SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION,
MERGER, AND CONVERSION.
(a) Findings. San Francisco faces a continuing shortage of affordable housing. There is a high ratio of rental to ownership tenure among the City’s residents. The General Plan
recognizes that existing housing is the greatest stock of rental and financially accessible residential units, and is a resource in need of protection. Therefore, a public hearing will be held
prior to approval of any Development Application that would allow removal of existing housing, reduce the size of a Residential Flat, merge any portion of a Residential Flat with another
unit, or change the configuration of a Residential Flat such that the unit is no longer considered a Residential Flat, with certain exceptions, as described below. The Planning Commission
has developed a Code Implementation Document setting forth procedures and regulations for the implementation of this Section 317 as provided further below. The Zoning Administrator
shall modify economic criteria related to property values and construction costs in the Implementation Document as warranted by changing economic conditions to meet the intent of this
Section.
(b) Definitions. For the purposes of this Section 317, the terms below shall be as defined below. The Planning Department shall use these definitions when implementing state laws that
use similar terms if state law does not define such terms. Capitalized terms not defined below are defined in Section 102 of this Code.
(1) "Residential Conversion" shall mean the removal of cooking facilities, change of occupancy (as defined and regulated by the Building Code), or change of use (as defined and
regulated by the Planning Code), of any Residential Unit or Unauthorized Unit to a Non-Residential or Student Housing use.
(2) "Residential Demolition" shall mean any of the following:
(A) Any work on a Residential Building for which the Department of Building Inspection determines that an application for a demolition permit is required, or
(B) A major alteration of a Residential Building that proposes the Removal of 50% or more of the sum of the combined Front Facade and Rear Facade and 50% or more of the
Horizontal Elements of the existing building, as measured in square feet of actual surface area.
(3) "Façade" is defined in Section 102 of this Code.
(4) "Front Façade" is defined in Section 102 of this Code.
(5) "Horizontal Elements" shall mean all roof areas and all floor plates, except floor plates at or below grade.
(6) "Mandatory Discretionary Review" is defined in Section 102 of this Code.
(7) “Residential Merger” shall mean the combining of two or more Residential or Unauthorized Units, including the creation of an open connection between Units, resulting in a
decrease in the number of Residential Units and Unauthorized Units within a building, or the enlargement of one or more existing units while reducing the size of others by more than 25%
of their original floor area, even if the number of units is not reduced. Residential Merger shall also include the reconfiguration of a Residential Flat with another Dwelling Unit, if the
proposed project would reconfigure an existing Residential Flat such that the reconfigured Residential Flat would no longer meet the definition of a Residential Flat, even if the number of
Dwelling Units is not reduced and the Residential Flat is not reduced in size.
(8) "Rear Façade" is defined in Section 102 of this Code.
(9) “Removal” shall mean, with reference to a wall, roof or floor structure, its dismantling, its relocation or its alteration of the exterior function by construction of a new building
element exterior to it. The infill of an existing exterior opening shall be considered a demolition. Where a portion of an exterior wall is removed, any remaining wall above or below that
new opening with a height less than the Building Code requirement for legal head room shall be considered demolished. Removal and replacement of exterior elements for repair or
maintenance pursuant to a Department of Building Inspection Corrections Notice shall not be considered Removal for purposes of this Section 317, provided the replacement uses like
materials and does not increase the extent of the removed element or increase the volume of the building. The foregoing does not supersede any requirements for or restrictions on
noncomplying structures and their reconstruction as governed by Article 1.7 of this Code. Where an entire building is moved to another location, it shall not be considered Removal for the
purposes of this Section. The elevation of an entire building, regardless of height, shall be considered Removal of Horizontal Elements for the purposes of this Section 317.
(10) "Removal" shall mean, with reference to a Residential or Unauthorized Unit, its Conversion, Demolition, or Merger.
(11) "Residential Building" is defined in Section 102 of this Code.
(12) "Residential Unit" shall mean a legal conforming or legal nonconforming Dwelling Unit, a legal nonconforming Live/Work Unit or Group Housing.
(13) "Unauthorized Unit" shall mean one or more rooms within a building that have been used, without the benefit of a building permit, as a separate and distinct living or sleeping
space independent from Residential Units on the same property. "Independent" shall mean that (i) the space has independent access that does not require entering a Residential Unit on the
property and (ii) there is no open, visual connection to a Residential Unit on the property.
(c) Applicability; Exemptions.
(1) Within the Priority Equity Geographies Special Use District, any Development Application that seeks authorization for Removal of one or more Residential or Unauthorized Units
is required to obtain Conditional Use authorization.
(2) Outside the Priority Equity Geographies Special Use District, any Development Application that seeks authorization for Removal of one or more Residential or Unauthorized Units
is required to obtain Conditional Use authorization unless it meets all the following criteria:
(A) The project sponsor certifies under penalty of perjury that any units to be demolished are not tenant occupied and are without a history of evictions under Administrative Code
Sections 37.9(a)(8)-(12), (14), or (17) within the last ten years, and have not been vacated within the past ten years pursuant to a Buyout Agreement, as defined in Administrative Code
Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9E(h);
(B) No units would be removed or demolished that are:
(i) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower- or very low-income within the past ten years; or
(ii) subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past ten years; or
(iii) rented by lower- or very low-income households within the past ten years;
(C) The building proposed for demolition is not an Historic Building as defined in Section 102, and further provided that if the building proposed for demolition was built before
1923, the Planning Department has determined that it does not meet the criteria for designation as an Historic Building as defined in Section 102;
(D) The proposed project is adding at least one more Residential Unit than would be demolished;
(E) The proposed project complies with the requirements of Section 317.2; and
(F) The project sponsor has conducted one meeting prior to or within 20 days of filing a Development Application..2 The Planning Department shall not determine a Development
Application to be complete without confirmation that the project sponsor has held at least one meeting conforming to the requirements of this subsection (c)(2)(F) and any additional
procedures the Planning Department may establish. The project sponsor shall provide mailed notice of the meeting to the individuals and neighborhood organizations specified in Planning
Code Section 333(e)(2)(A) and (C), as well as posted notice as set forth in Planning Code Section 333(e)(1).
(3) If the proposed project is located in a Residential, House (RH) zoning district within the Family Housing Opportunity Special Use District (Section 249.94), the requirements of
Section 249.94 shall control.
(4) For Unauthorized Units, this Conditional Use authorization will not be required for Removal if the Zoning Administrator has determined in writing that the unit cannot be legalized
under any applicable provision of this Code. The application for a replacement building or alteration permit shall also be subject to Conditional Use requirements.
(5) The Conditional Use requirement of subsubsections1 (c)(1) and (c)(2) shall apply to (A) any building or site permit issued for Removal of an Unauthorized Unit on or after March
1, 2016, and (B) any permit issued for Removal of an Unauthorized Unit prior to March 1, 2016 that has been suspended by the City or in which the applicant’s rights have not vested.
(6) The Removal of a Residential Unit that has received approval from the Planning Department through administrative approval or the Planning Commission through a Discretionary
Review or Conditional Use authorization prior to the effective date of the Conditional Use requirement of subsections (c)(1) or (c)(2) is not required to apply for an additional approval
under this Section 317.
(7) Exemptions for Unauthorized Dwelling Units. The Removal of an Unauthorized Unit does not require a Conditional Use authorization pursuant to subsections (c)(1) or (c)(2) if:
(A) the Unauthorized Unit requires a waiver of open space or dwelling unit exposure requirements, and the Unauthorized Unit is ineligible for a waiver or exemption from those
standards pursuant to Section 307, Section 207.1 (Accessory Dwelling Units - Local Program), Section 207.2 (Accessory Dwelling Units - State Mandated Program), or Section 207.3
(Dwelling Unit Legalization Program); or
(B) the Unauthorized Unit has no contiguous area that meets both the required minimum superficial floor area in Housing Code Section 503(b) and the minimum legal floor-to-
ceiling height requirement in Housing Code Section 503(a).
(8) Exemptions for Single-Family Residential Buildings. The Demolition of a Single-Family Residential Building that meets the requirements of subsubsection1 (d)(3) below may be
approved by the Department without requiring a Conditional Use authorization pursuant to in1 subsection (c)(1) or (c)(2).
(9) Exception for Certain Permits Filed Before February 11, 2020. An application to demolish a Single-Family Residential Building on a site in a RH-1 or RH-1(D) District that is
demonstrably not affordable or financially accessible housing, meaning housing that has a value greater than 80% than the combined land and structure values of single-family homes in
San Francisco as determined by a credible appraisal made within six months of the application to demolish, is exempt from the Conditional Use authorization requirement of subsections (c)
(1) or (c)(2), provided that a complete Development Application was submitted prior to February 11, 2020.
(10) Exception for Certain Unauthorized Units with No Tenant Occupant for 10 Years. The Conditional Use requirement of subsections (c)(1) and (c)(2) shall not apply to an
application for a permit that would result in the Removal of an Unauthorized Unit in a one-family dwelling where all of the conditions in subsection (c)(10)(A) are met. To establish
eligibility, the owner shall furnish a declaration under penalty of perjury on a form prescribed by the Department, attesting to compliance with all of the conditions in subsection (c)(10)(A).
(A) Eligibility. The one-family dwelling shall meet all the following criteria:
(i) the owner currently resides in the primary dwelling unit;
(ii) the Unauthorized Unit has not been rented for consideration in the last 10 years. For the purposes of this subsection (c)(10)(A)(ii), “rented for consideration” shall not include
any use or tenancy of the Unauthorized Unit by a blood, adoptive, or step-family relationship, specifically by a grandparent, parent, sibling, child, or grandchild, or the spouse or registered
domestic partner of such relations, or by a property owner’s spouse or registered domestic partner;
(iii) the owner intends to reside in the one-family dwelling for at least three years after the Removal of the Unauthorized Unit is approved; and
(iv) the owner enters into a regulatory agreement with the City subjecting the one-family dwelling to the San Francisco Residential Rent Stabilization and Arbitration Ordinance
(Chapter 37 of the Administrative Code) pursuant to subsection (c)(10)(B).
(B) Regulatory Agreement. Sponsors of projects utilizing the Conditional Use Authorization exception in subsection (c)(10) of this Section 317 shall enter into a regulatory
agreement with the City subjecting the one-family dwelling to the rent increase limitations of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the
Administrative Code), as amended from time to time, as a condition of approval of the permit to remove the Unauthorized Unit (“Regulatory Agreement”). The property owner and the
Planning Director, or the Director’s designee, on behalf of the City, shall execute the Regulatory Agreement, which is subject to review and approval by the City Attorney’s Office. The
Regulatory Agreement shall be executed prior to the City’s issuance of the permit to remove the Unauthorized Unit. Following execution of the Regulatory Agreement by all parties and
approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded in the title records in the Office of the Assessor-Recorder against the property and the
Regulatory Agreement shall be binding on all future owners and successors in interest. The Planning Department shall note the existence of any recorded Regulatory Agreement applicable
to the Housing Development Project on a publicly-accessible website. At a minimum, the Regulatory Agreement shall contain the following:
(i) A statement that the one-family dwelling is not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.) Further, that under Section
1954.52(b), the property owner has entered into and agreed to the terms of the agreement with the City in consideration for other forms of assistance or other direct financial contribution
specified in California Government Code Section 65915 et seq.;
(ii) A description of the forms of assistance or other direct financial contribution provided to the property owner; and
(iii) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement.
(11) If a Hotel or Motel is lawfully authorized for Interim Housing use in accordance with Section 202.15, and such use ceases, the abandonment, cessation, or termination of Interim
Housing use shall not be considered a Residential Conversion. The reactivation of any Hotel or Motel use pursuant to Section 202.15(h) shall not be considered a Residential Conversion.
(d) Demolition.
(1) No permit to Demolish a Residential Building in any zoning district shall be issued until a building permit for the replacement structure is finally approved. Any replacement
structure shall comply with Section 317.2 as applicable. A permit to demolish may be approved prior to issuance of a building permit for a replacement structure if the building is
determined to pose a serious and imminent hazard as defined in the Building Code, but in no case shall the obligation to comply with Section 317.2 be waived. The Zoning Administer2
may modify the timing of compliance with Section 317.2, as necessary, for demolitions approved prior to issuance of a building permit for a replacement structure due to a determination
that the building poses a serious and imminent hazard. A building permit is finally approved if the Board of Appeals has taken final action for approval on an appeal of the issuance or
denial of the permit or if the permit has been issued and the time for filing an appeal with the Board of Appeals has lapsed with no appeal filed.
(2) Conditional Use authorization is required for approval of the permit for Residential Demolition, and the Commission shall consider the replacement structure as part of its decision
on the Conditional Use application. If Conditional Use authorization is required for the replacement structure by other sections of this Code, the Commission shall consider the demolition
as part of its decision on the Conditional Use application.
(3) The Planning Commission, in the Code Implementation Document, shall adopt criteria and procedures for determining the soundness of a structure proposed for demolition, where
“soundness” is an economic measure of the feasibility of upgrading a residence that is deficient with respect to habitability and Housing Code requirements, due to its original construction.
The “soundness factor” for a structure shall be the ratio of a construction upgrade cost (i.e., an estimate of the cost to repair specific habitability deficiencies) to the replacement cost (i.e., an
estimate of the current cost of building a structure the same size as the existing building proposed for demolition), expressed as a percentage. A building is unsound if its soundness factor
exceeds 50%. A Residential Building that is unsound may be approved for demolition without requiring a Conditional Use authorization.
(4) Nothing in this Section is intended to permit Residential Demolition in those areas of the City where other sections of this Code prohibit such demolition or replacement structure.
(5) Nothing in this Section is intended to exempt buildings or sites where demolition is proposed from undergoing review with respect to Articles 10 and 11 of the Planning Code,
where the requirements of those articles apply. Notwithstanding the definition of "Residential Demolition" in this section and as further described in the Code Implementation Document
with regard to Residential Demolition, the criteria of Section 1005 shall apply to projects subject to review under the requirements of Article 10 with regard to the structure itself.
(6) No permit to Demolish a Residential Building shall be issued until the project sponsor has complied with the notice requirements of Section 317.2(e)(1) and (e)(2), subdivisions
(A)-(C) and (F), and the requirements of Section 317.2(d)(2) to provide a relocation plan for Existing Occupants.
(7) If the Rent Board has issued a decision under Section 37.9(l) of the Administrative Code that there was a wrongful endeavor to recover possession of a rental unit through tenant
harassment, any authorization to demolish the building shall be conditioned on the expiration of five years from the date the decision became final, unless otherwise required by law or
where the Director of the Department of Building Inspection has determined that the building poses a serious and imminent hazard as defined in the Building Code.
(8) If the Department or a court determines that a tenant vacated a unit under a buyout agreement but that the landlord did not comply with the requirements of Administrative Code
Sections 37.9E, subdivisions (d)-(f) and (h), then any authorization to demolish the building shall be conditioned on the expiration of five years from the date the tenant vacated the unit,
unless either a court or the Rent Board acting under Administrative Code Section 37.9E(l) finds that the landlord substantially complied with those requirements.
(e) Conversion to Student Housing. The conversion of Residential Units to Student Housing is prohibited. For the purposes of this subsection, Residential Units that have been defined
as such by the time a First Certificate of Occupancy has been issued by the Department of Building Inspection for new construction shall not be converted to Student Housing.
(f) Residential Merger. The Merger of Residential Units, not otherwise subject to Conditional Use authorization by this Code, or exempted from the Conditional Use requirement by
this Section 317, shall be prohibited.
(g) Conditional Use Criteria.
(1) C-3 Districts. When considering whether to grant Conditional Use authorization for the loss or Removal of Residential or Unauthorized Unit(s) in the C-3 districts, in lieu of the
criteria set forth in Planning Code Section 303, consideration shall be given to the adverse impact on the public health, safety, and general welfare of the loss of housing stock in the district
and to any unreasonable hardship to the applicant if the permit is denied.
(2) Residential Merger. The Planning Commission shall consider the following criteria in the review of Development Applications to merge Residential or Unauthorized Units:
(A) whether the Merger of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed have been owner occupied;
(B) whether the remaining unit following the Merger with another is intended for owner occupancy;
(C) whether the Merger of the unit(s) will remove an affordable housing unit as defined in Section 401 of this Code or housing subject to the Residential Rent Stabilization and
Arbitration Ordinance;
(D) if the Merger of the unit(s) removes an affordable housing unit as defined in Section 401 of this Code or units subject to the Residential Rent Stabilization and Arbitration
Ordinance, whether replacement housing will be provided which is equal or greater in size, number of bedrooms, affordability, and suitability to households with children to the units being
removed;
(E) how recently the unit being removed through the Merger was occupied by a tenant or tenants;
(F) whether the number of bedrooms provided in the merged unit will be equal to or greater than the number of bedrooms in the separate units;
(G) whether removal of the unit(s) is necessary to correct design or functional deficiencies that cannot be corrected through interior alterations;
(H) the appraised value of the least expensive Residential Unit proposed for Merger only when the Merger does not involve an Unauthorized Unit.
The Planning Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9)-(12), (14) or (17)
where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within 10 years prior to filing the application for merger. Additionally, the Planning
Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a
notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing the application for merger. This subsection (g)(2)(H) shall not apply if the tenant was
evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted
to the Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant’s right to reoccupy the
unit after the temporary eviction and that the tenant chose not to reoccupy it.
(3) Residential Conversion. The Planning Commission shall consider the following criteria in the review of applications for Residential Conversion;
(A) whether conversion of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed were owner occupied;
(B) whether Residential Conversion would provide desirable new Non- Residential Use(s) appropriate for the neighborhood and adjoining district(s);
(C) in districts where Residential Uses are not permitted, whether Residential Conversion will bring the building closer into conformance with the Uses permitted in the zoning
district;
(D) whether conversion of the unit(s) will be detrimental to the City's housing stock;
(E) whether conversion of the unit(s) is necessary to eliminate design, functional, or habitability deficiencies that cannot otherwise be corrected;
(F) whether the Residential Conversion will remove Affordable Housing, or units subject to the Residential Rent Stabilization and Arbitration Ordinance.
(4) Planning Commission approval shall not be required for the change of use or occupancy of a Dwelling Unit, Group Housing, or SRO to Student Housing if the Dwelling Unit,
Group Housing, or SRO will be Student Housing owned, operated or otherwise controlled by a not for profit post-secondary Educational Institution and
(A) it was built by the post-secondary Educational Institution;
(B) it is in a convent, monastery, or similar religious order facility;
(C) it is on an adjoining lot (i.e., sharing the same lot line) to the post- secondary Educational Institution, so long as the lot has been owned by the post-secondary Educational
Institution for at least ten years as of the effective date of Ordinance 188-12; or
(D) as of August 10, 2010, it was owned, operated or otherwise controlled by a post-secondary Educational Institution that had an Institutional Master Plan on file with the Planning
Commission, and where the occupancy by those other than students at that date was less than 20% of the total occupants. For purposes of determining occupancy, the post- secondary
Educational Institution shall present to the Planning Department verified information regarding its rental or lease of units as of that date.
(5) Planning Commission approval shall not be required for a Residential Conversion if the Residential Unit was subject to the Residential Hotel Unit Conversion and Demolition
Ordinance, San Francisco Administrative Code Chapter 41, and obtained a permit to convert in compliance with the requirements set forth therein.
(6) Residential Demolition. The Planning Commission shall make findings based on the criteria in Section 303(c) when reviewing Development Applications for projects that require
both the demolition of a single-family home and construction of a single-family home. The Planning Commission shall make the findings set forth below in the review of Development
Applications for projects that require either the demolition of two or more Residential Units, or the demolition of a single-family home and construction of two or more Residential Units. If
the Planning Commission finds the project does not meet at least 70 % of these criteria, the application shall be denied. If a criterion does not apply to project, the Commission shall find
that criterion to have been met.
(A) The property is not subject to an open or unabated notice of violation issued by the Planning Department or Department of Building Inspection at the time the Development
Application is submitted.
(B) The project does not propose changes to more than 20% of the character defining features of a building that is designated as a landmark under Article 10, is listed as a contributor
to an historic district in Article 10, is listed as a Significant or Contributory Building under Article 11, is listed in the California Register of Historical Resources, or is listed on the National
Register of Historic Places.
(C) The project increases the number of Residential Units subject to the rent increase limitations of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the
Administrative Code) compared to the number of existing Residential Units and Unauthorized Units subject to the rent increase limitations of the Residential Rent Stabilization and
Arbitration Ordinance.
(D) The project does not require the Residential Demolition of existing, deed-restricted, affordable and/or below market rate housing, or increases the number of permanently
Affordable Units located on the site.
(E) The project, if five units or more, increases the number of two or more bedroom units on-site.
(F) The project is a rental project.
(G) The project results in a net increase of Dwelling Units on-site and number of bedrooms on-site.
(H) No tenant has vacated any unit in the building within the previous 36 months pursuant to a notice to vacate under Administrative Code Section 37.9(a)(8) that was served after
the effective date of the ordinance in Board of Supervisors File No. 250926.
(7) Removal of Unauthorized Units. In addition to the criteria set forth in subsections (g)(1) through (g)(6) above, the Planning Commission shall consider the criteria below in the
review of applications for removal of Unauthorized Units:
(A) whether the Unauthorized Unit has been rented within the 10 years preceding the application, excluding any use of the Unauthorized Unit by a blood, adoptive, or step-family
relationship, specifically by a grandparent, parent, sibling, child, or grandchild, or the spouse or registered domestic partner of such relations, or by a property owner’s spouse or registered
domestic partner;
(B) whether the Unauthorized Unit has a history of evictions under Administrative Code Sections 37.9(a)(8)-(12), (14), or (17) within the 10 years preceding the application.
(8) Denial of Application to Remove an Unauthorized Unit; Requirement to Legalize the Unit. If the Planning Commission denies an application to Remove an Unauthorized
Unit, the property owner shall file a Development Application and any necessary application for a building permit to legalize the Unit. Failure to do so within a reasonable period of time, as
determined by the Zoning Administrator, shall be deemed to be a violation of the Planning Code.
(9) Residential Flats. In addition to the other considerations in this subsection (g), the Planning Commission shall consider the criteria below when reviewing a project application that
would merge a Residential Flat such that it would no longer meet the definition of a Residential Flat:
(A) whether reduction in size, reconfiguration, or merger of the Flat(s) would reduce the size of any Flat by more than 25% of its original floor area; and
(B) whether the proposed project is maintaining or increasing the number of units on the Lot that contain at least two or more bedrooms or that are at least equivalent in size to the
Residential Flats being reduced or reconfigured.
(h) Notice of Conditional Use Hearing. For any hearing to consider a Conditional Use authorization required under subsection (g)(2), (g)(3), (g)(4), or (g)(5), the Zoning Administrator
shall provide notice as required by Section 333 of this Code, including an explanation of the process for demolishing, merging, or converting Residential Units or Unauthorized Units, and
including a description of subsequent permits that would be required from the Planning Department and Department of Building Inspection and how they could be appealed, in addition to
any other notice required under this Code.
(i) Additional Exemptions. This Section 317 shall not apply to property:
(1) Owned by the United States or any of its agencies;
(2) Owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental purpose;
(3) Under the jurisdiction of the Port of San Francisco or the Successor Agency to the Redevelopment Agency of the City and County where the application of this Section is
prohibited by State or local law; or
(4) Where demolition of the building or Removal of a Residential Unit or Unauthorized Unit is necessary to comply with a court order or City order that directs the owner to demolish
the building or remove the unit, due to conditions that present an imminent threat to life safety.
(j) Disclosure of Unauthorized Units.
(1) Disclosure Required. All Development Applications shall disclose the presence of any Unauthorized Unit at the subject property. In addition to the verification required by
Planning Code subsection 306.1(d), any Development Application that does not identify an Unauthorized Unit at the subject property shall include a declaration, signed under penalty of
perjury by the owner(s) or owner’s authorized agent, that no Unauthorized Units exist at the property.
(2) Application Contents. All Development Applications shall require the applicant to report certain information that may suggest the presence of Unauthorized Units at the property.
The Planning Department shall develop, and publish on the Department’s website, a list of such information, which shall include, at minimum:
(A) The number of dwelling units at the property, and, to the best of the applicant’s knowledge, whether any units or bedrooms have been rented in the prior 10 years.
(B) For each unit that has been rented, the number of bedrooms in such unit.
(C) The number of mailboxes at the property.
(D) The number of utility meters at the property.
(3) Planning Department Investigation. If the application states that the property does not contain any Unauthorized Unit, but the information contained in the application leads
Department staff to reasonably believe that an Unauthorized Unit may exist on the property, Department staff shall investigate whether the property contains any Unauthorized Unit. Such
investigation may include research into property and Residential Rent Stabilization and Arbitration Board rental records, inspection of the property, or review of evidence of prior tenancy
submitted by current and former owners, tenants, and neighbors. Department staff shall review and consider inspection reports and notices of violation prepared by the Department of
Building Inspection and any relevant information contained in the Department’s files for the property. If, after conducting an investigation, the Department determines that the
Development Application failed to disclose any Unauthorized Unit, the Department shall cancel the Development Application as inaccurate pursuant to Section 306.1(d).
(k) Department Inspection. Prior to recommending approval of Residential Demolition, Conversion, or Merger, the Department shall inspect the property. The Department’s inspection
shall attempt to establish whether the property contains rental units and whether any rental units are occupied. The Department shall also request information from the Residential Rent
Stabilization and Arbitration Board that indicates whether any rental units on the property are subject to the Residential Rent Stabilization and Arbitration ordinance.
(Added by Ord. 69-08, File No. 080210, App. 4/17/2008; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013,
Eff. 5/10/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 219-14 , File No. 140775, App. 10/29/2014, Eff. 11/28/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15 , File No. 150871,
App. 11/4/2015, Eff. 12/4/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord.
63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 81-20, File No. 200142, App. 5/29/2020, Eff. 6/29/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff.
1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 64-24, File No. 231185, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 39-25, File No. 241067, App.
4/3/2025, Eff. 5/4/2025; Ord. 98-25, File No. 250257, App. 6/27/2025, Eff. 7/28/2025; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 3-26,
File No. 250926, App. 1/8/2026, Eff. 2/8/2026)
AMENDMENT HISTORY
[Former] division (e)(1) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (b)(1) and [former] (f)(1) amended; Ord. 188-12, Eff. 10/11/2012. [Former] division (d)(3)(C) amended; Ord. 62-13, Eff. 5/10/2013. Section header and division (b)(1)
amended; divisions (b)(2), (b)(7), (b)(11), (b)(12), [former] (c), (d), (d)(2), (d)(3), (d)(4), (d)(5), [former] (e)-(e)(2) amended; [former] divisions (e)(4), (f), (f)(1) and (f)(2) amended; [former] divisions (g) and (g)(3) amended; Ord. 287-13, Eff.
1/25/2014. Division (b)(1) amended; divisions (b)(12) and [former] (f)(1) amended; [former] divisions (f)(3) and (f)(4) added; Ord. 219-14, Eff. 11/28/2014. Divisions (b)(3), (b)(4), (b)(6), (b)(8), (b)(11), and (b)(12) amended; Ord. 22-15, Eff.
3/22/2015. Nonsubstantive change; Ord. 188-15, Eff. 12/4/2015. Section header and divisions (b), (b)(1), (b)(7), (b)(10), and (b)(12) amended; new division (b)(13) added and former division (b)(13) redesignated as (b)(14); division (c) amended
and redesignated as (c)(1); new divisions (c)(2)-(5) added; divisions (d)(2), (d)(3), (d)(3)(A), and (d)(3)(B) amended; former division (d)(3)(C) deleted; new divisions (e), (f), (g), and (g)(1) added; former divisions (e)-(e)(4) amended and
redesignated as current division (g)(2) and its subdivisions; former divisions (f)-(f)(2)(F) redesignated as current division (g)(3)1 and its subdivisions; new divisions (g)(5)-(7) and (h) added; former division (g) amended and redesignated as (i);
current divisions (i)(3) and (4) amended; Ord. 33-16, Eff. 4/10/2016. Division (c) amended; former division (g)(6)(A) deleted; former divisions (g)(6)(B)-(D) redesignated as divisions (g)(6)(A)-(C); Ord. 195-18, Eff. 9/10/2018. Division (h)
amended; divisions (h)(1)-(2) deleted; Ord. 179-18, Oper. 1/1/2019. Division (g)(3) amended; second division (g)(3) redesignated as (g)(4) and amended; divisions (g)(4)-(7) redesignated as (g)(5)-(8); Ord. 63-20, Eff. 5/25/2020. Section header
and division (c)(5) amended; division (c)(6) added; former divisions (d)(3)-(d)(3)(A) deleted; former division (d)(3)(B) redesignated as (d)(3) and amended; Ord. 81-20, Eff. 6/29/2020. Undesignated paragraph after division (g)(2)(H) amended;
Ord. 136-21, Eff. 9/4/2021. Division (c)(1) amended as (c)(1) and (c)(4); former divisions (c)(2)-(6) redesignated and amended as (c)(5)-(9); new divisions (c)(2)-(c)(2)(G) and (c)(3) added; Ord. 248-23, Eff. 1/14/2024. Division (g)(7) amended;
Ord. 33-24, Eff. 3/23/2024. Divisions (c)(7) and (f) amended; divisions (c)(7)(A)-(B) and (c)(10)-(c)(10)(B)(iii) added; divisions (g)(7)(A)-(C) deleted; new divisions (g)(7)(A)-(B) added; Ord. 64-24, Eff. 4/28/2024. Divisions (c)(2)(D), (c)(4), and
(c)(7)(A) amended; Ord. 297-24, Eff. 1/19/2025. Division (c)(11) added; Ord. 39-25, Eff. 5/4/2025. Division (c)(11) amended; Ord. 98-25, Eff. 7/28/2025. Divisions (j)-(k) added; Ord. 170-25, Eff. 10/6/2025. Divisions (a), (b)(7), and (g)(8)
amended; divisions (g)(9)-(g)(9)(B) added; Ord. 245-25, Eff. 1/12/2026. Divisions (a), (b), (b)(7), (b)(9), (c)(1)-(2)(A), (c)(2)(B)(i)-(iii), (c)(2)(E), (c)(10)(B), (d)(1), (g)(2)-(2)(E), (g)(2)(H) and subsequent paragraph, (g)(6), and (g)(7)(B)
amended; divisions (b)(2)(D), (b)(14), (c)(2)(F), and (g)(6)(A)-(R) deleted; new divisions (d)(6)-(8) and (g)(6)(A)-(H) added; divisions (b)(2)(B)-(C) amended as (b)(2)(B); division (c)(2)(G) amended as (c)(2)(F); Ord. 3-26, Eff. 2/8/2026.
CODIFICATION NOTES
1. So in Ord. 248-23.
2. So in Ord. 3-26.