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FILE NO. 240725 AMENDED IN COMMITTEE 7/29/2024 ORDINANCE NO. 223-24 [Planning Code - Landmark Designation - Rainbow Flag at Harvey Milk Plaza] Ordinance amending the Planning Code to designate the Rainbow Flag Installation at Harvey Milk Plaza, by Gilbert Baker, located at the southwest corner of the intersection of Market Street and Castro Street, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times 1Vew Ronwnfont. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. (a) CEQA and Land Use Findings. (1) The Planning Department has determined that the Planning Code amendment proposed in this ordinance is subject to a Categorical Exemption from the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq., hereinafter "CEQA") pursuant to Section 15308 of California Code of Regulations, Title 14, Sections 15000 et seq., the Guidelines for implementation of the statute, for actions by regulatory agencies for protection of the environment (in this case, landmark designation). Said determination is on file with the Clerk of the Board of Supervisors in File No. 240725 and Supervisors Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani, Walton BOARD OF SUPERVISORS Page 1 is incorporated herein by reference. The Board of Supervisors affirms this determination. (2) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the proposed landmark designation of Rainbow Flag will serve the public necessity, convenience, and welfare for the reasons set forth in Historic Preservation Commission Resolution No. 1395, recommending approval of the proposed designation, which is incorporated herein by reference. (3) The Board of Supervisors finds that the proposed landmark designation of Rainbow Flag is consistent with the General Plan and with Planning Code Section 101.1 (b) for the reasons set forth in Historic Preservation Commission Resolution No. 1395, which is incorporated herein by reference. (b) General Findings. (1) On April 4, 2024, the Board of Supervisors adopted Resolution No. 170-24, initiating landmark designation of Gilbert Baker's Rainbow Flag Installation (the "Rainbow Flag") at Harvey Milk Plaza as a San Francisco Landmark pursuant to Section 1004.1 of the Planning Code. On April 12, 2024, the Mayor approved the resolution. Said resolution is on file with the Clerk of the Board of Supervisors in File No. 240311. (2) Pursuant to Charter Section 4.135, the Historic Preservation Commission has authority "to recommend approval, disapproval, or modification of landmark designations and historic district designations under the Planning Code to the Board of Supervisors." (3) The Landmark Designation Fact Sheet was prepared by Planning Department Preservation staff. All preparers meet the Secretary of the Interior's Professional Qualification Standards for historic preservation program staff, as set forth in Code of Federal Regulations Title 36, Part 61, Appendix A. The report was reviewed for accuracy and conformance with the purposes and standards of Article 10 of the Planning Code. Supervisors Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani, Walton BOARD OF SUPERVISORS Page 2 (4) The Historic Preservation Commission, at its regular meeting of May 15, 2024, reviewed Planning Department staff's analysis of the historical significance of the Rainbow Flag set forth in the Landmark Designation Fact Sheet dated May 1, 2024. (5) On May 15, 2024, after holding a public hearing on the proposed designation and having considered the specialized analyses prepared by Planning Department staff and the Landmark Designation Fact Sheet, the Historic Preservation Commission recommended designation of the Rainbow Flag as a landmark consistent with the standards set forth in Section 1004 of the Planning Code, by Resolution No. 1395. Said resolution is on file with the Clerk of the Board in File No. 240725. (6) The Board of Supervisors hereby finds that the Rainbow Flag has a special character and special historical, architectural, and aesthetic interest and value, and that its designation as a Landmark will further the purposes of and conform to the standards set forth in Article 10 of the Planning Code. In doing so, the Board hereby incorporates by reference the findings of the Landmark Designation Fact Sheet. Section 2. Designation. Pursuant to Section 1004.3 of the Planning Code, the Rainbow Flag Installation at Harvey Milk Plaza by Gilbert Baker is hereby designated as a San Francisco Landmark consistent with the standards set forth in Section 1004. Appendix A to Article 10 of the Planning Code is hereby amended to include this property. Section 3. Required Data. (a) The description, location, and boundary of the Landmark site consists of the historic structural footprint of the Rainbow Flag, inclusive of the concrete plinth, concrete foundation above the Castro MUNI Station at the southwest corner of the intersection of Supervisors Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani, Walton BOARD OF SUPERVISORS Page 3 Market Street and Castro Street at Harvey Milk Plaza in San Francisco's Castro neighborhood. (b) The characteristics of the Landmark that justify its designation are described and shown in the Landmark Designation Fact Sheet and other supporting materials contained in Planning Department Record Docket No. 2023-003679DES. In brief, the Rainbow Flag is eligible for local designation as a traditional cultural property with global recognition under National Register of Historic Places Criterion A and as a significant artwork by the political artist Gilbert Baker under Criterion C. The artist Gilbert Baker (1951-2017) is widely known for creating a six-striped Rainbow Flag artwork based on an eight-striped version made in San Francisco in 1978. Baker's six-color Rainbow Flag rapidly became associated with the greater Lesbian, Gay, Bisexual, Transgender and Queer+ (LGBTQ+) community, not only in terms of the diversity of whom it represented but also in its global recognition. For nearly two decades, Baker produced variations on the theme of the six-stripe Rainbow Flag for different anniversaries and events. The Rainbow Flag at Harvey Milk Plaza, installed in 1997 in commemoration of Harvey Milk's election to the Board of Supervisors twenty years earlier, is a site-specific permanent artwork and is the only such made by Baker. It honors the political achievements of Harvey Milk and the next generation of LGBTQ+ politicians; it serves as a beacon of hope, visibility, and power; and, it is the singular physical manifestation of LGBTQ+ pride for everyone. (c) The particular features that should be preserved, or replaced in-kind as determined necessary, are those generally shown in photographs and described in the Landmark Designation Fact Sheet, which can be found in Planning Department Record Docket No. 2023-003679DES, and which are incorporated in this designation by reference as though fully set forth herein. Specifically, the following features are character-defining and shall be preserved or replaced in kind: Supervisors Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani, Walton BOARD OF SUPERVISORS Page 4 (1) Siting of the flagpole at Harvey Milk Plaza in alignment with Market Street to the Ferry Building; (2) All necessary foundation elements required to maintain the stability of the plinth and flagpole flying a 20-foot by 30-foot flag; (3) Aluminum flagpole with internal halyard; (4) Concrete plinth with beveled corners; (5) Metal plaque mounted on the plinth; (6) 20-foot by 30-foot six-striped Rainbow Flag with the colors red, orange, yellow, green, blue, and violet, flying at full mast 24 hours a day, seven days a week, year- round. Section 4. Standards of Review for Applications. (a) The following scopes of work shall not require a Certificate of Appropriateness: (1) Work consisting of "ordinary maintenance and repairs," pursuant to Planning Code Section 1005(e)(3). For purposes of this ordinance, "ordinary maintenance and repairs" for the Rainbow Flag includes known cyclical in-kind replacement of deteriorated 20-foot by 30-foot six-striped flags, which generally occurs about four times a year as old ones fray, become faded, or are otherwise damaged by weather events, and corrective actions required to treat acts of vandalism that do not require replacement of the aluminum pole, concrete plinth, or metal plaque; (2) Non-structural interior alterations and maintenance within non-character- defining internal halyard mechanisms, including trucks, pulleys, snaphooks, snaphook covers, finial, and ropes or for dented flash collar replacement at the base where the pole meets the plinth; and Supervisors Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani, Walton BOARD OF SUPERVISORS Page 5 (3) New plantings, pruning, changes to vegetation, changes to driveways, pathways, retaining walls, or other structures within the surroundings of Harvey Milk Plaza. Nothing in this ordinance shall be construed to regulate maintenance of or changes to vegetation, driveways, pathways, retaining walls or other features aside from those specified herein, within Harvey Milk Plaza. (b) An Administrative Certificate of Appropriateness shall be required for work delegated by the Historic Preservation Commission to Planning Department Preservation staff pursuant to Planning Code Section 1006.2. An Administrative Certificate of Appropriateness shall also be required for restoring the Rainbow Flag after "force majeure" events, including, but not limited to, earthquakes, storms, vehicle collisions, or sabotage which may necessitate replacement of the aluminum pole, concrete plinth, or metal plaque, provided that the replacement also be of the same material and of the same dimensions as the existing. (c) A Certificate of Appropriateness shall be required for the disassembly and/or relocation, without regard to duration, of any of the following: the flagpole; concrete plinth; and metal plaque, provided that the Arts Commission be consulted and its recommendation be presented to the Historic Preservation Commission, in advance of the Historic Preservation Commission hearing or at a joint hearing. Ill Ill Ill Ill Ill Ill Ill Supervisors Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani, Walton BOARD OF SUPERVISORS Page 6 Section 5. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Andrea Ruiz-Esquide ANDREA RUIZ-ESQUIDE Deputy City Attorney n:\legana\as2024\ 1800206\01775654.docx Supervisors Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani, Walton BOARD OF SUPERVISORS Page 7 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 240725 Date Passed: September 03, 2024 Ordinance amending the Planning Code to designate the Rainbow Flag Installation at Harvey Milk Plaza, by Gilbert Baker, located at the southwest corner of the intersection of Market Street and Castro Street, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101 .1. July 29, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 29, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT July 30, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai and Stefani Excused: 1 - Walton September 03, 2024 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page I Printed at 9:42 am on 9/4/24 File No. 240725 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/3/2024 by the Board of Supervisors of the City and County of San Francisco. - Angela Calvillo Clerk of the Board Date Approved Printed at 9:42 am 011 9/4/24