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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
CHAPTER 23:
REAL PROPERTY TRANSACTIONS
 
Article
IN GENERAL
INTERDEPARTMENTAL TRANSFER OF REAL PROPERTY
LEASES WHEN CITY IS TENANT
LEASES WHEN CITY IS LANDLORD
LOT LINE WINDOW AGREEMENTS
LABOR REPRESENTATION PROCEDURES IN HOTEL AND RESTAURANT DEVELOPMENTS IN WHICH THE CITY HAS AN ONGOING PROPRIETARY INTEREST
PREVAILING WAGE, APPRENTICESHIP, AND LOCAL HIRE REQUIREMENTS IN CITY REAL PROPERTY SALES CONTRACTS AND LEASES
MINIMIZING LABOR/MANAGEMENT CONFLICT IN PORT LEASES INVOLVING EXCURSION VESSEL OPERATIONS
 
ARTICLE I:
IN GENERAL
 
Director of Property to Conduct Sales, Leases, Acceptances, and Other Real Estate Transactions.
Chapter Definitions.
Conveyance and Acquisition of Real Property.
Acceptance of Deeds by Director of Property and Assistant.
Expenses of Real Estate Department in Connection with Leases, Acquisitions and Conveyances.
Sale or Lease of Public Utility Property.
Public Notice Required Prior to Board of Supervisors' Approval of a Sale, Transfer, or Other Conveyance of City-Owned Property.
Annual Real Property Reporting and Planning.
 
SEC. 23.1.  DIRECTOR OF PROPERTY TO CONDUCT SALES, LEASES, ACCEPTANCES, AND OTHER REAL ESTATE TRANSACTIONS.
   Generally. The Director of Property is the head of the Real Estate Department, who shall perform his or her duties in accordance with Section 2A.110 of this Code. Except as otherwise set forth in Sections 4.112, 4.113, 4.114, 4.115, and B3.581 of the Charter and by Sections 2A.173 and 23.36 of this Code, or as otherwise provided by the Charter or this Code, each department, board or commission of the City shall conduct all negotiations through the Director of Property for the Acquisition, Conveyance or Lease of any Real Property required for use or owned by the City in accordance with the provisions of this Chapter.
   Applicability of Chapter. The provisions of this Chapter shall apply to all Real Property Acquired, Conveyed or Leases by of for City purposes, except as otherwise provided by the Charter or this Code.
   Approval of Ordinances, Resolutions. The Director of Property must recommend for approval resolutions and ordinances involving transactions provided for in this Chapter before adoption by the Board of Supervisors.
   Inapplicability of Chapter. This Chapter shall not apply to the sale of Real Property for delinquent taxes or assessments, the granting of regulatory permits or franchises to use public streets, or the awarding of contracts by the Department of Parking and Traffic for the management or operation of City-owned parking garages.
(Bill No. 1787, Ord. No. 12.1761(C.S.), Secs. 1 to 4; amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.1-1. [REPEALED.]
(Added by Ord. 439-96, App. 11/8/96; repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.2.  CHAPTER DEFINITIONS.
   Chapter Definitions. As used in this Chapter 23, the following initially capitalized terms shall have the meanings ascribed to them in this Section 23.2:
      “Acquire” shall mean to acquire, accept, purchase, or exchange an easement or fee title in Real Property. “Acquisition” shall have a correlative meaning.
      “Affordable Housing” shall have the meaning set forth in Administrative Code Section23A.4.
      “Appraisal” shall mean a written opinion of value, as defined by the most recent version of USPAP, that is prepared for or received by the City, is prepared by a Qualified Appraiser, and conforms with USPAP appraisal guidelines.
      “Appraisal Review” shall mean a written opinion about the quality of a Qualified Appraiser's work performed as part of an Appraisal that conforms with applicable USPAP appraisal review guidelines. An Appraisal Review shall be conducted by a Reviewer and include a summary of the reasons and findings for recommending or not recommending the subject Appraisal for approval.
      “City” shall mean the City and County of San Francisco.
      “Charter” shall mean the Charter of the City and County of San Francisco.
      “Code” shall mean the Administrative Code of the City and County of San Francisco.
      “Competitive Bidding Process” or “Competitive Bidding Procedures” shall mean a request for proposals, request for qualifications, or other publicly noticed competitive solicitation with specified criteria for selection.
      “Convey” shall mean to convey, sell, transfer, grant, or relinquish an easement or fee title in Real Property. "Conveyance" shall have a correlative meaning.
      “Lease” shall mean a lease, sublease, or other means of granting a right to occupy or use Real Property, and shall also include a license, permit to enter, use permit, or other similar instrument.
      “Market Rent” shall mean the most probable rent that a Real Property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement.
      “Qualified Appraiser” shall mean a person who is expected to perform valuation services competently and in a manner that is independent, impartial, and objective, holds a certified general license issued by the California Bureau of Real Estate Appraisers and the designation of MAI from the Appraisal Institute, and has five or more years of recent experience appraising real estate of the same type and in the same city, county, or wider area, as applicable, as the subject Real Property.
      “Real Estate Department” shall mean the Real Estate Division of the Department of Administrative Services.
      “Real Property” shall mean any real property interest in land or improvements, including an easement, Lease, or fee interest.
      “Reviewer” shall mean a Qualified Appraiser who performs Appraisal Reviews.
      “USPAP” shall mean the current edition of the Uniform Standards of Professional Appraisal Practice in effect on the date of an Appraisal or Appraisal Review.
(Added 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. 202-19, File No. 190679, App. 8/9/2019, Eff. 9/9/2019)
(Former Sec. 23.2 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.3.  CONVEYANCE AND ACQUISITION OF REAL PROPERTY.
   The Director of Property may Convey any Real Property owned by the City upon recommendation of the department responsible for the administration of such Real Property, excepting park lands pursuant to Charter Section 4.113(2) or where a Conveyance of such Real Property would violate the terms of any gift, trust, deed restriction, bond covenant, or other covenant or restriction under which the City holds the Real Property. Such Conveyance may be made after the Board of Supervisors, by resolution, determines that the public interest or necessity demands, or will not be inconvenienced by, such Conveyance, and approves the Conveyance. The Board of Supervisors may authorize such Conveyance by resolution without advertisement, public auction, or Competitive Bidding Process if it determines that an advertisement, public auction, or Competitive Bidding Process is impractical, impossible, or is otherwise not in the public interest, including, for example only and not by way of limitation, when the Real Property is not capable of independent development, will be exchanged for other Real Property, or when the Board determines that a negotiated direct Conveyance of the Real Property will further a proper public purpose.
   Before the Board of Supervisors approves a Conveyance, the Director of Property shall appraise the fair market value of such Real Property based on a review of available and relevant data and give the notices required by California Government Code Section 54220 et seq., Administrative Code Chapter 23A, or any other applicable provision of state law. Before the Board of Supervisors approves any Acquisition of Real Property that is not a donation of Real Property, the Director of Property shall determine the fair market value of such Real Property based on a review of available and relevant data.
   If the Director of Property determines the fair market value of Real Property that the City intends to Acquire or Convey exceeds $10,000 and the proposed Acquisition is not a donation, the Director of Property shall obtain an Appraisal for the Real Property. If the Appraisal determines the fair market value of the Real Property exceeds $200,000, the Director of Property shall obtain an Appraisal Review for such Appraisal. Any Appraisal and Appraisal Review shall have an effective date of value that is not earlier than nine months before the date legislation for the proposed Acquisition or Conveyance is submitted to the Board of Supervisors. Notwithstanding anything to the contrary in this Section 23.3, to preserve Affordable Housing, the Director of MOHCD and the Director of Property are authorized to Acquire any Real Property without an Appraisal (1) through the exercise of rights and remedies under a deed of trust, deed in lieu of foreclosure, loan agreement, regulatory agreement, or other instrument securing the City’s interest in the Real Property, or (2) through negotiated contract or bid of Real Property that is to be sold through public auction, a judicial process, tax sale, or trustee sale.
   The Director of Property shall also advertise by publication the proposed Conveyance if the Conveyance will be by public auction or Competitive Bidding Process, for no less than 30 days. Every Conveyance other than a sale at public auction or through a Competitive Bidding Process shall be for a sales price of at least 100% of the appraised value of such Real Property, except where the Board determines either that (a) a lesser sum will further a proper public purpose, or (b) based on substantial evidence in the record, the terms and conditions of such Conveyance are reflective of the fair market value of the Real Property notwithstanding the appraised value.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 179-03, File No. 030582, App. 7/18/2003; Ord. 103-16 , File No. 160361, App. 6/24/2016, Eff. 7/24/2016; Ord. 202-19, File No. 190679, App. 8/9/2019, Eff. 9/9/2019)
(Former Sec. 23.3 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.4.  ACCEPTANCE OF DEEDS BY DIRECTOR OF PROPERTY AND ASSISTANT.
   The Director of Property and the Assistant Director of Property of the City are hereby each authorized to accept and consent to deeds or other instruments granting Real Property to the City that are (1) Acquired to preserve Affordable Housing, as set forth in Section 23.3, or (2) approved by the Board of Supervisors, and to sign the required certificate of acceptance relating thereto.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 202-19, File No. 190679, App. 8/9/2019, Eff. 9/9/2019)
(Former Sec. 23.4 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.5.  EXPENSES OF REAL ESTATE DEPARTMENT IN CONNECTION WITH LEASES, ACQUISITIONS AND CONVEYANCES.
   The Real Estate Department shall be entitled to payment of reasonable expenses in connection with negotiating Leases, Conveyances, Acquisitions, managing City owned Real Property, consulting with departments, and incidental work performed under the provisions of this Chapter. The department concerned shall pay the Real Estate Department for such expenses by interdepartmental work order or other means.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.2 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.6.  SALE OR LEASE OF PUBLIC UTILITY PROPERTY.
   The Board of Supervisors shall have power to Lease or Convey any public utility or any part thereof; provided that any resolution or other measure involving the Lease or Conveyance of any public utility or part thereof, excepting those Leases or Conveyances provided for in Sections 23.3 and 23.6 of this Code, or any ordinance granting any new franchise for the operation of any public utility whose franchise has expired, or is about to expire, must be referred and submitted to a vote of the electors of the City at the election next ensuing not less than 60 days after the adoption of such ordinance, and shall not go into effect until ratified by a majority of the voters voting thereon.
(Added as Sec. 23.6-3 by Ord. 439-96, App. 11/8/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.6 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.6-1.  [REPEALED.]
(Amended by Ord. 157-85, App. 3/28/85; Ord. 304-96, App. 7/25/96; repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.6-2.  [REPEALED.]
(Added by Ord. 157-85, App. 3/28/85; amended by Ord. 304-96, App. 7/25/96; repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.6-3.  [REDESIGNATED.]
(Added by Ord. 439-96, App. 11/8/96; redesignated as Sec. 23.6 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.7.  PUBLIC NOTICE REQUIRED PRIOR TO BOARD OF SUPERVISORS' APPROVAL OF A SALE, TRANSFER, OR OTHER CONVEYANCE OF CITY-OWNED PROPERTY.
   Not less than 10 days prior to action by the Board of Supervisors approving a sale, transfer, or other conveyance of fee title to City-owned property, including but not limited to approval of a conveyance as part of the settlement of litigation, the Clerk of the Board shall work with City departments to make certain that the department having jurisdiction of the City-owned property shall cause notice of the proposed action t0 be given as follows:
   (a)   Notice shall be posted on the site of the property to be conveyed ("the Transfer Site") in accordance with the requirements established by the Zoning Administrator under Planning Code Sections 311 and 312.
   (b)   Written notice describing the proposed action shall be mailed to all owners and, to the extent practicable, occupants of properties within 150 feet of the Transfer Site in the same Assessor's Block and on the block face across from the Transfer Site. When the Transfer Site is a corner lot, the notification area shall further include all property on both block faces across from the Transfer Site, 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.
   (c)   Written notice describing the proposed action shall also be mailed to persons or organizations that have indicated an interest in the Transfer Site or its area by including their names on a list maintained by the Planning Department.
   This notice requirement shall not apply to a transfer of jurisdiction between one City agency or department and another City agency or department.
   Failure to comply with these notice requirements shall not invalidate conveyance of such property.
(Added by Ord. 25-04, File No. 031989, App. 2/19/2004)
SEC. 23.8.  ANNUAL REAL PROPERTY REPORTING AND PLANNING.
   (a)   All City departments shall report to the Director of Property annually, no later than ninety (90) days before the end of each fiscal year, the physical condition, current utilization and department contact information for real property and facilities under the jurisdiction of such department on a form to be provided by the Director of Property. Such information shall be summarized and maintained by the Director of Property in an Annual Real Property and Facility Report, and relevant portions of such information shall be included in the Real Estate Information System (REIS) located on the Real Estate Division's intranet website. The Annual Real Property and Facility Report shall include a limited Real Estate Asset Management Plan for the upcoming fiscal year with the Director of Property's recommendations regarding specified City real property assets, including facility maintenance and management, capital repairs, and potential acquisitions or dispositions (subject to the Surplus Property Ordinance and other City requirements), with the intent of increasing the City's efficient utilization of its real property assets.
   (b)   Each City department with jurisdiction over real property shall assign a real property and facilities staff person to work with the Real Estate Division in the timely reporting of information as required by this section. This staff person shall, following the Director of Property's approval, cause the appropriate data to be entered in the Real Estate Division's REIS.
   (c)   The Director of Property shall present the Annual Real Property and Facility Report, including the Asset Management Plan, to the Board of Supervisors. Upon the Board of Supervisors' approval of the Asset Management Plan, the Director of Property shall, consistent with his or her authority and working with applicable City departments, implement the recommendations in the Asset Management Plan subject to any required City approvals following environmental review.
   (d)   Each fiscal year the Director of Property shall include in his or her proposed budget sufficient funds to maintain the REIS, and to perform the tasks contemplated by the Asset Management Plan.
(Added by Ord. 59-05, File No. 050061, App. 4/1/2005)
ARTICLE II:
INTERDEPARTMENTAL TRANSFER OF REAL PROPERTY
 
"Department" Construed.
Powers Granted Departments by Charter or Code Not Abridged.
Transfer Authorized; Grounds for Transfer.
Filing Request for Transfer.
Director of Property's Report.
Mayor's Consent to Transfer; Consent of Department Having Jurisdiction.
Resolution Authorizing Transfer.
Transfer Not to Violate Trust.
Making Transfer Without Mayor's or Department's Consent.
Record of Transfer.
Payment.
 
SEC. 23.7.  [REDESIGNATED.]
(Ord. No. 7919 (1939), Sec. 9; redesignated as Sec. 23.10 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.8.  [REDESIGNATED.]
(Ord. No. 7919 (1939), Sec. 10; redesignated as 23.11 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.9.  [REDESIGNATED.]
(Ord. No. 7919 (1939), Sec. 1; redesignated as 23.12 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.10.  "DEPARTMENT" CONSTRUED.
   For purposes of this Article, the word "department" shall include the Board of Trustees of the San Francisco Unified School District when Real Property of the City used, acquired or designated for school purposes from City funds is concerned.
(Added as Sec. 23.7 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.10 redesignated as Sec. 23.13 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.11.  POWERS GRANTED DEPARTMENTS BY CHARTER OR CODE NOT ABRIDGED.
   The provisions of this Article shall not be construed to abridge, modify or alter the powers granted to any department or commission by any other provisions of the Charter or this Code.
(Added as Sec. 23.8 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.11 redesignated as Sec. 23.14 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.12.  TRANSFER AUTHORIZED; GROUNDS FOR TRANSFER.
   Whenever any Real Property belonging to the City is no longer used advantageously by the department under whose jurisdiction it is, or when any such Real Property can be more advantageously used by a department other than the department under whose jurisdiction it is, the Real Property may be transferred to the jurisdiction of the department which can more advantageously use the same in accordance with the provisions of this Article.
(Added as Sec. 23.9 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.11 redesignated as Sec. 23.15 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.13.  FILING REQUEST FOR TRANSFER.
   The officer, board or commission in charge of the department which desires to have Real Property transferred to it shall file with the Mayor and the Director of Property a request in writing for the transfer, which request shall contain a description of the desired Real Property and state the specific purposes for which the Real Property is to be used by the requesting department.
(Added as Sec. 23.10 by Ord. No. 7919 (1939); amended by Ord. 287-96, App. 7/12/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.13 redesignated as Sec. 23.16 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.14.  DIRECTOR OF PROPERTY'S REPORT.
   Within 30 days after the receipt of the request required by Section 23.13, the Director of Property shall prepare a report for the Mayor and the requesting department of the estimated fair market value of the Real Property, the character of the improvements thereon, and an evaluation as to whether, in the opinion of the Director of Property, the Real Property can be advantageously used by the requesting department for the purposes specified in the request. If the Director of Property determines the estimated fair market value of Real Property exceeds $10,000, the Director of Property shall obtain an Appraisal for the Real Property; provided, however, the Director of Property shall not be required to obtain an Appraisal when the requesting department (a) is not an Enterprise Department, as defined in Administrative Code Section 23A.4, and (b) will use the Real Property for 100% Affordable Housing, as defined in Administrative Code Section 23A.4; provided further that such 100% Affordable Housing requirement shall not exclude other ancillary uses of the Real Property that benefit the Affordable Housing on the Real Property or benefit the community. If the Appraisal determines the fair market value of the Real Property exceeds $200,000, the Director of Property shall obtain an Appraisal Review for such Appraisal. Any Appraisal and Appraisal Review shall have an effective date of value that is not earlier than nine months before the date any legislation for the proposed transfer is submitted to the Board of Supervisors. The Appraisal requirement in this Section 23.14 shall not apply to any jurisdictional transfers under Administrative Code Chapter 23A.
(Added as Sec. 23.11 by Ord. No. 7919 (1939); 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. 6-18, File No. 171107, App. 1/19/2018, Eff. 2/19/2018)
(Former Sec. 23.14 redesignated as Sec. 23.17 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.15.  MAYOR'S CONSENT TO TRANSFER; CONSENT OF DEPARTMENT HAVING JURISDICTION.
   If, on receipt of the Director of Property's report, the Mayor believes that the department requesting the transfer can advantageously use the Real Property, the Mayor shall request the department under whose jurisdiction it is to consent to the transfer of the Real Property to the department desiring the transfer. If the second-mentioned department consents to the transfer within 30 days, the Mayor shall recommend to the Board of Supervisors that it order the Real Property transferred, sending to the Board with the request such data regarding the Real Property as he or she has received from the Director of Property. No Real Property shall be transferred from one department to another without the consent of the department having jurisdiction over the Real Property, except as provided by Section 23.18 below.
(Added as Sec. 23.12 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 6-18, File No. 171107, App. 1/19/2018, Eff. 2/19/2018)
(Former Sec. 23.15 redesignated as Sec. 23.18 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.16.  RESOLUTION AUTHORIZING TRANSFER.
   Upon receiving the Mayor's recommendation that the Real Property be transferred and the consent of the department having jurisdiction, the Board of Supervisors shall consider the same. If the Board determines that the Real Property is no longer necessary or advantageous to the department having jurisdiction and can be more advantageously used by the requesting department, the Board shall, by resolution, order a transfer of the Real Property to the requesting department. Any such transfer may be made without limit or for a limited period or under other conditions stated in the resolution.
(Added as Sec. 23.13 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.16 redesignated as Sec. 23.19 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.17.  TRANSFER NOT TO VIOLATE TRUST.
   No Real Property shall be transferred under this Article if the transfer would violate the terms of any gift, trust, deed restriction, bond covenants, or other covenants or restrictions under which the City holds the Real Property.
(Added as Sec. 23.14 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.17 redesignated as Sec. 23.20 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.18.  TRANSFER WITHOUT MAYOR'S OR DEPARTMENT'S CONSENT.
   If, upon receipt of the Director of Property's report, the Mayor believes that the department having jurisdiction over the Real Property continues to have advantageous use therefor, that the Real Property cannot be more advantageously used by the requesting department, or should the department having jurisdiction refuse or neglect to consent to the requested transfer, the Mayor shall transmit his or her report of the circumstances to the Board of Supervisors, together with the original request for transfer and the Director of Property's report relating thereto. Such transmittal shall be made by the Mayor within 60 days after receipt of the Director of Property's report.
   Upon receipt of the transmittal from the Mayor, the Board of Supervisors or a committee thereof shall hold a public hearing thereon, at which all interested departments and individuals shall be given an opportunity to be heard.
   After such hearing, if the Board of Supervisors finds that the department having jurisdiction over Real Property no longer needs or has advantageous use therefor, or finds that the Real Property can be used more advantageously by the requesting department, the Board may, by resolution, order that the jurisdiction of such Real Property be transferred to the requesting department.
   Any such transfer may be made without limit or for a limited period or under other conditions stated in the resolution.
(Added as Sec. 23.15 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.18 redesignated as Sec. 23.25 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.19.  RECORD OF TRANSFER.
   (a)   Any resolution transferring any Real Property from one department to another under this Article II shall identify the Assessor’s Parcel Number (if any) and shall be accompanied by a plat map and verified legal description, or, if there is no verified legal description, shall be accompanied instead by an Assessor’s Block Map and narrative description referencing the Assessor’s Block Map that includes sufficient information to identify the geographic location and dimensions of the Real Property being transferred; and shall include the receiving department’s mailing address for tax bills and notices. For purposes of this Section 23.19, a “verified legal description” is a legal description approved by the County Surveyor. Upon introduction of the resolution, the requesting department shall submit the map, description, and department mailing address required in this subsection (a) to the Clerk of the Board of Supervisors.
   (b)   When the Board of Supervisors adopts any resolution transferring any Real Property within the City and County of San Francisco from one department to another under this Article II, the Clerk of the Board of Supervisors shall cause a certified copy of the adopted resolution, including map and description to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the Office of the Recorder. The Office of the Recorder shall not charge a recording fee in connection with this recordation. For all transfers of any Real Property from one department to another under this Article, the Director of Property shall keep a digital copy of the resolution in the Director’s office and make the necessary record of the transfer.
(Added as Sec. 23.16 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 253-19, File No. 190810, App. 11/15/2019, Eff. 12/16/2019)
(Former Sec. 23.19 redesignated as Sec. 23.26 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.20.  PAYMENT.
   Transfers of Real Property pursuant to this Article shall be paid for no less than 100% of the appraised value, except where the Board of Supervisors determines by resolution that a lesser sum will further a proper public purpose, and provided that the Public Utilities Commission shall be paid at least the historical cost of such Real Property.
(Added as Sec. 23.17 by Ord. No. 7919 (1939); 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. 23.20 redesignated as Sec. 23.27 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
ARTICLE III:
LEASES WHEN CITY IS TENANT
 
Director of Property to Make Leases.
Year-to-Year and Shorter Leases.
Execution of Leases; Appraisals and Appraisal Reviews; Resolution Authorizing Lease.
SFUSD Leases to the City Directly Serving the Public; Public Notice Required Prior to Termination or Expiration of the Lease.
 
SEC. 23.21.  [REPEALED.]
(Added by Ord. No. 208 (1939); repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.25.  DIRECTOR OF PROPERTY TO MAKE LEASES.
   Each department of the City authorized by the approval of bond issues or by annual or supplemental appropriation ordinances to Lease Real Property needed for the purposes of such department shall make such Leases through the Director of Property, except as otherwise specifically provided by the Charter or this Code.
(Added as Sec. 23.18 by Ord. No. 208 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.25 redesignated as Sec. 23.34 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.25-1.  [REPEALED.]
(Added by Ord. 439-96, App. 11/8/96; repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.25-2.  [REDESIGNATED.]
(Added by Ord. 439-96, App. 11/8/96; redesignated as Sec. 23.40 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.25-3.  [REDESIGNATED.]
(Added by Ord. 439-96, App. 11/8/96; redesignated as Sec. 23.41 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.26.  YEAR-TO-YEAR AND SHORTER LEASES.
   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)
SEC. 23.26A.  [REPEALED.]
(Added by Ord. 355-98, App. 12/11/98; repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.27.  EXECUTION OF LEASES; APPRAISALS AND APPRAISAL REVIEWS; RESOLUTION AUTHORIZING LEASE.
   Except as otherwise provided by the Charter, Section 23.26 above, 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)
(Former Sec. 23.27 redesignated as Sec. 23.45 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.28.  SFUSD LEASES TO THE CITY DIRECTLY SERVING THE PUBLIC; PUBLIC NOTICE 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)
ARTICLE IV:
LEASES WHEN CITY IS LANDLORD
 
Lease of Real Property.
Year-to-Year or Shorter Leases.
Advisory Review by Director of Property.
Competitive Bidding Procedures.
Lease Reporting.
Re-Lease Real Property to Existing Tenant on a Negotiated Basis.
Lease of Real Property under Recreation and Parks Commission and Public Utilities Commission Jurisdiction.
Real Estate Department to Collect Rents.
Agreements for Private Use of City Property; Possessory Interest Taxes.
Taxable Possessory Interests in Tax-Exempt Real Property; Report of Agreement and Change of Ownership or Extension of Agreement.
Sale or Lease of Park Land; Use of Certain Park Land for the Construction of Water Quality and Sewerage Facilities.
Transfer of Park and Other Lands to the National Park Service of the United States Department of the Interior.
Prohibition on Leasing of City-Owned Land for the Extraction of Fossil Fuels.
 
SEC. 23.30.  LEASE OF REAL PROPERTY.
   Except as provided by Sections 4.112, 4.113, 4.114, 4.115, and B3.581 of the Charter and by Sections 2A.173 and 23.36 of this Code, or as otherwise provided by the Charter or this Code, the Director of Property shall have the charge of the Lease of Real Property owned by the City. When the head of any department in charge of Real Property reports to the Director of Property that certain land is not required for the purposes of the department, the Board of Supervisors, by resolution, may authorize the Lease of such Real Property. The Director of Property shall determine the Market Rent of such Lease based on a review of available and relevant data. If the Market Rent of the Lease is more than $45 per square foot per year as base rent, the Director of Property shall obtain an Appraisal for such Lease. If an Appraisal determines the Market Rent of the Lease exceeds $60 per square foot per year as base rent, the Director of Property 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. The Director of Property shall arrange for such Lease to the highest responsible bidder in accordance with Competitive Bidding Procedures and for no less than the Director of Property's opinion of Market Rent if there is no Appraisal, or for no less than the Market Rent stated in the Appraisal if there is an Appraisal, unless the Board of Supervisors has by resolution found that (a) such Competitive Bidding Procedures are impractical or impossible or has authorized other means of award in furtherance of a proper public purpose, or (b) a lesser sum with further a proper public purpose. The Director of Property shall collect rents due under such Lease.
   When the Public Utilities Commission, the Recreation and Park Commission, the Port Commission, or the Municipal Transportation Agency require approval of the Board of Supervisors to a proposed Lease of Real Property owned by the City, the applicable Commission or Agency shall determine the Market Rent of such Lease based on a review of available and relevant data. If the Market Rent of the Lease is more than $45 per square foot per year as base rent, the applicable Commission or Agency shall, through the Director of Property, obtain an Appraisal of the Market Rent for the Lease unless the Executive Director of the Port determines, for Real Property under Port jurisdiction, that the rental rate for the proposed Lease meets or exceeds the Port Commission's annually adopted parameter rental rate for such Real Property, and such Lease shall be for no less than the Market Rent established in the Appraisal unless (1) the Commission or Agency determines that applying the Market Rent requirement would interfere with its capacity in discharging one of its core functions under the City Charter, (2) the Board of Supervisors has found by resolution that a lesser sum will further a proper public purpose, or (3) the Commission or Agency determines, with Director of Property concurrence, that an independent, appropriately qualified real estate economic expert is better suited than an Appraiser to perform the rental analysis. If an Appraisal determines the Market Rent of the Lease exceeds $60 per square foot per year as base rent, the applicable Commission or Agency shall, through the Director of Property, obtain an Appraisal Review for the Appraisal. Any Appraisal or Appraisal Review shall have an effective date of valuation that is not earlier than nine months before the date legislation for the proposed Lease is submitted to the Board of Supervisors.
(Added 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. 23.30 redesignated as Sec. 23.48 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.31.  YEAR-TO-YEAR OR SHORTER LEASES.
   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)
SEC. 23.32.  ADVISORY REVIEW BY DIRECTOR OF PROPERTY.
   Any commission, board or department that, under the Charter or this Code, is given exclusive power to Lease Real Property under its control and management may submit any proposed Lease to the Director of Property for review and advisory recommendations and may request the Director of Property to determine fair market rental rates to aid and assist in negotiating, extending or renewing such Leases. It is the City's policy that all commissions, boards and departments that negotiate and administer such Leases submit all proposed Leases which have a term, including extension options, of five years or more, or which would produce more than $500,000 in revenue over such term, to the Director of Property for review and advisory recommendations before final approval of any such Lease and, as to such Leases, request the Director of Property to determine fair market rental rates to aid and assist in negotiating, extending or renewing such Leases. The purpose of this policy is to achieve greater consistency and coordination in the City's Leasing practices, to increase the financial return to the City from its Leases and to avoid unnecessary duplication of effort and expense in the Leasing of City Real Property.
(Added as Sec. 23.23 by Ord. 323-86, App. 8/8/86; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 278-04, File No. 041352, App. 11/18/2004)
(Former Sec. 23.32 redesignated as Sec. 23.51 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.33.  COMPETITIVE BIDDING PROCEDURES.
   To the extent that any ordinance, Code provision or Charter provision gives the City, or any of its commissions, boards or departments, power to award Leases without competitive bidding, it shall be City policy that, notwithstanding such power, all such Leases that are expected to produce more than $2,500 per month in revenue be awarded in accordance with Competitive Bidding Procedures, unless such Competitive Bidding Procedures are impractical or impossible. It shall also be City policy that any and all Leases awarded without following the Competitive Bid Procedures shall be in an amount not less than the fair market value of the leased property. If any City department wishes to award a Lease of City-owned property for less than fair market value, it shall make a finding of the public purpose to be served by such Lease, and such Lease and finding shall be subject to the prior approval of the Mayor and the department head, as well as the applicable commission. If there is no commission approval, then such Lease and finding shall also be subject to the prior approval of the Board of Supervisors. The Lease shall also require that the tenant will use the leased premises in accordance with the stated public purpose for the entire lease term. The provisions of this Section shall not apply to any leases awarded pursuant to San Francisco Administrative Code Chapter 23A, the Surplus City Property Ordinance.
(Added as Sec. 23.24 by Ord. 323-86, App. 8/8/86; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 278-04, File No. 041352, App. 11/18/2004)
(Former Sec. 23.33 redesignated as Sec. 23.52 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.34.  LEASE REPORTING.
   Each commission, board and department that is empowered by the Charter, City ordinance, this Code or State statute to Lease City-owned Real Property shall, within 10 days after the close of each quarter of a fiscal year ("fiscal quarter"), file with the Budget Analyst for the Board of Supervisors and post on the commission, board or department website a written report of all Leases of City-owned Real Property awarded during the preceding fiscal quarter which were less than fair market value or which were not submitted for approval by the Board of Supervisors.
   The report shall contain the following information for each Lease:
      1.   Tenant's name.
      2.   Term of the Lease, including any extension options.
      3.   Rental amount, including, any percentage rent and rent escalation or adjustment provisions, and, if applicable, the finding of public purpose for why the rent was set at less than fair market value.
      4.   Location of Leased Real Property.
      5.   If unimproved Real Property, dimensions and area of Real Property.
      6.   If improved Real Property, description of improvements and floor area of Leased space.
      7.   Use to be made of premises by the tenant.
   The Budget Analyst shall review each report and may report his or her comments and recommendations to the Board of Supervisors, as the Budget Analyst deems appropriate.
(Added as Sec. 23.25 by Ord. 323-86, App. 8/8/86; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 278-04, File No. 041352, App. 11/18/2004)
(Former Sec. 23.34 redesignated as Sec. 23.53 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.35.  RE-LEASE REAL PROPERTY TO EXISTING TENANT ON A NEGOTIATED BASIS.
   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)
SEC. 23.36.  LEASE OF REAL PROPERTY UNDER RECREATION AND PARKS COMMISSION AND 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)
SEC. 23.37.  REAL ESTATE DEPARTMENT TO COLLECT RENTS.
   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)
SEC. 23.38.  AGREEMENTS FOR PRIVATE USE OF CITY PROPERTY; POSSESSORY INTEREST TAXES.
   All agreements permitting the use for private gain Real Property situated in the City and County of San Francisco and owned by the City, including any agency thereof, shall contain a clear and unequivocal understanding that a possessory interest subject to taxation may be created and that the party with the right to use such Real Property shall pay any and all possessory interest taxes levied upon his or her interest therein pursuant to an assessment made by the Assessor. However, the Board of Supervisors may by resolution specifically authorize and approve to be included in such agreement a provision for the City's assumption of the payment of such possessory interest taxes, in whole or in part, or for an offset against revenues otherwise due and payable to the City under such agreement in an amount equal to all or a portion of such possessory interest taxes.
   Such agreement shall also provide that the holder of such interest shall, upon request, furnish the information required in Section 23.39 of this Code to the City within 30 days of any transaction that is subject to the reporting requirements of such Section.
   Within 60 days after execution of an agreement pertaining to the use of City Real Property as described above, the agency executing such agreement on behalf of the City shall forward or cause the holder of such interest to forward, a copy of the agreement to the Assessor of the City and County of San Francisco, as required in Section 23.39 below.
   As used in this section and in Section 23.39 below, the term "agreement" shall mean any written contract, instrument or other document permitting the possession, occupancy or use of City Real Property including, but not limited to, Leases, concession agreements, franchise agreements and management agreements.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.39.  TAXABLE POSSESSORY INTERESTS IN TAX-EXEMPT REAL PROPERTY; REPORT OF AGREEMENT AND CHANGE OF OWNERSHIP OR EXTENSION OF AGREEMENT.
   In accordance with Revenue and Taxation Code Section 480.5, every owner of tax-exempt Real Property shall report to the assessor of the City and County of San Francisco the creation, renewal, extension, assignment, sublease or other transfer of any interest granted under an agreement to use such Real Property, within 60 day of the transaction. The report shall be on such form as the Assessor may prescribe and shall include, at a minimum, all of the following:
   (a)   The name and address of the owner.
   (b)   The names and addresses of all other parties to the transaction, including an identification of each party and of his or her interest under the agreement.
   (c)   The type of transaction, whether creation, renewal, extension, sublease, assignment, transfer or otherwise.
   (d)   A description of the Real Property, which is the subject of the agreement.
   (e)   The effective date of the transaction.
   (f)   A summary of the essential terms of the transaction, including, but not limited to, all of the following:
      (1)   The consideration for the interest, whether paid in money or otherwise.
      (2)   The term of the agreement, including any renewal or extension option.
      (3)   If a sublease or other agreement subject to an underlying agreement, the original terms, remaining term and consideration paid for the master lease or other master agreement.
      (4)   If an assignment or other transfer, the original term, remaining term, and the consideration paid for the underlying Lease or agreement.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.40.  SALE OR LEASE OF PARK LAND; USE OF CERTAIN PARK LAND FOR THE CONSTRUCTION OF WATER QUALITY AND SEWERAGE FACILITIES.
   (a)   Whenever lands that are or shall be used or intended for use for parks or squares are no longer needed for park or recreational purposes, the City may dispose of such lands or may abandon or discontinue their use for park purposes, provided that nothing herein shall be construed to authorize the discontinuance or abandonment of the use of such lands, or any change in the use thereof that will cause the reversion of such lands to private ownership, or cause the forfeiture of the ownership thereof in fee by the City, or to authorize the discontinuance of the use of park lands acquired in any proceeding wherein a local assessment based on benefits was or shall be levied to provide funds for such acquisition; and provided further that the general laws of the State of California authorizing municipal corporations to abandon or to discontinue the use of land for park purposes, authorizing the disposition of such lands, and providing procedures therefor and for matters relating thereto, shall be applicable to the City and to all lands held or used by it for park purposes and shall govern and control exclusively in respect thereto. For the purposes of this subsection, all lands, including but not limited to, playgrounds, athletic facilities, and lands purchased with open space acquisition and park renovation funds, but excluding the Great Highway, the land described in Subsection (b) below, and lands administered by the Recreation and Park Department pursuant to agreements with other City departments or entities, placed under the jurisdiction of the Recreation and Park Department shall be deemed used or intended for use for park purposes.
   (b)   Upon approval by the Recreation and Park Commission, that parcel of land south of the Zoo and between the Great Highway Extension and Skyline Boulevard set forth and described in parcel map entitled "Parcel Map Showing Certain Park Land Proposed to be Used Jointly," recorded August 12, 1975 in Parcel Map Book Number One at page 96 in the office of the Recorder of the City and County of San Francisco, may be used for the construction of water quality and sewerage facilities, and any facilities so constructed shall be under the control, management, and direction of the Department of Public Works. Any recreation or zoo facilities constructed on said parcel shall remain under the control, management, and direction of the Recreation and Park Commission.
(Added as Sec. 23.25-2 by Ord. 439-96, App. 11/8/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.41.  TRANSFER OF PARK AND OTHER LANDS TO THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF THE INTERIOR.
   (a)   Upon approval by the Recreation and Park Commission, the Board of Supervisors may by resolution authorize transfer by deed to the National Park Service of the United States Department of the Interior for inclusion in the Golden Gate National Recreation Area as presently defined and delimited by Public Law 92-589, 86 Stat. 1299, of any interest which the City has in lands restricted to use for recreation or park purposes or otherwise under the exclusive control, management or direction of the Recreation and Park Commission, except the premises and grounds of the Palace of the Legion of Honor and Lincoln Park Golf Course, provided that such deed shall be executed under the restriction that the transferred lands be reserved in perpetuity for recreation or park purposes by the National Park Service of the United States Department of the Interior and shall grant the City a power of termination upon a breach of such restriction, and provided further that said transfer shall be executed under such conditions and restrictions as shall prevent the reversion of any portion of such lands to any person or entity other than the City.
   (b)   Upon approval of the officer, board or commission in charge of the department responsible for the administration of any interest which the City has in Real Property not referred to in Subsection (a), the Board of Supervisors may by resolution authorize transfer of such interest by deed to the National Park Service of the United States Department of the Interior for inclusion in the Golden Gate National Recreation Area as presently defined and delimited by Public Law 92-589, 86 Stat. 1299, provided that said deed shall be executed under the restriction that said lands be reserved by the National Park Service of the United States Department of the Interior in perpetuity for recreation or park purposes with a power of termination upon breach of said restriction, and provided further that said transfer shall be executed under such conditions and restrictions as shall prevent the reversion of any portion of said lands to any person or entity other than the City.
(Added as Sec. 23.25-3 by Ord. 439-96, App. 11/8/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.42.  PROHIBITION ON LEASING OF CITY-OWNED LAND FOR THE EXTRACTION OF FOSSIL FUELS.
   (a)   Title. This Section 23.42 may be cited as the “San Francisco Keep It in the Ground Ordinance.”
   (b)   Findings.
      (1)   The 2014 Fifth Assessment Report of the Intergovernmental Panel on Climate Change, a group of independent scientific experts from 195 countries under the auspices of the United Nations, states:
         (A)   “Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades to millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, and sea level has risen . . . . The period from 1983 to 2012 was very likely the warmest 30-year period of the last 800 years in the Northern Hemisphere, where such assessment is possible (high confidence) and likely the warmest 30-year period of the last 1400 years.
         (B)   “Human influence on the climate system is clear, and recent anthropogenic emissions of green-house gases are the highest in history. Recent climate changes have had widespread impacts on human and natural systems.
         (C)   “Without additional mitigation efforts beyond those in place today, and even with adaptation, warming by the end of the 21st century will lead to high to very high risk of severe, wide-spread and irreversible impacts globally (high confidence).”
      (2)   The World Meteorological Organization announced that 2015 is likely to be the warmest year on record and that the years 2011-2015 have been the warmest five-year period on record.
      (3)   The San Francisco Bay Conservation and Development Commission’s 2011 report, “Living with a Rising Bay,” found that a 55-inch sea level rise by the end of the century would cause substantial impacts to San Francisco and California, including: putting $62 billion of Bay Area shoreline development at risk, increasing the number of people at risk of flooding in the Bay Area to 270,000; and requiring at least $14 billion worth of static structures to protect California’s shorelines.
      (4)   At the 2015 United Nations Climate Change Conference (COP 21), 196 parties including the United States, negotiated the Paris Agreement that reaffirms the goal of limiting global temperature increase well below 2 degrees Celsius while urging efforts to limit the increase to 1.5 degrees.
      (5)   Climate scientists have published several studies of the world’s remaining “carbon budget,” which is the maximum amount of future carbon that can be emitted into the atmosphere to provide a certain probability of limiting global temperature increase to 2 degrees Celsius, including:
         (A)   The International Energy Association’s “World Energy Outlook 2012” estimates that “no more than one-third of proven reserves of fossil fuels can be consumed prior to 2050 if the world is to achieve the 2 degrees Celsius goal.”
         (B)   The Carbon Tracker Initiative’s 2014 report, “Unburnable Carbon,” estimated that “to reduce the chance of exceeding 2 degrees Celsius warming to 20%,” the remaining global carbon budget from 2011 to 2050 was 565 gigatons of carbon out of the 2,795 gigatons of currently known fossil fuel reserves.
      (6)   Senator Jeff Merkley and Congressman Jared Huffman have introduced the “Keep it in the Ground Act” to permanently prohibit new leases for the extraction of fossil fuels on all federal public lands and in federal waters.
      (7)   Prohibiting fossil fuel leases on all City-owned property is consistent with Chapter 9,
Section 900(f) of the Environment Code, “Greenhouse Gas Emissions Targets and Departmental Action Plans,” which states the intent of the Mayor and the Board of Supervisors to protect the health and welfare in a manner that complements state and federal efforts to improve air quality by exercising a leadership role in mandating local actions to reduce global warming.
   (c)   Prohibition. The City shall not enter into any lease, or extend any existing lease, that provides for or allows the extraction of fossil fuel from City-owned land. For purposes of this Section 23.42, “fossil fuel” shall mean coal, petroleum, kerosene, oil, tar sands, oil shale, gas, and other petroleum or hydrocarbon products that emit carbon dioxide as a byproduct of combustion.
   (d)   Fossil Fuel Remediation and Constructive Future Use. Regarding any City-owned property that is or was previously leased for fossil fuel extraction:
      (1)   Within six months of the effective date of this Section 23.42, the Director of Property, in coordination with the Department of the Environment, shall inspect such property to ensure that any current or former lessee complies with, or complied with, all applicable federal, state, and local environmental laws. Within 30 days of such inspection, the Director of Property shall submit a report regarding the state of the property to the Board of Supervisors, including whether the Director recommends additional inspections or further action;
      (2)   Upon the termination of any existing lease, the Director of Property, in coordination with the Department of the Environment and the San Francisco Public Utilities Commission, shall inspect such property to conduct an ecological evaluation of the property and ensure that the lessee has removed all equipment and that the state of the property complies with all applicable federal, state, and local environmental laws. Within 30 days of such inspection, the Director of Property shall submit a report regarding the state of the property to the Board of Supervisors, including a report on the value of the property as habitat and potential for restoration, and whether the Director recommends additional inspections or further action; and
      (3)   Within 90 days of the inspection required under subsection (d)(2), the Director of Property, in coordination with the Department of the Environment and the San Francisco Public Utilities Commission, shall submit to the Board of Supervisors a “Just Transition Plan” for the property. The Just Transition Plan shall evaluate possible constructive future uses for such property, including renewable electricity generation, recreation, and habitat protection and restoration. The Just Transition Plan shall also assess adverse impacts to workers from the termination of the lease and identify mechanisms to minimize or eliminate those impacts, including potential job creation from the possible constructive future uses.
   (e)   Prospective Effect. The prohibition in this Section 23.42 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any existing lease entered into by the City before the effective date of this Section, or any reserved rights held by the State of California or other person or entity in a deed or other instrument.
   (f)   Exclusive Jurisdiction Departments. This Section 23.42 shall not apply to any department of the City that has exclusive jurisdiction over its real property to the extent application to that department would violate the Charter or interfere with the department’s ability to carry out its core functions under the Charter. The Board of Supervisors urges departments of the City that have exclusive jurisdiction over real property to adopt policies consistent with the prohibition set forth in this Section.
   (g)   Undertaking for the General Welfare. In enacting and implementing this Section, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 236-16, File No. 160222, App. 12/9/2016, Eff. 1/8/2017)
ARTICLE V:
LOT LINE WINDOW AGREEMENTS
 
Authority of Director of Property.
Determination of Value.
Requirements for Lot Line Window Agreements.
Fees and Fee Payments.
 
SEC. 23.45.  AUTHORITY OF DIRECTOR OF PROPERTY.
   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)
SEC. 23.46.  DETERMINATION OF VALUE.
   The Director of Property shall determine a monthly fee for the privilege of installing the openings in building walls that are made possible by the City's consent. The monthly fee shall be based upon an appraisal by the Director of Property of the enhancement in fair market value of the building owner's Real Property that will result from installation of the proposed openings in building walls.
   If the original monthly fee based upon the Director of Property's appraisal is more than $50 the agreement shall provide for payment by the building owner, in advance, of the monthly fee so determined by the Director of Property. The monthly fee may, at the Director of Property's discretion, be payable monthly, quarterly, semiannually or annually. The agreement shall contain a provision for annual adjustment of the monthly fee to reflect increases or decreases in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Metropolitan Area and a provision for a redetermination of the monthly fee by the Director of Property, upon the same appraisal basis as the original fee determination, at the end of each five-year period.
   If the original monthly fee based upon the Director of Property's appraisal is $50 or less, a one-time fee of $1,000 shall be paid by the building owner and no monthly fees shall be payable.
(Formerly Sec. 23.28; added by Ord. 559-85, App. 12/27/85; amended and renumbered by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.47.  REQUIREMENTS FOR LOT LINE WINDOW AGREEMENTS.
   All lot line window agreements shall comply with the following requirements:
      1.   The building to which the agreement relates shall comply with the Building Code and all other applicable codes, ordinances and regulations of the City and with all applicable federal and State laws and regulations.
      2.   The building shall be constructed or remodeled in conformity with the plans and specifications submitted with the application for a lot line window agreement and shall be used for the purposes stated in the application.
      3.   The agreement shall be terminable at any time, with or without cause and without penalty, by either party. The termination will not be effective, however, unless the terminating party gives at least 90 days prior written notice of termination which is mailed or delivered to the other party. The notice of termination shall contain the legal descriptions of both properties and shall be acknowledged by the terminating party. The notice of termination may be recorded by either party at any time and, after the termination date, the recorded notice shall be conclusive proof of termination of the agreement.
      4.   The building owner shall agree that, in the event the agreement is revoked, the openings consented to by the agreement shall be protected or closed, as required by the Building Code, and the building otherwise modified as may be necessary to comply with those Building Code requirements that become applicable because of protecting or closing the openings.
      5.   The building owner shall indemnify the City, its officers, employees and agents, against all liabilities that may result from or be connected with the agreement.
      6.   During the life of the agreement, the building owner shall maintain comprehensive personal liability insurance with limits satisfactory to the Risk Manager of the City and with the City, its officers, agents and employees named as additional insureds.
      7.   The agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.
      8.   The agreement shall be executed by both parties and shall contain the legal descriptions of both properties. The Director of Property shall execute the agreement for and on behalf of the City, provided the agreement has been previously approved by the City Attorney and the head of the department having jurisdiction over the City's Real Property. The agreement shall be acknowledged by both parties and the Director of Property shall cause the agreement to be recorded.
(Formerly Sec. 23.29; added by Ord. 559-85, App. 12/27/85; amended and renumbered by Ord. 15-01, File No. 001965, App. 2/2/2001)
SEC. 23.48.  FEES AND FEE PAYMENTS.
   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)