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