San Francisco County Municipal Code Art. 1 General Provisions

Sec. 1400. Title. Sec. 1401. Authority and Mandate. Sec. 1402. Purposes. Sec. 1403. Scope. Sec. 1404. Enforcement. Sec. 1404.1. Certificate of Compliance. Sec. 1405. Severability.

SEC. 1400. TITLE.

This Chapter shall be known as the "Subdivision Code of the City and County of San Francisco for the Mission Bay Project Area" (hereinafter referred to as this "Code") and applies only to the areas designated as the Mission Bay North Redevelopment Project Area and the Mission Bay South Redevelopment Project Area (collectively the "Mission Bay Project Area"). (Added by Ord. 329-98, App. 10/30/98) SEC. 1401. AUTHORITY AND MANDATE. (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"), and repeals the Mission Bay Subdivision Code, adopted as Exhibit F to Ordinance No. 60-91, being the Mission Bay Development Agreement, to the extent, if any, not previously repealed by the termination of the Development Agreement, and repeals the Mission Bay Subdivision Regulations adopted by the Director on October 18, 1991, to the extent not previously repealed. (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) Subject to the procedures and requirements for development in the Mission Bay Project Area set forth in the Plans and Plan Documents, as defined in the Plans, this Code shall govern in relation to all other City regulations. Except as required by the SMA, in the event of any inconsistency or conflict between the provisions of this Code and the Plans or Plan Documents, the Plans and Plan Documents shall control. All applications for tentative Maps, Vesting Tentative Maps, Parcel Maps and Final Maps shall be consistent with the Plans and Plan Documents. (d) This Code and the regulations adopted pursuant to this Code shall apply to all subdivisions hereafter made entirely or partially within the Mission Bay Project Area. This Code shall be effective until the termination of the Plan, including any modifications or extensions thereof. Upon termination all the subdivisions in the Mission Bay Project Area shall be governed by the San Francisco Subdivision Code and applicable regulations unless otherwise specified. (Added by Ord. 329-98, App. 10/30/98) SEC. 1402. PURPOSES. (a) This Code is enacted to establish procedures and requirements for the control and approval of subdivision development within the Mission Bay Project Area of the City and County of San Francisco in accordance with SMA and the Plans and Plan Documents. (b) This Code is enacted to accomplish the following purposes in accordance with the procedures and requirements for the control and approval of development of the Project Area as set forth in the Plans and Plan Documents: (1) To provide policies, standards, requirements, and procedures to regulate and control the design and improvement of all subdivisions within the Mission Bay Project Area, and to ensure that all subdivisions are built to City standards consistent with the Plans and Plan Documents; (2) To assist in implementing the objectives, policies, and programs of the General Plan by ensuring that all proposed subdivisions, together with the provisions for their design and improvement, are consistent with the General Plan of the City; (3) To preserve and protect, to the maximum extent possible, the unique and valuable natural resources and amenities of the City's environment, including topographic and geologic features, open space lands, waterfront recreational areas, fish and wildlife habitats, historical and cultural places, and scenic vistas and attractions; and, to maximize the public's access to and enjoyment of such resources and amenities through the dedication or continuance of applicable easements thereto; (4) To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space; (5) To provide lots of sufficient size and appropriate design for the purposes for which they are to be used; (6) To provide streets of adequate capacity and design for anticipated uses and to ensure maximum safety for pedestrians and vehicles; (7) To ensure adequate access to each building site; (8) To provide sidewalks, and where needed, pedestrian ways, biking paths, and jogging trails for the safety, convenience, and enjoyment of the residents of new developments; (9) To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities needed for the public health, safety and convenience; (10) To provide adequate sites for public facilities needed to serve the residents of new developments;

(11) To ensure adequate financing of the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights-of- way and for the improvements therein needed to serve new developments; (12) To ensure that land is subdivided in a manner that will promote the public health, safety, convenience, and general welfare in conformance with the General Plan. (Added by Ord. 329-98, App. 10/30/98) SEC. 1403. SCOPE. (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 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 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 1433.1(a) for Vesting Tentative Maps and except where the Director deems a Tentative Map would be appropriate and the applicable City regulations for the subject property would permit development at a density such that the subject property, or any portion thereof, may be resubdivided in a manner which would ultimately permit five or more parcels on the subject property. In all other subdivisions creating fewer than five parcels or units, a Parcel Map containing the information specified by Section 1459 of this Code and SMA shall be required. Said Parcel Map shall be filed with the Director and recorded according to the procedure set forth in Sections 1460 through 1464 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 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. (g) Nothing herein shall preclude the approval and filing of Subdivision Maps for purposes of financing and conveyancing only as provided in Section 1412.1 herein. (Added by Ord. 329-98, App. 10/30/98) SEC. 1404. ENFORCEMENT. (a) It is unlawful for any person, firm, corporation, partnership or association to offer or contract to sell, lease, finance, or construct any building for sale, lease or financing on any parcel or parcels of real property for which a Final Map or a Parcel Map is required unless and until a Final Map or Parcel Map in full compliance with the provisions of this Code and SMA, has been duly recorded in the office of the Recorder. This section does not prohibit an offer or contract to sell, lease, or finance any parcel or parcels of real property where the sale, lease or financing is expressly conditioned upon the filing, approval and recordation of a Final or Parcel Map or where the SMA is inapplicable. (b) All departments, officials and public employees of the City, City agencies or the agency vested with the duty or authority to approve or issue permits, shall act consistent with the provisions of this Code, the Plans and the Plan Documents and shall neither approve nor issue any permit or license for use, construction, or purpose in conflict with the provisions of this Code, the Plans and the Plan Documents. Any such permit or license issued in conflict with the provisions of this Code, Plans and the Plan Documents shall be null and void. No conditions shall be imposed on or in connection with Tentative Maps, Vesting Tentative Maps, Parcel Maps or Final Maps, including improvements plans and improvement agreements, that conflict with the Plans and Plan Documents. (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 City agencies 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 shall have the authority to enforce this Code against violations thereof in accordance with Chapter 7, Sections 66499.30 et seq. of the SMA. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this Code or the SMA if it finds that development of the real property is contrary to the public health, safety or welfare. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property, with or without actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property. Whenever the City has knowledge that property has been divided in violation of the provisions of the SMA or this Code, the Director shall process a notice of violation and meet and confer with the owner pursuant to SMA Section 66499.36. (Added by Ord. 329-98, App. 10/30/98)

(a) Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property, may request the Director to determine whether the real property complies with the provisions of this Chapter and the SMA. The Director shall forward the request to the City Attorney for review. (b) Upon making a determination of compliance, the Director shall, in accordance with Section 66499-35 of the SMA cause a certificate or conditional certificate of compliance approved as to form by the City Attorney to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of the City regulations and the SMA. (c) A recorded Final or Parcel Map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (d) If the Director determines that the real property does not comply with the provisions of this Code or the SMA the Director shall issue a conditional certificate of compliance. In issuing a conditional certificate of compliance the Director may impose such conditions (including but not limited to filing an application for a corrected Tentative, Final or Parcel Map) as would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and which had been established at such time by this Code or the SMA. Where the applicant was the owner of record at the time of the initial violation of the provisions of this division or of local ordinances enacted pursuant thereto who by a grant of real property created a parcel or parcels in violation of this Code or the SMA, and that person is the current owner of record of one or more of the parcels which were created as a result of the grant on violation of this Code or the SMA, then the Director may impose any conditions which would have been applicable to a current division of the property. (Added by Ord. 329-98, App. 10/30/98) SEC. 1405. SEVERABILITY. (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, invalid or ineffective. (b) If the application of any provision or provisions of this Code to any person, property or circumstances is found to be unconstitutional, 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. (Added by Ord. 329-98, App. 10/30/98) ARTICLE 2:

DEFINITIONS

Sec. 1406. General. Sec. 1407. Government Agencies. Sec. 1409. Terminology.

SEC. 1406. GENERAL. Officials and agencies referred to in this Code and in SMA are officials and agencies of the City and County of San Francisco and the Agency, unless the contrary is either stated or implied. Capitalized terms unless separately defined in this Code have the meanings and content set forth in the Plans and Plan Documents. (Added by Ord. 329-98, App. 10/30/98) SEC. 1407. GOVERNMENT AGENCIES. (a) "Advisory Agency" and "Director" mean the Director of the City Department of Public Works. (b) "Agency" means the Redevelopment Agency of the City and County of San Francisco. (c) "Bureau of Engineering" means the City Bureau of Engineering of the Department of Public Works. (d) "City" means the City and County of San Francisco. (e) "City agencies" means the City and, where appropriate, all City departments, agencies, boards, commissions, and bureaus with subdivision or other permit, entitlement, review or approval authority or jurisdiction over any major phase or project in the Mission Bay Project Area or any portion thereof. (f) "City regulations" shall have the meaning given in the Plans. (g) "Clerk" means the Clerk of the Board of Supervisors for the City. (h) "County," "City," "City and County," "Municipality" and "Local Agency" mean the City and County of San Francisco. (i) "County Surveyor," "County Engineer" and "City Engineer" mean the Director and his staff. (j) "Department of Building Inspection" and "DBI" mean the City Department of Building Inspection. (k) "Department of Public Works" means the City Department of Public Works. (l) "Governing Body," "Legislative Body" and "Board" mean the City Board of Supervisors. (m) "Government agencies" means State, federal, regional or local governmental agencies, other than City agencies, having or claiming jurisdiction over all or portions of the Mission Bay Project Area or aspects of its development. (n) "Plan Documents" means the Plans and their implementing documents, including without limitation, this Code and regulations adopted hereunder, owner participation agreements, and the design for development. (o) "Plans" mean the Redevelopment Plan for Mission Bay North and the Redevelopment Plan for Mission Bay South. (p) "Planning Department" means the City Department of Planning. (q) "Planning Director" shall mean the City Director of Planning. (r) "Project Area" or "Mission Bay Project Area" includes all of the North Plan Area and all of the South Plan Area as described in the Mission Bay North Redevelopment Plan and the Mission Bay South Redevelopment Plan, respectively. (s) "Subdivider" or "applicant" shall mean the owner of real property, or the owner's authorized agent or representative, who applies for, or obtains, approval to subdivide such real property. (t) "Subdivision" shall mean, in accordance with Government Code Section 66424 and subject to the exclusions described in the SMA, including Government Code Section 66412, the division of any improved or unimproved land, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property

shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined in Section 1451(f) of the California Civil Code or a community apartment project, as defined in Section 1451(d) of the California Civil Code. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of lots. Subdivision does not include a lot line adjustment. (Added by Ord. 329-98, App. 10/30/98) SEC. 1409. TERMINOLOGY. (a) "Application packet" shall mean the Tentative Map together with all documents, statements and other materials that are required as attachments thereto. (b) "Final Map" shall mean a map prepared in accordance with Chapter 2, Article 2 of SMA and this Code, which map is designed to be placed on record in the office of the Recorder. (c) "Improvement plan" shall mean an engineering plan or a set of engineering plans showing the location and construction details of improvements. (d) "Parcel Map" shall mean a map prepared in accordance with Chapter 2, Article 3 of SMA and this Code, which map is designed to be placed on record in the office of the Recorder. (e) "Soil engineer" shall mean a qualified and duly licensed engineer, experienced in engineering geology, responsible for the soil engineering work outlined in this Code, including supervision, analysis and interpretation of field investigation and laboratory tests for a specific project; preparation of geological and soil engineering recommendations and specifications; and supervision of grading construction work. (f) "Standard Specifications" shall mean the Standard Plans and Specifications of the Bureau of Engineering, including any modifications thereof as set forth in the Plans, Plan Documents or Subdivision Regulations. (g) "Tentative Map" shall mean a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it; such a map need not be based upon an accurate or detailed final survey of the property. (h) "Vesting Tentative Map" shall mean a tentative map which has been filed, processed and approved in accordance with the Vesting Tentative Map Statute, Government Code Section 66498.1 et seq., and this Code and which shall have at the time of filing printed conspicuously on its face the words "Vesting Tentative Map." (Added by Ord. 329-98, App. 10/30/98)