San Francisco County Municipal Code Art. III Leases When City Is Tenant

Sec. 23.25. Director of Property to Make Leases. Sec. 23.26. Year-to-Year and Shorter Leases. Sec. 23.27. Execution of Leases; Appraisals and Appraisal Reviews; Resolution Authorizing Lease. Sec. 23.28. SFUSD Leases to the City Directly Serving the Public; Public Notice Required Prior to Termination or Expiration of the Lease.

(Added by Ord. No. 208 (1939); repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)

The Director of Property shall have the authority to enter into the following Leases on behalf of the City as tenant: (a) on a year-to-year or shorter tenancy where the consideration to be paid for the Lease is $15,000 or less per month, and (b) where the term of a Lease will not exceed 31 days, including without limitation month-to-month Leases. The Director of Property may include in any Lease authorized by this Section 23.26 an appropriate indemnity agreement for the purpose of providing for the City's occupancy or other use of such Real Property (including, without limitation, conducting environmental investigations and assessments), subject, however, to written approval as to form by the City Attorney and written recommendation by the head of the department concerned. The Director of Property shall determine the rental or other consideration to be paid for all such Real Property and shall obtain from the Controller written certification that funds are available for such Lease. The department concerned shall give written notice to the Director of Property when such Lease is terminated by the City. (Added as Sec. 23.19 by Ord. No. 208 (1939); amended by Ord. 25-83, App. 1/14/83; Ord. 284-90, App. 7/24/90; Ord. 253-95, App. 8/10/93; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 103-16 , File No. 160361, App. 6/24/2016, Eff. 7/24/2016) (Former Sec. 23.26 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)

(Added by Ord. 355-98, App. 12/11/98; repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)

AUTHORIZING LEASE. Except as otherwise provided by the Charter, Administrative Code Sections 21B.3 or 23.26, or other provision of this Code, the Board

of Supervisors shall approve all Leases on behalf of the City as tenant by resolution. Before adoption, the head of the department concerned shall recommend any such resolution for approval by the Board of Supervisors and the Director of Property shall determine the Market Rent of such Lease based on a review of available and relevant data. If the consideration to be paid by the City for the Lease as base rent is more than $45 per square foot per year, the Director of Property, on behalf of the department concerned, shall obtain an Appraisal for the Market Rent of the Lease. If the consideration to be paid by the City for the Lease as base rent is more than $60 per square foot per year, the Director of Property, on behalf of the department concerned, shall obtain an Appraisal Review for such Appraisal. Any Appraisal or Appraisal Review shall have an effective date of value that is not earlier than nine months before the date legislation for the proposed Lease is submitted to the Board of Supervisors. All such Leases shall be executed by the Director of Property or as otherwise directed by resolution of the Board of Supervisors. (Added as Sec. 23.20 by Ord. No. 208 (1939); amended by Ord. 113-96, App. 3/13/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 103-16 , File No. 160361, App. 6/24/2016, Eff. 7/24/2016; Ord. 10-25, File No. 250040, App. 2/12/2025, Eff. 3/15/2025) (Former Sec. 23.27 redesignated as Sec. 23.45 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

REQUIRED PRIOR TO TERMINATION OR EXPIRATION OF THE LEASE. (a) Whenever the City leases property from the San Francisco Unified School District ("the School District") and the City uses the property in a manner directly serving the public, such as for a public parking area or an athletic field, the notification provisions of subsection (b) shall apply. (b) Not less than 30 days prior to the termination of the lease by the School District, or the expiration of the lease if the parties do not renew the agreement, the City department having jurisdiction over the subject property under the lease shall cause notice of the proposed action be given as follows: (1) Notice shall be posted on the subject property in accordance with the requirements established by the Zoning Administrator under Planning Code Sections 311 and 312. (2) Written notice of the termination or expiration of the lease shall be mailed to all owners and, to the extent practicable, occupants of properties within 150 feet of the subject property in the same Assessor's Block and on the block face across from the subject property. When the subject property is a corner lot, the notification area shall further include all property on both block faces across from the subject property, and the corner property diagonally across the street. The latest City-wide Assessor's roll for names and addresses of owners shall be used for such notice. (3) Written notice of the termination or expiration of the lease shall also be mailed to persons or organizations that have indicated an interest in the subject property or its area by including their names on a list maintained by the Planning Department. (c) The notification requirements of subsection (b) shall also apply when the City uses or controls School District property by virtue of a permit, license, or similar agreement other than a lease. If the City itself receives less than 45 days notice from the School District of the termination or expiration of a lease or other agreement, the City department having jurisdiction over the subject property under the lease or other agreement shall provide the notice required under subsection (b) to the extent reasonably possible under the circumstances. (Added by Ord. 159-07, File No. 070411, App. 7/3/2007)