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; or

      (10)   When the application is for a permit to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, provided that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to the requirements of Section 207.2 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; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

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. Division (e)(9) amended; division (e)(10) added; Ord. 53-23, Eff. 5/22/2023. Second division (e)(10)) added; Ord. 122-23 , Eff. 8/5/2023. Second division (e)(10) deleted; Ord. 159-23, Eff. 8/28/2023. Division (e)(10) amended; Ord. 62-24, Eff. 4/28/2024.