The San Francisco Subdivision Code, last amended by Ordinance 248-23 in December 2023, regulates the division of land in the city for sale, lease or financing. It supplements the California Subdivision Map Act (SMA), prescribing additional rules and procedures.
In This Article
Key Points
- The San Francisco Subdivision Code regulates the division of land in the city, supplementing state law with additional local requirements
- Condominium conversions have special rules to preserve rental housing and protect tenants, including annual limits, affordability requirements, and tenant rights
- Proposed subdivisions are reviewed by the Planning Department for consistency with zoning, design guidelines, and the General Plan, and by Public Works for compliance with mapping and infrastructure standards
Key provisionals:
- Tentative Maps, Final Maps and Parcel Maps are required for subdivisions creating 5 or more parcels or units, with some exceptions
- Parcel Maps are required for subdivisions creating fewer than 5 parcels or units in most cases
- Condominium conversions have special requirements to preserve rental housing, protect tenants, and expand affordable housing
The Code aims to ensure subdivisions are consistent with San Francisco’s General Plan and zoning regulations. It establishes procedures for subdivision approval by the Department of Public Works and Planning Department.
Condominium Conversion Regulations
Condominium conversions, where existing multi-unit buildings are subdivided into individually owned units, are regulated more strictly than new construction in San Francisco. The Subdivision Code, in conjunction with the California Civil Code, Subdivision Ordinance, Uniform Building Code, and General Plan, imposes special requirements on conversions:
- Preserving a balance of rental and ownership housing by restricting annual conversion quotas
- Tenant protections like noticing, relocation assistance, and right of first refusal to purchase
- Extended leases for elderly and disabled tenants
- Disclosures to buyers about building conditions
- Affordability requirements and price restrictions on some converted units
- Compliance with zoning, building codes, and housing density limits
In recent years, the Planning Department has scrutinized proposed “Article 9 Exclusions” that exempt some conversion projects from these rules. The Department is concerned exclusions encourage expansions of existing units to qualify as “new construction” and circumvent tenant and affordability protections.
Subdivision and Land Use Planning
The Subdivision Code works in tandem with San Francisco’s zoning, building codes, and General Plan to guide the city’s growth and development. Proposed subdivisions must conform to:
- Allowable uses and density for the zoning district
- Lot size, configuration, and dimension requirements
- Provision of infrastructure like streets, utilities, and open space
- Urban design guidelines and neighborhood character
- Consistency with General Plan elements like the Housing Element
The Planning Department reviews Tentative Maps for consistency with these planning regulations. Common issues include undersized lots, exceeding density limits, and inadequate street frontage or access. Subdivisions may require a conditional use permit or variance from the Planning Code in some cases.
Approval Process and Administration
Subdivision applications are reviewed by multiple city agencies for compliance with applicable codes and regulations:
- Department of Public Works: Oversees subdivision mapping, engineering, and infrastructure requirements. The County Surveyor checks subdivision maps for technical accuracy.
- Planning Department: Reviews for consistency with zoning, design guidelines, and the General Plan. Administers condominium conversion regulations and affordable housing requirements.
- Other Agencies: Fire Department, Public Utilities Commission, and Department of Building Inspection may also review for compliance with safety and building codes.
Applicants usually start with the Planning Department to determine what approvals are needed. The Permit Center coordinates intake and referral of applications to relevant agencies. After obtaining Planning Department approval, the final map is reviewed by Public Works and recorded with the County Recorder.
Unique San Francisco Issues
San Francisco’s hilly topography, high density, and historic development patterns pose unique challenges for subdivisions compared to other cities:
- Small, irregular lots are common in older neighborhoods, making it difficult to meet minimum lot size and street frontage requirements
- Narrow, winding streets and alleys complicate access, infrastructure provision, and conformance with modern street standards
- Strict zoning and building codes limit development capacity, requiring careful site planning to achieve allowable density
- Earthquake hazards and soil conditions require special engineering considerations for foundations and structures
The Subdivision Code allows for some flexibility through Planned Unit Developments (PUDs) and cluster subdivisions. These allow modified lot configurations and infrastructure in exchange for providing common open space, affordable housing, and other community benefits. However, they still must conform to density limits and other development standards.
FAQ
What is the difference between a tentative map and a final map?
A tentative map is the initial application showing the proposed subdivision layout, infrastructure, and conditions of approval. After review and approval by the Planning Department and Department of Public Works, a final map is prepared with more detailed technical information and recorded with the County.
How long does the subdivision approval process take in San Francisco?
The process typically takes 6-12 months for a small to moderate sized subdivision, but can take longer for large, complex projects. Factors affecting the timeline include the number of lots, environmental review, required public improvements, and any appeals or litigation.
What are the annual limits on condominium conversions in San Francisco?
The Subdivision Code limits approvals of condominium conversion applications to 200 units per year. Unused allocations from prior years can be carried forward. Certain buildings are exempt from the limits, like owner-occupied 2-unit buildings and TICs where all tenants are offered a right to purchase.
Can I subdivide my property if it doesn’t meet minimum lot size requirements?
Possibly, if the proposed lots are consistent with the predominant size and pattern in the surrounding neighborhood. You would need to request a variance from the Zoning Administrator and demonstrate that the subdivision meets the criteria in the Planning Code. Alternatively, you may be able to apply for a PUD if your project provides certain community benefits.
What are the affordable housing requirements for condominium conversions?
The Subdivision Code requires 10% of converted units to be affordable to low or moderate income households, depending on the building size. Alternatively, the requirement can be satisfied by providing an equal number of affordable units off-site, or paying an in-lieu fee to the city’s affordable housing fund. The sales prices and rents for affordable units are set by the Mayor’s Office of Housing and Community Development.
