1004.2

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.