1107

SEC. 1107. PROCEDURES FOR DESIGNATION OF ADDITIONAL CONSERVATION DISTRICTS OR BOUNDARY CHANGE OF CONSERVATION DISTRICTS. A Conservation District may be designated or its boundary changed through amendment of Section 1103.1 of this Article 11. The HPC may recommend approval, disapproval, or modification of Conservation District designations or boundary changes to the Board of Supervisors. Such designation or boundary change shall be governed by the following provisions in lieu of the provisions of Section 302. (a) Initiation of Designation or Boundary Change. The designation of an area of the C-3 District as a Conservation District or the change of District boundaries may be initiated by motion of the Board of Supervisors, by resolution of the HPC, upon the verified application of the owners or other authorized agents of greater than 25 percent of the structures in the area proposed for designation (or, as to an alteration, 25 percent of the structures of the proposed new district unless it would be an area smaller than the existing district, in which case it shall be 25 percent of the structures of the existing district), upon the verified application of any organization or group that has historic preservation stated as one of its goals in its bylaws or articles of incorporation, or upon the verified application of at least 150 registered voters of the City. Except in case of an initiation by governmental bodies, any such application shall contain historic, architectural, and/or cultural documentation to support the designation or boundary change as well as any additional information that may be required by the application procedures and policies established by the HPC. (b) Notice; Referral to the Historic Preservation Commission; Review by the Planning Department. If a proposed Conservation District designation or boundary change is initiated by the Board of Supervisors, the Clerk of the Board shall refer the matter to the HPC for its review and recommendation. Upon determination by the Planning Department that a verified application is complete and contains all necessary information or upon receipt of a motion or resolution by the Board of Supervisors or the HPC initiating designation or a change in designation, the Department shall (1) promptly schedule a hearing before the HPC on the proposed district or boundary change; and

(2) send notice of the HPC hearing by mail no less than 20 days prior to the date of the hearing to the initiators of the designation or boundary change, to the owners of all lots within the proposed new district or the district being modified, and to any interested parties who make a request in writing to the Department. (c) Action by the HPC. The proposed designation or boundary change shall be placed on the agenda of the HPC for public hearing. If the HPC approves or modifies the proposed designation or boundary change in whole or in part, the Department shall transmit the HPC's recommendation together with a copy of the HPC's resolution and with any comments of the Planning Commission, as set forth in subsection (d) below, to the Clerk of the Board of Supervisors. (d) Review by the Planning Commission. Following action by the HPC, the Department shall promptly refer the HPC's recommendation on the proposed Conservation District designation or boundary change to the Planning Commission, which shall have 45 days to review and comment on the proposed designation or boundary change. The Planning Commission's comments, if any, shall be forwarded to the Board of Supervisors together with the HPC's recommendation. Notice of the Planning Commission hearing shall be given as provided in Section 1107(b) of this Article. The Planning Commission's comments shall be transmitted to the Board of Supervisors as a resolution and shall (1) address the consistency of the proposed boundary change 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; (2) identify any amendments to the General Plan necessary to facilitate adoption of the proposed boundary change; and (3) evaluate whether the proposed boundary change would conflict with the Sustainable Communities Strategy for the Bay Area. (e) Designation by Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any proposal so transmitted to it. The Board of Supervisors may approve, modify and approve, or disapprove the designation or boundary change by a majority vote of all its members. Prior to the Board of Supervisors' vote on a proposed boundary change, 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 area covered by the proposed boundary change to express their opinion on the proposed boundary change. Such invitation shall advise owners of the practical consequences of the adoption of the proposed boundary change, including the availability of preservation incentives, the types of work requiring a Permit to Alter, the process and fees for obtaining a Permit to Alter, and the types of work that is generally ineligible to receive a Permit to Alter. (f) Appeal to Board of Supervisors. If the HPC disapproves the proposed designation or boundary change, such action shall be final except upon the filing of a notice of appeal to the Board of Supervisors within 30 days by the applicant or any of the persons, organizations, or groups listed in Section 1107(a); provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the Board shall be notified immediately of the disapproval without the necessity for an appeal. (g) Hearing and Decision by the Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any such proposal appealed to it or initiated by it. The Board of Supervisors may uphold the HPC, overrule the HPC and approve, or modify and approve, the designation or boundary change by a majority vote of all its members. (h) Notice of Board of Supervisors Proceedings. Notice of the hearing scheduled pursuant to this Section shall be given by mail no less than 20 days prior to the date of the hearing to: the applicants for the designation or alteration, if any; the owners of all lots within the proposed new district or the district being altered; appellants, if any; and to interested individuals or organizations who request such notice in writing to the Planning Department. (i) Standards Applicable to Designation or Boundary Change. The standards governing the designation and change of District boundaries are those set forth in Section 1103. Areas may be removed from Conservation Districts if the character of the area has changed such that the area no longer qualifies under the standards set forth in Section 1103. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Undesignated introductory paragraph and divisions (a), (b), and (c) amended; new division (d) added and former divisions (d) through (h) redesignated as divisions (e) through (i) accordingly; divisions (e), (f), (g), and (h) amended; Ord. 95-12, Eff. 6/20/2012. SEC. 1108. NOTICE OF DESIGNATION. When a building has been designated Significant or Contributory or its designation is changed pursuant to Section 1106, or when a new Conservation District is established or the boundary of a Conservation District changed pursuant to Section 1107, the Planning Department shall notify each affected property owner by mail and shall cause a copy of the ordinance, or notice thereof, to be recorded with the County Recorder. The Planning Department shall file in its permanent records any new designation or change in designation of a Significant or Contributory Building or a new Conservation District or change of Conservation District boundary and shall notify the Central Permit Bureau pursuant to Section 1117 of this Article. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Section amended; Ord. 95-12, Eff. 6/20/2012. SEC. 1109. PRESERVATION LOTS: ELIGIBILITY FOR TRANSFER OF DEVELOPMENT RIGHTS. Lots on which are located Significant or Contributory Buildings or Category V Buildings in those certain Conservation Districts and portions thereof as indicated in Section 8 of the Appendix relating to that District are eligible preservation lots as provided in Section 128 of this Code for the purposes of Transferable Development Rights ("TDR"), as provided in this Section: (a) Significant Buildings. Lots on which are located buildings designated as Significant Buildings - Category I or Category II - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Lots on which are located Significant Buildings which have been altered in conformance with the provisions of this Article retain eligibility for the transfer of TDR. (b) Contributory Buildings. Lots on which are located buildings designated as Contributory Buildings - Category III or Category IV - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Alteration or demolition of such a building in violation of Section 1110, or alterations or demolitions made without a permit issued pursuant to Sections 1111 through 1111.7, eliminates eligibility for the transfer of TDR; provided, however, that such eligibility may nonetheless be retained or acquired again if, pursuant to Section 1116(b), the property owner demonstrates as to any alteration that it was a Minor Alteration as defined in this Article and has applied for a Permit for Minor Alteration pursuant to Section 1111.1; or that the property owner has obtained a Permit to Alter to restore the original distinguishing qualities and character-defining features that were altered. Once any TDR have been transferred from a Contributory Building, the building is subject to the same restrictions on demolition and alteration as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building. (c) Category V Buildings in Conservation Districts. Where explicitly permitted in Section 8 of the Appendix establishing a Conservation District, lots located in such a District on which are located Category V Buildings (designated as neither Significant nor Contributory) are eligible to transfer the difference between the allowable gross floor area permitted on the lot under Section 124 of the Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met; provided, however, that a lot is eligible as a Preservation Lot pursuant to this Section only if: (1) the exterior of the building is substantially altered so as to make it compatible with the scale and character of the Significant and Contributory Buildings in the district, including those features described in Sections 6 and 7 of the Appendix to Article 11 describing the relevant district, and has thus been determined by the HPC to be a Compatible Rehabilitation, and the building meets or has been reinforced to meet the standards for seismic loads and forces of the Building Code ; or (2) the building on the lot is new, having replaced a Category V Building, and has received approval by the HPC as a Compatible Replacement Building, pursuant to Section 1113. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Undesignated introductory paragraph and divisions (b) and (c) amended; Ord. 95-12, Eff. 6/20/2012.