ARTICLE 10:
PRESERVATION OF HISTORICAL ARCHITECTURAL AND AESTHETIC LANDMARKS

Sec. 1001.	Purposes.
Sec. 1002.	Powers and Duties of Planning Department and Historic Preservation Commission.
Sec. 1003.	Historic Preservation Commission.
Sec. 1004.	Designation of Landmarks and Historic Districts.
Sec. 1004.1.	Nomination and Initiation of Landmark and Historic District Designation.
Sec. 1004.2.	Decision by the Historic Preservation Commission.
Sec. 1004.3.	Designation by Board of Supervisors.
Sec. 1004.4.	Appeal to Board of Supervisors.
Sec. 1004.5.	Notice of Designation by Board of Supervisors.
Sec. 1004.6.	Notice of Amendment or Rescission of Designation.
Sec. 1005.	Conformity and Permits.
Sec. 1006.	Certificate of Appropriateness Required.
Sec. 1006.1.	Applications for Certificate of Appropriateness.
Sec. 1006.2.	Review by Planning Department.
Sec. 1006.3.	Scheduling and Notice of Hearing.
Sec. 1006.4.	Conduct of Hearing; Decision.
Sec. 1006.5.	Nature of Historic Preservation Commission Decision.
Sec. 1006.6.	Standards for Review of Applications.
Sec. 1006.7.	Appeals of a Certificate of Appropriateness.
Sec. 1007.	Unsafe or Dangerous Conditions.
Sec. 1008.	Compliance with Maintenance Requirements.
Sec. 1009.	Advice and Guidance to Property Owners.
Sec. 1010.	Property Owned by Public Agencies.
Sec. 1011.	Recognition of Structures of Merit.
Sec. 1012.	Referral of Certain Matters.
Sec. 1013.	Enforcement and Penalties.
Sec. 1014.	Applicability.
Sec. 1015.	Severability.
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.

 

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.