)   Report and Recommendation. The Department shall make necessary investigations and studies prior to the hearing of the HPC. The Department shall provide its report and recommendation to the HPC.
   (b)   Record. A record shall be kept of the pertinent information presented at the hearing, and such record shall be maintained as a part of the permanent public records of the Department. A verbatim record may be made if permitted or ordered by the HPC.
   (c)   Continuations. The HPC shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is announced at the scheduled hearing.
   (d)   Decision. The HPC shall approve, disapprove, or approve with modifications Certificates of Appropriateness for work to designated landmarks or within historic districts, except where it delegates such decisions to Departmental staff under the provisions of Section 1006.2 above. The decision of the HPC shall be rendered within 30 days from the date of conclusion of the hearing; failure of the HPC to act within the prescribed time shall be deemed to constitute disapproval of the application. The decision of the HPC shall be final except upon the filing of a valid appeal to the Board of Appeals or Board of Supervisors as provided in Section 1006.7. If the HPC, or the Board of Appeals or Board of Supervisors on appeal, approves the application, the Department shall issue a Certificate of Appropriateness to the applicant.
   (e)   Time Limit for Exercise. When approving an application for a Certificate of Appropriateness as provided herein, the HPC may impose a time limit for submission of a permit application conforming to the Certificate; otherwise, such permit application must be submitted within a reasonable time.
   (f)   Delegation of Hearing. The HPC may delegate to a committee of one or more of its members, or to the Director of Planning or his or her designee, or to any combination of the foregoing, the holding of the hearing required by this Article 10 for a Certificate of Appropriateness. The delegate or delegates shall submit to the HPC a record of the hearing, together with a report of findings and recommendations relative thereto, for the consideration of the HPC in reaching its decision in the case.
   (g)   Reconsideration. Whenever an application has been disapproved by the HPC, or by the Board of Appeals or Board of Supervisors on appeal as described in Section 1006.7, no application, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the HPC within a period of one year from the effective date of final action upon the earlier application.
(Formerly codified as Sec. 1006.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1006.4 amended by Ord. 222-72, App. 8/9/72; deleted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1006.5 redesignated as current Sec. 1006.4; undesignated introductory paragraph and divisions (a) through (g) amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1006.5.  NATURE OF HISTORIC PRESERVATION COMMISSION DECISION.
   The decision of the HPC after its public hearing shall be in accordance with the following provisions:
   (a)   If the application for a Certificate of Appropriateness proposes construction or alteration of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, or exterior changes in a historic district visible from a public street or other public place, the HPC shall approve, disapprove, or modify the application in whole or in part.
   (b)   If the application proposes removal or demolition of a structure on a designated landmark site, the HPC may disapprove or approve the application, or may suspend action on it for a period not to exceed 180 days; provided that the Board of Supervisors by resolution may, for good cause shown, extend the suspension for an additional period not to exceed 180 days, if the said Board acts not more than 90 days and not less than 30 days prior to the expiration of the original 180-day period.
   (c)   If the application proposes removal or demolition of a structure in a designated historic district, other than on a designated landmark site, the HPC may disapprove or approve the application, or may suspend action on it for a period not to exceed 90 days, subject to extension by the Board of Supervisors as provided in the preceding subsection; provided, however, that the designating ordinance for the historic district may authorize the suspension of action for an alternate period which shall in no event exceed 90 days, without extension, and in such event the provision of the designating ordinance shall govern.
   (d)   In the event action on an application to remove or demolish a structure is suspended as provided in this Section, the HPC may take such steps as it determines are necessary to preserve the structure concerned, in accordance with the purposes of this Article 10. Such steps may include, but shall not be limited to, consultations with civic groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features.
(Formerly codified as Sec. 1006.6; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1006.5 amended by Ord. 222-72, App. 8/9/72; redesignated as Sec. 1006.4 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1006.6 redesignated as current Sec. 1006.5; undesignated introductory paragraph and divisions (a) through (d) amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1006.6.  STANDARDS FOR REVIEW OF APPLICATIONS.
   The HPC, the Department, and, in the case of multiple approvals under Section 1006.1(f), the Planning Commission, and any other decision making body shall be guided by the standards in this Section in their review of applications for Certificates of Appropriateness for proposed work on a landmark site or in a historic district. In appraising the effects and relationships mentioned herein, the decision making body shall in all cases consider the factors of architectural style, design, arrangement, texture, materials, color, and any other pertinent factors.
   (a)   The proposed work shall be appropriate for and consistent with the effectuation of the purposes of this Article 10.
   (b)   The proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties for individual landmarks and contributors within historic districts, as well as any applicable guidelines, local interpretations, bulletins, or other policies. Development of local interpretations and guidelines based on the Secretary of the Interior's Standards shall be led by the Planning Department through a public participation process; such local interpretations and guidelines shall be found in conformance with the General Plan and Planning Code by the Planning Commission and shall be adopted by both the HPC and the Planning Commission. If either body fails to act on any such local interpretation or guideline within 180 days of either body's initial hearing where the matter was considered for approval, such failure to act shall constitute approval by that body. In the case of any apparent inconsistency among the requirements of this Section, compliance with the requirements of the designating ordinance shall prevail.
   (c)   For applications pertaining to landmark sites, the proposed work shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the landmark and, where specified in the designating ordinance pursuant to Section 1004(c), its major interior architectural features. The proposed work shall not adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting, nor of the historic district in applicable cases.
   (d)   For applications pertaining to property in historic districts, other than on a designated landmark site, any new construction, addition or exterior change shall be compatible with the character of the historic district as described in the designating ordinance; and, in any exterior change, reasonable efforts shall be made to preserve, enhance or restore, and not to damage or destroy, the exterior architectural features of the subject property which are compatible with the character of the historic district. Notwithstanding the foregoing, for any exterior change where the subject property is not already compatible with the character of the historic district, reasonable efforts shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility. Where the required compatibility exists, the application for a Certificate of Appropriateness shall be approved.
   (e)   For applications pertaining to all property in historic districts, the proposed work shall also conform to such further standards as may be embodied in the ordinance designating the historic district.
   (f)   For applications pertaining to the addition of murals on a landmark or contributory structure in a historic district, the HPC shall consider only the placement, size and location of the mural, to determine whether the mural covers or obscures significant architectural features of the landmark or contributory structure. For purposes of review under this Article 10, the City shall not consider the content or artistic merit of the mural.
   (g)   For applications pertaining to property in a historic district in a RH, RM, RTO, NC or UMU district, the HPC, or the Planning Department in the scope of work has been delegated pursuant to Section 1006.2(a), shall exempt such applications from the requirements of Section 1006.6 when compliance would create a significant economic hardship for the applicant, provided that:
      (1)   The scope of the work does not constitute a demolition pursuant to Section 1005(f);
      (2)   The Planning Department has determined that the applicant meets the requirement for economic hardship, such that the fees have been fully or partially waived pursuant to Section 1006.1 of this Code;
      (3)   The Zoning Administrator has determined that in all other aspects the project is in conformance with the requirements of the Planning Code;
      (4)   The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district, while reducing costs to the applicant; and
      (5)   The HPC, or the Planning Department if the scope of work has been delegated pursuant to Section 1006.2(a), has confirmed that all requirements listed herein have been met, and has determined pursuant to Section 1006.4 that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district.
   (h)   For applications pertaining to residential projects within historic districts that are receiving a direct financial contribution or funding from local state or federal sources for the purpose of providing a subsidized for-sale housing unit or units to residents earning 120% and below area median income or rental housing unit or units to residents earning 100% and below area median income and where at least 80 percent of the units are so subsidized, the HPC shall exempt such applications from the requirements of Section 1006.6 provided that:
      (1)   The scope of the work does not constitute a demolition pursuant to Section 1005(f);
      (2)   The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district;
      (3)   The applicant has demonstrated that the project has considered all local, state, and federal rehabilitation incentives and taken advantage of those incentives as part of the project, when possible and practical; and
      (4)   The HPC has confirmed that all requirements listed herein have been met, and has determined, pursuant to Section 1006.4 of this Code, that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district and furthers the City's housing goals.
(Formerly codified as Sec. 1006.7; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1006.6 added by Ord. 222-72, App. 8/9/72; amended by Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; redesignated as current Sec. 1006.5 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1006.7 redesignated as current Sec. 1006.6; undesignated introductory paragraph amended; new division (b) added and former divisions (b) through (d) redesignated as divisions (c) through (f) accordingly; division (f) amended; divisions (g) and (h) added; Ord. 94-12, Eff. 6/20/2012.
SEC. 1006.7.  APPEALS OF A CERTIFICATE OF APPROPRIATENESS.
   (a)   Right of Appeal. The HPC's or the Planning Commission's decision on a Certificate of Appropriateness shall be final unless appealed to the Board of Appeals, which may modify the decision by a 4/5 vote; provided however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a conditional use authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote. Any certificate of Appropriateness so appealed shall not become effective unless and until approved by the Board of Appeals or Board of Supervisors in accordance with this Section. Nothing in this Section shall be construed to authorize the appeal of any decision under Section 1006.5 of this Article 10 to suspend action on an application.
   (b)   Notice of Appeal. Any appeal under this Section shall be taken by filing written notice of appeal with the Board of Appeals or Clerk of the Board of Supervisors, whichever entity is appropriate under the requirements of subsection (a), within 30 days after the date of action by the HPC or Planning Commission.
   (c)   Hearing. The Board of Supervisors, the Board of Appeals or the Clerk(s) thereof shall set a time and place for hearing such appeal, which shall be not less than 10 nor more than 30 days after such filing. The Board of Appeals or the Board of Supervisors must decide such appeal within 30 days of the time set for the hearing thereon; provided that, if the full membership of the board hearing the appeal is not present on the last day on which the appeal is set or continued for hearing within said period, the board may postpone the hearing and decision thereon until, but not later than, the full membership of the board is present; provided, further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of filing of the appeal. Failure of the Board of Appeals or the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the decision of the HPC or Planning Commission.
   (d)   Decisions Affecting City Hall. The provisions of this Subsection shall govern decisions by the HPC on a Certificate of Appropriateness for alteration work to be done at City Hall, in lieu of any other provision set forth above. Upon the approval or disapproval by the HPC of a Certificate of Appropriateness for alteration of City Hall, the Secretary of the HPC shall transmit to the Clerk of the Board of Supervisors written notification of the HPC's decision. The Clerk shall set a time and place for hearing on the decision, which shall be not less than 10 nor more than 30 days after receipt of such notification. The Board of Supervisors may approve, disapprove, or modify the HPC's decision by majority vote. The Board of Supervisors must take this action within 30 days of the time set for the hearing thereon, provided that, if the full membership of the Board is not present on the last day on which said hearing is set or continued within said period, the Board may postpone said hearing and decision thereon until, but not later than, the full membership of the Board is present; provided further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of the receipt of written notification. Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the HPC.
(Formerly codified as Sec. 1006.8; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1006.7 amended by Ord. 41-73, App. 2/1/73; Ord. 249-96, App. 6/19/96; Ord. 82-07, File No. 070021, App. 4/20/2007; redesignated as current Sec. 1006.6 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1006.8 redesignated as current Sec. 1006.7; section header and divisions (a), (b), and (c) amended; former division (d) deleted and former division (e) redesignated as division (d) and amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1006.8.  RESERVED.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 163-87, App. 5/14/87; redesignated as current Sec. 1006.7 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1007.  UNSAFE OR DANGEROUS CONDITIONS.
   None of the provisions of this Article 10 shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety, and where the proposed measures have been declared necessary by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by Act of God or by the public enemy, to such an extent that in the opinion of the aforesaid officials it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1008.  COMPLIANCE WITH MAINTENANCE REQUIREMENTS.
   The owner, lessee or other person in actual charge of a landmark, or of a structure in a historic district, shall comply with all applicable codes, laws and regulations governing the maintenance of the property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior portions of such landmark or structure, the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. Failure to comply with this Section shall be subject to enforcement and penalties pursuant to Section 1013 below.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 94-12, Eff. 6/20/2012. 
SEC. 1009.  ADVICE AND GUIDANCE TO PROPERTY OWNERS.
   The HPC may, upon request of the property owner, render advice and guidance with respect to any proposed work for which a Certificate of Appropriateness is not required on a designated landmark site or in a designated historic district. In rendering such advice and guidance, the HPC shall be guided by the purposes and standards in this Article 10. This Section shall not be construed to impose any regulations or controls upon any property.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1010.  PROPERTY OWNED BY PUBLIC AGENCIES.
   (a)   The Department shall take appropriate steps to notify all public agencies that own or may acquire property in the City about the existence and character of designated landmarks and historic districts; if possible, the Department shall cause a current record of such landmarks and historic districts to be maintained in each such public agency. In the case of any publicly owned property on a landmark site or in a historic district which is not subject to the permit review procedures of the City, the agency owning the said property shall seek the advice of the HPC prior to approval or authorization of any construction, alteration or demolition thereon; and the HPC in consultation with the Art Commission in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this Article 10. In the case of any publicly owned property on a landmark site or in a historic district that is subject to the permit review procedures of the City under any other law or under the Charter, the agency owning the property shall be subject to the provisions of this Article 10, and if the project involves construction, alteration or demolition on a landmark site or in a historic district a Certificate of Appropriateness shall be required subject to the procedures set forth in this Article 10.
   (b)   All officers, boards, commissions and departments of the City shall cooperate with the HPC in carrying out the spirit and intent of this Article 10.
   (c)   Nothing in this Article 10 shall be construed to impose any regulations or controls upon designated landmarks owned or controlled by the Golden Gate Bridge Highway and Transportation District.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 244-98, App. 7/31/98; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Divisions (a) and (b) amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1011.  RECOGNITION OF STRUCTURES OF MERIT.
   (a)   The HPC may approve a list of structures of historical, architectural or aesthetic merit that have not been designated as landmarks and are not situated in designated historic districts. This list may be added to from time to time. The purpose of this list shall be to recognize and encourage the protection, enhancement, perpetuation and use of such structures. The HPC shall maintain a record of historic structures in the City that have been officially designated by agencies of the State or federal government, and shall cause such structures to be added to the aforesaid list.
   (b)   Nothing in this Article 10 shall be construed to impose any regulations or controls upon such structures of merit included on such a list and neither designated as landmarks nor situated in historic districts.
   (c)   The HPC may authorize such steps as it deems desirable to recognize the merit of, and to encourage the protection, enhancement, perpetuation and use of any such listed structure, or of any designated landmark or any structure in a designated historic district, including but not limited to the issuance of a certificate of recognition and the authorization of a plaque to be affixed to the exterior of the structure; and the HPC shall cooperate with appropriate State and federal agencies in such efforts.
   (d)   The HPC may make recommendations to the Board of Supervisors and to any other body or agency responsible, to encourage giving names pertaining to San Francisco history to streets, squares, walks, plazas and other public places.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Divisions (a), (c), and (d) amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1012.  REFERRAL OF CERTAIN MATTERS.
   Prior to passage by the Board of Supervisors, the following matters shall be submitted to the HPC for its written report regarding effects upon historic or cultural resources: ordinances and resolutions concerning historic preservation issues and historic resources; redevelopment project plans; and waterfront land use and project plans.
   (a)   Time Period for Review. The HPC shall submit any written report to the Board of Supervisors within 90 days of the date of referral. Failure of the HPC to act within the prescribed time shall be deemed to constitute a recommendation of disapproval, except that the Board of Supervisors may, by resolution, extend the prescribed time within which the HPC is to render its report.
   (b)   Report to Planning Commission. If the Planning Commission is required to take action on the matter, the HPC shall submit any report to the Planning Commission as well as to the Board of Supervisors.
   (c)   Referral Back of Proposed Amendments to the Municipal Code. In acting upon any proposed amendment to the Municipal Code concerning historic preservation issues and historic resources, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been referred to the HPC for its written report. Should the Board of Supervisors adopt a motion proposing to modify the amendment while it is before the Board, the amendment and the motion proposing modification shall be referred back to the HPC for its written report. In all such cases of referral back, the amendment and the proposed modification shall be heard by the HPC according to the requirement for a new proposal.
(Added by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1013.  ENFORCEMENT AND PENALTIES.
   Enforcement and Penalties shall be as provided in Sections 176 and 176.1 of this Code.
(Added Ord. 27-67, App. 1/26/67; amended by Ord. 57-08, File No. 071651, App. 4/10/2008; reenacted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1014.  APPLICABILITY.
   (a)   No application for a permit to construct, alter or demolish any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the day that a resolution adopted to initiate designation or a resolution adopted to confirm initiation of designation of the proposed landmark site or historic district, shall be approved by the Department while proceedings are pending on such designation for 180 days after a resolution is passed initiating designation or confirming nomination of designation.
      The HPC or the Board of Supervisors may approve by resolution a one-time extension of up to 90 days of the above time period. The Board of Supervisors may approve by resolution one further extension of up to 90 days. If final action on such designation has not been completed before the end of the relevant time period, the permit application may be approved.
      Notwithstanding the above, the Department may approve a permit to construct, alter or demolish a structure or other feature on a proposed landmark site or in a proposed historic district while proceedings are pending on a proposed designation if the property owner or authorized agent of the property owner applies for and is granted approval of a Certificate of Appropriateness for such work pursuant to the requirements of this Article 10.
   (b)   The provisions of this Article 10 shall be inapplicable to the construction, alteration or demolition of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was issued prior to the effective date of the designation of the said landmark site or historic district, and where such permit has not expired or been cancelled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the Building Code.
(Added Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Division (a) amended; Ord. 94-12, Eff. 6/20/2012.
SEC. 1015.  SEVERABILITY.
   If any Section, Subsection, Subdivision, Paragraph, sentence, clause or phrase of this Article 10 or any part thereof, is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Article 10 or any part thereof. The Board of Supervisors hereby declares that it would have passed each Section, Subsection, Subdivision, Paragraph, sentence, clause or phrase thereof, and any amendments thereto, irrespective of the fact that any one or more Sections, Subsections, Subdivisions, Paragraphs, sentences, clauses or phrases be declared unconstitutional.
(Added Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 94-12, Eff. 6/20/2012.
APPENDICES TO ARTICLE 10
Appendix A   List of Designated Landmarks.
Appendix B   Jackson Square Historic District.
Appendix C   Webster Street Historic District.
Appendix D   Northeast Waterfront Historic District.
Appendix E   Alamo Square Historic District.
Appendix F   Liberty-Hill Historic District.
Appendix G   Telegraph Hill Historic District.
Appendix H   Blackstone Court Historic District.
Appendix I   South End Historic District.
Appendix J   Civic Center Historic District.
Appendix K   Bush Street-Cottage Row Historic District.
Appendix L   Dogpatch Historic District.
Appendix M   Market Street Masonry Historic District
Appendix N   Duboce Park Historic District
Appendix O   Clyde and Crooks Warehouse District
 
APPENDIX A TO ARTICLE 10 - LIST OF DESIGNATED LANDMARKS
 
 
Landmark
No.
Name of
Landmark
Location
by Address
Assessor's
Block/Lot*
Effective
Date
1
Mission Dolores
320 Dolores Street, near 16th Street
3566/2
4/11/68
2
Old Saint Mary's Church
660 California Street, at Grant Avenue
241/12
4/11/68
3
Bank of California
400 California Street, at Sansome Street
239/3
9/3/68
4
Saint Patrick's Church
756 Mission Street, between Third and Fourth Streets
3706/13
9/3/68
5
Saint Francis of Assisi Church
610 Vallejo Street at Columbus Avenue
131/9
9/3/68
6
Holy Cross Parish Hall (Old St. Patrick's Church)
1820 Eddy Street, near Scott Street
1127/7A
9/3/68
7
Audiffred Building
1 - 21 Mission Street, at The Embarcadero
3715/1
10/13/68
8
So. San Francisco Opera House
1601 Newcomb Avenue, at Mendell Street
5311/1
12/8/68
9
Belli Building (Langerman's Building)
722 Montgomery Street, between Jackson and Washington Streets
196/13
2/3/69
10
Genella Building (Belli Annex)
728 - 30 Montgomery Street near Jackson Street
196/14
2/3/69
11
Hotaling Stables Building
32 - 42 Hotaling Place, Between Jackson and Washington Streets
196/18
2/3/69
12
Hotaling Building
451 Jackson Street, at Hotaling Place
196/19
2/3/69
13
Hotaling Annex East
445 Jackson Street, near Hotaling Place
196/20
2/3/69
14
Medico-Dental Building
441 Jackson Street, between Hotaling Place and Sansome Street
196/21
2/3/69
15
Ghirardelli Building
407 Jackson Street, near Sansome Street
196/22p
2/3/69
16
Ghirardelli Annex - Jackson Street
407 Jackson Street, near Sansome Street
196/22p
2/3/69
17
Colonial Dames Octagon House
2645 Gough Street, near Union Street
544/1, 1C
2/3/69
18
Palace Hotel and Garden Court Room
2 New Montgomery Street and 633 Market Street
3707/52
3/9/69
19
Golden Era Building
732 Montgomery Street, near Jackson Street
196/15
3/9/69
20
Hotaling Annex West
463 - 73 Jackson Street, at Hotaling Place
196/17
3/9/69
21
San Francisco City Hall
Block bounded by Polk and McAllister Streets, Van Ness Avenue and Grove Street
787/1
3/13/70
22
Solari Building (Larco's Building)
470 Jackson Street, near Montgomery Street
175/10p
3/16/70
23
Solari Building (Old French Consulate)
472 Jackson Street, near Montgomery Street
175/10p
3/16/70
24
Yeon Building
432 Jackson Street, at Balance Street
175/7
3/16/70
25
Moulinie Building
458 - 60 Jackson Street, between Montgomery and Balance Streets
175/9
3/16/70
26
Bank of Lucas, Turner & Co.
800 - 804 Montgomery Street, at Jackson Street
175/12
3/16/70
27
Grogan-Lent-Atherton Building
400 Jackson Street, at Sansome Street
175/4
3/16/70
28
Old Holy Virgin Russian Orthodox Cathedral
858 - 64 Fulton Street, between Fillmore and Webster Streets
780/13, 14
5/3/70
29
Old Fire House, Engine 22
1348 Tenth Avenue, between Irving and Judah Streets
1764/31
5/3/70
30
Ghirardelli Square
Block bounded by North Point, Larkin, Beach and Polk Streets
452/1
5/3/70
31
Burr House
1772 Vallejo Street, near Gough Street
552/29
5/3/70
32
Abner Phelps House
1111 Oak Street, near Divisadero Street
1218/30, 31p
5/31/70
33
Columbus Tower (Sentinel Building)
916 - 20 Kearny Street, at Columbus Avenue AKA 701 Montgomery Street
176/13
6/13/70
34
Original United States Mint and Subtreasury
608 Commercial Street, near Montgomery Street
227/29
6/14/70
35
Stadtmuller House
819 Eddy Street, between Van Ness Avenue and Franklin Street
743/15
12/5/70
36
Feusier Octagon House
1067 Green Street, between Jones and Leavenworth Streets
126/22A
12/5/70
37
Hallidie Building
130 Sutter Street, between Kearny and Montgomery Streets
288/27
4/4/71
38
Bourn Mansion
2550 Webster Street, between Pacific Avenue and Broadway
580/13
4/4/71
39
Saint Francis Lutheran Church
152 Church Street, between Market and Duboce Streets
3537/10
7/10/71
40
First Unitarian Church
Block bounded by Franklin Street, Geary Boulevard and Starr King Way
713/34
7/10/71
41
Saint Mark's Evangelical Lutheran Church
1135 O'Farrell Street (vacated portion), between Franklin and Gough Streets
720/28
7/10/71
42
Dennis T. Sullivan Memorial Fire Chief's Home
870 Bush Street, near Taylor Street
274/10
10/10/71
43
Cable Car Barn and Power House
Washington and Mason Streets, northwest corner
190/5
10/10/71
44
Donaldina Cameron House
920 Sacramento Street, at Joice Street
224/8
10/10/71
45
Leale House
2475 Pacific Avenue, between Fillmore and Steiner Streets
587/18
4/2/72
46
House of the Flag
1652 - 56 Taylor Street, at Vallejo Street
149/23
5/12/72
47
Nightingale House
201 Buchanan Street, at Waller Street
858/2
10/1/72
48
-
294 Page Street, at Laguna Street
839/17
10/1/72
49
Sherman House
2160 Green Street, between Fillmore and Webster Streets
540/30
10/18/72
50
Conservatory
Golden Gate Park, John F. Kennedy Memorial Drive
1700p
12/4/72
51
Casebolt House
2727 Pierce Street, between Green and Vallejo Streets
560/5
3/5/73
52
Transamerica Building (Old Fugazi Bank Building)
4 Columbus Avenue, at Montgomery Street
195/2
3/5/73
53
Wormser-Coleman House
1834 California Street, between Franklin and Gough Streets
641/5
6/1/73
54
Edward Coleman House
1701 Franklin Street, at California Street
641/3
7/6/73
55
Lilienthal-Orville Pratt House
1818 - 24 California Street, near Franklin Street
641/4
7/6/73
56
Roos House
3500 Jackson Street, at Locust Street
970/2
8/6/73
57
Talbot-Dutton House
1782 Pacific Avenue, at Franklin Street
5/5/10
11/2/73
58
Merryvale Antiques
3640 Buchanan Street, at North Point Street
459/3
2/4/74
59
Haslett Warehouse
680 Beach Street, at Hyde Street
10/2
2/4/74
60
Hunters Point Springs and Albion Brewery
881 Innes Avenue, at Griffith Street
4654/13
4/5/74
61
Sylvester House
1556 Revere Avenue, between Lane and Keith Streets
5340/6
4/5/74
62
Mish House
1153 Oak Street, near Divisadero Street
1218/29
7/6/74
63
Quinn House
1562 McKinnon Avenue, near Mendell Street
5295/31
7/6/74
64
Old Flood Mansion Pacific Union Club
1000 California Street, at Mason Street
245/1
8/2/74
65
Trinity Church
1668 Bush Street, at Octavia Street
665/15
10/5/74
66
Stanyan House
2006 Bush Street, near Buchanan Street
661/33
1/4/75
67
Tanforan Cottage
214 Dolores Street, near Fifteenth Street
3557/3
1/4/75
68
Tanforan Cottage
214 Dolores Street, at Alert Alley near Fifteenth Street
3557/3A
1/4/75
69
Haas-Lilienthal House
2007 Franklin Street, near Jackson Street
600/2
1/4/75
70
Atherton House
1990 California Street, at Octavia Street
640/10
2/19/75
71
Goodman Building
1117 Geary Street, near Van Ness Avenue
714/11p
2/28/75
72
V. C. Morris Building
140 Maiden Lane, near Stockton Street
0309/019
8/7/75
Editor’s Note:
   The character-defining features  for Landmark No. 72 were amended by Ord. 223-16, File No. 160821, App. 11/22/2016, Eff. 12/22/2016.
73
Lotta's Fountain
Pedestrian Island, at Intersection of Market, Geary and Kearny Streets
7/19/75
74
Frank M. Stone House
1348 South Van Ness, near 24th Street
6518/6
7/19/75
75
California Historical Society (Whittier Mansion)
2090 Jackson Street, at Laguna Street
591/7
11/8/75
76
Mills Building & Tower
220 Montgomery Street and 220 Bush Street
268/6,7,8
11/8/75
77
Samuels Clock
Sidewalk area in front 856 Market Street, near Powell Street
12/7/75
78
Sunnyside Conservatory
236 Monterey Boulevard
6770/53, 52p
12/7/75
79
Miller-Joost House
3224 Market Street, near Clayton Street
2704/40
12/7/75
80
Alfred E. (Nobby) Clarke Mansion
250 Douglas Street, at Casselli Avenue
2700/1
12/7/75
81
Bush Street Temple (Soto Mission)
1881 Bush Street, near Laguna Street
674/13
4/18/76
82
Geary Theater
415 Geary Street, near Mason Street
316/1A
7/11/76
83
St. John's Presbyterian Church
25 Lake Street, corner of Arguello Boulevard
1361/1
9/12/76
84
War Memorial (Opera House and Veterans Building)
Van Ness Avenue, between Grove and McAllister Streets
786A
1/9/77
85
San Francisco Art Institute
800 Chestnut Street, at Jones Street
49/1p
7/9/77
86
Potrero Hill Neighborhood House
953 DeHaro Street, at Southern Heights Avenue
4096/43
7/9/77
87
Jessie Street Substation
220 Jessie Street, nowvacated. (Rear of Landmark No. 4)
3706/70p
7/9/77
88
Palace of Fine Arts
Baker Street, between Bay and Jefferson Streets
916/2
7/9/77
89
Old Firehouse, Engine Company No. 2 and Truck No. 6
1152 Oak Street, near Broderick Street
1215/10
7/9/77
90
Ferry Building
The Embarcadero, foot of Market Street
9900/000F,
000W
7/9/77
91
Gibb-Sanborn Warehouse (Trinidad Bean and Elevator Company)
855 Front Street, at Vallejo Street
141/13
7/9/77
92
Gibb-Sanborn Warehouse (Pelican Paper)
901 Front Street, at Vallejo Street
136/3
7/9/77
93
Old Firehouse, Engine Company No. 23
3022 Washington Street, near Broderick Street
981/13
7/9/77
94
Orpheum Theater Building
1192 Market Street, at Hyde Street
351/22
7/9/77
95
Koshland House
3800 Washington Street, at Maple Street
989/3
7/9/77
96
Francis Scott Key Monument
Golden Gate Park, East End of Music Concourse
1700p
7/9/77
97
Atkinson House
1032 Broadway, near Taylor Street
150/33
7/17/77
98
Ortman-Shumate House
1901 Scott Street, at Pine Street
1027/3
8/13/77
99
Schoenstein Organ
3101 20th Street, at Alabama Street
4084/1
8/13/77
100
Castro Theater
429 Castro Street, near Market Street
3582/85
9/3/77
101
Oriental Warehouse
650 First Street, near Brannan Street
3789/15p
10/8/77
102
Italian Swiss Colony Building
1265 Battery, at Greenwich Street
84/1p
1/8/78
103
Calvary Presbyterian Church (Sanctuary)
2501 Fillmore Street, at Jackson Street
587/27p
1/10/78
104
Independent Wood Company Building (Cargo West)
1105 Battery Street, at Union Street
107/6
4/23/79
105
Market Street Railway Substation
1190 Fillmore Street, at Turk Street
756/1p
4/23/79
106
Chambord Apartments
1298 Sacramento Street, at Jones Street
221/89p
4/23/79
107
Rincon Annex
Mission at Spear
3716/1p
2/10/80
108
State Armory and Arsenal
14th and Mission
3547/1
2/10/80
109
A. Borel & Co.
440 Montgomery
239/12
4/06/80
110
Italian American Bank
460 Montgomery
239/14
4/06/80
111
Family Service Agency
1010 Gough Street
737/9
10/12/80
112
Rothschild House
964 Eddy Street
737/7
10/5/80
113
S. F. Mining Exchange
350 Bush Street
269/3
10/5/80
114
Beltline Railroad Roundhouse Complex
Sansome, The Embarcadero and Lombard
58/1
10/5/80
115
Health Sciences Library
2395 Sacramento Street
637/16
10/5/80
116
St. Paulus Lutheran Church
Eddy and Gough Streets
744/10, 10A, 11
(Rescinded by
Ord. 379-96)
117
Hammersmith Building
301 - 303 Sutter Street
294/1
10/5/80
118
B'nai David Synagogue
3035 19th Street
3597/63
10/5/80