SEC. 1103.1. CONSERVATION DISTRICT DESIGNATIONS.
The following Conservation Districts are hereby designated for the reasons indicated in the appropriate Appendix:
(a) The Kearny-Market-Mason-Sutter Conservation District is hereby designated as set forth in Appendix E.
(b) The New Montgomery-Mission-Second Street Conservation District is hereby designated as set forth in Appendix F.
(c) The Commercial-Leidesdorff Conservation District is hereby designated as set forth in Appendix G.
(d) The Front-California Conservation District is hereby designated as set forth in Appendix H.
(e) The Kearny-Belden Conservation District is hereby designated as set forth in Appendix I.
(f) The Pine-Sansome Conservation District is hereby designated as set forth in Appendix J.
(g) The Mint-Mission Conservation District is hereby designated as set forth in Appendix K.
(Added by Ord. 414-85, App. 9/17/85; reenacted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 257-18, File No. 180724, App. 11/2/2018, Eff.
12/3/2018)
AMENDMENT HISTORY
Division (b) amended; Ord. 182-12 , Eff. 9/7/2012. Division (g) added; Ord. 257-18, Eff. 12/3/2018.
SEC. 1104. RESERVED.
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1105. RESERVED.
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1106. PROCEDURES FOR CHANGE OF DESIGNATION AND DESIGNATION OF ADDITIONAL
SIGNIFICANT AND CONTRIBUTORY BUILDINGS.
Buildings may be designated as Significant or Contributory or their designation may be changed through amendment of Appendices A, B, C and D of this Article. Such designation or
change of designation shall be governed by the following provisions in lieu of the provisions of Section 302:
(a) Initiation. The designation or change of designation of a Significant or Contributory building may be initiated by motion of the Board of Supervisors, by resolution of the Historic
Preservation Commission (HPC), by the verified application of the owner or authorized agent of the affected property, by the application of any organization or group that has historic
preservation stated as one of its goals in its bylaws or articles of incorporation, or by the application of at least 50 registered voters of the City. Except in the case of initiation by
governmental bodies, any such application shall contain historic, architectural, and/or cultural documentation to support the initiation or change of designation as well as any additional
information that may be required by the application procedures and policies established by the HPC. If initiated by motion of the Board of Supervisors, the Clerk of the Board of
Supervisors shall refer the matter to the HPC for its review and recommendation prior to passage by the Board of Supervisors, without referral to the Planning Commission.
(b) Notice; Referral to the HPC; Review by the Planning Department. Upon determination by the Department that a verified application is complete and contains all necessary
information or upon receipt of the motion or resolution of one of the governmental bodies set forth in Subsection (a) above, the Department shall:
(1) promptly schedule a hearing before the HPC on the proposed designation or change of designation; and
(2) send notice of the hearing by mail no less than 20 days prior to the date of the hearing to the owner(s) of the affected property; the applicant(s), if any, for the designation or change
in designation; to the owners of all properties within 150 feet of the affected property; and to any interested parties who so request in writing to the Department.
(c) Action by the Historic Preservation Commission. The proposed designation or change of designation shall be placed on the agenda of the HPC for public hearing. The HPC shall
determine the appropriate designation or change in designation of the building. If the HPC approves or modifies the proposed designation or change of designation in whole or in part, it
shall transmit its recommendation, together with a copy of the resolution, to the Clerk of the Board of Supervisors without referral to the Planning Commission.
(d) Designation by Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any proposal so transmitted to it. The Board of Supervisors
may approve, modify and approve, or disapprove the designation or change of designation by a majority vote of all its members.
(e) Appeal to Board of Supervisors. If the HPC disapproves the proposed designation or change of designation, such action shall be final except upon the filing of a notice of appeal to
the Board of Supervisors within 30 days by the applicant or any of the persons, organizations or groups listed in Section 1106(a); provided, however, that if the proposal was initiated by the
Board of Supervisors, the Clerk of the Board shall be notified immediately of the disapproval without the necessity for an appeal.
(f) Hearing and Decision by the Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any such proposal appealed to it or initiated by
it. The Board of Supervisors may uphold the HPC, overrule the HPC and approve, or modify and approve, the designation or change of designation by a majority vote of all its members.
(g) Notice of Board of Supervisors Proceedings. Notice of the hearing scheduled before the Board of Supervisors, and of the availability of applicable reports, shall be given by mail
no less than 20 days prior to the date of the hearing to the initiators of the designation or change of designation, to the owner(s) of any affected building, to any appellants, and to any other
interested person or organization who so requests in writing to the Department.
(h) Grounds for Designation or Change of Designation. The designation of a building may be changed if
(1) changes in the area in the vicinity of a building located outside a Conservation District warrant a change in the rating of the building with respect to its relationship to the
environment and therefore place it in a different category, pursuant to Section 1102; or
(2) changes in Conservation District boundaries make a building of Contextual Importance fall outside a Conservation District and therefore no longer eligible for designation as a
Contributory building, or, conversely, make a building of Contextual Importance fall within a Conservation District and therefore eligible for designation as a Contributory Building; or
(3) changes in the physical features of the building due to circumstances beyond the control of the owner, or otherwise permitted by this Article, warrant placing the building in a
different category pursuant to the standards set forth in Section 1102; or
(4) restoration of the building to its original quality and character warrants placing the building in a different category pursuant to the standards set forth in Section 1102; or
(5) by the passage of time, the building has become at least 40 years old, making it eligible to be considered for designation as a Significant or Contributory building, pursuant to
Section 1102; or
(6) the discovery of new factual information (for example, information about the history of the building) makes the building eligible for rating as a Building of Individual or Contextual
Importance and, therefore, eligible to be designated as a Significant or Contributory Building.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header, undesignated introductory paragraph, and divisions (a), (b), (c), (e), (f), and (g) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1107. PROCEDURES FOR DESIGNATION OF ADDITIONAL CONSERVATION DISTRICTS OR
BOUNDARY CHANGE OF CONSERVATION DISTRICTS.
A Conservation District may be designated or its boundary changed through amendment of Section 1103.1 of this Article 11. The HPC may recommend approval, disapproval, or
modification of Conservation District designations or boundary changes to the Board of Supervisors. Such designation or boundary change shall be governed by the following provisions in
lieu of the provisions of Section 302.
(a) Initiation of Designation or Boundary Change. The designation of an area of the C-3 District as a Conservation District or the change of District boundaries may be initiated by
motion of the Board of Supervisors, by resolution of the HPC, upon the verified application of the owners or other authorized agents of greater than 25 percent of the structures in the area
proposed for designation (or, as to an alteration, 25 percent of the structures of the proposed new district unless it would be an area smaller than the existing district, in which case it shall be
25 percent of the structures of the existing district), upon the verified application of any organization or group that has historic preservation stated as one of its goals in its bylaws or articles
of incorporation, or upon the verified application of at least 150 registered voters of the City. Except in case of an initiation by governmental bodies, any such application shall contain
historic, architectural, and/or cultural documentation to support the designation or boundary change as well as any additional information that may be required by the application procedures
and policies established by the HPC.
(b) Notice; Referral to the Historic Preservation Commission; Review by the Planning Department. If a proposed Conservation District designation or boundary change is initiated
by the Board of Supervisors, the Clerk of the Board shall refer the matter to the HPC for its review and recommendation. Upon determination by the Planning Department that a verified
application is complete and contains all necessary information or upon receipt of a motion or resolution by the Board of Supervisors or the HPC initiating designation or a change in
designation, the Department shall
(1) promptly schedule a hearing before the HPC on the proposed district or boundary change; and