San Francisco County Municipal Code Div. 4 Treasure Island and Yerba Buena Island Subdivision

CODE Sec. 1700. Title. Sec. 1701. Authority and Mandate. Sec. 1702. Purposes. Sec. 1703. Scope. Sec. 1704. Enforcement. Sec. 1704.1 Certificate of Compliance. Sec. 1705. Severability. Sec. 1706. General. Sec. 1707. Terminology. Sec. 1710. Advisory Agency. Sec. 1711. Subdivision Regulations. Sec. 1712. Exceptions. Sec. 1712.1. Conveyancing or Finance Maps. Sec. 1712.2. Lot Line Adjustments. Sec. 1713. Notice and Hearing. Sec. 1714. Appeals. Sec. 1715. Fees. Sec. 1720. Pre-filing Conference. Sec. 1721. Application Packet. Sec. 1722. Tentative Map and Accompanying Documents. Sec. 1724. Filing. Sec. 1725. Referral to Other Agencies. Sec. 1726. Time Limit for Agency Review. Sec. 1727. Agency Reports. Sec. 1728. Subdivision Conference. Sec. 1729. Director's Consolidated Report. Sec. 1730. Conditions.

Sec. 1731. Action: Advisory Agency's Decision. Sec. 1732. General Plan Consistency Determination. Sec. 1733. Vesting Tentative Maps. Sec. 1733.1. Vesting Tentative Map. Sec. 1733.2. Vesting Tentative Map Requirements. Sec. 1733.3. Rights Conveyed. Sec. 1733.4. Vesting Tentative Map – Inconsistency with Ordinances and Other Standards. Sec. 1734. TIDA Review and Approval of Subdivision Maps. Sec. 1735. Public Facilities. Sec. 1736. Utilities. Sec. 1737. Beautification. Sec. 1738. Parkland Dedication. Sec. 1739. Easements. Sec. 1740. Monuments. Sec. 1745. General. Sec. 1746. Improvement Plans. Sec. 1747. Construction. Sec. 1748. Failure to Complete Improvements Within Agreed Time. Sec. 1749. Inspection and Testing Fees. Sec. 1749.1. Revision to Approved Plans. Sec. 1751. Improvement Agreement. Sec. 1751.1. Completion of Improvements. Sec. 1751.2. Acceptance of Improvements. Sec. 1755. Time Limit for Submittal. Sec. 1755.1. Final Maps Showing Only Portions of Tentative Map. Sec. 1756. Final Map. Sec. 1757. Certificates and Statements on Final Map. Sec. 1758. Parcel Map. Sec. 1759. Check Prints. Sec. 1760. Map Check. Sec. 1761. Filing. Sec. 1762. Submittal to Board. Sec. 1763. Recordation. Sec. 1764. Correction and Amendments of Map. Sec. 1770. Security for Improvements. Sec. 1771. Monument Bonds. Sec. 1772. Payment of Taxes and Liens.

[ARTICLE 1: GENERAL PROVISIONS]*

This Chapter1 shall be known as the "Subdivision Code of the City and County of San Francisco for Treasure Island and Yerba Buena

Island" (hereinafter referred to as this "Code") and applies only to the areas designated in the Development Agreement between the City and County of San Francisco and Treasure Island Community Development, LLC Relative to Naval Station Treasure Island (the "Development Agreement") as the Project Site (hereinafter referred to as the "Treasure Island and Yerba Buena Island Project Site"). (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011) CODIFICATION NOTE

1. So in Ord. 99-11; should be "Division."

Officials and agencies referred to in this Code and in the SMA are officials and agencies of the City and County of San Francisco and TIDA, 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 Project Documents. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Director is the Advisory Agency for all purposes hereunder and under the SMA. (b) All maps, plans and reports required by this Code shall be filed with the Director. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Director, with the assistance of other City Agencies, shall prepare and publish the Treasure Island and Yerba Buena Island Subdivision Regulations ("Subdivision Regulations") needed to implement and supplement this Code in accordance with the SMA, this Code, the Project Documents and City Regulations. Subdivision Regulations may be adopted to apply to all or part of the Treasure Island and Yerba Buena Development Project Site. (b) Such Subdivision Regulations shall be adopted or amended by the Director after holding a public hearing. Prior to the decision of the Director to amend or adopt the Subdivision Regulations, TIDA shall find such regulations consistent with the DDA. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

"Lot line adjustment" shall have the meaning as described in Government Code Section 66412. Applications for lot line adjustments shall be considered by the Director consistent with the provisions of Government Code Section 66412. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The proposed Subdivider, or any person, 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 the date of the decision appealed, and must be accompanied by the fee specified in this Code. (b) The Director shall mail or deliver to the proposed Subdivider, and any person who owns property within 300 feet of a proposed subdivision, notice of: (1) his or her decision, and the findings in support of such 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 1713(a), and to the persons entitled to notice of the Director's decision under Section 1714(b). (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Prior to filing a Tentative Map, the Subdivider may elect to submit to the Director preliminary maps, plans and other data concerning a proposed subdivision. Within 14 days after the receipt of said material, the Director will hold a conference with the Subdivider, Planning Department and any other interested agencies, including TIDA, to discuss the proposed subdivision. This procedure is optional and does not waive the requirements for filing a Tentative Map. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

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, Section 1722, and with respect to Vesting Tentative Maps Sections 1733.1 and 1733.2, of this Code and the Subdivision Regulations adopted thereunder cover the preparation of the component parts of said Application Packet. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Application Packet, together with the initial fee payment, shall be filed with the Director. (b) The date of filing shall be the date when a complete Application Packet has been accepted by the Director. (c) The Director shall determine whether an Application Packet is complete and notify the Subdivider within 30 days of the date of the submittal of the Application Packet. If the Director determines that the Application Packet is not complete, the notice to the Subdivider shall list all of the information necessary to comprise a complete application. Without limiting the foregoing, an Application Packet shall not be determined to be complete unless and until there has been a major phase approval given by TIDA under the DDA that covers the property that is the subject of the Application Packet. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Within three working days after a complete Application Packet has been filed with the Director, the Director shall forward copies to TIDA, the Planning Department, the Bureau of Engineering, the Department of Building Inspection, the SFMTA, the Public Utilities Commission, the City Attorney and other appropriate Government Agencies and City Agencies for their review. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The time limit for Government Agencies and City Agencies review shall be 30 days from the date the Director determines that an Application Packet is complete. (b) The time limit for Government Agencies and City Agencies review may be extended by mutual consent of the Subdivider and the Director. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Each reviewing agency shall report, in writing, to the Director its findings on and recommendation for approval, conditional approval or denial of an Application Packet subject to and in accordance with the SMA, the Project Documents and City Regulations. The Subdivider may request from the Director, and shall be provided with, any or all copies of such findings and recommendations. The Planning Department's report shall include a finding on consistency with the General Plan. TIDA's report shall include a finding of consistency with the DDA and any applicable Vertical DDA. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

No later than five days after expiration of the review time limits set forth in Section 1726, the Director at his or her discretion may hold a subdivision conference to discuss the map application, unless the Subdivider has requested a conference or has filed a notice of intent to file multiple Final Maps, in which case the conference is mandatory. Written notice of such conference shall be sent to the Subdivider, and to all agencies that will be submitting or have already submitted a report on the Application Packet. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Whenever a subdivision conference is held, the Director shall prepare a written report on the findings or recommendations discussed in the conference, attaching thereto copies of the reports from, or comments made at the subdivision conference by, other agencies. A copy of said report shall be sent to each participant in the subdivision conference. Said report shall be prepared by the Director within five working days after the subdivision conference but in no event less than five days prior to any public hearing on the subject map. (b) Whenever a public hearing is required or the Director elects to hold a public hearing, the Director shall provide to the Subdivider the Director's report or recommended findings and the findings and recommendations received from the reviewing agencies. Said information or report shall be submitted within five working days after expiration of the review time limits. Said information or report shall be made available to the public prior to the public hearing. In the event a subdivision conference is required, a public hearing shall be held after such conference, no earlier than five days following preparation of the Director's report thereon, and within the time periods set forth in the SMA. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Within 50 days after the filing of a complete application for the Tentative Map, unless the time has been extended by mutual consent of the Subdivider and the Director, the Director shall take action on the map application by approving, conditionally approving or disapproving the Tentative Map. If the map is disapproved, the Director shall also state the reasons for disapproval. (b) Copies of the Director's decision shall be sent to all agencies that submitted reports to the Board and to the public as set forth in Section 1714. (c) The City shall comply with all time limitations and requirements for processing subdivision maps in the SMA, including, without limitation, those in Government Code Section 66452.4. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Whenever a property is to be subdivided, the Planning Department shall report on the question of consistency of the subdivision with the General Plan and TIDA shall report on consistency with the DDA and any other applicable Project Documents. (b) The Director shall approve, conditionally approve, or disapprove the proposed subdivision, consistent with the SMA, subject to any decision on appeal by the Board of Supervisors. (c) When the Planning Department or TIDA 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 Project Documents or City Regulations only upon compliance with certain conditions, the Director shall incorporate said conditions in his or her conditional approval of the proposed subdivision.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Vesting Tentative Transfer Maps. (1) Whenever a provision of this Code allows for filing of a Transfer Map, the Subdivider may file a Vesting Tentative Transfer Map and Final Map. (2) Except as otherwise provided in Section 1733.2 and 1733.4 of this Code, a Vesting Tentative Transfer Map shall be subject to the same procedures, requirements, and other Code provisions as a Transfer Map. (b) Vesting Tentative Maps for Development Purposes. (1) Whenever a provision of this Code requires that a Tentative Map or Parcel Map be filed, the Subdivider may file instead a Vesting Tentative Map and Final Map. (2) Except as otherwise provided in Sections 1733.2 through 1733.4 of this Code, a Vesting Tentative Map shall be subject to the same procedures, requirements and other Code provisions as any other Tentative Map. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Subsections 1733.1 through 1733.3 relate only to conditions and requirements imposed by the City and do not affect the obligation of a Subdivider to comply with the conditions and requirements of State or federal laws, regulations or policies. (b) Notwithstanding any other provision of this Code, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies or standards applicable under Section 1733.3(a) and (b), and the City may grant such approvals or issue such permits to the extent consistent with the Project Documents and City Regulations. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Subdivider shall provide or cause to be provided a water system, connected to the San Francisco Public Utilities Commission’s water distribution system as well as all other required public facilities as set forth in the Project Documents and City Regulations. The Subdivider shall also provide or cause to be provided electric, gas and communication services connected to the appropriate public utility’s distribution system. The Subdivider shall provide or cause to be provided sanitary, drainage and recycled water facilities consistent with the Project Documents and City Regulations, which facilities, when connected to City facilities, will serve adequately all lots, dedicated areas and all other areas comprising the subdivision. (b) Communications Services. The design of a subdivision for which a tentative map or parcel map is required under this Code shall provide for communications services, including, but not limited to, video, telephone, and telecommunication services, from communications services providers to each parcel in the subdivision as set forth in Section 1336 of this Code. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011; amended by Ord. 35-17, File No. 161165, App. 2/17/2017, Eff. 3/19/2017)

(a) Undergrounding of Utilities. All new permanent 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 the Project Document and City Regulations, including Article 16 of the Public Works Code to the extent that Article 16 is consistent with the Project Documents. In the case of all newly constructed subdivisions, the Subdivider shall provide street trees and landscaping conforming to the policies of the Project Documents and City Regulations.

Maintenance of Street Trees shall also conform to the requirements of Article 16 of the Public Works Code. (c) Open Areas on Private Property. When required pursuant to the Project Documents and City Regulations, the Subdivider shall provide for the landscaping of open areas on private property and provision shall be made for the maintenance thereof. Such open areas shall be restricted to such uses in accordance with the Project Documents and City Regulations. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011; amended by Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)

Park and open space improvements and dedications shall be provided as required by the Project Documents and City Regulations and in conformance with the standards set forth therein and subject to the approval of the Director. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Easements for City utilities and City facilities, such as sanitary and drainage facilities, fire protection facilities and City-owned street lighting facilities shall be for the use of such governmental facilities, with the right of immediate access to the utilities and facilities by the City. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(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) The location of survey monuments shall be shown on the Final Map. In the event all survey monuments are not installed prior to filing of the Final Map or Parcel Map a monument bond shall be filed at that time. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011) [ARTICLE 6: IMPROVEMENT REQUIREMENTS]*

(a) The Subdivider shall provide for the construction and installation of all Public Improvements in the subdivision in accordance with the Project Documents and City Regulations. (b) Except for Transfer Maps that are governed by Sections 1712.1 and 1751.1(c), the Subdivider shall enter into an Improvement Agreement pursuant to Section 1751 whenever required Public Improvements have not been completed prior to the filing of the Final Map. (c) Notwithstanding any provision of this Code or the Public Works Code to the contrary, a Subdivider or Applicant may request from

the Director a street improvement permit to initiate the construction of Public Improvements independent of or as part of the approval of a Transfer Map, Final Map, or Parcel Map. Said permit shall comply with the applicable provisions of this Code, including, but not limited to, Articles 5, 6, and 8 * in regard to the submittals, design, review, approval, documentation, construction, security, and acceptance for said Public Improvements, including associated Improvement Plans. Fees for said permits shall be according to the Public Works Code Sections 2.1 et seq. unless modified by the Project Documents. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

TIME. The Improvement Agreement shall include provisions consistent with the Project Documents and City Regulations, regarding extensions of time and remedies when improvements are not completed within the agreed time. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The actual costs of inspecting the construction of improvements under Section 1747(b) of this Code shall be paid by the Subdivider. (b) The actual costs of testing the materials incorporated in the improvements under Section 1747(b) of this Code shall be paid by the Subdivider. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Requests by the Subdivider for revisions to the approved Improvement Plans shall be submitted in writing to the Director, with a copy to TIDA, and shall be accompanied by drawings showing the proposed revision. The Director shall review and act expeditiously on all such submittals in accordance with Section 1746 hereof. If the revision is acceptable to the Director, and consistent with the Project Documents, City Regulations and Tentative Map, the Director shall initial the revised plans. Construction of any proposed revision shall not commence until revised plans have been received and approved by the Director. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

So long as the Development Agreement is in effect, the term of any approved or conditionally approved Tentative Map shall extend for the time set forth in the Development Agreement, and any Final Map or Parcel Map shall be filed with the Director at such time as may be required under the Project Documents in order for Subdivider to fulfill its obligations under the DDA or any Vertical DDA. At any time after the expiration or earlier termination of the Development Agreement, a Final Map or Parcel Map shall be filed with the Director within 36 months after the later of (i) approval of the Tentative Map application or preliminary Parcel Map application and (ii) expiration or earlier termination of the Development Agreement, unless, in either case, such time has been extended upon approval of the Tentative Map or pursuant to Government Code Section 66452.6. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Final Map shall consist of the title sheets and map sheets. (b) The title sheets shall contain the following data. (1) The title, consisting of the name of the subdivision and the location; (2) A general description of all the property being subdivided by references to recorded deeds or to recorded maps; (3) Certificates, affidavits and acknowledgments; and (4) General information including a key map when there is more than one map sheet. (c) The map sheets shall contain the following data, in sufficient detail so that the sale, transfer and description of real property may be accomplished by reference to the Final Map and that all Public Improvements, properties and easements may be determined as to location, extent and condition: (1) Title; (2) Explanatory and description notes; and (3) Map. (d) The Final Map shall conform to the requirements of Chapter 2, Article 2 of the SMA and to the Subdivision Regulations regarding detailed format and contents. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) In addition to the certificates required by the SMA, the following certificates shall be on the Final Map. (1) City Attorney's certificate; (2) Advisory Agency's certificate;

(3) Certificate of Improvement Agreement. Whenever the conditional approval of the Application Packet includes conditions which are to be met after the recordation of the Final Map, a certificate signed by the Director evidencing that an Improvement Agreement has been entered into between the Subdivider and the City shall be required; and (4) Certificate of Approval of Multiple Final Maps. Where the Final Map shows only a portion of the Tentative Map, then a certificate signed by the Director pursuant to Section 1755.1 shall be required. (b) The Director may require other notes, restrictions, references or requirements to be indicated on a Final Map. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The requirements of Subsection (c) of Section 1756 of this Code shall apply to Parcel Maps. (b) The Parcel Map shall conform to the requirements of Chapter 2, Article 3 of the SMA and to the Subdivision Regulations regarding detailed format and contents. (c) The Director may require other notes, restrictions, references or requirements to be indicated on a Parcel Map. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Prior to filing of the Final Map or Parcel Map, the Subdivider shall submit to the Director: (1) Prints of the Final Map sheets or the Parcel Map sheets; (2) A preliminary title report; (3) Traverse sheets, showing the mathematical closure of the exterior boundaries around the subdivision, of each lot boundary in the subdivision, and of boundaries of easements and of dedicated rights-of-way; (4) A written statement indicating how each Tentative Map condition has been satisfied. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011) CODIFICATION NOTE The punctuation at the end of divisions (a), (a)(2), and (a)(3) was corrected by the codifier.

(a) The Director shall check the prints of the Final Map or the Parcel Map to determine if they substantially conform to the approved Tentative Map, this Code and the SMA. (b) Within 14 days after submittal, the Director shall return a set of the submitted prints, noting therein any required corrections, to the Subdivider's engineer. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) After the check prints have been approved by the Director, the Subdivider shall file with the Director: (1) The Final Map or Parcel Map, corrected to its final form, together with the copies specified in the Subdivision Regulations; (2) The bonds or other security and approved Improvement Agreement; When applicable, deeds conveying all streets in the subdivision to the City and deeds granting easements for sewers, drains and pedestrian walkways which are not dedicated on the map;

(3) Evidence of title; (4) The recording fee and evidence that all fees required by this Code have been paid; and (5) The corrected preliminary soil report, when required. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) After obtaining the required certificates on the Final Map, or on the Parcel Map when dedications are included therein, the County Surveyor shall submit said map and the other documents to the Director. (b) After determining that all requirements of the SMA and this Code have been met, the Director shall endorse the Final Map or Parcel Map and file the same, together with the other documents, with the Clerk. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) After approval of a Final Map or Parcel Map by the Board, the Clerk, or his or her designee, shall file said map with the Recorder. (b) After signing a Parcel Map, when no dedications are included therein, the Director shall file said map with the Recorder. (c) No Final Map or Parcel Map for a subdivision governed by this Code shall be recorded unless said Map has been approved by the Director or by the Board as required herein. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

As a guarantee of good faith to furnish and install the required survey monuments and to pay the Subdivider's engineer or surveyor for said work, the Subdivider shall furnish a corporate surety bond or other acceptable security for an amount equal to 100 percent of the estimated cost of such work. Such work shall consist of satisfactorily furnishing and installing the said survey monuments and of accurately fixing exact survey points thereon. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Prior to recordation of a Final Map or Parcel Map, the Subdivider shall comply with all applicable provisions governing taxes and assessments as set forth in Sections 66492, 66493 and 66494 of the SMA and any amendments thereto. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)