Article 11 — PRESERVATION OF BUILDINGS AND DISTRICTS OF ARCHITECTURAL, HISTORICAL, AND…

ARTICLE 11: PRESERVATION OF BUILDINGS AND DISTRICTS OF ARCHITECTURAL, HISTORICAL, AND AESTHETIC IMPORTANCE IN THE C-3 DISTRICTS

(a) It is hereby found that a substantial number of the buildings in the C-3 District have a special architectural, historical, and aesthetic value. These buildings contribute substantially to San Francisco's reputation throughout the United States as a City of outstanding beauty and physical harmony. A substantial number of these special buildings have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving and continuing their use, and without adequate consideration for the irreplaceable loss to the people of the City of their aesthetic, cultural, historic and economic value.

(b) It is further found that distinct and definable subareas within the C-3 District possess concentrations of buildings that together create a unique historic, architectural, and aesthetic character which contributes to the beauty and attractiveness of the City. The quality of these geographic areas has been and continues to be degraded by the unnecessary demolition of buildings of substantial architectural and aesthetic merit, by their replacement with buildings which conflict with the character and scale of the area, and by alteration of buildings in a manner which conflicts with the character and scale of the area.

(c) It is therefore declared that the protection, enhancement, and perpetuation of buildings and definable subareas of special architectural, historical, and aesthetic interest is necessary to promote the health, safety, prosperity and welfare of the people of the City. Accordingly, the purposes of this Article are:

(1) The protection, enhancement, and perpetuation of structures and subareas of special architectural, historical, and aesthetic character which contribute to the urban environment;

(2) The maintenance and improvement of a healthy economy for the City by enhancing both property values and the City's attractiveness as a place to do business;

(3) The protection and improvement of the City's attractiveness to tourists and other visitors, and the stimulus to business provided thereby;

(4) The enrichment of the educational, cultural, aesthetic and spiritual life of the inhabitants of the City by fostering knowledge of the heritage of the City's past and retaining the quality of the City's urban environment.

(d) It is further found that the use of Transferable Development Rights ("TDR") as provided herein is necessary to promote the urban planning and design goals of the General Plan by:

(1) maintaining appropriate overall development capacities in each zoning district within the C-3 area, as defined by applicable floor area, height, bulk and other parameters;

(2) encouraging and directing development into the Special Development District in order to maintain a compact downtown financial district; and

(3) facilitating the retention of Significant Buildings and Contributory Buildings, and the compatible replacement or alteration of Unrated buildings in Conservation Districts, as defined in 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 Divisions (d) and (d)(3) amended; Ord. 95-12, Eff. 6/20/2012.

The buildings in the C-3 Districts are divided into five categories according to the Building Rating methodology as set forth and explained in the Preservation of the Past section of the Downtown Plan, a component of the General Plan. Those categories are as follows:

• (a) Significant Buildings - Category I. Buildings that:

• (1) Are at least 40 years old; and

• (2) Are judged to be Buildings of Individual Importance; and

• (3) Are rated Excellent in Architectural Design or are rated Very Good in both Architectural Design and Relationship to the Environment.

• (b) Significant Buildings - Category II. Buildings:

• (1) That meet the standards in Section 1102(a) above; and

• (2) To which, because of their depth and relationship to other structures, it is feasible to add different and higher

replacement structures or additions to height at the rear of the structure, even if visible when viewing the principal facades, without affecting their architectural quality or relationship to the environment and without affecting the

appearance of the retained portions as separate structures when viewing the principal facades. The designation of Category II Buildings shall identify for each building the portion of the building beyond which such additions may be permitted.

• (c) Contributory Buildings - Category III. Buildings that:

• (1) Are located outside a designated Conservation District; and

• (2) Are at least 40 years old; and

• (3) Are judged to be Buildings of Individual Importance; and

• (4) Are rated either Very Good in Architectural Design or Excellent or Very Good in Relationship to the Environment.

• (d) Contributory Buildings - Category IV. Buildings that:

• (1) Are located in a designated Conservation District; and

• (2) Are at least 40 years old; and

• (3) Are judged to be Buildings of Individual Importance, and are rated either Very Good in Architectural Design or Excellent or Very Good in Relationship to the Environment.

• (4) Are judged to be Buildings of Contextual Importance and are rated Very Good in Architectural Design and/or Excellent or Very Good in Relationship to the Environment.

• (e) Unrated Buildings - Category V. Buildings that are not designated as Significant or Contributory.

(Amended 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

Minor style amendments throughout; Ord. 95-12, 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)

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.

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

(2) send notice of the HPC hearing by mail no less than 20 days prior to the date of the hearing to the initiators of the designation or boundary change, to the owners of all lots within the proposed new district or the district being modified, and to any interested parties who make a request in writing to the Department.

(c) Action by the HPC. The proposed designation or boundary change shall be placed on the agenda of the HPC for public hearing. If the HPC approves or modifies the proposed designation or boundary change in whole or in part, the Department shall transmit the HPC's recommendation together with a copy of the HPC's resolution and with any comments of the Planning Commission, as set forth in subsection (d) below, to the Clerk of the Board of Supervisors.

dary change shall be placed on the agenda of the HPC for public hearing. If the HPC approves or modifies the proposed designation or boundary change in whole or in part, the Department shall transmit the HPC's recommendation together with a copy of the HPC's resolution and with any comments of the Planning Commission, as set forth in subsection (d) below, to the Clerk of the Board of Supervisors.

(d) Review by the Planning Commission. Following action by the HPC, the Department shall promptly refer the HPC's recommendation on the proposed Conservation District designation or boundary change to the Planning Commission, which shall have 45 days to review and comment on the proposed designation or boundary change. The Planning Commission's comments, if any, shall be forwarded to the Board of Supervisors together with the HPC's recommendation. Notice of the Planning Commission hearing shall be given as provided in Section 1107(b) of this Article. The Planning Commission's comments shall be transmitted to the Board of Supervisors as a resolution and shall (1) address the consistency of the proposed boundary change 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;

(2) identify any amendments to the General Plan necessary to facilitate adoption of the proposed boundary change; and

(3) evaluate whether the proposed boundary change would conflict with the Sustainable Communities Strategy for the Bay Area.

(e) 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 boundary change by a majority vote of all its members.

Prior to the Board of Supervisors' vote on a proposed boundary change, 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 area covered by the proposed boundary change to express their opinion on the proposed boundary change. Such invitation shall advise owners of the practical consequences of the adoption of the proposed boundary change, including the availability of preservation incentives, the types of work requiring a Permit to Alter, the process and fees for obtaining a Permit to Alter, and the types of work that is generally ineligible to receive a Permit to Alter.

(f) Appeal to Board of Supervisors. If the HPC disapproves the proposed designation or boundary change, 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 1107(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.

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 1107(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.

(g) 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 boundary change by a majority vote of all its members.

(h) Notice of Board of Supervisors Proceedings. Notice of the hearing scheduled pursuant to this Section shall be given by mail no less than 20 days prior to the date of the hearing to: the applicants for the designation or alteration, if any; the owners of all lots within the proposed new district or the district being altered; appellants, if any; and to interested individuals or organizations who request such notice in writing to the Planning Department.

(i) Standards Applicable to Designation or Boundary Change. The standards governing the designation and change of District boundaries are those set forth in Section 1103. Areas may be removed from Conservation Districts if the character of the area has changed such that the area no longer qualifies under the standards set forth in Section 1103. (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

Undesignated introductory paragraph and divisions (a), (b), and (c) amended; new division (d) added and former divisions (d) through (h) redesignated as divisions (e) through (i) accordingly; divisions (e), (f), (g), and (h) amended; Ord. 95-12, 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.

Lots on which are located Significant or Contributory Buildings or Category V Buildings in those certain Conservation Districts and portions thereof as indicated in Section 8 of the Appendix relating to that District are eligible preservation lots as provided in Section 128 of this Code for the purposes of Transferable Development Rights ("TDR"), as provided in this Section:

(a) Significant Buildings. Lots on which are located buildings designated as Significant Buildings - Category I or Category II - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Lots on which are located Significant Buildings which have been altered in conformance with the provisions of this Article retain eligibility for the transfer of TDR.

(b) Contributory Buildings. Lots on which are located buildings designated as Contributory Buildings - Category III or Category IV - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Alteration or demolition of such a building in violation of Section 1110, or alterations or demolitions made without a permit issued pursuant to Sections 1111 through 1111.7, eliminates eligibility for the transfer of TDR; provided, however, that such eligibility may nonetheless be retained or acquired again if, pursuant to Section 1116(b), the property owner demonstrates as to any alteration that it was a Minor Alteration as defined in this Article and has applied for a Permit for Minor Alteration pursuant to Section 1111.1; or that the property owner has obtained a Permit to Alter to restore the original distinguishing qualities and character-defining features that were altered. Once any TDR have been transferred from a Contributory Building, the building is subject to the same restrictions on demolition and alteration as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building.

(c) Category V Buildings in Conservation Districts. Where explicitly permitted in Section 8 of the Appendix establishing a Conservation District, lots located in such a District on which are located Category V Buildings (designated as neither Significant nor Contributory) are eligible to transfer the difference between the allowable gross floor area permitted on the lot under Section 124 of the Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met; provided, however, that a lot is eligible as a Preservation Lot pursuant to this Section only if:

ted as neither Significant nor Contributory) are eligible to transfer the difference between the allowable gross floor area permitted on the lot under Section 124 of the Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met; provided, however, that a lot is eligible as a Preservation Lot pursuant to this Section only if:

(1) the exterior of the building is substantially altered so as to make it compatible with the scale and character of the Significant and Contributory Buildings in the district, including those features described in Sections 6 and 7 of the Appendix to Article 11 describing the relevant district, and has thus been determined by the HPC to be a Compatible Rehabilitation, and the building meets or has been reinforced to meet the standards for seismic loads and forces of the Building Code ; or

(2) the building on the lot is new, having replaced a Category V Building, and has received approval by the HPC as a Compatible Replacement Building, pursuant to Section 1113.

(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

Undesignated introductory paragraph and divisions (b) and (c) amended; Ord. 95-12, Eff. 6/20/2012.

(a) No person shall carry out or cause to be carried out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural, or other appendage, or any new or replacement

construction for which a permit is required pursuant to the Building Code, on any designated Significant or Contributory Building or any building in a Conservation District unless a permit for such work has been approved pursuant to the provisions of this Article 11. Notwithstanding the foregoing, when the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, the Planning Department shall process the permit without further reference to this Article 11, unless such streets and sidewalks have been explicitly called out in a conservation district's designating ordinance as character-defining features of the district.

(b) The HPC shall approve, disapprove, or modify all applications for permits to alter or demolish any Significant or Contributory Buildings or buildings within Conservation Districts, and permits for any new and replacement construction within Conservation Districts, subject to appeal as provided in Section 1115 of this Article 11. The HPC shall review and act on such permits prior to any other Planning approval action(s). 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 provisions shall apply.

(c) If the proposed work would constitute a demolition as defined in Section 1005(f) of this Code, such work shall, in addition to any other requirements, be subject to the provisions of this Article 11 governing demolitions and shall require a "Permit to Demolish." All other proposed construction or alteration of a structure, including any new or replacement construction, or any work involving a sign, awning, marquee, canopy, mural, or other appendage work, but excepting ordinary maintenance and repairs, shall require a "Permit to Alter."

(d) No person shall demolish or cause to be demolished a Significant or Contributory Building or any building in a Conservation District without obtaining a Permit to Demolish and, if located within a Conservation District, a permit for a Compatible Replacement Building.

(e) If at any time following the approval of a Permit to Alter, changes are proposed to the scope of work such that the proposed new scope of work, if approved, would constitute a demolition as defined herein, the owner shall file a new application for a Permit to Demolish and shall obtain such approval prior to proceeding with the proposed new scope of work.

(f) A building permit application or amendment for any work that exceeds the scope of work of an approved Permit to Alter or Permit to Demolish shall be referred to the Planning Department by the Central Permit Bureau for HPC review and approval pursuant to this Article 11 before the permit may be approved or issued.

(g) Notwithstanding the foregoing, in the following cases the Department may process the permit application without further reference to this Article 11:

(1) When the application is for a permit for ordinary maintenance and repairs only. For the purpose of this Article 11, "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.

(2) When the application is for a permit to construct any new or replacement structures on a site where a Significant or Contributory Building has been lawfully demolished pursuant to this Code and the site is not within a designated Conservation District; or

(3) When the application is for a permit to make interior alterations only and does not constitute a demolition as defined in this Article, unless the Planning Department has determined that the proposed interior alterations may result in any visual or material impact to the exterior of the building or when the designating ordinance or applicable Appendix in this Article requires review of such interior alterations;

(4) 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.;1

(5) When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a Significant or Contributory building or any building within a Conservation District, provided that signage, awnings, and transparency conform to the requirements set forth in Section 1111.6; or

(6) When the application is for a permit to install low-profile skylights that are not visible from a public right-of-way or public park, provided that the improvements conform to the requirements set forth in Section 1111.6. (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. 5323, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (g)(3) amended; division (g)(4) added; Ord. 53-23, Eff. 5/22/2023. Divisions (g)(3)-(4) amended; divisions (g)(5)-(6) added; Ord. 33-24, Eff. 3/23/2024. Divisions (g)(1) and (4) amended; Ord. 62-24, Eff. 4/28/2024. CODIFICATION NOTE

1. So in Ord. 33-24.

Upon receipt of any application for a building permit, demolition permit, site permit, alteration permit, or any other permit relating to a Significant of Contributory Building or a building within a Conservation District, the Central Permit Bureau shall forward such application to the Planning Department for determination as to whether the application is subject to the provisions of this Article and, if so, for approval under this Article. An application for a Permit to Alter or Permit to Demolish or for new and replacement construction in any Conservation District shall be filed by the owner or authorized agent for the owner of the property for which the permit is sought with the Planning Department. Each application shall be verified by at least one property owner or his or her authorized agent attesting to the truth and correctness of all facts, statements and information presented.

(a) 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 on forms prescribed therefore and shall contain or be

accompanied by all information required to assure the presentation of all pertinent facts for proper consideration of the case and for the permanent record. Applications shall include the following information:

(1) Plans, sections and elevations showing all existing and proposed work, including but not limited to color, texture of materials, architectural design, profile, and detail;

(2) All demolition calculations and associated detail drawings showing all interior and exterior alterations associated with the proposed scope of work, including but not limited to any changes to the exterior and internal structural framework, floor plates, removal of interior walls, or changes to the foundation;

(3) Specifications describing the means and methods associated with the proposed scope of work, including any technical specifications for all exterior restoration or cleaning work;

(4) Photographs showing the property and the context of its surroundings;

(5) Any other information that the Department determines may be necessary for the particular scope of work proposed; and

(6) Information needed for the preparation and mailing of notices as specified in Section 1111.4.

(b) In addition to the contents specified for applications in (1) above, any application for a Permit to Demolish a Significant Building or a Contributory Building from which TDR have been transferred shall also contain the following information:

(1) An updated historic resource evaluation and conditions assessment report that includes any pertinent information on the condition of the building and historical, architectural, and cultural documentation about the building;

(2) The amount paid for the property;

(3) The date of purchase, the party from whom purchased, and a description of the business or family relationship, if any, between the owner and the person from whom the property was purchased;

• (4) The cost of any improvements since purchase by the applicant and date the improvements were made;

• (5) The assessed value of the land, and improvements thereon, according to the most recent assessments;

• (6) Real estate taxes for the previous five years;

• (7) Annual debt service, if any, for the previous five years;

• (8) All appraisals obtained within the previous five years by the owner or applicant in connection with his or her purchase, financing or ownership of the property;

• (9) Any listing of the property for sale or rent, price asked and offers received, if any;

• (10) Any consideration by the owner for profitable and adaptive uses for the property, including renovation studies, plans, and bids, if any;

• (11) If it is a Preservation Lot eligible to transfer TDR, the amount and value of such untransferred TDR;

• (12) Annual gross income from the property for the previous five years;

• (13) Itemized operating and maintenance expenses for the previous five years;

• (14) Annual cash flow for the previous four years;

• (15) Building plans, elevations, sections, detail drawings, and any other information required for the Replacement Building;

• (16) The Statement of Eligibility as set forth in Section 128;

• (17) An itemized list of the amount of TDR that has been transferred from the property;

• (18) The amount received for rights transferred;

• (19) The transferee(s); and

• (20) A copy of each document effecting a transfer of such rights.

(c) An application for a Permit to Demolish any building located in a Conservation District or an application for new construction on vacant lots shall include plans, specifications and elevations showing the proposed exterior appearance, including but not limited to color, texture of materials, and architectural design and detail, for the replacement construction.

(d) Category V Buildings (Unrated). The owner or owner's representative of a Category V building located in a Conservation District may apply for one of the following:

(1) Compatible Rehabilitation. An applicant for a Permit to Alter a Category V Building (Unrated) may request on the application a determination by the HPC that if the proposed alteration is completed as approved, the building will be deemed a Compatible Rehabilitation under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.

(2) Compatible Replacement Building. An applicant for new construction in a Conservation District on a lot where a Category V Building (Unrated) has been lawfully demolished may request on the application a determination by the HPC that if the proposed new construction is completed as approved, the new building will be deemed a Compatible Replacement Builder under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.

(e) 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).

(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) The HPC, Planning Commission, Board of Appeals, and Board of Supervisors shall find in their review of applications for any new or replacement structure or for an addition to any existing structure in a Conservation District that such construction is compatible in scale and design with the District as set forth in Sections 6 and 7 of the Appendix that describes the District.

(b) Applications for a building or site permit to construct or add to a structure in any Conservation District shall be reviewed and approved, approved with modifications, or disapproved by the HPC before any other Planning approval action that may be required, including review by the Planning Commission pursuant to the procedures set forth in Section 309 and shall only be approved pursuant to Section 309 if they meet the standards set forth in this Article. For projects that require Section 309 review, the Planning Commission may modify the decision of the HPC pursuant to Section 1114, provided that the project does not concern a designated Significant (Categories I and II) or a Contributory (Category III) building.

(c) If a building or site permit application to construct or add to a structure in any Conservation District is approved by the HPC pursuant to this Article without modification by the Planning Commission and if the building is constructed in accordance with such approval, and if the building is located in a Conservation District for which, pursuant to Section 8 of the Appendix establishing that district, such a transfer is permitted, the building shall be deemed a Compatible Replacement Building, and the lot on which such building is located shall be eligible as a Preservation Lot for the transfer of TDR.

(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; formerly undesignated paragraph amended and designated as divisions (a), (b), and (c); Ord. 9512, 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)

(a) In addition to any other penalties provided in Section 1120 or elsewhere, alteration or demolition of a Significant or Contributory Building or any building within a Conservation District in violation of the provisions of this Article shall eliminate the eligibility of the building's lot as a Preservation Lot. Such a lot may not be developed in excess of the floor area ratio of the demolished building for a period of 20 years from the unlawful demolition, if it is the site of an

unlawfully demolished Significant Building (Category I or II), or Contributory Building (Category III) or the site of an unlawfully demolished Contributory Building (Category IV) from which TDR have been transferred. No department shall approve or issue a permit that would authorize construction of a structure contrary to the provisions of this Section. (b) A property owner may be relieved of the penalties provided in Subsection (a) if:

(1) as to an unlawful alteration, the owner can demonstrate to the HPC that the violation would have constituted a Minor Alteration and has applied for a Permit for Minor Alteration to legalize the violation; or

(2) as to an unlawful alteration, the owner restores the original distinguishing qualities and character of the building destroyed or altered, including exterior character-defining spaces, materials, features, finishes, exterior walls and exterior ornamentation. A property owner who wishes to effect a restoration pursuant to Subsection (b)(2) shall, in connection with the filing of a building or site permit application, seek approval of the proposed restoration by reference to the provisions of this Section. If the HPC approves the application and determines that the proposed work will effect adequate restoration, the HPC shall so find. Upon approval and the completion of work, the lot shall again become an eligible Preservation Lot and the limitation on floor area ratio set forth in Subsection (a) shall not thereafter apply. The HPC may not approve the restoration unless it first finds that the restoration can be done with a substantial degree of success. The determination under this Subsection (b)(2) is a final administrative decision.

(Formerly codified as Sec. 1114; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1116 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1118 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1114 redesignated as current Sec. 1116; divisions (a), (b)(1), and (b)(2) amended; Ord. 95-12, Eff. 6/20/2012.

Except where explicitly so stated, nothing in this Article shall be construed as relieving any person from other applicable permit requirements. The following requirements are intended to insure conformity between existing City permit processes and the provisions of this Article:

(a) Upon the designation of a building as a Significant or Contributory Building, or upon the designation of the Conservation District, the Planning Department shall inform the Central Permit Bureau of said designation or, in the case of a Conservation District, of the boundaries of said District and a complete list of all the buildings within said District and their designations. The Central Permit Bureau shall maintain a current record of such Buildings and Conservation Districts.

(b) Upon receipt of any application for a building permit, demolition permit, site permit, alteration permit, or any other permit relating to a Significant or Contributory Building or a building within a designated Conservation District, the Central Permit Bureau shall forward such application to the Planning Department. If the Planning Department determines that the application is subject to provisions of this Article, processing shall proceed under the provisions of this Article. The Central Permit Bureau shall not issue any permit for construction, alteration, removal or demolition of any structure, or for any work involving a Significant or Contributory Building or a building within a Conservation District unless either the Planning Department has determined that such application is exempt from the provisions of this Article, or processing under this Article is complete and necessary approvals under this Article have been obtained. The issuance of any permit by a City department or agency that is inconsistent with any provision of this Article may be revoked by the Director of the Department of Building Inspection pursuant to the provisions of the San Francisco Building Code.

(c) No abatement proceedings or enforcement proceedings shall be undertaken by any department of the City for a Significant or Contributory building or a building within a Conservation District without, to the extent feasible, prior notification of the Planning Department and the HPC. Such proceedings shall comply with the provisions of this Article where feasible.

(Formerly codified as Sec. 1115; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1117 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1119 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1115 redesignated as current Sec. 1117; divisions (a), (b), and (c) amended; Ord. 95-12, 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.

(a) Maintenance. The owner, lessee, or other person in actual charge of a Significant or Contributory Building shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior features of buildings designated Significant or Contributory, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. All such buildings shall be preserved against such decay and deterioration and free from structural defects through prompt corrections of any of the following defects:

(1) Facades which may fall and injure members of the public or property;

(2) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

(3) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

(4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

(5) Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering;

(6) Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

(b) Enforcement Procedures. The procedures set forth in Building Code Sections 114 through 116 governing unsafe buildings or property shall be applicable to any violations of this Section.

(Formerly codified as Sec. 1117; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1119 added by Ord. 414-85, App. 9/17/85; amended by Ord. 57-08, File No. 071651, App. 4/10/2008; redesignated as Sec. 1120 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1117 redesignated as current Sec. 1119; division (b) 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.

If any part of this Article 11 is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Article 11 or any part thereof. The Board of Supervisors hereby declares that it would have passed all portions of this Article and any amendments thereto irrespective of the fact that any one or more portions be declared unconstitutional or invalid.

(Formerly codified as Sec. 1124; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1124 redesignated as current Sec. 1125; section amended; Ord. 95-12, Eff. 6/20/2012.

APPENDIX A TO ARTICLE 11

CATEGORY I BUILDINGS

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 142-87, App. 5/1/87; Ord. 47-96, App. 2/2/96; 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; Ord. 258-18, File No. 180725, App. 11/2/2018, Eff. 12/3/2018)

Category V Buildings in that portion of the Kearny-Market-Mason-Sutter Conservation District which is in the C-3-0 Use District as shown on Sectional Map 1 of the Zoning Map are eligible for the transfer of TDR as provided in Section 1109(c).

(Added Ord. 414-85, App. 9/17/85)

APPENDIX F TO ARTICLE 11

NEW MONTGOMERY-MISSION-SECOND STREET CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this appendix as the New Montgomery-Mission-Second Street area is a subarea within the C-3 District, that possesses concentrations of buildings that together create a subarea of architectural and environmental quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the New Montgomery-Mission-Second Street area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for the continuing vitality of the District through private renewal and architectural creativity within appropriate controls and standards;

(c) Preservation of the scale and character of the District separate from the prevailing larger scale of the financial district and permitted scale in the new Special Development District.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11 of the City Planning Code (Part II, Chapter XI of the San Francisco Municipal Code), the New Montgomery-Mission-Second Street area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the New Montgomery-Mission-Second Street Conservation District shall be as designated on the New Montgomery-Second Street Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under File 223-84-4, which Map is hereby incorporated herein as though fully set forth, and a facsimile of which is reproduced hereinbelow.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary, nothing in this Appendix shall supersede, impair or modify any City Planning Code provisions applicable to property in the New Montgomery-Mission-Second Street Conservation District including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, off-street parking and signs.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. The core of the New Montgomery-Mission-Second Street Conservation District is a product of the post-1906 reconstruction of downtown San Francisco. Rebuilt between 1906 and 1933 this district represents a collection of masonry commercial loft buildings that exhibit a high level of historic architectural integrity and create a cohesive district of two-to-eight story masonry buildings of similar scale, massing, setback, materials, fenestration pattern, style, and architectural detailing.

This corridor forms one of the earliest attempts to extend the uses of the financial and retail districts to the South of Market area. Since Montgomery Street was the most important commercial street in the 1870's, New Montgomery Street was planned as a southern extension from Market Street to the Bay. Opposition from landowners south of Howard Street, however, prevented the street from reaching its original bayside destination. William Ralston, who was instrumental in the development of the new street, built the Grand Hotel and later the Palace Hotel at its Market Street intersection. A wall of large hotels on Market Street actually hindered the growth of New Montgomery Street and few retail stores and offices ventured south of Market Street. The unusually wide width of Market Street acted as a barrier between areas to the north and south for many years.

al in the development of the new street, built the Grand Hotel and later the Palace Hotel at its Market Street intersection. A wall of large hotels on Market Street actually hindered the growth of New Montgomery Street and few retail stores and offices ventured south of Market Street. The unusually wide width of Market Street acted as a barrier between areas to the north and south for many years.

A small number of office buildings were built on New Montgomery Street as far south as Atom Alley (now Natoma Street) after the fire. Many buildings were completed in 1907, and most of the street assumed its present character by 1914. At 74 New Montgomery Street, the Call newspaper established its first headquarters. A noteworthy addition to the streetscape was the Pacific Telephone and Telegraph Building. At the time of its completion in 1925, it was the largest building on the West Coast devoted to the exclusive use of one firm. Until the 1960's, the office district on New Montgomery Street was the furthest extension of the financial district into the South of Market area. More characteristic were warehouses and businesses which supported the nearby office district. For example, the Furniture Exchange at the northwest corner of New Montgomery and Howard Streets, completed in 1920, was oriented to other wholesale and showroom uses along Howard Street.

One block to the east, Second Street had a different history from New Montgomery Street. The future of Second Street as an extension of the downtown depended upon the southward extension of the street through the hill south of Howard Street. At one time there was even a proposal to extend Second Street north in order to connect with Montgomery Street. The decision to extend Montgomery Street south rather than Second Street north due to the high cost of the Second Street Cut, however, discouraged retail and office growth on the street. As a result, by the 1880's Second Street was established as a wholesaling rather than retail or office area. In the 1920's, Second Street contained a wide mixture of office support services. These included printers, binderies, a saddlery, a wholesale pharmaceutical outlet, and a variety of other retail stores and smaller offices. Industrial uses were commonly located on the alleyways such as Minna and Natoma and on Second Street, south of Howard Street.

Howard Street between 1st and 3rd Street became a popular and convenient extension for retail and wholesale dealers after 1906. As with Mission Street, the area still contains a number of smaller commercial loft structures that represent some of the best examples within the district, such as the Volker Building at 625 Howard Street, the Crellin Building at 583 Howard Street, and the Sharon Estate Building at 667 Howard Street.

The transformation of much of the area within the boundaries of the New Montgomery-Mission-Second Street Conservation District into a southerly extension of downtown was reflected in the large number of multi-story structures built along both Mission and Market streets. The intersection of 3rd and Mission evolved into the most important

intersections in the survey area, bracketed on three corners by important early skyscrapers, including the rebuilt Aronson Building on the northwest corner, the Williams Buildings on the southeast corner, and the Gunst Building (demolished) on the southwest corner.

(b) Basic Nature of the District. New Montgomery Street is characterized by large buildings that often occupy an entire section of a block defined by streets and alleys or a major portion of these subblocks. The buildings are of a variety of heights, but the heights of most of the buildings range from five to eight stories. Second Street is characterized by smaller, less architecturally significant buildings, but, because of their continuous streetwall, they form a more coherent streetscape. Without some sort of protection for the less significant buildings, the quality of the district would be lost due to pressure from the expanding office core.

(c) Architectural Character. Most of the contributing buildings are designed in the American Commercial Style and feature facades divided into a tripartite arrangement consisting of a base, shaft, and capital. Although the scale and size of the structures on New Montgomery Street are somewhat monumental, the area remains attractive for pedestrians. There are a number of outstanding buildings concentrated on New Montgomery, such as the Palace Hotel, the Pacific Telephone and Telegraph Building tower, and the Sharon Building. Ornamentation of district contributors is most often RenaissanceBaroque with later examples of Spanish, Colonial, Gothic Revival Styles, and Art Deco. Examples of the styles range from the Gothic skyscraper massing and Art Deco detailing of the Pacific Telephone and Telegraph Building to the Renaissance Palazzo style of the Palace Hotel. The primary building materials are earthtone bricks, stone or terra cotta, with ornamental details executed in a variety of materials including terra cotta, metal, stucco and stone.

With the exceptions of corner buildings, Second Street, Mission and Howard Streets have a smaller, more intimate scale. While on New Montgomery Street, buildings typically occupy an entire subblock, on Second Street, three or four small buildings will occupy the same area. The buildings are generally mixed-use office and retail structures, two-to-seven stories in height, with Renaissance-influenced ornament.

The two streets are unified by several elements, including an architectural vocabulary which draws from similar historical sources, similar materials, scale, fenestration, color, stylistic origins, texture, and ornament.

(d) Uniqueness and Location. The District is located close to the central core of the financial district and is adjacent to an area projected for the future expansion. It is one of the few architecturally significant areas remaining largely intact in the South of Market area.

(e) Visual and Functional Unity. The District has a varied character ranging from the small and intimate on the alley streets to a more monumental scale on New Montgomery. In spite of this wide range, the district forms a coherent entity due to the buildings' common architectural vocabulary and the rhythm of building masses created by the District's intersecting alleys.

(f) Dynamic Continuity. The District is an active part of the downtown area, and after some years of neglect is undergoing reinvestment, which is visible in the rehabilitation of the Pacific Telephone Building, and the repair and rehabilitation of other buildings in the District.

(g) Benefits to the City and Its Residents. The District is a microcosm of twentieth century commercial architecture, ranging from low-level speculative office blocks to the City's premier hotels and executive offices of the time. The District now houses a variety of uses from inexpensive restaurants and support commercial uses, such as printers, to executive offices. The area retains a comfortable human scale, which will become increasingly important as neighboring areas of the South of Market become more densely developed.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 6. FEATURES.

The exterior architectural features of the New Montgomery-Mission-Second Street District are as follows:

(a) Massing and Composition. Almost without exception, the buildings in the New Montgomery-Mission-Second Conservation District are built to the front property line and occupy the entire site. Most buildings are either square or rectangular in plan, some with interior light courts to allow sunlight and air into the interiors of buildings. Nearly all cover their entire parcels, and their primary facades face the street. Building massings along New Montgomery and Second Streets have different directional orientations. For the most part, the large buildings on New Montgomery Street are horizontally oriented, since they are built on relatively large lots, often occupying an entire blockface. Their horizontal width often exceeds their height. The buildings on Second Street are built on much smaller lots, and hence have a vertical orientation. An exception on New Montgomery is the tower of the Pacific Telephone and Telegraph Building, whose soaring verticality is unique for that street.

To express the mass and weight of the structure, masonry materials are used on multi-dimensional wall surfaces with texture and depth, which simulates the qualities necessary to support the weight of a load-bearing wall.

Despite their differing orientation, almost all buildings share a two or three-part compositional arrangement. In addition, buildings are often divided into bays which establish a steady rhythm along the streets of the District. The rhythm is the result of fenestration, structural articulation or other detailing which breaks the facade into discrete segments. A common compositional device in the District is the emphasis placed upon either the end bays or the central bay.

ee-part compositional arrangement. In addition, buildings are often divided into bays which establish a steady rhythm along the streets of the District. The rhythm is the result of fenestration, structural articulation or other detailing which breaks the facade into discrete segments. A common compositional device in the District is the emphasis placed upon either the end bays or the central bay.

(b) Scale. More than two-thirds of the contributing buildings are three-to-eight story brick or concrete commercial loft buildings constructed during the five years after the 1906 Earthquake and Fire. The scale of the District varies from the small buildings on Howard, Mission, Natoma, and Second Streets, such as the Phoenix Desk Company Building at 666 Mission Street, the Burdette Building at 90 Second Street, and the Emerison Flag Company Building at 161 Natoma Street; to medium-scaled structures on Mission and New Montgomery Streets, such as the Veronica Building at 647 Mission Street, and the Standard Building at 111 New Montgomery Street; to large-scale buildings on New Montgomery Street, such as the Pacific Telephone and Telegraph Building at 140 New Montgomery. On New Montgomery Street, the large facades are not commonly divided into smaller bays, establishing a medium scale when combined with the five- to eight-story height of the buildings. Similarly, the use of elaborate ornament on many of the buildings breaks their large facades into smaller sections and accordingly reduces their scale. Second Street is characterized by much smaller buildings with more frequent use of vertical piers whose scale is very intimate for the South of Market area.

(c) Materials and Color. Various forms of masonry are the predominant building materials in the district. A number of buildings on the northern end of New Montgomery use brown or buff brick. Terra cotta is also used as a facing material, and is frequently glazed to resemble granite or other stones. On Second and Mission Streets, several buildings are faced in stucco. To express the mass and weight of the structure, masonry materials are often rusticated at the ground and second story to increase the textural variation and sense of depth. Several buildings along Howard Street are noteworthy because they are clad in brick in warm earth tones, exhibit fine masonry craftsmanship, and remain unpainted.

The materials are generally colored light or medium earth tones, including white, cream, buff, yellow, and brown. Individual buildings generally use a few different tones of one color.

(d) Detailing and Ornamentations. Buildings range from industrial brick and stucco office/warehouses to ornately decorated office buildings. The details on the latter buildings are generally of Classical/Renaissance derivation and include projecting cornices and belt courses, rustication, columns and colonnades, and arches. Industrial commercial buildings are noted by their utilitarian nature, with limited areas or ornament applied at the cornice entablature and around windows. (Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

y of Classical/Renaissance derivation and include projecting cornices and belt courses, rustication, columns and colonnades, and arches. Industrial commercial buildings are noted by their utilitarian nature, with limited areas or ornament applied at the cornice entablature and around windows. (Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) Standards. All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on buildings in conservation districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) Guidelines. The guidelines in this subsection shall be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the character of surrounding buildings by relating to their prevailing height, mass, proportions, rhythm and composition.

In addition to the consideration of sunlight access for the street, an appropriate streetwall height is established by reference to the prevailing height of the buildings on the block and especially that of adjacent buildings. The prevailing height of buildings on New Montgomery Street is between five and eight stories while buildings on Second Street commonly range from three to six stories. A setback at the streetwall height can permit additional height above the setback up to the height limit without breaking the continuity of the street wall.

Almost all existing buildings are built to the property or street line. This pattern, except in the case of carefully selected open spaces, should not be broken since it could damage the continuity of building rhythms and the definition of streets.

Proportions for new buildings should be established by the prevailing streetwall height and the width of existing buildings. On New Montgomery Street, the historic pattern of large lot development permits new buildings to have a horizontal orientation. In order to ensure that an established set of proportions is maintained on Second Street, new construction should break up facades into discrete elements that relate to prevailing building masses. The use of smaller bays and multiple building entrances are ways in which to relate the proportions of a new building with those of existing buildings.

The design of a new structure should repeat the prevailing pattern of two- and three-part vertical compositions. Onepart buildings without bases do not adequately define the pedestrian streetscape and do not relate well to the prevailing two- and three-part structures.

(2) Scale. The existing scale can be accomplished in a variety of ways, including: a consistent use of size and complexity of detailing with regard to surrounding buildings, continuance of existing bay widths, maintenance of the existing streetwall height, and the use of a base element (of similar height) to maintain the pedestrian environment. Large wall surfaces, which increase a building's scale, should be broken up through the use of vertical piers, detailing and textural variation to reduce the scale of Second Street.

Existing fenestration (windows, entrances) and rhythms which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by historic structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible since most existing buildings use these window types.

(3) Materials and Colors. The use of masonry and stone materials or materials that appear similar (such as substituting concrete for stone) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a Conservation District. The preferred surface materials for this District are brick, stone, terra cotta and concrete (simulated to look like terra cotta or stone).

The texture of surfaces can be treated in a manner so as to emphasize the bearing function of the material, as is done with rustication on the Rialto Building. Traditional light colors should be used in order to blend in with the character of the district. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and to a lesser extent, by using similar textures.

(4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. The new structure should incorporate prevailing cornice lines or belt courses. A variety of Renaissance/Baroque, Gothic and Moderne ornament in the District provides sources for detailing in new buildings in order to strengthen their relationship. Similarly shaped forms can be used as detailing without directly copying historical ornament.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 8. TDR; ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in that portion of the New Montgomery-Mission-Second Street Conservation District which is in the 150-S Height District as shown on Sectional Map 1H of the Zoning Map are eligible for the transfer of TDR as provided in Section 1109(c).

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

Category V Buildings in the Commercial-Leidesdorff District are eligible for the transfer of TDR as provided in Section 1109(c).

(Added Ord. 414-85, App. 9/17/85)

APPENDIX H TO ARTICLE 11

FRONT-CALIFORNIA CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this Appendix as the Front-California Street area is a Subarea within the C-3 District that possesses concentrations of buildings that together create a Subarea of architectural quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This Designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the Front-California area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for continuing vitality of the District through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which the area continues to provide a variety of retail and commercial uses of significant value to the City.

(c) Encouragement of the continued intensive use of the District by financial district workers during the noon hours. (Added Ord. 414-85, App. 9/17/85)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11, of the City Planning Code (Part II, Chapter II of the San Francisco Municipal Code), the Front-California area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Front-California Conservation District shall be as designated on the Front-California Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 22384-4, which Map is hereby incorporated herein as though fully set forth, and a facsimile of which is reproduced below. (Added Ord. 414-85, App. 9/17/85)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural and environmental importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this Code, nothing in this Appendix shall supersede, impair or modify any City Planning Code provisions applicable to property in the Front-California Conservation District including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, offstreet parking and signs.

(Added Ord. 414-85, App. 9/17/85)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. Located to the east of the financial district on filled land, this District was outside of the major downtown growth corridors in the nineteenth and early twentieth centuries. The location of the Federal Reserve Bank on Battery Street and the construction of several office buildings (Southern Pacific, Matson) in the 1920's, linked the financial district with port-oriented buildings on lower California and Market Streets. While office uses have been located on California Street since 1906, the area east of Battery Street was not fully integrated into the financial district until 1920, when the street assumed its present character.

The development of Front Street proceeded at a slower pace and was not complete until the 1930's. Front Street was redeveloped after the fire, with warehouses and industrial buildings serving the produce district to the north and office support services serving the office core to the west and on California Street. Buildings on Front Street commonly contained stores and offices at the ground level while upper stories were used for stock purposes and general storage. Several offices and printers were also located on the street.

(b) Basic Nature of the District. The low height and small scale of this District create a contrast to the rest of the financial district and the adjacent Embarcadero Center. The District still retains its post-fire appearance, as most of the architecturally significant buildings were constructed in the short period from 1907 through 1918. Six of the District's 19 buildings are architecturally significant and six are contributory to the District. Only seven buildings are unrated. The low buildings on Front Street and the narrow lot widths create an open, sunlit streetscape. Because of the character of the District and its proximity to the financial district, a variety of commercial (especially retail) enterprises serve pedestrians from the surrounding financial district. The scale of the California Street buildings is kept low by Halleck Street, which runs parallel to California and limits the lot size on that street. The street also divides Front in half on the west side, enhancing the small scale of that block.

proximity to the financial district, a variety of commercial (especially retail) enterprises serve pedestrians from the surrounding financial district. The scale of the California Street buildings is kept low by Halleck Street, which runs parallel to California and limits the lot size on that street. The street also divides Front in half on the west side, enhancing the small scale of that block.

(c) Architectural Character. Although the Front Street buildings are lower and of lesser quality than the California Street buildings, similar design elements in the buildings tie them together to form a coherent entity. The buildings on Front Street are generally in the two- to four-story range, while most of the buildings on California Street are in the fourto seven-story range. The buildings' ornament is generally derived from Renaissance sources and the buildings employ similar scale, height, fenestration, texture, and materials.

(d) Uniqueness and Location. This district, along with the nearby Commercial-Leidesdorff District, forms one of the last small-scale areas with architecturally significant buildings in the northern section of the financial district. It provides a low-intensity contrast to the dense office core and the Embarcadero Center development.

(e) Visual and Functional Unity. The District forms a coherent entity. Outside the boundary, the older buildings become larger and are interspersed with more modern structures. The similar character and scale of the buildings unify the District.

(f) Dynamic Continuity. The area has demonstrated economic viability evidenced by its mix of active retail and commercial uses.

(g) Benefits to the City and Its Residents. The District provides a variety of retail and commercial uses in small older structures. The area is an architectural resource for its collection of small industrial buildings. The District still retains the scale and character, if not the actual Victorian buildings, of the pre-fire commercial district. (Added Ord. 414-85, App. 9/17/85)

SEC. 6. FEATURES.

The exterior architectural features of the Front-California District are as follows:

(a) Scale, Form, and Proportion. The buildings in this District are of a variety of heights, ranging from one story to 11 stories. Unlike other districts which have a prevailing streetwall height, this District has a varied streetwall height, allowing sunlight to penetrate to the street most of the day. Lot widths range from 25 feet to 60 feet, lot depths range from 60 feet to 140 feet.

(b) Materials, Color, Texture. Facade materials include exposed brick, stucco, metal, and terra cotta panels. Colors include white, grey masonry and terra cotta, red brick, and deep reds and greens. The texture of the buildings varies from smooth stucco to richly textured and ornamented terra cotta panels.

(c) Details. Building styles range from utilitarian brick industrial with decorative brickwork to ornate Renaissance Revival buildings. Details include glazed brickwork, arches, decorated spandrels, projecting cornices and belt courses, pilasters, and rustication.

(Added Ord. 414-85, App. 9/17/85)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) Standards. All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on buildings in Conservation Districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

• (b) Guidelines. The guidelines in this subsection are to be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the character of both Front and California Streets by relating to the prevailing height, mass, proportions, rhythm and composition of historic buildings.

The height and massing of new buildings should not alter the traditional scale of existing buildings, streets and open spaces. Since buildings on California Street commonly range from five to eight stories, new buildings should relate to those heights. Similarly, new buildings on Front Street should relate to the existing pattern of buildings under five stories in height. A setback at the predominant streetwall height can permit additional height above the setback without breaking the continuity of the streetwall.

Almost all existing buildings are built to the property or street line. This pattern, except in the case of carefully selected open spaces, should not be broken since it could damage the continuity of building rhythms and the definitions of streets.

Vertical and horizontal proportions for new buildings should be established by heights of existing streetwall and the width of existing buildings (and lots). Due to the regular rhythm of small structures on Front Street, a new building which is built on a large site should break up its facade into discrete sections that relate to the small building masses. This can be best accomplished through the use of vertical piers and separate entrances for the different sections. However, the slightly larger lots on California Street would allow buildings to have greater horizontal dimensions as well as greater heights. The use of smaller bays is another way in which to relate the proportions of a new building with those of historic buildings.

uilding masses. This can be best accomplished through the use of vertical piers and separate entrances for the different sections. However, the slightly larger lots on California Street would allow buildings to have greater horizontal dimensions as well as greater heights. The use of smaller bays is another way in which to relate the proportions of a new building with those of historic buildings.

The design of a new structure should also repeat the prevailing pattern of two- and three-part vertical compositions. One-part buildings without base sections do not adequately define the pedestrian streetscape and do not relate well to the historic two- and three-part structures. This division of a building allows flexibility in the design of the ground story while encouraging a uniform treatment of the upper stories.

(2) Scale. The existing scale of the Front-California Conservation District is one of its most important assets and should be maintained. This can be accomplished by the consistent use of size and complexity of detailing in relation to surrounding buildings. In addition, the continuance of existing bay widths and the incorporation of a base element (of similar height) help to maintain the pedestrian environment. Especially on Front Street, large wall surfaces, which increase a building's scale, should be broken up through the use of detailing and textural variation to reduce the scale.

Existing fenestration (windows, entrances) rhythms and proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by historic structures. Most glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that the neighboring buildings. Casement and double-hung windows should be used where possible.

(3) Materials and Colors. The use of historic materials or those that appear similar (such as substituting concrete for stone) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a Conservation District. The preferred surface materials for this district are brick, stone and concrete (simulated to look like terra cotta or stone).

Traditional light colors should be used in order to blend in with the character of the District. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and to a lesser extent, by using similar textures. (4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. Since most buildings on Front Street are not extensively detailed, new structures should incorporate prevailing cornice lines or belt courses. On California Street, the historic details of existing buildings can serve as models for detailing in new buildings in order to strengthen their relationship. Alternately, similarly shaped ornament can be used as detailing without directly copying historical ornament.

(Added Ord. 414-85, App. 9/17/85)

SEC. 8. TDR; ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in the California-Front District are eligible for the transfer of TDR as provided in Section 1109(c). (Added Ord. 414-85, App. 9/17/85)

Category V Buildings in that portion of the Mint-Mission Conservation District that is in the C-3-0 Use District as shown on Sectional Map 1 of the Zoning Map are eligible for the transfer of TDR as provided in Section 1109(c). (Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)