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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.
AMENDMENT HISTORY
(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.
AMENDMENT HISTORY
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.
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.
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.
(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.
(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.
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)
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