San Francisco County Municipal Code Art. IV Leases When City Is Landlord

Sec. 23.30. Lease of Real Property. Sec. 23.31. Year-to-Year or Shorter Leases. Sec. 23.32. Advisory Review by Director of Property. Sec. 23.33. Competitive Bidding Procedures. Sec. 23.34. Lease Reporting. Sec. 23.35. Re-Lease Real Property to Existing Tenant on a Negotiated Basis. Sec. 23.36. Lease of Real Property under Recreation and Parks Commission and Public Utilities Commission Jurisdiction. Sec. 23.37. Real Estate Department to Collect Rents.

Sec. 23.38. Agreements for Private Use of City Property; Possessory Interest Taxes. Sec. 23.39. Taxable Possessory Interests in Tax-Exempt Real Property; Report of Agreement and Change of Ownership or Extension of Agreement. Sec. 23.40. Sale or Lease of Park Land; Use of Certain Park Land for the Construction of Water Quality and Sewerage Facilities. Sec. 23.41. Transfer of Park and Other Lands to the National Park Service of the United States Department of the Interior. Sec. 23.42. Prohibition on Leasing of City-Owned Land for the Extraction of Fossil Fuels.

If any department in charge of City-owned Real Property requests the Director of Property to Lease City-owned Real Property, the Director of Property shall have the authority to enter into the following Leases on behalf of the City as Landlord: (a) on a year-to-year or shorter tenancy, where such Real Property has a fair market rental value of $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. In addition, where, in the opinion of the Director of Property, the Leasing of such Real Property for landscaping or gardening serves a public purpose, the Director of Property may Lease

such Real Property at a nominal rental, on a year-to-year or shorter tenancy, and on such other terms and conditions as the Director of Property may require. Within 10 days after entering into any Lease under this Section 23.31, the Budget and Finance Committee of the Board of Supervisors shall be notified by the Director of Property as to the terms and conditions of such Leases. (Added as Sec. 23.22; amended by Ord. 323-86, App. 8/8/86; Ord. 284-90, App. 7/24/90; 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. 23.31 redesignated as Sec. 23.50 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Notwithstanding any other provision in this Chapter, where the City Acquires Real Property which at the time of Acquisition is under a Lease to a tenant from the previous owner, the Director of Property may, subject to the approval by resolution of the Board of Supervisors, upon expiration of such Lease, negotiate at a fair market rental a new Lease for such Real Property with the same tenant on a term designated by the Board of Supervisors, until such time as required for the purposes of the department in charge of such Real Property. (Added by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.35 redesignated as Sec. 23.54 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

PUBLIC UTILITIES COMMISSION JURISDICTION. In addition to the delegation of authority set forth in Sections 4.112, 4.113, 4.114, 4.115, and B3.581 of the Charter and by Section 2A.173 of this Code, (i) pursuant to Charter Section 4.113, the Recreation and Parks Commission shall have the power to Lease Real Property under its jurisdiction subject to approval by the Board of Supervisors as required by Charter Section 9.118 and any other applicable provision of the Charter or this Code, and (ii) pursuant to Charter Section 4.112, the Public Utilities Commission shall have exclusive power to Lease Real Property under its jurisdiction, subject to approval by the Board of Supervisors as required by Charter Section 9.118 and any other applicable provision of the Charter or this Code. (Added by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.35 redesignated as Sec. 23.55 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

The Real Estate Department is authorized and directed to collect all rents due under Leases of City-owned Real Property, except as otherwise provided in the Charter or this Code. All moneys received by the Real Estate Department in payment of rents shall be deposited in the proper funds to the credit of the various departments having control of the City-owned Leased Real Property. (Added by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.37 redesignated as Sec. 23.56 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

An owner of Real Property adjoining Real Property of the City may request that the City consent to openings in building walls on the owner's Real Property that are closer to the common property line than the distances prescribed in the San Francisco Building Code by filing with the Director of Property an original and two copies of a written application, together with plans, specifications and other supporting documents, and paying the required application fee. Upon such filing, the Director of Property shall investigate the application and consult with the department that has jurisdiction over the Real Property. Copies of the application and its supporting documents shall be delivered by the Director of Property to the Department of City Planning and the Bureau of Building Inspection for review and comment as that department and that bureau may deem appropriate. If the department having jurisdiction over the Real Property approves and the Director of Property concludes that it is in the best interest of the City to give the requested consent, the Director of Property is authorized to approve and execute a lot line window agreement which complies with all of the provisions of this Article. (Formerly Sec. 23.27; added by Ord. 559-85, App. 12/27/85; amended and renumbered by Ord. 15-01, File No. 001965, App. 2/2/2001)

The application fee which is to accompany each application shall be $2,500 unless changed by appropriate action of the Board of Supervisors. If the Director of Property determines, after his investigation of the application, that the application fee is inadequate to cover the cost of preparing and processing an agreement, the Director of Property shall notify the building owner of the additional amount that is required. The additional amount shall be paid by the building owner as a prerequisite to preparation and processing of an agreement by the Real Estate Department. The Real Estate Department is authorized to collect the fees due under lot line window agreements and shall deposit such fees to the credit of the department having jurisdiction over the City's Real Property. The application fees and any additional amounts required to cover the cost of preparing and processing agreements shall be deposited to the credit of the Real Estate Department. (Formerly Sec. 23.30; added by Ord. 559-85, App. 12/27/85; amended and renumbered by Ord. 15-01, File No. 001965, App. 2/2/2001)