Planning Code - Landmark Designation - Chata Gutierrez Mural

Ord. No. 0004-24

in effect

FILE NO. 231033 ORDINANCE NO. 004-24 [Planning Code - Landmark Designation - Chata Gutierrez Mural] Ordinance amending the Planning Code to designate Chata Gutierrez Mural, located at 3175-24th Street, Assessor's Parcel Block No. 6519, Lot No. 041, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough itelics Times New Romen font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. CEQA and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 231033 and is incorporated herein by reference. The Board of Supervisors affirms this determination. (b) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the proposed landmark designation of "La Rumba No Para: The Chata Gutierrez Mural (hereinafter Chata Gutierrez Mural), located at 3175 24th Street, Assessor's Parcel Block Supervisors Ronen; Melgar, Peskin, Preston BOARD OF SUPERVISORS Page 1 No. 6519, Lot No. 041, will serve the public necessity, convenience, and welfare for the reasons set forth in Historic Preservation Commission Resolution No. 1347, recommending approval of the proposed designation, which is incorporated herein by reference. (c) On September 20, 2023, the Historic Preservation Commission, in Resolution No. 1347, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and with the eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. Section 2. General Findings. (a) On March 21, 2023, the Board of Supervisors adopted Resolution No. 142-23, initiating landmark designation of Chata Gutierrez Mural as a San Francisco Landmark pursuant to Section 1004.1 of the Planning Code. The Resolution was enacted on March 28, 2023 without the Mayor's signature. Said resolution is on file with the Clerk of the Board of Supervisors in Board File No. 230300. (b) Pursuant to Charter Section 4.135, the Historic Preservation Commission has authority "to recommend approval, disapproval, or modification of landmark designations and historic district designations under the Planning Code to the Board of Supervisors." (c) Planning Department Preservation staff prepared a Landmark Designation Fact Sheet for Chata Gutierrez Mural. All preparers meet the Secretary of the Interior's Professional Qualification Standards for historic preservation program staff, as set forth in Code of Federal Regulations Title 36, Part 61, Appendix A. The report was reviewed for accuracy and conformance with the purposes and standards of Article 10 of the Planning Code. (d) The Historic Preservation Commission, at its regular meeting of September 20, 2023, reviewed Planning Department staff's analysis of the historical significance of Chata Supervisors Ronen; Melgar, Peskin, Preston BOARD OF SUPERVISORS Page2 Gutierrez Mural set forth in the Landmark Designation Fact Sheet dated September 13, 2023. (e) On September 20, 2023, after holding a public hearing on the proposed designation, and having considered the specialized analyses prepared by Planning Department staff, and the Landmark Designation Fact Sheet, the Historic Preservation Commission recommended designation of Chata Gutierrez Mural as a landmark under Article 10 of the Planning Code by Resolution No. 134 7. Said resolution is on file with the Clerk of the Board in Board File No. 231033. (f) The Board of Supervisors hereby finds that Chata Gutierrez Mural has a special character and special historical, architectural, and aesthetic interest and value, and that its designation as a Landmark will further the purposes of and conform to the standards set forth in Article 1 O of the Planning Code. In doing so, the Board hereby incorporates by reference the findings of the Landmark Designation Fact Sheet. Section 3. Designation. Pursuant to Section 1004.3 of the Planning Code, Chata Gutierrez Mural, located at 3175 24th Street, Assessor's Parcel Block No. 01765192, Lot No. 041, is hereby designated as a San Francisco Landmark under Article 10 of the Planning Code. Appendix A to Article 10 of the Planning Code is hereby amended to include this property. Section 4. Required Data. (a) The description, location, and boundary of the Landmark site consists of those portion(s) of the west (side) elevation of the building on City parcel at 3175 24th Street, in Assessor's Parcel Block No. 6519, Lot No. 041, occupied by the Chata Gutierrez Mural, measuring 22-feet by 28-feet, painted on the west-facing exterior wall of a two-story-over- basement residential building, in San Francisco's Mission District. Supervisors Ronen; Melgar, Peskin, Preston BOARD OF SUPERVISORS Page 3 (b) The characteristics of the Landmark that justify its designation are described and shown in the Landmark Designation Fact Sheet and other supporting materials contained in Planning Department Record Docket No. 2023-003506DES. The Chata Gutierrez Mural, painted in 2015 by Carlos "Kookie" Gonzalez and other artists, depicts the late Chata Gutierrez, radio station KPOO's first Latina DJ and host of Bay Area's longest-running Latin music program, surrounded by dancers and conga players. The Chata Gutierrez Mural, a tribute to a cultural icon of the Latinx community, is a cultural asset that has a significant association with the Mission District's Pan-Latino community, and celebrates the Latin Music Movement, a significant and vibrant part of San Francisco's cultural heritage. In addition, the Chata Gutierrez Mural is representative of the Community Art Movement, or Mission Muralismo, a distinctive mode of expression within the Mission District, which is internationally known for its rich collection of murals. (c) The particular features that shall be preserved, or replaced in-kind as determined necessary, are those shown in photographs and described in the Landmark Designation Fact Sheet, which can be found in Planning Department Record Docket No. 2023-003506DES, and which are incorporated in this designation by reference as though fully set forth. Specifically, the following features are character-defining and shall be preserved or replaced in kind: (1) All those physical features of the exterior west (side) wall associated with the structural support, construction, and visual depiction and expression of the Chata Gutierrez Mural, including: (A) The size, shape, form, and materials of the mural; (B) Combination of paints, pigments, and other materials that form the mural; and (C) Configuration of exterior wall where the mural is located. Supervisors Ronen; Melgar, Peskin, Preston BOARD OF SUPERVISORS Page4 Section 5. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Peter R. Miljanich PETER R. MILJANICH Deputy City Attorney n:\leganalas2023\ 1800206101704533.docx Supervisors Ronen; Melgar, Peskin, Preston BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 231033 Date Passed: January 09, 2024 Ordinance amending the Planning Code to designate Chata Gutierrez Mural, located at 3175-24th Street, Assessor's Parcel Block No. 6519, Lot No. 041, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. December 11, 2023 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT December 12, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton January 09, 2024 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 231033 London N. Breed Mayor City and County of San Francisco Page 1 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 1/9/2024 by the Board of Supervisors of the City and County of San Francisco. Clerk of the Board Date Approved Printed at 9:52 am 0111/10/24

References

amendsSec. 1015

Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0004-24.pdfFetched: 7/4/2026