The term of each member of the commission shall be four years and until a successor is appointed and qualified. Terms shall be staggered and shall expire in even-numbered years.
(Ord. 710 § 2.1, 1976; Ord. 1074 § 1, 1990)
Commissioners shall be limited to three consecutive terms. For purposes of calculating consecutive terms, service of at least two years plus one day during a term shall be counted as a complete term; all prior continuous service of existing commissioners shall be counted. Upon serving the maximum number of consecutive terms, a commissioner shall not be eligible for re-appointment to the planning commission for a period of two years. If a vacancy occurs on the board, the city council shall appoint an individual to serve the remaining unexpired term of the former incumbent.
(Ord. 710 §§ 2.2, 2.3, 1976; Ord. 1180 § 1, 1996; Ord. 1314 § 2, 2002; Ord. 1395 § 2, 2008; Ord. 1573 § 2, 2019)
(a) 
On the third Thursday of January of each year, the commission shall elect a chairperson and a chairperson pro tem. The term of the offices shall be one year. The chairperson pro tem shall serve in the absence of the chairperson.
(b) 
The person serving as the planning director shall serve as the secretary of the commission.
(Ord. 710 § 3, 1976; Ord. 892 § 1, 1982; Ord. 1074 § 2, 1990)
(a) 
The commission shall meet on the first and third Thursdays of each month at seven p.m. in the Library, Parks and Recreation Building, South San Francisco, California, or in a location that shall be set by resolution of the commission, except in case of necessity or emergency the chairperson or four commissioners may designate an alternate meeting place within the corporate limits of the city. Legal notice of an emergency meeting shall be given at least twenty-four hours prior to the time of the meeting. If a meeting is set for the regular meeting place of the commission, or duly noticed for an alternate meeting place, and because of necessity or emergency, the commission is required to meet in another place within the corporate limits of the city, then the secretary shall appear at the regular or alternate meeting place, whichever is the case, at the time set for the meeting, and publicly announce the new meeting place and post a notice of same on the door of the regular meeting place. Notices of all meetings, except regular meetings, shall be served on each commissioner and to each person who has requested notice in writing of such meetings, at least twenty-four hours prior to the time specified for the proposed meeting. Notices shall comply with Government Code <https://library.qcode.us/redirect/state_code/ca/ca_gov> Section 54950 et seq., also referred to as the Ralph M. Brown Act.
(b) 
If the day designated as a regular, adjourned regular, special or study meeting falls upon a legal holiday, the commission shall meet upon the next succeeding day which is not a holiday unless otherwise ordered by the commission.
(Ord. 710 § 4, 1976; Ord. 859 § 1, 1981; Ord. 1074 § 3, 1990; Ord. 1476 § 1, 2013; Ord. 1651-2023, 10/11/2023)
Commissioners shall receive compensation for their services as provided for in Chapter 2.84.
(Ord. 710 § 5, 1976; Ord. 1248 § 3, 1999; Ord. 1626 § 2, 2021)
(a) 
The city clerk shall establish and maintain a record of the names, address, telephone numbers, dates of appointment and dates of termination of each commissioner, and the names of the chairperson, chairperson pro tem, and the dates of their election and termination of service in those offices.
(b) 
The clerk shall give the council written notice of the expiration of a commissioner’s term sixty days prior thereto.
(Ord. 710 § 6, 1976)
(a) 
It is hereby found that structures, sites and areas of special character or special historical, architectural, or aesthetic interest or value have been and continue to be unnecessarily destroyed, impaired or neglected despite the feasibility of preserving them.
(b) 
It is further found that the prevention of such needless destruction and impairment is essential to the health, safety and general welfare of the citizens of the city of South San Francisco.
(c) 
The purpose of Sections 2.56.080 through 2.56.210 is to promote the health, safety and general welfare of the citizens of the city of South San Francisco through:
(1) 
The identification, protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important to local, state or national history, or which provide significant examples of architectural styles of the past or are elements in the history of architecture or which are unique and irreplaceable assets to the city of South San Francisco and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived.
(2) 
The development and maintenance of appropriate settings and environments for such structures, in such sites and areas.
(3) 
The enhancement of property values, the stabilization of neighborhoods and areas of the city, and the increase of economic and financial benefits to the city and its inhabitants.
(4) 
The preservation and encouragement of a city of varied architectural styles, reflecting the distinct phases of its history: cultural, social, economic, political and architectural.
(5) 
The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs by fostering knowledge of the living heritage of the past.
(Ord. 1440 § 2, 2011)
For the purpose of this chapter, the following words and phrases are defined as follows:
“Alteration”
means any change to or modification of an historic resource.
“Architectural”
means anything pertaining to the science, art or profession of designing and constructing buildings.
“Certificate of alteration”
means an approved certificate issued for the construction, demolition, alteration, removal or relocation of any publicly or privately owned historic resource.
“Commission”
means the planning commission appointed pursuant to the provisions of this chapter.
“Culture” or “cultural”
means anything pertaining to the concept, skills, habits, arts, instruments, or institutions of a given people at a given point in time.
“Chief planner”
means the chief planner of the city of South San Francisco, or the chief planner’s designee.
“Historic resource”
means a structure, a natural feature, or a site which is fifty years old or older, of architectural, artistic, cultural, engineering, aesthetic, archeological, historical, political, or social significance to the citizens of the city of South San Francisco, the state, or the nation.
“List of potential historic resources”
means that list which has been developed by the former historic preservation commission which includes properties which have been studied and ranked in terms of importance and which qualify as potential historic resources. This list, which may be amended by the commission from time to time, is on file in the office of the chief planner.
“Natural feature”
means any tree, plant life, geographical or geological site or feature.
“Owner”
means any person, association, partnership, firm, corporation or public entity appearing as the holder of title on any property as shown on the records of the county assessor or on the last equalized assessment roll of the county of San Mateo, as applicable.
“Person”
means any person, association, partnership, firm, corporation or public entity.
“Preservation”
means the identification, study, protection, restoration, rehabilitation or enhancement of historic resources.
“Site”
means a parcel or parcels of land in the city of South San Francisco.
“Structure”
means any building or any other man-made object affixed on or under the ground.
(Ord. 1440 § 2, 2011)
In addition to those powers and duties identified in Title 20, the commission shall have the following powers and duties with respect to historic preservation:
(a) 
Designate historic resources;
(b) 
Review applications for, and issue certificates of alteration authorizing alteration, demolition or construction affecting designated historic resources;
(c) 
Consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historic preservation;
(d) 
View structures, sites and areas which it has reason to believe are worthy of preservation;
(e) 
Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of property designated historic resources;
(f) 
Consider and recommend to the city council methods other than those provided for in this chapter for encouraging and achieving historical or architectural preservation;
(g) 
Review and make recommendations to the city council regarding applications for, and administration of, historic property agreements, submitted or entered into, pursuant to the provisions of Article 12 (commencing with Section 50280), Chapter 1, Part 1, Division 1, Title 5 of the Government Code.
(Ord. 1440 § 2, 2011)
In considering a proposal for designation as an historic resource, the commission shall apply any or all of the following criteria:
(a) 
Its character, interest or value as a significant part of the heritage of the city, the state or the nation; and
(b) 
Its location as a site of a significant historic event; or
(c) 
Its identification with a person or persons who significantly contributed to the culture and development of the city, the state or the nation; or
(d) 
Its exemplification of a particular architectural style or way of life; or
(e) 
Its exemplification of the best remaining example of a particular architectural type in the city; or
(f) 
Its identification as the creation, design or work of a person or persons whose efforts have significantly influenced the heritage of the city, the state or the nation; or
(g) 
Its embodiment of elements demonstrating outstanding attention to artistic, architectural and/or engineering design, detail, materials, or craftsmanship; or
(h) 
Its relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource (for example, it is a clearly identified element of a larger cohesive neighborhood or area whose integrity and character should be protected, such as the civic center, downtown, or a specific residential neighborhood); or
(i) 
Its unique location or singular physical characteristics representing an established and familiar visual feature of the city; or
(j) 
Its potential of yielding significant information of archeological interest; or
(k) 
Its integrity as a natural environment that strongly contributes to the well-being of the people of the city, the state, or the nation. For example, an area retained in or developed in a natural setting, such as portions of Sign Hill, or some other feature which contributes to the quality of life in South San Francisco.
(Ord. 1440 § 2, 2011)
The procedure for designation of historic resources shall be as follows:
(a) 
Any person or entity may file an application with the commission upon paying an application fee in an amount as set forth in the master fee schedule as adopted by resolution of the city council.
(b) 
An application shall be made on the prescribed form and shall be filed with the chief planner. Included with the application shall be a statement of consent signed by the property owner(s).
(c) 
Each application shall also include a list of the applicable criteria under which the project qualifies for designation. Each criterion shall be supported by appropriate facts which will be considered by the commission in the hearing.
(d) 
Each proposal shall be considered by the commission at a public hearing. Hearing dates shall be set administratively. Notice of the hearing shall include the date, time and place of the public hearing and the subject of the hearing. Notice shall be published in a newspaper of general circulation not less than ten calendar days prior to the date of the hearing. All notices of the hearings shall be sent by first class mail not less than ten days prior to the date of the hearing. All applicants, owners, adjacent property owners and any other individual who has paid for and requested notice are to be notified. The commission may give such additional notice by mail or by posting as the commission may deem desirable.
(e) 
After the close of the public hearing and discussion by the commission, the commission shall take action on the proposal. The commission may approve, disapprove, or conditionally approve an application for designation as an historic resource. Approval or conditional approval of a designation as an historic resource shall be made only by four or more affirmative votes. Written findings may be adopted within thirty days.
(f) 
The commission may approve or conditionally approve a designation as an historic resource when it finds:
(1) 
That the proposed structure, natural feature, site or district has significance as an historic resource; and
(2) 
That approval is consistent with the purpose and criteria of this chapter.
(g) 
Following its decision, the commission shall send to the applicant(s) and to the owner(s) of the property(ies) involved a notice outlining the basis for such decision, and if the commission approves the designation, the notice shall outline the regulations resulting from such designation. Information about appealing the decision shall be included in the notice. The commission also may forward a copy of the notice to any department or agency requesting it or that the commission considers affected by the designation.
(h) 
Upon expiration of the appeal period the secretary of the commission shall cause notice of the designation to be recorded in the San Mateo County recorder’s office.
(Ord. 1440 § 2, 2011)
(a) 
No building permit shall be issued for and no person shall carry out or cause to be carried out on a designated historic resource any material change through alteration, construction, relocation, or demolition without a certificate of alteration as approved by a majority of the commission.
(b) 
Any person who plans the demolition, construction, alteration, relocation or removal of an historic resource or part thereof shall first submit an application for a certificate of alteration, along with a fee in an amount as set forth in the master fee schedule as adopted by resolution of the city council. Copies of the plans for the proposed work shall accompany the application. An application shall be made on the prescribed form and shall be filed with the chief planner.
(c) 
Upon receipt of an application for a certificate of alteration, the matter shall be forwarded to the design review board for report and recommendation. The commission subsequently shall hold a public hearing. Notice of the time and place of the public hearing shall be given in the manner prescribed in Section 2.56.120.
(d) 
In evaluating an application for a certificate of alteration the commission shall consider, among other things, the purpose of this chapter and the historic value, architectural value and significance of the historic resource, as well as present and prospective effects or hardships upon the owners and occupants of the affected properties. The commission shall take into consideration the design review board’s report and recommendations, architectural features of the building or structure in question, the landscaping or natural features of the site in question, and the position of such buildings, structures or sites in relation to the street or public way and to other buildings, structures, or sites. The United States Secretary of the Interior’s Guidelines for Rehabilitation, available in the office of the chief planner, shall provide base criteria for evaluating proposed alterations to an historic resource.
(e) 
The commission may approve, conditionally approve or disapprove the application.
(f) 
No approval or conditional approval may be made unless the commission first finds that:
(1) 
The action proposed is consistent with the purposes of this chapter; and
(2) 
The action proposed will not be detrimental to a structure or feature having significance as an historic resource; or
(3) 
The applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property; or
(4) 
The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship because of conditions peculiar to the particular site or improvement.
(g) 
A final determination shall be rendered by the commission following completion of the hearing and discussion by the commission. Written findings may be adopted within thirty days.
(h) 
Action of the commission shall be deemed final, unless appealed. No certificate of alteration shall be issued until the time period for appeal has expired.
(i) 
The provisions of this section shall not apply to the following:
(1) 
Where an historic resource has been damaged by fire, earthquake or other act of God to the extent that it cannot be repaired or restored with reasonable diligence, and where demolition of such structure, natural feature or site is being undertaken with prior approval of the chief building official.
(2) 
Where, as determined by the chief building inspector, hazardous conditions exist and the hazardous conditions must be corrected immediately in the interest of the public health, safety and welfare.
(j) 
Any certificate of alteration which has been issued under the provisions of this chapter shall expire two years from the date of issuance if a building permit for the work authorized is not obtained within the time period.
(Ord. 1440 § 2, 2011)
(a) 
The commission may amend or rescind an historic resource designation. The procedure for amending or rescinding the designation shall be the same as for initial designation.
(b) 
Any natural act, accident or act of God which alters or destroys the integrity or the significance that is the basis for an historic resource designation may be grounds for amendment or rescission of the designation. Any introduction of new elements that are out of character with the property or its setting may be grounds for rescission of the designation.
(c) 
Change in ownership of an historic resource alone is not in and of itself sufficient grounds for amendment or rescission of the designation. Unusual circumstances, such as the destruction of a portion of the resource and the owner’s inability to reconstruct it, may be grounds for rescission of the designation of an historic resource.
(d) 
The commission may amend or rescind a designation, in whole or in part, when it deems it to be in the public interest to do so.
(e) 
When a designation has been amended or rescinded, the secretary of the commission shall cause notice of the change in designation to be recorded in the San Mateo County recorder’s office.
(Ord. 1440 § 2, 2011)
(a) 
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on an historic resource that does not involve a change in design or material or a substantial change in appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when the chief building inspector certifies to the commission that such action is required for public safety due to an unsafe condition which cannot be rectified through the uses of the State Historic Building Code, as set forth in Health and Safety Code Section 18950, et seq.
(b) 
The owner, occupant, or other person in actual charge of an historic resource, or part thereof, shall keep in good repair all of the exterior portions of such building(s) or structure(s), any of the interior portions specifically identified in the designation or certificate of alteration, and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
(Ord. 1440 § 2, 2011)
(a) 
All applications for a demolition permit for any structure or portion thereof which is included on the list of potential historic resources shall be subject to review. All such applications shall be accompanied by a photograph and shall be transmitted from the building division to the chief planner for review.
(b) 
The issuance of any demolition permit for a structure described in subsection (a) of this section may be postponed by the chief planner for a period not to exceed sixty days for the date of application for the demolition permit. During the period of postponement efforts shall be made to investigate, document and photograph the structure and explore possible alternatives to demolition.
(c) 
The sixty-day period may be waived by the chief building inspector where there is imminent danger to life, limb or health of the public which requires immediate demolition.
(Ord. 1440 § 2, 2011)
(a) 
The city council shall, prior to selling, giving away, disposing of or relinquishing its interest in any materials accepted by the city for the purpose of historic preservation, conduct a public hearing concerning its proposed actions.
(b) 
Notice of the public hearing shall be published ten calendar days in advance of the hearing required by subsection (a) of this section and shall specify the time, date and place of the hearing as well as identifying the items to be disposed of by the council.
(c) 
At the close of the hearing, the council may, in its sole discretion, order the disposition of the identified items. The council’s disposition order will become effective on the thirtieth day following the council action. All items ordered disposed shall be maintained until the council order becomes effective.
(Ord. 1440 § 2, 2011)
(a) 
The chief building inspector shall have the authority to enforce the provisions of this chapter, and may call upon the assistance of other city officials. Enforcement actions may include, but are not limited to, the issuance of corrective notices or stop work notices and the issuance of warnings or citations.
(b) 
The city attorney is authorized to institute any legal proceedings necessary to enforce the provisions of this chapter.
(c) 
Where not in conflict with the provisions of this chapter, other provisions of this code and of state law which govern the approval or disapproval of applications for permits or licenses shall apply, and shall be enforced as specified in those provisions.
(Ord. 1440 § 2, 2011)
Any person violating or failing to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Chapter 1.24 of this code.
(Ord. 1440 § 2, 2011)