San Francisco County Municipal Code Art. 5 Subdivision Requirements

Sec. 1335. Public Facilities. Sec. 1336. Utilities. Sec. 1337. Beautification. Sec. 1338. Recreation Facilities. Sec. 1339. Easements. Sec. 1340. Monuments. Sec. 1340.1. Monument Preservation. Sec. 1341. Low and Moderate Income Occupancy. Sec. 1341A. Suspension of Provisions of Section 1341 With Respect to Certain Applications. Sec. 1341B. Requirements for Resale of Converted Units On or After June 1, 1988. Sec. 1342. Sales Program. Sec. 1343. Reserved. Sec. 1344. Below Market Rate Condominium Conversion Program.

(a) Undergrounding of Utilities. All new utility lines shall be undergrounded as specified in Article 18 of the Public Works Code. (b) Street Trees and Landscaping. Trees planted along a public street, within the right-of- way, and all landscaping within said right-of-way shall conform to the requirements of Article 16 of the Public Works Code. In the case of all newly constructed subdivisions, the subdivider shall provide street trees and landscaping conforming to the policies of the Master Plan. Maintenance of said landscaping shall be the responsibility of the abutting property owners. Maintenance of street trees shall conform to the requirements of Article 16 of the Public Works Code. (c) Pedestrian and Streetscape Elements. Pedestrian and streetscape elements within any new publicly-accessible right-of-way shall conform with the policies and guidelines of the Better Streets Plan. (d) Open Areas. Where required pursuant to the Master Plan, the subdivider shall provide for the landscaping of open areas and the maintenance thereof. Such open areas shall be restric- ted to such use by recorded covenants which run with the land in favor of the future owners of the property within the subdivision. No such covenant shall be terminated without the consent of the Board. (Ord. 310-10, File No. 101194, App. 12/16/2010; amended by Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)

Recreation facilities provided in the subdivision for use by the residents shall be restricted to recreational use by recorded covenants as described in Section 1337(c) of this Code. Provisions shall be included in said covenants for maintenance of said facilities.

Easements for sanitary and drainage facilities, fire protection facilities and city-owned street lighting faciltities shall be for the exclusive use of such governmental facilities, with the right of immediate access to the facilities by the City.

(a) The location and installation of survey monuments shall conform to the standards in the Subdivision Regulations. When such

monuments are "tied" to the City or State monuments, for which coordinates of the California Coordinate System are available, the corresponding coordinates for such monuments shall be determined and recorded. (b) All survey monuments shall be installed prior to filing of the Final map or Parcel Map with the County Surveyor. In lieu thereof a monument bond shall be filed at that time. (Amended by Ord. 284-04, File No. 041355, App. 12/14/2004)

The County Surveyor is hereby authorized to use monies collected in Administrative Code Section 10.100-50 for the exclusive purpose of undertaking actions related to a retracement or remonument survey of major historical vertical or horizontal land division lines upon which later surveys are based. Historical vertical or horizontal land division lines include, but are not limited to, government section lines, rancho lines, grant lines, rancho section lines, acreage subdivision lot lines, and subdivision boundary lines within the City and County of San Francisco, including those areas subject to the Mission Bay Subdivision Code and Hunters Point Shipyard Subdivision Code. (Added by Ord. 258-05, File No. 051461, App. 11/17/2005)

RESPECT TO CERTAIN APPLICATIONS. (1) The provisions of Section 1341 shall not apply to applications for initial conversion of residential units filed on or after June 1, 1988. For purposes of this Section, initial conversion shall mean the first time the parcel containing the subject units is converted to condominiums. (2) The suspension of Section 1341 shall continue so long as the 200 unit annual conversion limit set forth in Section 1396 remains in effect. (Added by Ord. 257-88, App. 6/22/88)

OR AFTER JUNE 1, 1988. The provisions of this Section and its application to certain properties may be affected by amendments creating Section 1344. Please consult Section 1344 in addition to this Section for Units subject to the Below Market Rate Condominium Conversion Program. (1) This Section shall govern exclusively where the City and County of San Francisco, on or after June 1, 1988, exercises the right of first refusal under Section 1341(c) to repurchase converted units. This Section shall not apply, however, to any units which are the subject of an application for conversion filed on or after June 1, 1988. (2) The following definitions shall apply: (a) "Household" shall mean the person or persons who will permanently reside in the unit. Such persons shall include dependents as that term is defined in the Internal Revenue Code provided that said dependents permanently reside in the unit. (b) "Eligible household" shall mean a household in which the combined gross income plus 10 percent of the value of all interests in real estate, notes receivable, bank accounts, stocks and bonds does not exceed the maximum allowable income for the household under Subsection (d) below at the time of purchase of the unit. (c) "Gross income" shall mean all income from whatever source derived as provided in the Internal Revenue Code (26 USC 61), whether or not exempt from federal income tax. Such income includes, but is not limited to, the following: (1) Compensation for services, including fees, commissions, and similar items; (2) Gross income derived from business; (3) Gains derived from dealings in property; (4) Interest;

(5) Rents; (6) Royalties; (7) Dividends; (8) Alimony and separate maintenance payments; (9) Annuities; (10) Income from life insurance and endowment contracts; (11) Pensions; (12) Income from discharge of indebtedness; (13) Distributive share of partnership gross income; (14) Income in respect of a decedent; and (15) Income from an interest in an estate or trust. (d) "Maximum allowable income" shall mean 120 percent of the San Francisco Standard Metropolitan Statistical Area Median Income as published annually by the U.S. Department of Housing and Urban Development. The resulting figures may be adjusted upwards as necessary, not to exceed 15 percent, by the Director the Mayor's Office of Housing in order to assure that eligible households qualify for financing by institutional lenders. (e) "First-time buyer" shall mean a person who has not purchased any dwelling as a principal place of residence within the past three years as verified by federal tax returns for said three-year period. (3) The Mayor's Office of Housing shall be responsible for administering the resale of and reconveyance of units converted to condominiums under Sections 1341 and 1385 of this Code, including the exercise of the City's right-of-first-refusal as to sales following the first sale of the unit referred to in Section 1341(c). The Mayor's Office of Housing shall, whenever possible, reconvey converted units to purchasers who qualify as eligible households. The Mayor's Office of Housing shall give preferential consideration to households with dependents and to first-time buyers. The Mayor's Office of Housing shall adopt a preferential rating system to accomplish this purpose. (4) All purchasers must become owner occupants. (Added by Ord. 257-88, App. 6/22/88; amended by Ord. 400-89, App. 11/6/89; Ord. 320-08, File No. 080520, App. 12/19/2008)

The sales program shall promote affirmative action in housing. The following aspects shall be included in the sales program: (a) All sales and sales-related personnel for the project shall be trained in affirmative action sales policy and fair housing laws. (b) An adequate part of the sales program shall be advertising designed to attract qualified minority buyers. (c) If a waiting list is used, there shall be a public written statement of procedure as to how it is used. (d) The sales program and sales procedures shall not have the effect of excluding or discriminating against any person on the basis of race, religion, national origin, sex or any other basis prohibited by law. (e) Adequate records shall be maintained by the subdivider and made available to the Director of the Human Rights Commission during the period the subdivision is controlled by the subdivider, in order to show that such an affirmative action sales program is being carried out. Said reports shall be made in accordance with the Subdivision Regulations.

(Amended by Ord. 168-86, App. 5/16/86; Ord. 257-88, App. 6/22/88; Ord. 400-89, App. 11/6/89; Repealed by Ord. 320-08, File No. 080520, App. 12/19/2008)