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