ARTICLE 10: PRESERVATION OF HISTORICAL ARCHITECTURAL AND AESTHETIC LANDMARKS

SF Planning Code § 1001 PURPOSES

SEC. 1001. PURPOSES.

It is hereby found that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the prevention of such needless destruction and impairment is essential to the health, safety and general welfare of the public. The purpose of this legislation is to promote the health, safety and general welfare of the public through: (a) The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, State or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived; (b) The development and maintenance of appropriate settings and environment for such structures, and in such sites and areas; (c) The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest; (d) The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history: cultural, social, economic, political and architectural and (e) The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs, by fostering knowledge of the living heritage of the past. (Added by Ord. 27-67, App. 1/26/67; reenacted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1002. POWERS AND DUTIES OF PLANNING DEPARTMENT AND HISTORIC PRESERVATION

COMMISSION. The Planning Department and the Historic Preservation Commission ("HPC") shall have and exercise the powers and shall perform the duties set forth in this Section and elsewhere in this Article 10 with respect to historical preservation. (a) The HPC: (1) Shall recommend to the Board of Supervisors, after public hearing, on the designation of landmarks and historic districts, as more fully set forth below in this Article 10; (2) Shall review and decide on applications for construction, alteration, demolition and other applications pertaining to landmark sites and historic districts, as more fully set forth below in this Article 10; (3) May take steps to encourage or bring about preservation of structures or other features where the HPC has decided to suspend action on an application, as more fully set forth in Section 1006.6 below; (4) May establish and maintain a list of structures and other features deemed deserving of official recognition although not designated as landmarks or historic districts, and take appropriate measures of recognition, as more fully set forth in Section 1011 below; (5) Shall have the authority to review and comment upon environmental documents under the California Environmental Quality Act and the National Environmental Policy Act for proposed projects that may have an impact on historic or cultural resources; (6) Shall act as the City's local historic preservation review commission for the purposes of the Certified Local Government Program, may recommend properties for inclusion in the National Register of Historic Places, and may review and comment on federal undertakings where authorized under the National Historic Preservation Act; (7) Shall review and comment upon any agreements proposed under the National Historic Preservation Act where the City is a signatory prior to any approval action on such agreement; (8) Shall have the authority to oversee and direct the survey and inventory of historic properties; (9) Shall review and provide written reports to the Planning Commission and Board of Supervisors on ordinances and resolutions concerning historic preservation issues and historic resources, redevelopment project plans, waterfront land use and project plans, and such other matters as may be prescribed by ordinance; (10) Shall have the authority to recommend approval, disapproval, or modification of historical property contracts pursuant to the state Mills Act to the Board of Supervisors, without referral or recommendation of the Planning Commission; and (11) Shall recommend to the Planning Commission a Preservation Element of the General Plan, shall periodically recommend to the Planning Commission proposed amendments to such Preservation Element of the General Plan, and shall comment and provide recommendations to the Planning Commission and the Board of Supervisors on other objectives, policies and provisions of the General Plan and special area, neighborhood, and other plans designed to carry out the General Plan, and proposed amendments thereto, that are not contained within such Preservation Element but concern historic preservation. (b) The Department and the HPC: (1) May carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation; (2) May consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historical preservation; (3) May inspect and investigate structures, sites and areas which they have reason to believe worthy of preservation; (4) May disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and may encourage and advise property owners in the protection, enhancement, perpetuation and use of landmarks, property in historic districts, and other officially recognized property of historical interest; (5) May consider methods other than those provided for in this Article 10 for encouraging and achieving historical preservation, and make appropriate recommendations to the Board of Supervisors and to other bodies and agencies, both public and private; and (6) May establish such policies, rules and regulations as they deem necessary to administer and enforce this Article 10 and Charter Section 4.135 establishing the HPC. (Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Section header amended; section amended substantially in its entirety; Ord. 94-12, Eff. 6/20/2012.

SEC. 1003. HISTORIC PRESERVATION COMMISSION.

In November of 2008, the electorate approved Charter Section 4.135, creating the HPC to advise the City on historic preservation matters, participate in processes involving historic and cultural resources, and take such other actions concerning historic preservation as may be prescribed by this Code and other ordinances. Charter Section 4.135 sets forth the requirements for membership to the HPC, as well as applicable nomination procedures and term limits for Commissioners. Additionally, Charter Section 4.135 establishes staffing for the HPC and sets forth the HPC's role in the Planning Department's budget process and establishment of rates, fees, and similar charges. Additional requirements, including those related to the establishment of rules and regulations for the HPC's organization and procedure, are set forth in Charter Sections 4.100 through 4.104. (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 Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004. DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS.

(a) The HPC shall have the authority to recommend approval, disapproval, or modification of landmark designations and historic district designations under this Code to the Board of Supervisors. Pursuant to the procedures set forth hereinafter:

SF Planning Code § 1002 POWERS AND DUTIES OF PLANNING DEPARTMENT AND HISTORIC PRESERVATION

SEC. 1002. POWERS AND DUTIES OF PLANNING DEPARTMENT AND HISTORIC PRESERVATION

COMMISSION. The Planning Department and the Historic Preservation Commission ("HPC") shall have and exercise the powers and shall perform the duties set forth in this Section and elsewhere in this Article 10 with respect to historical preservation. (a) The HPC: (1) Shall recommend to the Board of Supervisors, after public hearing, on the designation of landmarks and historic districts, as more fully set forth below in this Article 10; (2) Shall review and decide on applications for construction, alteration, demolition and other applications pertaining to landmark sites and historic districts, as more fully set forth below in this Article 10; (3) May take steps to encourage or bring about preservation of structures or other features where the HPC has decided to suspend action on an application, as more fully set forth in Section 1006.6 below; (4) May establish and maintain a list of structures and other features deemed deserving of official recognition although not designated as landmarks or historic districts, and take appropriate measures of recognition, as more fully set forth in Section 1011 below; (5) Shall have the authority to review and comment upon environmental documents under the California Environmental Quality Act and the National Environmental Policy Act for proposed projects that may have an impact on historic or cultural resources; (6) Shall act as the City's local historic preservation review commission for the purposes of the Certified Local Government Program, may recommend properties for inclusion in the National Register of Historic Places, and may review and comment on federal undertakings where authorized under the National Historic Preservation Act; (7) Shall review and comment upon any agreements proposed under the National Historic Preservation Act where the City is a signatory prior to any approval action on such agreement; (8) Shall have the authority to oversee and direct the survey and inventory of historic properties; (9) Shall review and provide written reports to the Planning Commission and Board of Supervisors on ordinances and resolutions concerning historic preservation issues and historic resources, redevelopment project plans, waterfront land use and project plans, and such other matters as may be prescribed by ordinance; (10) Shall have the authority to recommend approval, disapproval, or modification of historical property contracts pursuant to the state Mills Act to the Board of Supervisors, without referral or recommendation of the Planning Commission; and (11) Shall recommend to the Planning Commission a Preservation Element of the General Plan, shall periodically recommend to the Planning Commission proposed amendments to such Preservation Element of the General Plan, and shall comment and provide recommendations to the Planning Commission and the Board of Supervisors on other objectives, policies and provisions of the General Plan and special area, neighborhood, and other plans designed to carry out the General Plan, and proposed amendments thereto, that are not contained within such Preservation Element but concern historic preservation. (b) The Department and the HPC: (1) May carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation; (2) May consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historical preservation; (3) May inspect and investigate structures, sites and areas which they have reason to believe worthy of preservation; (4) May disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and may encourage and advise property owners in the protection, enhancement, perpetuation and use of landmarks, property in historic districts, and other officially recognized property of historical interest; (5) May consider methods other than those provided for in this Article 10 for encouraging and achieving historical preservation, and make appropriate recommendations to the Board of Supervisors and to other bodies and agencies, both public and private; and (6) May establish such policies, rules and regulations as they deem necessary to administer and enforce this Article 10 and Charter Section 4.135 establishing the HPC. (Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Section header amended; section amended substantially in its entirety; Ord. 94-12, Eff. 6/20/2012.

SEC. 1003. HISTORIC PRESERVATION COMMISSION.

In November of 2008, the electorate approved Charter Section 4.135, creating the HPC to advise the City on historic preservation matters, participate in processes involving historic and cultural resources, and take such other actions concerning historic preservation as may be prescribed by this Code and other ordinances. Charter Section 4.135 sets forth the requirements for membership to the HPC, as well as applicable nomination procedures and term limits for Commissioners. Additionally, Charter Section 4.135 establishes staffing for the HPC and sets forth the HPC's role in the Planning Department's budget process and establishment of rates, fees, and similar charges. Additional requirements, including those related to the establishment of rules and regulations for the HPC's organization and procedure, are set forth in Charter Sections 4.100 through 4.104. (Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App

SF Planning Code § 1003 HISTORIC PRESERVATION COMMISSION

SEC. 1003. HISTORIC PRESERVATION COMMISSION.

In November of 2008, the electorate approved Charter Section 4.135, creating the HPC to advise the City on historic preservation matters, participate in processes involving historic and cultural resources, and take such other actions concerning historic preservation as may be prescribed by this Code and other ordinances. Charter Section 4.135 sets forth the requirements for membership to the HPC, as well as applicable nomination procedures and term limits for Commissioners. Additionally, Charter Section 4.135 establishes staffing for the HPC and sets forth the HPC's role in the Planning Department's budget process and establishment of rates, fees, and similar charges. Additional requirements, including those related to the establishment of rules and regulations for the HPC's organization and procedure, are set forth in Charter Sections 4.100 through 4.104. (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 Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004. DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS.

(a) The HPC shall have the authority to recommend approval, disapproval, or modification of landmark designations and historic district designations under this Code to the Board of Supervisors. Pursuant to the procedures set forth hereinafter:

SF Planning Code § 1004 DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS

SEC. 1004. DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS.

(a) The HPC shall have the authority to recommend approval, disapproval, or modification of landmark designations and historic district designations under this Code to the Board of Supervisors. Pursuant to the procedures set forth hereinafter: (1) The Board of Supervisors may, by ordinance, designate an individual structure or other feature or an integrated group of structures and features on a single lot or site, having a special character or special historical, architectural or aesthetic interest or value, as a landmark, and shall designate a landmark site for each landmark; and (2) The Board of Supervisors may, by ordinance, designate an area containing a number of structures having a special character or special historical, architectural or aesthetic interest or value, and constituting a distinct section of the City, as a historic district. (b) Each such designating ordinance shall include, or shall incorporate by reference to the pertinent resolution of the HPC then on file with the Clerk of the Board of Supervisors, as though fully set forth in such designating ordinance, the location and boundaries of the landmark site or historic district, a description of the characteristics of the landmark or historic district that justify its designation, and a description of the particular features that should be preserved. Any such designation shall be in furtherance of and in conformance with the purposes of this Article 10 and the standards set forth herein. (c) The property included in any such designation shall upon designation be subject to the controls and standards set forth in this Article 10. In addition, the said property shall be subject to the following further controls and standards if imposed by the designating ordinance: (1) For a publicly-owned landmark, review of proposed changes to significant interior architectural features. (2) For a privately-owned landmark, review of proposed changes requiring a permit to significant interior architectural features in those areas of the landmark that are or historically have been accessible to members of the public. The designating ordinance must clearly describe each significant interior architectural feature subject to this restriction. (3) For a historic district, such further controls and standards as deemed necessary or desirable, including but not limited to facade, setback and height controls. (4) For a City-owned park, square, plaza or garden on a landmark site, review of alterations as identified in the designating ordinance. (d) Except as provided in Planning Code Section 249.11, the Board of Supervisors may amend or rescind a designation at any time, subject to all of the procedures set forth in this Article 10 for an original designation; provided, however, that in the event that a landmark is accidentally destroyed or is demolished or removed in conformity with the provisions of Section 1007, or is legally demolished or relocated after compliance with the provisions of this Article 10, the Planning Director may request the HPC to recommend to the Board of Supervisors that the designation be amended or rescinded, and in such case the procedures for an original designation set forth in Sections 1004.1 and 1004.2 hereof shall not apply. (Amended by Ord. 112-71, App. 5/7/71; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 82-07, File No. 070021, App. 4/20/2007; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 197-25, File No. 250697, App. 10/27/2025, Eff. 11/27/2025, Oper. 11/27/25) AMENDMENT HISTORY Divisions (a), (b), (c)(3), and (d) amended; Ord. 94-12, Eff. 6/20/2012. Division (d) amended; Ord. 197-25, Eff. 11/27/2025.

SEC. 1004.1. NOMINATION AND INITIATION OF LANDMARK AND HISTORIC DISTRICT DESIGNATION.

(a) Nomination. The Department, property owner(s), or any member of the public may request that the HPC initiate designation of a landmark site or historic district. When a nomination is submitted by the owner(s) of a proposed landmark site or a majority of property owners of a proposed historic district, the nomination must be considered by the HPC. A nomination for initiation shall be in the form prescribed by the HPC and shall contain supporting historic, architectural, and/or cultural documentation, as well as any additional information the HPC may require. The HPC shall hold a hearing to consider nominations made by property owner(s) as set forth above no later than 45 days from the receipt of the nomination request. (b) Initiation. Initiation of designation of a landmark site or historic district shall be made by one of the following methods: (1) by resolution of the Board of Supervisors; (2) by resolution of the HPC; or (3) upon adoption of a resolution by the HPC to confirm a nomination made pursuant to subsection (a) above, provided that the HPC may disapprove the nomination or may request further information and continue the matter as appropriate. The Board of Supervisors and the HPC shall make findings in support of any initiation of designation of a landmark site or historic district. The Board of Supervisors shall promptly refer any initiation of designation to the HPC for its review and recommendation. (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 Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.

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.

SF Planning Code § 1004.1 NOMINATION AND INITIATION OF LANDMARK AND HISTORIC DISTRICT DESIGNATION

SEC. 1004.1. NOMINATION AND INITIATION OF LANDMARK AND HISTORIC DISTRICT DESIGNATION.

(a) Nomination. The Department, property owner(s), or any member of the public may request that the HPC initiate designation of a landmark site or historic district. When a nomination is submitted by the owner(s) of a proposed landmark site or a majority of property owners of a proposed historic district, the nomination must be considered by the HPC. A nomination for initiation shall be in the form prescribed by the HPC and shall contain supporting historic, architectural, and/or cultural documentation, as well as any additional information the HPC may require. The HPC shall hold a hearing to consider nominations made by property owner(s) as set forth above no later than 45 days from the receipt of the nomination request. (b) Initiation. Initiation of designation of a landmark site or historic district shall be made by one of the following methods: (1) by resolution of the Board of Supervisors; (2) by resolution of the HPC; or (3) upon adoption of a resolution by the HPC to confirm a nomination made pursuant to subsection (a) above, provided that the HPC may disapprove the nomination or may request further information and continue the matter as appropriate. The Board of Supervisors and the HPC shall make findings in support of any initiation of designation of a landmark site or historic district. The Board of Supervisors shall promptly refer any initiation of designation to the HPC for its review and recommendation. (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 Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.

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

SF Planning Code § 1004.2 DECISION BY THE HISTORIC PRESERVATION COMMISSION

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.

SF Planning Code § 1004.3 DESIGNATION BY BOARD OF SUPERVISORS

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. (Formerly codified as Sec. 1004.4; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.3 added by Ord. 27-67, App. 1/26/67; amended by Ord. 26-07, File No. 061068, App. 2/9/2007; redesignated as current Sec. 1004.2 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1004.4 redesignated as current Sec. 1004.3; section amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004.4. APPEAL TO BOARD OF SUPERVISORS.

If the HPC disapproves the proposed designation, such action shall be final, except upon the filing of a valid appeal to the Board of Supervisors within 30 days by a protest subscribed by the owners of at least 20 percent of the property proposed to be designated, or by any governmental body or agency, or by an organization with a recognized interest in historical preservation; provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the said Board shall be notified immediately of the disapproval without the necessity for an appeal. (a) Hearing. The Board of Supervisors shall hold a public hearing on any such proposal appealed to it or initiated by it, after due notice to the owners of the property included in the proposal and any applicant(s), and such other notice as the said Board may deem necessary. (b) Decision. The Board of Supervisors may overrule the HPC and approve, or modify and approve, the designation by a majority vote of all its members. (c) Resubmission, Reconsideration. If a proposal initiated by application has been disapproved by the HPC or by the Board of Supervisors, no subsequent application that is the same or substantially the same may be submitted or reconsidered for at least one year from the effective date of final action of the original proposal. (Formerly codified as Sec. 1004.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.4 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.3 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1004.5 redesignated as current Sec. 1004.4; undesignated introductory paragraph and divisions (a), (b), and (c) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004.5. NOTICE OF DESIGNATION BY BOARD OF SUPERVISORS.

When a landmark or historic district has been designated by the Board of Supervisors as provided above, the Department shall promptly notify the owners of the property included therein. The Department shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder. (Formerly codified as Sec. 1004.6; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.5 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.4 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1004.6. NOTICE OF AMENDMENT OR RESCISSION OF DESIGNATION.

When a landmark or historic district designation has been amended or rescinded, the Department shall promptly notify the owners of the property included therein, and shall cause a copy of the appropriate ordinance, or notice thereof, to be recorded in the office of the County Recorder. (Formerly codified as Sec. 1004.7; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.6 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.5 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1004.7. RESERVED.

(Added by Ord. 112-71, App. 5/7/71; redesignated as Sec. 1004.6 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1005. CONFORMITY AND PERMITS.

(a) No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work. (b) (1) Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10. (2) The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with. (c) Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages. (2) The addition of a mural to any landmark or contributory structure in a historic district shall require compliance with the provisions of this Article 10, regardless of whether or not a City permit is required for the mural. (3) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies such alterations, shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required. (d) The Department shall maintain with the Central Permit Bureau a current record of designated landmarks and historic districts. Upon receipt of any application for a permit to carry out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, on a landmark site or in a historic district, the Central Permit Bureau shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 1007 of this Article 10, promptly forward such permit application to the Department. (e) After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10: (1) When the application is for a permit to construct on a landmark site where the landmark has been lawfully demolished and the site is not within a designated historic district; (2) When the application is for a permit to make interior alterations only on a privately-owned structure or on a publicly-owned structure, unless the designating ordinance requires review of such alterations to the privately- or publicly-owned structure pursuant to Section 1004(c) hereof. Notwithstanding the foregoing, if any proposed interior alteration requiring a permit would result in any significant visual or material impact to the exterior of the subject building, a Certificate of Appropriateness shall be required to address such exterior effects; (3) When the application is for a permit to do ordinary maintenance and repairs only. For the purpose of this Article 10, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster; (4) When the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, unless such streets and sidewalks have been explicitly called out in a landmark’s or district’s designating ordinance as character defining features of the landmark or district; (5) When the application is for a permit to alter a landing or install a power-assist operator to provide an accessible entrance to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6;

SF Planning Code § 1004.4 APPEAL TO BOARD OF SUPERVISORS

SEC. 1004.4. APPEAL TO BOARD OF SUPERVISORS.

If the HPC disapproves the proposed designation, such action shall be final, except upon the filing of a valid appeal to the Board of Supervisors within 30 days by a protest subscribed by the owners of at least 20 percent of the property proposed to be designated, or by any governmental body or agency, or by an organization with a recognized interest in historical preservation; provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the said Board shall be notified immediately of the disapproval without the necessity for an appeal. (a) Hearing. The Board of Supervisors shall hold a public hearing on any such proposal appealed to it or initiated by it, after due notice to the owners of the property included in the proposal and any applicant(s), and such other notice as the said Board may deem necessary. (b) Decision. The Board of Supervisors may overrule the HPC and approve, or modify and approve, the designation by a majority vote of all its members. (c) Resubmission, Reconsideration. If a proposal initiated by application has been disapproved by the HPC or by the Board of Supervisors, no subsequent application that is the same or substantially the same may be submitted or reconsidered for at least one year from the effective date of final action of the original proposal. (Formerly codified as Sec. 1004.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.4 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.3 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1004.5 redesignated as current Sec. 1004.4; undesignated introductory paragraph and divisions (a), (b), and (c) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004.5. NOTICE OF DESIGNATION BY BOARD OF SUPERVISORS.

When a landmark or historic district has been designated by the Board of Supervisors as provided above, the Department shall promptly notify the owners of the property included therein. The Department shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder. (Formerly codified as Sec. 1004.6; redesignated by Ord. 94-12, File No. 120300,

SF Planning Code § 1004.5 NOTICE OF DESIGNATION BY BOARD OF SUPERVISORS

SEC. 1004.5. NOTICE OF DESIGNATION BY BOARD OF SUPERVISORS.

When a landmark or historic district has been designated by the Board of Supervisors as provided above, the Department shall promptly notify the owners of the property included therein. The Department shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder. (Formerly codified as Sec. 1004.6; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.5 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.4 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1004.6. NOTICE OF AMENDMENT OR RESCISSION OF DESIGNATION.

When a landmark or historic district designation has been amended or rescinded, the Department shall promptly notify the owners of the property included therein, and shall cause a copy of the appropriate ordinance, or notice thereof, to be recorded in the office of the County Recorder. (Formerly codified as Sec. 1004.7; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.6 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.5 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1004.7. RESERVED.

(Added by Ord. 112-71, App. 5/7/71; redesignated as Sec. 1004.6 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1005. CONFORMITY AND PERMITS.

(a) No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work. (b) (1) Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10. (2) The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with. (c) Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes

SF Planning Code § 1004.6 NOTICE OF AMENDMENT OR RESCISSION OF DESIGNATION

SEC. 1004.6. NOTICE OF AMENDMENT OR RESCISSION OF DESIGNATION.

When a landmark or historic district designation has been amended or rescinded, the Department shall promptly notify the owners of the property included therein, and shall cause a copy of the appropriate ordinance, or notice thereof, to be recorded in the office of the County Recorder. (Formerly codified as Sec. 1004.7; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.6 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.5 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1004.7. RESERVED.

(Added by Ord. 112-71, App. 5/7/71; redesignated as Sec. 1004.6 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1005. CONFORMITY AND PERMITS.

(a) No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work. (b) (1) Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10. (2) The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with. (c) Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages. (2) The addition of a mural to any landmark or contributory structure in a historic district shall require compliance with the provisions of this Article 10, regardless of whether or not a City permit is required for the mural. (3) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies such alterations, shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required. (d) The Department shall maintain with the Central Permit Bureau a current record of designated landmarks and historic districts. Upon receipt of any application for a permit to carry out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, on a landmark site or in a historic district, the Central Permit Bureau shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 1007 of this Article 10, promptly forward such permit applic

SF Planning Code § 1004.7 RESERVED

SEC. 1004.7. RESERVED.

(Added by Ord. 112-71, App. 5/7/71; redesignated as Sec. 1004.6 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1005. CONFORMITY AND PERMITS.

(a) No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work. (b) (1) Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10. (2) The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with. (c) Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages. (2) The addition of a mural to any landmark or contributory structure in a historic district shall require compliance with the provisions of this Article 10, regardless of whether or not a City permit is required for the mural. (3) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies such alterations, shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required. (d) The Department shall maintain with the Central Permit Bureau a current record of designated landmarks and historic districts. Upon receipt of any application for a permit to carry out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, on a landmark site or in a historic district, the Central Permit Bureau shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 1007 of this Article 10, promptly forward such permit application to the Department. (e) After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department un

SF Planning Code § 1005 CONFORMITY AND PERMITS

SEC. 1005. CONFORMITY AND PERMITS.

(a) No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work. (b) (1) Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10. (2) The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with. (c) Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages. (2) The addition of a mural to any landmark or contributory structure in a historic district shall require compliance with the provisions of this Article 10, regardless of whether or not a City permit is required for the mural. (3) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies such alterations, shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required. (d) The Department shall maintain with the Central Permit Bureau a current record of designated landmarks and historic districts. Upon receipt of any application for a permit to carry out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, on a landmark site or in a historic district, the Central Permit Bureau shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 1007 of this Article 10, promptly forward such permit application to the Department. (e) After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10: (1) When the application is for a permit to construct on a landmark site where the landmark has been lawfully demolished and the site is not within a designated historic district; (2) When the application is for a permit to make interior alterations only on a privately-owned structure or on a publicly-owned structure, unless the designating ordinance requires review of such alterations to the privately- or publicly-owned structure pursuant to Section 1004(c) hereof. Notwithstanding the foregoing, if any proposed interior alteration requiring a permit would result in any significant visual or material impact to the exterior of the subject building, a Certificate of Appropriateness shall be required to address such exterior effects; (3) When the application is for a permit to do ordinary maintenance and repairs only. For the purpose of this Article 10, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster; (4) When the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, unless such streets and sidewalks have been explicitly called out in a landmark’s or district’s designating ordinance as character defining features of the landmark or district; (5) When the application is for a permit to alter a landing or install a power-assist operator to provide an accessible entrance to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6; (6) When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a landmark or district, provided that signage, awnings, and transparency conform to the requirements outlined in Section 1006.6; (7) When the application is for a permit to install non-visible rooftop appurtenances to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6; or (8) When the application is for a permit to install non-visible, low-profile skylights, provided that the improvements conform to the requirements outlined in Section 1006.6; or (9) When the application is for a permit to install a City-sponsored Landmark plaque to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6 of this Code; or (10) When the application is for a permit to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, provided that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to the requirements of Section 207.2 of this Code. (f) For purposes of this Article 10, demolition shall be defined as any one of the following: (1) Removal of more than 25 percent of the surface of all external walls facing a public street(s); or (2) Removal of more than 50 percent of all external walls from their function as all external walls; or (3) Removal of more than 25 percent of external walls from function as either external or internal walls; or (4) Removal of more than 75 percent of the building's existing internal structural framework or floor plates unless the City determines that such removal is the only feasible means to meet the standards for seismic load and forces of the latest adopted version of the San Francisco Building Code and the State Historical Building Code. (g) The following procedures shall govern review of the addition of murals to any landmark or contributory structure in a historic district: (1) Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property owned by the City, no Certificate of Appropriateness shall be required. On such structures, the Art Commission shall not approve the mural until the HPC has provided advice to the Art Commission on the impact of the mural on the historical structure. The HPC shall provide advice to the Art Commission within 45 days of receipt of a written request for advice and information regarding the placement, size and location of the proposed mural; (2) Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property that is not owned by the City, a Certificate of Appropriateness shall be required. The HPC shall not act on the Certificate of Appropriateness until the Art Commission has provided advice to the HPC on the mural. The Art Commission shall provide advice to the HPC within 50 days of receipt of a written request for advice and information regarding the proposed mural. (Amended by Ord. 222-72, App. 8/9/72; Ord. 227-92, App. 7/14/92; Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 140-06, File 052921, App. 6/22/2006; Ord. 82-07, File No. 070021, App. 4/20/2007; 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; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024) AMENDMENT HISTORY Divisions (e), (e)(2), (e)(3), (e)(4), (g)(1), and (g)(2) amended; Ord. 94-12, Eff. 6/20/2012. Division (e) amended; divisions (e)(5)-(e)(9) added; Ord. 179-18, Eff. 8/27/2018. Division (e)(9) amended; division (e)(10) added; Ord. 53-23, Eff. 5/22/2023. Second division (e)(10)) added; Ord. 122-23 , Eff. 8/5/2023. Second division (e)(10) deleted; Ord. 159-23, Eff. 8/28/2023. Division (e)(10) amended; Ord. 62-24, Eff. 4/28/2024.

SEC. 1006. CERTIFICATE OF APPROPRIATENESS REQUIRED.

(See Interpretations related to this Section.) A Certificate of Appropriateness shall be required and shall govern review of permit applications as provided in Sections 1005(e) and 1005(g), except in the specific cases set forth in Section 1005(e), for the following types of work affecting the character-defining features as listed pursuant to Section 1004(b) of the Code: (1) Any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural (as set forth in Planning Code Section 1005(g), or other appendage, for which a City permit is required, on a landmark site or in a historic district; (2) Exterior changes in a historic district visible from a public street or other public place, where the designating ordinance requires approval of such changes pursuant to the provisions of this Article 10; (3) The addition of a mural to any landmark or contributory structure in a historic district, which is not owned by the City or located on property owned by the City, as set forth in Planning Code Section 1005(g), regardless of whether or not a City permit is required for the mural; or (4) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies the alterations that require approval under this Article 10. The procedures, requirements, controls and standards in Sections 1006 through 1006.8 shall apply to all applications for Certificates of Appropriateness; provided, however, that the designating ordinance for a historic district, or for a City-owned park, square, plaza or garden on a landmark site, may modify or add to these procedures, requirements, controls and standards. (Amended by Ord. 222-72, App. 8/9/72; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Undesignated introductory paragraph and undesignated concluding paragraph amended; Ord. 94-12, Eff. 6/20/2012.

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.

SF Planning Code § 1006 CERTIFICATE OF APPROPRIATENESS REQUIRED

SEC. 1006. CERTIFICATE OF APPROPRIATENESS REQUIRED.

(See Interpretations related to this Section.) A Certificate of Appropriateness shall be required and shall govern review of permit applications as provided in Sections 1005(e) and 1005(g), except in the specific cases set forth in Section 1005(e), for the following types of work affecting the character-defining features as listed pursuant to Section 1004(b) of the Code: (1) Any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural (as set forth in Planning Code Section 1005(g), or other appendage, for which a City permit is required, on a landmark site or in a historic district; (2) Exterior changes in a historic district visible from a public street or other public place, where the designating ordinance requires approval of such changes pursuant to the provisions of this Article 10; (3) The addition of a mural to any landmark or contributory structure in a historic district, which is not owned by the City or located on property owned by the City, as set forth in Planning Code Section 1005(g), regardless of whether or not a City permit is required for the mural; or (4) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies the alterations that require approval under this Article 10. The procedures, requirements, controls and standards in Sections 1006 through 1006.8 shall apply to all applications for Certificates of Appropriateness; provided, however, that the designating ordinance for a historic district, or for a City-owned park, square, plaza or garden on a landmark site, may modify or add to these procedures, requirements, controls and standards. (Amended by Ord. 222-72, App. 8/9/72; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Undesignated introductory paragraph and undesignated concluding paragraph amended; Ord. 94-12, Eff. 6/20/2012.

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.

SF Planning Code § 1006.1 APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS

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.

SF Planning Code § 1006.2 REVIEW BY PLANNING DEPARTMENT

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.

SF Planning Code § 1006.3 SCHEDULING AND NOTICE OF HEARING

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 C

SF Planning Code § 1006.4 CONDUCT OF HEARING; DECISION

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.

SF Planning Code § 1006.5 NATURE OF HISTORIC PRESERVATION COMMISSION DECISION

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.

SEC. 1006.6. STANDARDS FOR REVIEW OF APPLICATIONS.

The HPC, the Department, and, in the case of multiple approvals under Section 1006.1(f), the Planning Commission, and any other decision making body shall be guided by the standards in this Section in their review of applications for Certificates of Appropriateness for proposed work on a landmark site or in a historic district. In appraising the effects and relationships mentioned herein, the decision making body shall in all cases consider the factors of architectural style, design, arrangement, texture, materials, color, and any other pertinent factors. (a) The proposed work shall be appropriate for and consistent with the effectuation of the purposes of this Article 10. (b) The proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties for individual landmarks and contributors within historic districts, as well as any applicable guidelines, local interpretations, bulletins, or other policies. Development of local interpretations and guidelines based on the Secretary of the Interior's Standards shall be led by the Planning Department through a public participation process; such local interpretations and guidelines shall be found in conformance with the General Plan and Planning Code by the Planning Commission and shall be adopted by both the HPC and the Planning Commission. If either body fails to act on any such local interpretation or guideline within 180 days of either body's initial hearing where the matter was considered for approval, such failure to act shall constitute approval by that body. In the case of any apparent inconsistency among the requirements of this Section, compliance with the requirements of the designating ordinance shall prevail. (c) For applications pertaining to landmark sites, the proposed work shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the landmark and, where specified in the designating ordinance pursuant to Section 1004(c), its major interior architectural features. The proposed work shall not adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting, nor of the historic district in applicable cases. (d) For applications pertaining to property in historic districts, other than on a designated landmark site, any new construction, addition or exterior change shall be compatible with the character of the historic district as described in the designating ordinance; and, in any exterior change, reasonable efforts shall be made to preserve, enhance or restore, and not to damage or destroy, the exterior architectural features of the subject property which are compatible with the character of the historic district. Notwithstanding the foregoing, for any exterior change where the subject property is not already compatible with the character of the historic district, reasonable efforts shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility. Where the required compatibility exists, the application for a Certificate of Appropriateness shall be approved. (e) For applications pertaining to all property in historic districts, the proposed work shall also conform to such further standards as may be embodied in the ordinance designating the historic district. (f) For applications pertaining to the addition of murals on a landmark or contributory structure in a historic district, the HPC shall consider only the placement, size and location of the mural, to determine whether the mural covers or obscures significant architectural features of the landmark or contributory structure. For purposes of review under this Article 10, the City shall not consider the content or artistic merit of the mural. (g) For applications pertaining to property in a historic district in a RH, RM, RTO, NC or UMU district, the HPC, or the Planning Department in the scope of work has been delegated pursuant to Section 1006.2(a), shall exempt such applications from the requirements of Section 1006.6 when compliance would create a significant economic hardship for the applicant, provided that: (1) The scope of the work does not constitute a demolition pursuant to Section 1005(f); (2) The Planning Department has determined that the applicant meets the requirement for economic hardship, such that the fees have been fully or partially waived pursuant to Section 1006.1 of this Code; (3) The Zoning Administrator has determined that in all other aspects the project is in conformance with the requirements of the Planning Code; (4) The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district, while reducing costs to the applicant; and (5) The HPC, or the Planning Department if the scope of work has been delegated pursuant to Section 1006.2(a), has confirmed that all requirements listed herein have been met, and has determined pursuant to Section 1006.4 that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district. (h) For applications pertaining to residential projects within historic districts that are receiving a direct financial contribution or funding from local state or federal sources for the purpose of providing a subsidized for-sale housing unit or units to residents earning 120% and below area median income or rental housing unit or units to residents earning 100% and below area median income and where at least 80 percent of the units are so subsidized, the HPC shall exempt such applications from the requirements of Section 1006.6 provided that: (1) The scope of the work does not constitute a demolition pursuant to Section 1005(f); (2) The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district; (3) The applicant has demonstrated that the project has considered all local, state, and federal rehabilitation incentives and taken advantage of those incentives as part of the project, when possible and practical; and (4) The HPC has confirmed that all requirements listed herein have been met, and has determined, pursuant to Section 1006.4 of this Code, that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district and furthers the City's housing goals. (Formerly codified as Sec. 1006.7; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1006.6 added by Ord. 222-72, App. 8/9/72; amended by Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; redesignated as current Sec. 1006.5 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1006.7 redesignated as current Sec. 1006.6; undesignated introductory paragraph amended; new division (b) added and former divisions (b) through (d) redesignated as divisions (c) through (f) accordingly; division (f) amended; divisions (g) and (h) added; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.7. APPEALS OF A CERTIFICATE OF APPROPRIATENESS.

(a) Right of Appeal. The HPC's or the Planning Commission's decision on a Certificate of Appropriateness shall be final unless appealed to the Board of Appeals, which may modify the decision by a 4/5 vote; provided however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a conditional use authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote. Any certificate of Appropriateness so appealed shall not become effective unless and until approved by the Board of Appeals or Board of Supervisors in accordance with this Section. Nothing in this Section shall be construed to authorize the appeal of any decision under Section 1006.5 of this Article 10 to suspend action on an application. (b) Notice of Appeal. Any appeal under this Section shall be taken by filing written notice of appeal with the Board of Appeals or Clerk of the Board of Supervisors, whichever entity is appropriate under the requirements of subsection (a), within 30 days after the date of action by the HPC or Planning Commission. (c) Hearing. The Board of Supervisors, the Board of Appeals or the Clerk(s) thereof shall set a time and place for hearing such appeal, which shall be not less than 10 nor more than 30 days after such filing. The Board of Appeals or the Board of Supervisors must decide such appeal within 30 days of the time set for the hearing thereon; provided that, if the full membership of the board hearing the appeal is not present on the last day on which the appeal is set or continued for hearing within said period, the board may postpone the hearing and decision thereon until, but not later than, the full membership of the board is present; provided, further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of filing of the appeal. Failure of the Board of Appeals or the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the decision of the HPC or Planning Commission. (d) Decisions Affecting City Hall. The provisions of this Subsection shall govern decisions by the HPC on a Certificate of Appropriateness for alteration work to be done at City Hall, in lieu of any other provision set forth above. Upon the approval or disapproval by the HPC of a Certificate of Appropriateness for alteration of City Hall, the Secretary of the HPC shall transmit to the Clerk of the Board of Supervisors written notification of the HPC's decision. The Clerk shall set a time and place for hearing on the decision, which shall be not less than 10 nor more than 30 days after receipt of such notification. The Board of Supervisors may approve, disapprove, or modify the HPC's decision by majority vote. The Board of Supervisors must take this action within 30 days of the time set for the hearing thereon, provided that, if the full membership of the Board is not present on the last day on which said hearing is set or continued within said period, the Board may postpone said hearing and decision thereon until, but not later than, the full membership of the Board is present; provided further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of the receipt of written notification. Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the HPC. (Formerly codified as Sec. 1006.8; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1006.7 amended by Ord. 41-73, App. 2/1/73; Ord. 249-96, App. 6/19/96; Ord. 82-07, File No. 070021, App. 4/20/2007; redesignated as current Sec. 1006.6 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff.

SF Planning Code § 1006.6 STANDARDS FOR REVIEW OF APPLICATIONS

SEC. 1006.6. STANDARDS FOR REVIEW OF APPLICATIONS. The HPC, the Department, and, in the case of multiple approvals under Section 1006.1(f), the Planning Commission, and any other decision making body shall be guided by the standards in this Section in their review of applications for Certificates of Appropriateness for proposed work on a landmark site or in a historic district. In appraising the effects and relationships mentioned herein, the decision making body shall in all cases consider the factors of architectural style, design, arrangement, texture, materials, color, and any other pertinent factors. (a) The proposed work shall be appropriate for and consistent with the effectuation of the purposes of this Article 10. (b) The proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties for individual landmarks and contributors within historic districts, as well as any applicable guidelines, local interpretations, bulletins, or other policies. Development of local interpretations and guidelines based on the Secretary of the Interior's Standards shall be led by the Planning Department through a public participation process; such local interpretations and guidelines shall be found in conformance with the General Plan and Planning Code by the Planning Commission and shall be adopted by both the HPC and the Planning Commission. If either body fails to act on any such local interpretation or guideline within 180 days of either body's initial hearing where the matter was considered for approval, such failure to act shall constitute approval by that body. In the case of any apparent inconsistency among the requirements of this Section, compliance with the requirements of the designating ordinance shall prevail. (c) For applications pertaining to landmark sites, the proposed work shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the landmark and, where specified in the designating ordinance pursuant to Section 1004(c), its major interior architectural features. The proposed work shall not adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting, nor of the historic district in applicable cases. (d) For applications pertaining to property in historic districts, other than on a designated landmark site, any new construction, addition or exterior change shall be compatible with the character of the historic district as described in the designating ordinance; and, in any exterior change, reasonable efforts shall be made to preserve, enhance or restore, and not to damage or destroy, the exterior architectural features of the subject property which are compatible with the character of the historic district. Notwithstanding the foregoing, for any exterior change where the subject property is not already compatible with the character of the historic district, reasonable efforts shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility. Where the required compatibility exists, the application for a Certificate of Appropriateness shall be approved. (e) For applications pertaining to all property in historic districts, the proposed work shall also conform to such further standards as may be embodied in the ordinance designating the historic district. (f) For applications pertaining to the addition of murals on a landmark or contributory structure in a historic district, the HPC shall consider only the placement, size and location of the mural, to determine whether the mural covers or obscures significant architectural features of the landmark or contributory structure. For purposes of review under this Article 10, the City shall not consider the content or artistic merit of the mural. (g) For applications pertaining to property in a historic district in a RH, RM, RTO, NC or UMU district, the HPC, or the Planning Department in the scope of work has been delegated pursuant to Section 1006.2(a), shall exempt such applications from the requirements of Section 1006.6 when compliance would create a significant economic hardship for the applicant, provided that: (1) The scope of the work does not constitute a demolition pursuant to Section 1005(f); (2) The Planning Department has determined that the applicant meets the requirement for economic hardship, such that the fees have been fully or partially waived pursuant to Section 1006.1 of this Code; (3) The Zoning Administrator has determined that in all other aspects the project is in conformance with the requirements of the Planning Code; (4) The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district, while reducing costs to the applicant; and (5) The HPC, or the Planning Department if the scope of work has been delegated pursuant to Section 1006.2(a), has confirmed that all requirements listed herein have been met, and has determined pursuant to Section 1006.4 that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district. (h) For applications pertaining to residential projects within historic districts that are receiving a direct financial contribution or funding from local state or federal sources for the purpose of providing a subsidized for-sale housing unit or units to residents earning 120% and below area median income or rental housing unit or units to residents earning 100% and below area median income and where at least 80 percent of the units are so subsidized, the HPC shall exempt such applications from the requirements of Section 1006.6 provided that: (1) The scope of the work does not constitute a demolition pursuant to Section 1005(f); (2) The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district; (3) The applicant has demonstrated that the project has considered all local, state, and federal rehabilitation incentives and taken advantage of those incentives as part of the project, when possible and practical; and (4) The HPC has confirmed that all requirements listed herein have been met, and has determined, pursuant to Section 1006.4 of this Code, that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district and furthers the City's housing goals. (Formerly codified as Sec. 1006.7; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1006.6 added by Ord. 222-72, App. 8/9/72; amended by Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; redesignated as current Sec. 1006.5 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1006.7 redesignated as current Sec. 1006.6; undesignated introductory paragraph amended; new division (b) added and former divisions (b) through (d) redesignated as divisions (c) through (f) accordingly; division (f) amended; divisions (g) and (h) added; Ord. 94-12, Eff. 6/20/2012.

SF Planning Code § 1006.7 APPEALS OF A CERTIFICATE OF APPROPRIATENESS

SEC. 1006.7. APPEALS OF A CERTIFICATE OF APPROPRIATENESS.

(a) Right of Appeal. The HPC's or the Planning Commission's decision on a Certificate of Appropriateness shall be final unless appealed to the Board of Appeals, which may modify the decision by a 4/5 vote; provided however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a conditional use authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote. Any certificate of Appropriateness so appealed shall not become effective unless and until approved by the Board of Appeals or Board of Supervisors in accordance with this Section. Nothing in this Section shall be construed to authorize the appeal of any decision under Section 1006.5 of this Article 10 to suspend action on an application. (b) Notice of Appeal. Any appeal under this Section shall be taken by filing written notice of appeal with the Board of Appeals or Clerk of the Board of Supervisors, whichever entity is appropriate under the requirements of subsection (a), within 30 days after the date of action by the HPC or Planning Commission. (c) Hearing. The Board of Supervisors, the Board of Appeals or the Clerk(s) thereof shall set a time and place for hearing such appeal, which shall be not less than 10 nor more than 30 days after such filing. The Board of Appeals or the Board of Supervisors must decide such appeal within 30 days of the time set for the hearing thereon; provided that, if the full membership of the board hearing the appeal is not present on the last day on which the appeal is set or continued for hearing within said period, the board may postpone the hearing and decision thereon until, but not later than, the full membership of the board is present; provided, further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of filing of the appeal. Failure of the Board of Appeals or the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the decision of the HPC or Planning Commission. (d) Decisions Affecting City Hall. The provisions of this Subsection shall govern decisions by the HPC on a Certificate of Appropriateness for alteration work to be done at City Hall, in lieu of any other provision set forth above. Upon the approval or disapproval by the HPC of a Certificate of Appropriateness for alteration of City Hall, the Secretary of the HPC shall transmit to the Clerk of the Board of Supervisors written notification of the HPC's decision. The Clerk shall set a time and place for hearing on the decision, which shall be not less than 10 nor more than 30 days after receipt of such notification. The Board of Supervisors may approve, disapprove, or modify the HPC's decision by majority vote. The Board of Supervisors must take this action within 30 days of the time set for the hearing thereon, provided that, if the full membership of the Board is not present on the last day on which said hearing is set or continued within said period, the Board may postpone said hearing and decision thereon until, but not later than, the full membership of the Board is present; provided further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of the receipt of written notification. Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the HPC. (Formerly codified as Sec. 1006.8; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1006.7 amended by Ord. 41-73, App. 2/1/73; Ord. 249-96, App. 6/19/96; Ord. 82-07, File No. 070021, App. 4/20/2007; redesignated as current Sec. 1006.6 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1006.8 redesignated as current Sec. 1006.7; section header and divisions (a), (b), and (c) amended; former division (d) deleted and former division (e) redesignated as division (d) and amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.8. RESERVED.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 163-87, App. 5/14/87; redesignated as current Sec. 1006.7 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1007. UNSAFE OR DANGEROUS CONDITIONS.

None of the provisions of this Article 10 shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety, and where the proposed measures have been declared necessary by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by Act of God or by the public enemy, to such an extent that in the opinion of the aforesaid officials it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. (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 Section amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1008. COMPLIANCE WITH MAINTENANCE REQUIREMENTS.

The owner, lessee or other person in actual charge of a landmark, or of a structure in a historic district, shall comply with all applicable codes, laws and regulations governing the maintenance of the property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior portions of such landmark or structure, the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. Failure to comply with this Section shall be subject to enforcement and penalties pursuant to Section 1013 below. (Amended by Ord. 222-72, App. 8/9/72; 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.

SEC. 1009. ADVICE AND GUIDANCE TO PROPERTY OWNERS.

The HPC may, upon request of the property owner, render advice and guidance with respect to any proposed work for which a Certificate of Appropriateness is not required on a designated landmark site or in a designated historic district. In rendering such advice and guidance, the HPC shall be guided by the purposes and standards in this Article 10. This Section shall not be construed to impose any regulations or controls upon any property. (Amended by Ord. 222-72, App. 8/9/72; 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.

SEC. 1010. PROPERTY OWNED BY PUBLIC AGENCIES.

(a) The Department shall take appropriate steps to notify all public agencies that own or may acquire property in the City about the existence and character of designated landmarks and historic districts; if possible, the Department shall cause a current record of such landmarks and historic districts to be maintained in each such public agency. In the case of any publicly owned property on a landmark site or in a historic district which is not subject to the permit review procedures of the City, the agency owning the said property shall seek the advice of the HPC prior to approval or authorization of any construction, alteration or demolition thereon; and the HPC in consultation with the Art Commission in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this Article 10. In the case of any publicly owned property on a landmark site or in a historic district that is subject to the permit review procedures of the City under any other law or under the Charter, the agency owning the property shall be subject to the provisions of this Article 10, and if the project involves construction, alteration or demolition on a landmark site or in a historic district a Certificate of Appropriateness shall be required subject to the procedures set forth in this Article 10. (b) All officers, boards, commissions and departments of the City shall cooperate with the HPC in carrying out the spirit and intent of this Article 10. (c) Nothing in this Article 10 shall be construed to impose any regulations or controls upon designated landmarks owned or controlled by the Golden Gate Bridge Highway and Transportation District. (Added by Ord. 27-67, App. 1/26/67; amended by Ord. 244-98, App. 7/31/98; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Divisions (a) and (b) amended; Ord. 94-12, Eff. 6/20/2012.

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.

SF Planning Code § 1006.8 RESERVED

SEC. 1006.8. RESERVED.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 163-87, App. 5/14/87; redesignated as current Sec. 1006.7 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1007. UNSAFE OR DANGEROUS CONDITIONS.

None of the provisions of this Article 10 shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, o

SF Planning Code § 1007 UNSAFE OR DANGEROUS CONDITIONS

SEC. 1007. UNSAFE OR DANGEROUS CONDITIONS.

None of the provisions of this Article 10 shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety, and where the proposed measures have been declared necessary by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by Act of God or by the public enemy, to such an extent that in the opinion of the aforesaid officials it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. (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 Section amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1008. COMPLIANCE WITH MAINTENANCE REQUIREMENTS.

The owner, lessee or other person in actual charge of a landmark, or of a structure in a historic district, shall comply with all applicable codes, laws and regulations governing the maintenance of the property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior portions of such landmark or structure, the interior portions thereof when subject to control as s

SF Planning Code § 1008 COMPLIANCE WITH MAINTENANCE REQUIREMENTS

SEC. 1008. COMPLIANCE WITH MAINTENANCE REQUIREMENTS.

The owner, lessee or other person in actual charge of a landmark, or of a structure in a historic district, shall comply with all applicable codes, laws and regulations governing the maintenance of the property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior portions of such landmark or structure, the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. Failure to comply with this Section shall be subject to enforcement and penalties pursuant to Section 1013 below. (Amended by Ord. 222-72, App. 8/9/72; 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.

SEC. 1009. ADVICE AND GUIDANCE TO PROPERTY OWNERS.

The HPC may, upon request of the property owner, render advice and guidance with respect to any proposed work for which a Certificate of Appropriateness is not required on a designated landmark site or in a designated historic district. In rendering such advice and guidance, the HPC shall be guided by the purposes and standards in this Article 10. This Section shall not be construed to impose any regulations or controls upon any property. (Amended by Ord. 222-72, App. 8/9/72; 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.

SEC. 1010. PROPERTY OWNED BY PUBLIC AGENCIES.

(a) The Department shall take appropriate steps to notify all public agencies that own or may acquire property in the City about the existence and character of designated landmarks and historic districts; if possible, the Department shall cause a current record of such landmarks and historic districts to be maintained in each such public agency. In the case of any publicly owned property on a landmark site or in a historic district which is not subject to the permit review procedures of the City, the agency owning the said property shall seek the advice of the HPC prior to approval or authorization of any construction, alteration or demolition thereon; and the HPC in consultation with the Art Commission in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this Article 10. In the case of any publicly owned property on a landmark site or in a historic district that is subject to the

SF Planning Code § 1009 ADVICE AND GUIDANCE TO PROPERTY OWNERS

SEC. 1009. ADVICE AND GUIDANCE TO PROPERTY OWNERS.

The HPC may, upon request of the property owner, render advice and guidance with respect to any proposed work for which a Certificate of Appropriateness is not required on a designated landmark site or in a designated historic district. In rendering such advice and guidance, the HPC shall be guided by the purposes and standards in this Article 10. This Section shall not be construed to impose any regulations or controls upon any property. (Amended by Ord. 222-72, App. 8/9/72; 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.

SEC. 1010. PROPERTY OWNED BY PUBLIC AGENCIES.

(a) The Department shall take appropriate steps to notify all public agencies that own or may acquire property in the City about the existence and character of designated landmarks and historic districts; if possible, the Department shall cause a current record of such landmarks and historic districts to be maintained in each such public agency. In the case of any publicly owned property on a landmark site or in a historic district which is not subject to the permit review procedures of the City, the agency owning the said property shall seek the advice of the HPC prior to approval or authorization of any construction, alteration or demolition thereon; and the HPC in consultation with the Art Commission in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this Article 10. In the case of any publicly owned property on a landmark site or in a historic district that is subject to the permit review procedures of the City under any other law or under the Charter, the agency owning the property shall be subject to the provisions of this Article 10, and if the project involves construction, alteration or demolition on a landmark site or in a historic district a Certificate of Appropriateness shall be required subject to the procedures set forth in this Article 10. (b) All officers, boards, commissions and departments of the City shall cooperate with the HPC in carrying out the spirit and intent of this Article 10. (c) Nothing in this Article 10 shall be construed to impose any regulations or controls upon designated landmarks owned or controlled by the Golden Gate Bridge Highway and Transportation District. (Added by Ord. 27-67, App. 1/26/67; amended by Ord. 244-98, App. 7/31/98; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Divisions (a) and (b) amended; Ord. 94-12, Eff. 6/20/2012.

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

SF Planning Code § 1010 PROPERTY OWNED BY PUBLIC AGENCIES

SEC. 1010. PROPERTY OWNED BY PUBLIC AGENCIES.

(a) The Department shall take appropriate steps to notify all public agencies that own or may acquire property in the City about the existence and character of designated landmarks and historic districts; if possible, the Department shall cause a current record of such landmarks and historic districts to be maintained in each such public agency. In the case of any publicly owned property on a landmark site or in a historic district which is not subject to the permit review procedures of the City, the agency owning the said property shall seek the advice of the HPC prior to approval or authorization of any construction, alteration or demolition thereon; and the HPC in consultation with the Art Commission in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this Article 10. In the case of any publicly owned property on a landmark site or in a historic district that is subject to the permit review procedures of the City under any other law or under the Charter, the agency owning the property shall be subject to the provisions of this Article 10, and if the project involves construction, alteration or demolition on a landmark site or in a historic district a Certificate of Appropriateness shall be required subject to the procedures set forth in this Article 10. (b) All officers, boards, commissions and departments of the City shall cooperate with the HPC in carrying out the spirit and intent of this Article 10. (c) Nothing in this Article 10 shall be construed to impose any regulations or controls upon designated landmarks owned or controlled by the Golden Gate Bridge Highway and Transportation District. (Added by Ord. 27-67, App. 1/26/67; amended by Ord. 244-98, App. 7/31/98; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Divisions (a) and (b) amended; Ord. 94-12, Eff. 6/20/2012.

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.

SF Planning Code § 1011 RECOGNITION OF STRUCTURES OF MERIT

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.