SEC. 1401. AUTHORITY AND MANDATE.
§ 1401
This section establishes that San Francisco's Mission Bay subdivision code is adopted under state law and replaces prior Mission Bay subdivision rules; it clarifies that Mission Bay subdivision requirements take precedence over other city regulations (except where state law or the Plans require otherwise), and that this code applies to all subdivisions in the Mission Bay Project Area until the Plan terminates.
San Francisco adopted this subdivision code for the Mission Bay area under California state law, replacing older rules that used to govern the area. The rules in this code control how subdivisions work in Mission Bay, overriding most other city rules—except that the Plans and Plan Documents can override this code if they conflict, and state law always applies. These rules apply to all subdivisions in Mission Bay until the Plan ends; after that, regular city subdivision rules take over.
- Complex:The section contains multiple cross-references to external documents (SMA, Plans, Plan Documents, Development Agreement) and layered priority rules that require understanding three different legal sources and their interactions.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) This Code is adopted pursuant to the Subdivision Map Act of California, Title 7, Division 2 of the Government Code, commencing with Section 66410 (hereinafter referred to as "SMA"), and repeals the Mission Bay Subdivision Code, adopted as Exhibit F to Ordinance No. 60-91, being the Mission Bay Development Agreement, to the extent, if any, not previously repealed by the termination of the Development Agreement, and repeals the Mission Bay Subdivision Regulations adopted by the Director on October 18, 1991, to the extent not previously repealed.
(b) Any amendments to SMA, adopted subsequent to the effective date of this Code, shall not invalidate any provisions of this Code. Any amendments to SMA that may be inconsistent with this Code shall govern.
(c) Subject to the procedures and requirements for development in the Mission Bay Project Area set forth in the Plans and Plan Documents, as defined in the Plans, this Code shall govern in relation to all other City regulations. Except as required by the SMA, in the event of any inconsistency or conflict between the provisions of this Code and the Plans or Plan Documents, the Plans and Plan Documents shall control. All applications for tentative Maps, Vesting Tentative Maps, Parcel Maps and Final Maps shall be consistent with the Plans and Plan Documents.
(d) This Code and the regulations adopted pursuant to this Code shall apply to all subdivisions hereafter made entirely or partially within the Mission Bay Project Area. This Code shall be effective until the termination of the Plan, including any modifications or extensions thereof. Upon termination all the subdivisions in the Mission Bay Project Area shall be governed by the San Francisco Subdivision Code and applicable regulations unless otherwise specified.
(Added by Ord. 329-98, App. 10/30/98)