1011

SEC. 1011. RECOGNITION OF STRUCTURES OF MERIT. (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. SEC. 1012. REFERRAL OF CERTAIN MATTERS. 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) SEC. 1013. ENFORCEMENT AND PENALTIES. Enforcement and Penalties shall be as provided in Sections 176 and 176.1 of this Code. (Added Ord. 27-67, App. 1/26/67; amended by Ord. 57-08, File No. 071651, App. 4/10/2008; reenacted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) SEC. 1014. APPLICABILITY. (a) No application for a permit to construct, alter or demolish any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the day that a resolution adopted to initiate designation or a resolution adopted to confirm initiation of designation of the proposed landmark site or historic district, shall be approved by the Department while proceedings are pending on such designation for 180 days after a resolution is passed initiating designation or confirming nomination of designation. The HPC or the Board of Supervisors may approve by resolution a one-time extension of up to 90 days of the above time period. The Board of Supervisors may approve by resolution one further extension of up to 90 days. If final action on such designation has not been completed before the end of the relevant time period, the permit application may be approved. Notwithstanding the above, the Department may approve a permit to construct, alter or demolish a structure or other feature on a proposed landmark site or in a proposed historic district while proceedings are pending on a proposed designation if the property owner or authorized agent of the property owner applies for and is granted approval of a Certificate of Appropriateness for such work pursuant to the requirements of this Article 10. (b) The provisions of this Article 10 shall be inapplicable to the construction, alteration or demolition of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was issued prior to the effective date of the designation of the said landmark site or historic district, and where such permit has not expired or been cancelled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the Building Code. (Added 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 Division (a) amended; Ord. 94-12, Eff. 6/20/2012. SEC. 1015. SEVERABILITY. If any Section, Subsection, Subdivision, Paragraph, sentence, clause or phrase of this Article 10 or any part thereof, is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Article 10 or any part thereof. The Board of Supervisors hereby declares that it would have passed each Section, Subsection, Subdivision, Paragraph, sentence, clause or phrase thereof, and any amendments thereto, irrespective of the fact that any one or more Sections, Subsections, Subdivisions, Paragraphs, sentences, clauses or phrases be declared unconstitutional. (Added 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. APPENDICES TO ARTICLE 10 Appendix A List of Designated Landmarks. Appendix B Jackson Square Historic District. Appendix C Webster Street Historic District. Appendix D Northeast Waterfront Historic District. Appendix E Alamo Square Historic District. Appendix F Liberty-Hill Historic District.