Article 3 — GENERAL PROCEDURAL PROVISIONS

• (a) The Director of Public Works is hereby continued as the Advisory Agency.

• (b) All maps, plans and reports required by this Code shall be filed with the County Surveyor. (Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

(a) The County Surveyor and the City Engineer, with the assistance of other City agencies, shall prepare and publish the Subdivision Regulations, including amendments thereto, needed to supplement this Code.

(b) Such Regulations, including amendments thereto, shall be adopted by the Director after holding a public hearing. The decision of the Director in adopting the Subdivision Regulations, including amendments thereto, shall be final.

(Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

(a) Upon application by the subdivider, the Director may authorize exceptions to any of the substantive requirements set forth in this Code and in the Subdivision Regulations.

(b) Before granting any such exception in whole or in part, the Director shall hold a public hearing on the requested exception. Furthermore, he must find:

(1) That there are unusual circumstances or conditions affecting the property;

(2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(3) That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the area in which said property is situated; and

(4) That the granting of such exception has been determined by the City Planning Commission to be consistent with the Master Plan, after said Commission has held a public hearing.

(c) In granting any such exception, the Director shall designate the conditions under which the exception is granted.

(a) Other than with respect to an application for a conversion including one or more residential units, the Director shall give notice in the following manner to the public and interested parties of each application for a Tentative Map, or for a Parcel Map for which a Tentative Map is not required. If the application is for a vesting tentative map, the notice shall so state.

Notice of the Director's receipt of the application shall be mailed or delivered to any person who has filed a written request for notice with the Director's office.

(b) The Department of City Planning shall publish, and shall give to the same persons and agencies as entitled to notice under Subsection (a), notice of any Planning Commission hearing on a proposed subdivision and shall also give similar notice to any tenants if the property is proposed to be converted. If the application is for a vesting tentative map, the notice shall so state.

If the Director is required under Section 1312 or elects to hold a public hearing with respect to an application, he or she shall give notice not less than 10 days prior to the hearing date as provided in Subsection (a) of this Section. If the application is for a Conversion, he or she shall also notify each tenant of the property proposed for Conversion

(d) Other than applications for a Conversion which includes one or more residential units, all applications for a Tentative Map or for a Parcel Map for which a Tentative Map is not required, shall include, in addition to all other information required:

(1) A list of the names, assessor's lot and block numbers and mailing addresses of all those shown in the last equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided.

(2) A 300-foot radius map delineating all the properties described in Subsection (c)(1).

(3) One stamped envelopes preaddressed to each or the listed property owners, suitable for mailing notice of the application and of any hearing or appeal thereon. Blank Department of Public Works envelopes will be furnished to a proposed subdivider on request. Unused envelopes will be returned to the proposed subdivider on request.

(e) Any Department hearing required under Section 1312 or permitted by this Code may, at the discretion of the Director, be held jointly with the Department of City Planning.

(f) The provisions of this Section shall be superseded by those of any amendment to California Government Code Sections 65090 or 65091, or to any provision of the SMA, should the amended provisions require additional notice. (Amended by 576-85, App. 12/27/85; Ord. 283-08, File No. 081235, App. 12/5/2008)

(a) The proposed subdivider, or any interested party may appeal to the Board from a final decision of the Director approving, conditionally approving, or disapproving a Tentative Map, or a Parcel Map for which a Tentative Map is not required. Any such appeal must be filed in writing with the Clerk of the Board within 10 days of release of the decision appealed, and must be accompanied by the fee specified in Section 1315 (b) of this Code.

(b) The Director shall mail or deliver to the proposed subdivider, any tenant in a property for which a Conversion is proposed, and any person who owns property within 300 feet of a proposed subdivision, other than a Conversion for

which a Tentative Map is not required, notice of: (1) his or her decision on any Tentative Map, or Parcel Map for which a Tentative Map is not required, and of any conditions which may have been incorporated in a conditional approval; (2) the right to appeal the Director's decision; and (3) the availability for examination of the Director's report.

(c) With respect to appeals under this Section, the Board shall schedule a hearing on the appeal to be held within 30 days after the appeal has been filed, and shall give notice as provided in Section 1313 (a)(1) and to the persons entitled to notice of the Director's decision under Section 1314 (b). The Board also shall publish notice of the hearing in at least one newspaper of general circulation within the City and County of San Francisco. (Amended by Ord. 427-85, App. 9/12/85; Ord. 283-08, File No. 081235, App. 12/5/2008)

(a) Fees, payable to the Department of Public Works, shall be charged for checking and processing the maps, plans and reports, lot line adjustments, certificates of compliance, amended maps, records of survey, certificates of correction, and other actions and procedures set forth in California Government Code Section 66451.2. Said fees shall be due at the time of filing an application. Failure to pay such fees shall result in a return of the application as incomplete to the applicant. The fee schedule is as follows:

• (1) Air Space (four lots or less) is $16,969.79 with a fee of $500 for each additional lot;

• (2) Lot Subdivision “Final Map”, including Vesting Tentative/Final Subdivision Map, and whether condominium conversion or new construction of five or more units or lots is $16,651.90;

• (3) Condominium Conversion of four units or less is $16,452.18;

• (4) Parcel Map new construction of four lots or1 is $15,335.44;

• (5) Lot Merger Re-subdivision is $6,943.00;

• (6) Amended Map is $5,337.92;

• (7) Lot Line Adjustment is $5,337.92;

• (8) Lot Merger is $2,581;

• (9) Certificate of compliance is $4,222.36;

• (10) Certificate of correction is $4,222.36;

• (11) Record of survey is $1,010.39;

• (12) Survey Monument Setting is $3,100;

• (13) Corner Record is $35.03;

• (14) Incomplete Application Submittal is $295.44;

• (15) Project Application reinstatement is $1,027.60;

• (16) Sidewalk Width Change or Street Vacation, minimum per block or less is $4,043.46; and

• (17) Other actions not specified above, shall be based on actual costs that the Department incurs in administering

and processing the action or procedure and shall be charged on a time and materials basis. The Department shall provide the applicant with a written estimate of said costs at the time of application, and the applicant shall pay such fees prior to the time that the application is deemed complete. To the extent that the estimated fees do not cover actual costs, any outstanding amount due shall be a condition of the Department’s final decision on the action or procedure. To the extent that the estimated fees exceeded the actual costs, the Department shall refund the excess amount to the applicant within a reasonable period after the Department’s final decision on the action or procedure.

• (b) A fee of $250 shall be charged to defray costs of an appeal under Section 1314 of this Code.

• (c) Payment of fees charged under this Code does not waive the fee requirements of other ordinances and rules and regulations pursuant thereto.

(d) There is hereby created a Subdivision Fund wherein all funds received under the provisions of this Section 1315 shall be deposited. All expenditures from the Fund shall be for engineering or technical investigations and equipment directly related to the checking and processing of the maps, plans, reports, and parcel map waivers filed under this Code, and all such expenditures are hereby appropriated for said purposes.

(e) Additional Fees.

(1) In instances where administration or processing of any application, action, or procedure is or will exceed the fee amount established pursuant to subsection (a), the Director, in the Director’s discretion, may require an applicant or permittee to pay a sum in excess of the subject fee amounts. This additional sum shall be sufficient to recover actual costs that the Department incurs and shall be charged on a time and materials basis. The Director also may charge for any time and materials costs that other agencies, boards, commissions, or departments of the City, including the City Attorney’s Office, incur in connection with the processing or administration of a particular application, action, or procedure. Whenever additional fees are or will be charged, the Director, upon request of the applicant or permittee, shall provide in writing the basis for the additional fees or an estimate of the additional fees to be charged.

(2) DBI Review Fee. A subdivision fee listed in Building Code Section 110A Table 1A-J shall be charged for each action specified above that the Department of Building Inspection reviews. This fee is in addition to the fees specified above and shall be paid separately at the time of application.

(f) Beginning with fiscal year 2006-2007, the fees which are established herein may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Director shall submit the Department’s current fee schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which the fee is charged and (b) the fees do not produce revenue that exceeds the costs of providing the services for which each permit fee is charged. Notwithstanding the procedures set forth in this Section, the Board of Supervisors, in its discretion, may modify the fees at any time.

(Amended by Ord. 427-85, App. 9/12/85; Ord. 142-89, App 5/3/89; Ord. 251-05, File No. 051460, App. 11/15/2005; Ord. 283-08, File No. 081235, App. 12/5/2008; Ord. 166-14 , File No. 140594, App. 7/31/2014, Eff. 8/30/2014; Ord. 126-25, File No. 250592, App. 8/1/2025, Eff. 9/1/2025; Ord. 142-25, File No. 250608, App. 8/1/2025, Eff. 9/1/2025) CODIFICATION NOTE

1. So in Ord. 142-25.

(a) Notwithstanding any other provisions of this Code, a subdivider shall be eligible to submit an application for separate sale and conveyance of Accessory Dwelling Units (“ADUs”) and associated primary residences that satisfy the requirements of this Section 1316 and/or include said ADUs in a condominium map application for a project approved pursuant to Planning Code Section 207.4. For purposes of this Section 1316, primary residence shall mean the whole of an existing or new residential structure or complex, which may contain one or more individual dwelling units. Applications under this Section 1316 shall be subject to the following requirements:

(b) Eligibility. ADUs are eligible for separate sale and conveyance under this Section 1316 if all of the following requirements are met:

• (1) The lot proposed for subdivision contains four or fewer existing individual dwelling units.

• (2) An application to construct the ADU was submitted on or after May 1, 2025.

• (3) The ADU is either:

(A) constructed on a property containing an existing single-family dwelling or existing condominiums, and such ADU (i) is detached from the existing dwelling or condominiums; (ii) is approved under the City’s statemandated, ministerial approval programs in Planning Code Section 207.2 or former Planning Code subsection 207(c) (6); and (iii) does not convert space within any existing structure; or

(B) constructed on a property containing a new proposed single-family home or new proposed condominium project, and such ADU is a newly-constructed, detached or attached ADU approved under the City’s state-mandated, ministerial approval programs in Planning Code Section 207.2 or former Planning Code subsection 207(c)(6).

(4) The unit is not a Junior ADU, as defined in Planning Code Section 102.

(c) All condominiums created from ADUs and associated primary residence under this Section 1316 shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the California Civil Code).

(d) All condominiums created from ADUs and associated primary residence under this Section 1316 shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of the California Government Code) and all objective requirements of this Code.

(e) Safety Inspection. Prior to the recordation of the condominium plan, a safety inspection of the ADU shall be conducted as evidenced either through a certificate of occupancy or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

(f) Lienholder Consent. Neither a subdivision map nor a condominium plan shall be recorded without each lienholder’s consent. A lienholder may refuse to give consent. A lienholder may also consent provided that any terms and conditions required by the lienholder are satisfied. Prior to recordation of the initial or any subsequent

modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the AssessorRecorder along with a signed statement from each lienholder that states as follows: “[Name of lienholder] hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” A lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:

• (1) The lienholder’s signature.

• (2) The name of the record owner or ground lessee.

• (3) The legal description of the real property.

• (4) The identities of all parties with an interest in the real property as reflected in the real property records.

• (5) The lienholder’s consent shall be recorded with the Assessor-Recorder.

(g) Notice. The City shall include the following notice on any ADU submittal checklist or public information that describes the requirements and permitting for ADUs, and shall include the following notice as part of the conditions of any ADU building permit or condominium plan approval:

“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the

condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:

• (a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.

(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.

(c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.”

(h) Notice to Utility Providers. If an ADU is approved for separate sale or conveyance as a condominium, the property owner shall notify providers of utilities, including water, sewer, gas, and electricity, of the creation of the condominium and any separate conveyance.

(i) Additional Requirements for Projects in Planned Developments. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the California Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the California Civil Code that includes an ADU authorized under this Section 1316 without express written authorization by the existing association. For purposes of this subsection 1316(i), written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the California Civil Code, and, if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

(Added by Ord. 113-25, File No. 241069, App. 7/11/2025, Eff. 8/11/2025)

(Former Sec. 1316 added by Ord. 161-01, File No. 010891, App. 7/9/2001; amended by Ord. 203-02, File No. 021503, App. 10/11/2002; repealed by Ord. 281-04, File No. 041353, App. 12/1/2004)

ARTICLE 4: TENTATIVE MAPS

Prior to filing a Tentative Map, the subdivider may elect to submit to the County Surveyor preliminary maps, plans and other data concerning a proposed subdivision. Within 14 days after the receipt of said material, the County Surveyor will hold a conference with the subdivider, City Planning and any other interested agencies to discuss the proposed subdivision. This procedure is optional and does not waive the requirements for filing a Tentative Map. (Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

The initial action in connection with the making of any subdivision for which a Tentative Map is required shall be the preparation of the Application Packet. Sections 1322 and 1323, and with respect to vesting tentative maps Sections 1333.2, of this Code cover the preparation of the component parts of said Application Packet. (Amended by Ord. 576-85, App. 12/27/85)

• (a) The Tentative Map shall be prepared by a registered civil engineer or a registered land-surveyor.

• (b) the Tentative Map shall contain the following data, in sufficient detail to enable the Director and other agencies to evaluate the proposed subdivision:

• (1) Title;

• (2) Explanatory Notes; and

• (3) Topographic Map of the proposed subdivision and adjacent lands showing the existing conditions and the proposed changes.

• (c) The Tentative Map shall conform to the Subdivision Regulations regarding detailed format and contents.

• (a) Statement. A written statement shall contain the following information:

• (1) Existing use or uses of the property, including whether or not there are existing tenancies and the conditions and terms thereof;

(2) Description of the proposed subdivision, including the number of lots or units, their sizes and intended uses, nature of the development, and the total area of the development represented by each use;

(3) The improvements proposed to be constructed or installed and the tentative schedule for the start and completion thereof;

• (4) Whether the subdivider intends to file a Final Map or a Parcel Map;

• (5) Description of variances and exceptions that are requested; and

• (6) Certification that the subdivider or his or her agent shall not retain any right, title or interest in any common

area or areas or facilities of the subdivision and its amenities, except those common areas in which the subdivider retains an individual interest by virtue of ownership of one or more of the units.

• (b) Environmental Evaluation Data. Data shall be supplied on the appropriate City Planning forms for an

Environmental Impact Evaluation or in appropriate format to satisfy requirements for environmental review under the California Environmental Quality Act.

(Amended by Ord. 337-79, App. 7/6/79)

(a) The Application Packet, together with the initial fee payment, shall be filed with the County Surveyor.

(b) The date of filing shall be the date when a complete Application Packet has been accepted by the County Surveyor.

(c) Upon date of filing the Application Packet shall become a Public Record.

(Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

Within three working days after the Application Packet has been filed with the County Surveyor, the County Surveyor shall forward copies to City Planning, the Bureau of Engineering, the Bureau of Building Inspection, the Human Rights Commission and other appropriate government agencies for their review. (Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

(a) The time limit for agency review shall 30 days from the date of receipt by said agency of a copy of the Application Packet.

(b) The time limit for agency review may be extended by mutual consent of the subdivider and the County Surveyor.

(Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

Each reviewing agency shall report, in writing, to the County Surveyor, with a copy to the subdivider, its findings on and recommendation for approval, conditional approval or denial of an Application Packet. City Planning's report shall include a finding on consistency with the Master Plan. The Bureau of Building Inspection's report shall include a finding on the necessity of a Preliminary Report.

(Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

Within six days after all agency reports have been received or after expiration of the review time limits or any mutually agreed extension thereof, the County Surveyor at his or her discretion may hold a subdivision conference to discuss the reports submitted. Written notice of such conference shall be sent to the subdivider, to all agencies who have submitted a report, and to other persons and organizations who have expressed an interest in the proposed subdivision.

(Amended by Ord. 427-85, App. 9/12/85; Ord. 284-04, File No. 041355, App. 12/14/2004)

(a) Whenever a subdivision conference is required, the County Surveyor shall submit to the Director a written report on the findings and recommendations discussed in the conference, attaching thereto copies of the reports from other agencies. A copy of said report shall be sent to each participant in the subdivision conference. Said report shall be submitted to the Director within four days after the subdivision conference.

(b) Whenever a public hearing is required, the County Surveyor shall submit to the Director, with a copy to the subdivider, a written report on the findings and recommendations received from the reviewing agencies, attaching thereto copies of the reports from said agencies. Said report shall be submitted within five days after expiration of the review time limits.

(Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

(a) Within 50 days after the filing of the Tentative Map, unless the time has been extended by mutual consent of the subdivider and the Director, the Director shall report in writing on said map to the subdivider. Said report shall approve, conditionally approve or disapprove the Tentative Map. If the map is disapproved, the report shall also state the reasons for disapproval.

(b) Copies of the Director's report shall be sent to all agencies that submitted a report and to the Board.

(a) The City Planning Commission shall hold a public hearing in the case of Conversions of five or more units which include one or more residential units. The City Planning Department shall give notice of such hearings as provided in Section 1313(b).

(b) Whenever a property is to be subdivided, the Department of City Planning shall report on the question of consistency of the subdivision with the Master Plan.

(c) The Director shall disapprove the proposed subdivision when the Department of City Planning finds that the proposed subdivision is not consistent with the Master Plan, subject to any decision on appeal by the Board of Supervisors.

(d) When the Department of City Planning finds, subject to any decision on appeal by the Board of Supervisors, or when the Board of Supervisors finds, that a proposed subdivision will be consistent with the Master Plan only upon compliance with certain conditions, the Director shall incorporate said conditions in his or her conditional approval of the proposed subdivision.

(Amended by Ord. 427-85, App. 9/12/85)