San Francisco County Municipal Code Art. 10 Preservation of Historical Architectural and Aesthetic Landmarks

Sec. 1001. Purposes. Sec. 1002. Powers and Duties of Planning Department and Historic Preservation Commission. Sec. 1003. Historic Preservation Commission. Sec. 1004. Designation of Landmarks and Historic Districts. Sec. 1004.1. Nomination and Initiation of Landmark and Historic District Designation. Sec. 1004.2. Decision by the Historic Preservation Commission. Sec. 1004.3. Designation by Board of Supervisors. Sec. 1004.4. Appeal to Board of Supervisors. Sec. 1004.5. Notice of Designation by Board of Supervisors. Sec. 1004.6. Notice of Amendment or Rescission of Designation. Sec. 1005. Conformity and Permits. Sec. 1006. Certificate of Appropriateness Required. Sec. 1006.1. Applications for Certificate of Appropriateness. Sec. 1006.2. Review by Planning Department. Sec. 1006.3. Scheduling and Notice of Hearing. Sec. 1006.4. Conduct of Hearing; Decision. Sec. 1006.5. Nature of Historic Preservation Commission Decision. Sec. 1006.6. Standards for Review of Applications. Sec. 1006.7. Appeals of a Certificate of Appropriateness. Sec. 1007. Unsafe or Dangerous Conditions. Sec. 1008. Compliance with Maintenance Requirements. Sec. 1009. Advice and Guidance to Property Owners. Sec. 1010. Property Owned by Public Agencies. Sec. 1011. Recognition of Structures of Merit. Sec. 1012. Referral of Certain Matters. Sec. 1013. Enforcement and Penalties. Sec. 1014. Applicability. Sec. 1015. Severability. 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. Appendix G Telegraph Hill Historic District. Appendix H Blackstone Court Historic District. Appendix I South End Historic District. Appendix J Civic Center Historic District. Appendix K Bush Street-Cottage Row Historic District. Appendix L Dogpatch Historic District. Appendix M Market Street Masonry Historic District. Appendix N Duboce Park Historic District. Appendix O Clyde and Crooks Warehouse District. Appendix P. Chula-Abbey Early Residential District. Appendix Q. Alert Alley Early Residential District.

Editor's Note: See also Article 11, "Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts."

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.

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)

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)

(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)

(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.

(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)

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.

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.

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.

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)

Section 1006.8(e) of the City Planning Code describes the process for review of Certificate of Appropriateness applications proposing alterations to City Hall, Landmark No. 21. Nothing in this legislation shall be construed to amend said Section 1006.8(e). Said process shall serve to meet the Certificate of Appropriateness requirement for City Hall by its inclusion in this Historic District. (Added by Ord. 413-94, App. 12/23/94)

The buildings in the C-3 District are classified as follows: (a) Significant Buildings - Category I. The buildings listed in Appendix A to this Article 11 are hereby designated as Significant Buildings - Category I.
(b) Significant Buildings - Category II. The buildings listed in Appendix B to this Article 11 are hereby designated as Significant Buildings - Category II.
(c) Contributory Buildings - Category III. The buildings listed in Appendix C to this Article 11 are hereby designated as Contributory Buildings - Category III.
(d) Contributory Buildings - Category IV. The buildings listed in Appendix D to this Article 11 are hereby designated as Contributory Buildings - Category IV.
(e) Unrated Buildings - Category V. All buildings in the C-3 District not otherwise designated in this Section are hereby designated as Unrated - Category V.
(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)

Portions of the C-3 District may be designated as Conservation Districts if they contain substantial concentrations of buildings that together create subareas of special architectural and aesthetic importance. Such areas shall contain substantial concentrations of Significant and Contributory Buildings and possess substantial overall architectural, aesthetic or historic qualities justifying additional controls in order to protect and promote those qualities. (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)

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.

(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)

(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)

When a building has been designated Significant or Contributory or its designation is changed pursuant to Section 1106, or when a new Conservation District is established or the boundary of a Conservation District changed pursuant to Section 1107, the Planning Department shall notify each affected property owner by mail and shall cause a copy of the ordinance, or notice thereof, to be recorded with the County Recorder. The Planning Department shall file in its permanent records any new designation or change in designation of a Significant or Contributory Building or a new Conservation District or change of Conservation District boundary and shall notify the Central Permit Bureau pursuant to Section 1117 of this Article. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Section amended; Ord. 95-12, Eff. 6/20/2012.

The Department shall review all applications and shall determine within 30 days after the application is filed whether the application is complete. Applications for Minor Alterations that have been delegated to Department staff may be approved by the Department pursuant to Section 1111.1 without a hearing before the HPC. Upon acceptance as complete of an application that is not a Minor Alteration or upon appeal to or a request by the HPC to exercise its review powers over a Minor Alteration as set forth in 1111.1, the HPC shall hold a hearing and approve, approve with modifications, or disapprove the application in accordance with the procedures set forth in this Section 1111. (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 amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.

(a) If a public hearing before the HPC is required under this Section 1111, the Department shall set a time and place for the hearing within a reasonable period. Notice of the hearing shall be provided as required in Section 333 of this Code. (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; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019) AMENDMENT HISTORY Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (a) amended; divisions (a)(1)-(b)(2) deleted; Ord. 179-18, Oper. 1/1/2019.

(a) The HPC may approve, disapprove, or approve with conditions an application for a Permit to Alter or a Permit to Demolish and, where applicable for new or replacement construction, for a determination that the building is a Compatible Rehabilitation under Section 1113 or a Compatible Replacement Building under Section 1109(c), and shall make findings in support of its decision. (b) For applications for a Permit to Demolish, the applicant has the burden of establishing that the criteria governing the approval of applications set forth in Section 1111.7 have been met. (c) The decisions of the HPC shall be final except upon modification by the Planning Commission as provided in Section 1114 or upon the filing of a timely appeal to the Board of Appeals or Board of Supervisors as provided in Section 1115. (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 amended; previously undesignated paragraph designated as division (a) and amended; divisions (b) and (c) added; Ord. 95-12, Eff. 6/20/2012.

(Added by Ord. 414-85, App. 9/17/85; deleted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

For projects that require multiple planning approvals, the HPC shall review and act on any Permit to Alter or Permit to Demolish before any other Planning approval action. (a) For projects that require a Conditional Use Authorization or Permit Review under Section 309 and do not concern a Significant Building (Categories I & II) or a Contributory Building (Category III only), the Planning Commission may modify any decision on a Permit to Alter or Permit to Demolish by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of this Code. (b) For projects to be located on vacant lots, the Planning Commission may modify any decision on a Permit to Alter by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of this Code. (Added by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1114 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1116 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

The HPC's or the Planning Commission's decision on a Permit to Alter or a Permit to Demolish shall be final unless appealed to the Board of Appeals, which may modify the decision by a four-fifths 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 appeal must be made within 30 days after the date of the final action by the HPC or Planning Commission. (Added by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1115 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1117 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

Where the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that a condition on or within a Significant or Contributory Building is unsafe or dangerous and determines further that repair or other work rather than demolition will not threaten the public safety, said official shall, after consulting with the Planning Department and the HPC, to the extent feasible, determine the measures of repair or other work necessary to correct the condition in a manner which, insofar as it does not conflict with State or local requirements, is consistent with the purposes and standards set forth in this Article. (Formerly codified as Sec. 1116; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1116 redesignated as current Sec. 1118; section amended; Ord. 95-12, Eff. 6/20/2012.

Enforcement and Penalties shall be as provided in Sections 176 and 176.1 of this Code. (Formerly codified as Sec. 1119; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1120 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1121 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1119 redesignated as current Sec. 1120; Ord. 95-12, Eff. 6/20/2012.

Buildings or areas within the C-3 District designated pursuant to the provisions of both Article 10 and Article 11 shall be regulated pursuant to the procedures of both Articles. In case of conflict, the more restrictive provision shall control. Notwithstanding the rating of a building in a C-3 District pursuant to the provisions of Article 11, buildings may be designated as landmarks according to the provisions of Article 10. (Formerly codified as Sec. 1120; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1121 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1122 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1120 redesignated as current Sec. 1121; former third undesignated paragraph deleted; Ord. 95-12, Eff. 6/20/2012.

Notice of the hearing before the HPC and the first hearing before the Board of Supervisors, of a proposed amendment to this Article which materially alters the limitations and requirements applicable to any building or class of buildings shall be given to the owners of such buildings by mail. (Formerly codified as Sec. 1121; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1122 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1123 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1121 redesignated as current Sec. 1122; section amended; Ord. 95-12, Eff. 6/20/2012.

When any provision of this Article requires notice by mail to a property owner, the officer or body providing the notice shall use for this purpose the names and addresses as shown on the latest citywide Assessment Roll in the Assessor's Office. (Formerly codified as Sec. 1122; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1123 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1124 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1122 redesignated as current Sec. 1123; Ord. 95-12, Eff. 6/20/2012.

Unless otherwise indicated, all time provisions governing the taking of action by City officials are directory and not mandatory. (Formerly codified as Sec. 1123; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1124 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1125 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Former Sec. 1123 redesignated as current Sec. 1124; Ord. 95-12, Eff. 6/20/2012.