1006.1

SEC. 1006.1. APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS. (a) Who May Apply. An application for a Certificate of Appropriateness may be filed by the owner, or authorized agent for the owner, of the property for which the Certificate is sought. (b) Where to File. Applications shall be filed in the office of the Planning Department. (c) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Department and the HPC. All applications shall be upon forms prescribed therefore, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. In general, the application shall be accompanied by plans and specifications showing the proposed exterior appearance, including but not limited to color, texture of materials, and architectural design and detail; drawings or photographs showing the property in the context of its surroundings may also be required. The applicant may be required to file with the application additional information needed for the preparation and mailing of notices as specified in Section 1006.3. (d) Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his authorized agent attesting to the truth and correctness of all facts, statements and information presented. (e) Multiple Planning Approvals. For projects that require multiple planning approvals, the HPC shall review and act on any Certificate of Appropriateness before any other planning approval action. For projects that (1) require a conditional use authorization or permit review under Section 309, et seq. of the Code, and (2) do not concern an individually landmarked property, the Planning Commission may modify any decision on a Certificate of Appropriateness by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of the Code and take into account all relevant General Plan and Planning Code policies, in addition to all applicable historic preservation provisions. For projects located on vacant lots, the Planning Commission may modify any decision on a Certificate of Appropriateness by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of the Planning Code and take into account all relevant General Plan and Planning Code policies, in addition to all applicable historic preservation provisions. (f) Permit and Application Fee Waivers. In cases of economic hardship, an applicant may be partially or fully exempt from paying fees pursuant to Section 350(e)(2). (Amended by Ord. 223-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Divisions (b), (c), and (e) amended; division (f) added; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.2. REVIEW BY PLANNING DEPARTMENT. The Department shall review an application for a Certificate of Appropriateness and determine within 30 days of submittal whether the application is complete or whether additional information is required. (a) Minor Alterations. The HPC may define certain categories of work as Minor Alterations and delegate review of an Administrative Certificate of Appropriateness for such Minor Alterations to Department staff. If the HPC delegates such review to Department staff, Minor Alterations shall include the following categories of work: (1) Work the sole purpose and effect of which is to comply with the Unreinforced Masonry Building (UMB) Seismic Retrofit Ordinance and where the proposed work complies with the UMB Retrofit Architectural Design Guidelines adopted by the HPC; or (2) Any other work so delegated to the Department by the HPC. (b) Administrative Certificates of Appropriateness. Upon receipt of a building permit application, the Department will review and render a decision on an Administrative Certificate of Appropriateness without a hearing before the HPC. The Department shall mail the Department's written decision on an Administrative Certificate of Appropriateness to the applicant and to any individuals or organizations who so request. Any Departmental decision on an Administrative Certificate of Appropriateness may be appealed to the HPC within 15 days of the date of the written decision. The HPC may also request review of any Departmental decision on an Administrative Certificate of Appropriateness by its own motion within 20 days of the written decision. (c) Applications for a Certificate of Appropriateness that are not Minor Alterations delegated to Department staff shall be scheduled for hearing by the HPC pursuant to Sections 1006.3 and 1006.4 below. (Amended by Ord. 222-72, App. 8/9/72; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016) AMENDMENT HISTORY Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012. Divisions (a) and (b) amended; Ord. 166-16 , Eff. 9/10/2016. SEC. 1006.3. SCHEDULING AND NOTICE OF HEARING. (a) If a public hearing before the HPC on a Certificate of Appropriateness is required, a timely appeal has been made of an Administrative Certificate of Appropriateness, or the HPC has timely requested review of an Administrative Certificate of Appropriateness, the Department shall set a time and place for said hearing within a reasonable period. Notice of the time, place and purpose of the hearing shall be provided as required by Section 333 of this Code. (Amended by Ord. 222-72, App. 8/9/72; 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, Oper. 1/1/2019) AMENDMENT HISTORY Section amended substantially in its entirety; Ord. 94-12, Eff. 6/20/2012. Division (a) amended; divisions (a)(1)-(b) deleted; Ord. 179-18, Oper. 1/1/2019. SEC. 1006.4. CONDUCT OF HEARING; DECISION. Where a public hearing before the HPC has been scheduled: (a) Report and Recommendation. The Department shall make necessary investigations and studies prior to the hearing of the HPC. The Department shall provide its report and recommendation to the HPC. (b) Record. A record shall be kept of the pertinent information presented at the hearing, and such record shall be maintained as a part of the permanent public records of the Department. A verbatim record may be made if permitted or ordered by the HPC. (c) Continuations. The HPC shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is announced at the scheduled hearing. (d) Decision. The HPC shall approve, disapprove, or approve with modifications Certificates of Appropriateness for work to designated landmarks or within historic districts, except where it delegates such decisions to Departmental staff under the provisions of Section 1006.2 above. The decision of the HPC shall be rendered within 30 days from the date of conclusion of the hearing; failure of the HPC to act within the prescribed time shall be deemed to constitute disapproval of the application. The decision of the HPC shall be final except upon the filing of a valid appeal to the Board of Appeals or Board of Supervisors as provided in Section 1006.7. If the HPC, or the Board of Appeals or Board of Supervisors on appeal, approves the application, the Department shall issue a Certificate of Appropriateness to the applicant. (e) Time Limit for Exercise. When approving an application for a Certificate of Appropriateness as provided herein, the HPC may impose a time limit for submission of a permit application conforming to the Certificate; otherwise, such permit application must be submitted within a reasonable time. (f) Delegation of Hearing. The HPC may delegate to a committee of one or more of its members, or to the Director of Planning or his or her designee, or to any combination of the foregoing, the holding of the hearing required by this Article 10 for a Certificate of Appropriateness. The delegate or delegates shall submit to the HPC a record of the hearing, together with a report of findings and recommendations relative thereto, for the consideration of the HPC in reaching its decision in the case. (g) Reconsideration. Whenever an application has been disapproved by the HPC, or by the Board of Appeals or Board of Supervisors on appeal as described in Section 1006.7, no application, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the HPC within a period of one year from the effective date of final action upon the earlier application. (Formerly codified as Sec. 1006.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1006.4 amended by Ord. 222-72, App. 8/9/72; deleted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1006.5 redesignated as current Sec. 1006.4; undesignated introductory paragraph and divisions (a) through (g) amended; Ord. 94-12, Eff. 6/20/2012. SEC. 1006.5. NATURE OF HISTORIC PRESERVATION COMMISSION DECISION. The decision of the HPC after its public hearing shall be in accordance with the following provisions: (a) If the application for a Certificate of Appropriateness proposes construction or alteration of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, or exterior changes in a historic district visible from a public street or other public place, the HPC shall approve, disapprove, or modify the application in whole or in part. (b) If the application proposes removal or demolition of a structure on a designated landmark site, the HPC may disapprove or approve the application, or may suspend action on it for a period not to exceed 180 days; provided that the Board of Supervisors by resolution may, for good cause shown, extend the suspension for an additional period not to exceed 180 days, if the said Board acts not more than 90 days and not less than 30 days prior to the expiration of the original 180-day period. (c) If the application proposes removal or demolition of a structure in a designated historic district, other than on a designated landmark site, the HPC may disapprove or approve the application, or may suspend action on it for a period not to exceed 90 days, subject to extension by the Board of Supervisors as provided in the preceding subsection; provided, however, that the designating ordinance for the historic district may authorize the suspension of action for an alternate period which shall in no event exceed 90 days, without extension, and in such event the provision of the designating ordinance shall govern. (d) In the event action on an application to remove or demolish a structure is suspended as provided in this Section, the HPC may take such steps as it determines are necessary to preserve the structure concerned, in accordance with the purposes of this Article 10. Such steps may include, but shall not be limited to, consultations with civic groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features. (Formerly codified as Sec. 1006.6; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1006.5 amended by Ord. 222-72, App. 8/9/72; redesignated as Sec. 1006.4 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1006.6 redesignated as current Sec. 1006.5; undesignated introductory paragraph and divisions (a) through (d) amended; Ord. 94-12, Eff. 6/20/2012.