Article 1 — GENERAL PROVISIONS

This Chapter shall be known as the "Subdivision Code of the City and County of San Francisco."

(a) This Code is adopted pursuant to the Subdivision Map Act of California, Title 7, Division 2 of the Government Code, commencing with Section 66410 (hereinafter referred to as "SMA").

(b) Any amendments to SMA, adopted subsequent to the effective date of this Code, shall not invalidate any provisions of this Code. Any amendments to SMA that may be inconsistent with this Code shall govern.

(c) This Code shall govern in relation to all other ordinances of the City and County of San Francisco and rules and regulations pursuant thereto. In the event of any inconsistency or conflict between the provisions of this Code and other provisions of the Municipal Code, the most restrictive shall prevail.

(a) This Code is enacted to establish procedures and requirements for the control and approval of subdivision development within the City and County of San Francisco in accordance with SMA.

(b) This Code is enacted to encourage and ensure the development of subdivisions consistent with the objectives of the San Francisco Master Plan.

(c) Recognizing that, by their unique character and impact on the City's population and housing stock, condominium conversion subdivisions differ from other subdivisions, implementation of Subsections (a) and (b) of this Section requires the adoption of special requirements for conversions, the purposes of which are:

(1) To preserve a reasonable balance of ownership and rental housing within the City and County of San Francisco by providing for an annual limitation on the number of units which may be converted to condominiums in any year.

(2) To promote the meaningful expansion of homeownership opportunities for existing tenants and to prevent the displacement of existing tenants by requiring a high degree of tenant intent to purchase their rental units as a condition of approval.

(3) To reduce the impact of conversions on nonpurchasing tenants who may be required to relocate, by providing for procedures for notification and adequate time and assistance for relocation, and providing for the reimbursement of costs resulting from such relocation.

(4) To prevent the displacement of elderly and disabled tenants by assuring them of extended leases to remain in their units subsequent to conversion.

(5) To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase.

(6) To prevent the effective loss of the City's low or moderate income housing stock by requiring sales price limitations on those units proposed for conversion which are found to be part of the low or moderate income housing stock.

(7) To expand the supply of the City's low or moderate income housing stock by provision of a minimum of 10 percent low or moderate income housing units in any condominium subdivision, or by construction of an equivalent number of such units elsewhere, or by in-lieu payments into a City housing development fund.

(Amended by Ord. 337-79, App. 7/6/79; Ord. 161-01, File No. 010891, App. 7/9/2001; Ord. 281-04, File No. 041353, App. 12/1/2004)

When making any decision regarding the control or approval of subdivision development within the City and County of San Francisco which includes "dwellings" as defined in Chapter 87 of the San Francisco Administrative Code, the applicable City department or official shall comply with that Chapter which requires, among other things, that the applicable City department or official not base any decision regarding the development of "dwellings" in which "protected class" members are likely to reside on information which may be discriminatory to any member of a "protected class" (as all such terms are defined in Chapter 87 of the San Francisco Administrative Code). (Added by Ord. 308-99, File No. 990499, App. 12/3/99)

(a) This Code supplements SMA, prescribing rules, regulations and procedures authorized therein.

(b) The necessity for Tentative Maps, Final Maps and Parcel Maps shall be governed by this Section and SMA.

(c) For subdivisions creating five or more parcels or units, a Tentative Map and a Final Map or Parcel Map shall be required pursuant to this Code and SMA.

(1) A Tentative Map and a Final Map shall be required for all such subdivisions except those coming within the exceptions set forth in Section 66426 of SMA.

(2) A Tentative Map and a Parcel Map shall be required for all such subdivisions coming within the exceptions set forth in Section 66426 of SMA.

(d) For subdivisions creating fewer than five parcels or units, no Tentative Map shall be required except as provided in Section 1333.1(a) with respect to vesting tentative maps. In all subdivisions creating fewer than five parcels or units where the subdivider does not choose to file a vesting other Tentative Map, a Parcel Map containing the information specified by Section 1359 of this Code and SMA shall be required. Said Parcel Map shall be filed with the City Engineer and recorded according to the procedure set forth in Sections 1360 through 1364 of this Code.

(e) No Tentative Map, Final Map or Parcel Map shall be required for those specific types of subdivision exempted by Sections 66412 and 66428 of SMA; provided, however, that with respect to subdivisions described in Subsection (h) of Section 66412 of the SMA, certification pursuant to the provisions of Section 1397 must be obtained.

(f) The Director of Public Works shall waive the requirement of a Parcel Map for any improved or unimproved land shown on the latest equalized County assessment roll as contiguous units or parcels where the units or parcels have been subdivided legally and comply with the requirements as to lot width and area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection.

(Amended by Ord. 576-85, App. 12/27/85)

(a) It is unlawful for any person, firm, corporation, partnership or association to offer to sell or lease, contract to sell or lease, or sell or lease any subdivision or any part thereof until a Final Map or a Parcel Map thereof, in full compliance with the provisions of this Code and SMA, has been duly recorded in the office of the Recorder.

(b) All departments, officials and public employees of the City, vested with the duty or authority to approve or issue permits, shall conform to the provisions of this Code and shall neither approve nor issue any permit or license for use, construction, or purpose in conflict with the provisions of this Code. Any such permit or license issued in conflict with the provisions of this Code shall be null and void.

(c) Any subdivider, agent of a subdivider, successor in interest of a subdivider, tenant, purchaser, builder, contractor or other person who violates any of the provisions of this Code or any conditions imposed pursuant to this Code, or who knowingly submits incorrect information to endeavor to mislead or misdirect efforts by agencies of the City and County of San Francisco in the administration of this Code, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(d) The Director of Public Works shall have the authority to enforce this Code against violations thereof by any of the following actions:

(1) The Director may serve notice requiring the cessation or correction of any action in violation of this Code upon the subdivider, agent of the subdivider, successor in interest of the subdivider, tenant, purchaser, builder, contractor or other person who commits or assists in such violation;

(2) The Director may call upon the City Attorney to maintain an action for injunction to restrain or abatement to cause the correction of any such violation; and

(3) The Director may call upon the District Attorney to institute criminal proceedings in enforcement of this Code against any such violation.

(e) The current or former tenant or tenants of the property proposed for conversion may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages, and whatever other relief the Court deems appropriate. The prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the Court. The remedy available under this subsection shall be in addition to any other existing remedies which may be available to the tenant or tenants.

(Amended by Ord. 86-81, App. 2/20/81)

(a) If any Article, Section, subsection, paragraph, sentence, clause or phrase of this Code, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decisions shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each Article, Section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more Articles, Sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

(b) If the application of any provisions or provisions of this Code to any person, property or circumstances is found to be unconstitutional or invalid or ineffective in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy and the application of any such provisions to other persons, properties and circumstances shall not be affected.

(c) This Section shall apply to this Code as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.

(Amended by Ord. 163-75, App. 4/28/75)