The Shared Spaces Program; Establishment and Purpose; Core Agency Jurisdiction. | |
Definitions. | |
Shared Spaces Policies and Objectives. | |
Interagency Coordination. | |
Shared Space Permit – Application, Issuance, Modification, and Revocation. | |
Operational Requirements. | |
Special Process for Shared Spaces on City Lots. | |
Appeal of Permit Decisions. | |
Enforcement of Requirements. | |
Fees. | |
Transition of Existing Shared Spaces and Parklets. | |
(a) Establishment and Purpose. There is hereby created a San Francisco Shared Spaces Program. A Shared Space, defined in Section 94A.2, is intended to be a temporary space on City-owned property, and in some cases also on privately-owned open spaces, where the public can gather and participate in various commercial or non-commercial offerings and events. Under the Program, a public or private entity may obtain City approval to create a Shared Space by occupying the location with reversible physical treatments or improvements and/or activating the location with programming.
This Chapter 94A sets forth a streamlined process by which the Planning Department, Department of Public Works, Municipal Transportation Agency, of1 Real Estate Division, Fire Department, Department of Public Health, and Entertainment Commission (collectively, defined in Section 94A.2 as the Core City Agencies), and their successor agencies or departments, if any, will coordinate the review and approval of a request to occupy and activate such spaces and issue a permit to authorize the use.
(b) Core City Agency Jurisdiction Retained. Each Core City Agency shall retain its full authority under the City Charter and applicable Codes to authorize the use and impose conditions on the Shared Space Permit, as defined in Section 94A.2, and enforce the Agency’s requirements. In particular, this Chapter 94A is not intended to (1) be an alternative to the process in the Transportation Code for review and approval of street closures and activities on public streets unrelated to the Shared Spaces Program by the Interdepartmental Staff Committee on Traffic and Transportation (“ISCOTT”) or Municipal Transportation Agency Board of Directors (“SFMTA Board of Directors”), or (2) preclude the Director of Public Works from exercising the authority to regulate activities on the public right-of-way under sections of the Public Works Code that are unrelated to the Shared Spaces Program. Consistent with the definition of a Shared Spaces Permit in Section 94A.2, permits shall be issued by the designated Core City Agency.
CODIFICATION NOTE
For purposes of this Chapter 94A, the following definitions shall apply:
“City” is the City and County of San Francisco.
“City Lot Shared Space” is a Shared Space occurring on property owned by the City under the administration of the Real Estate Division pursuant to Section 94A.7.
“Core City Agencies” are the City departments and agencies participating in the Shared Spaces Program: the Planning Department (“Planning”), Department of Public Works (“Public Works”), Municipal Transportation Agency (“MTA”), Real Estate Division (“Real Estate”), Fire Department, Department of Public Health, and Entertainment Commission.
“Curbside Shared Space” is a Shared Space occurring in a portion of the curbside lane of a City street. Curbside Shared Spaces include occupancies of the public right-of-way previously permitted by Public Works as a Parklet, or a Shared Space during the COVID-19 pandemic. For purposes of the Shared Spaces Program, a Curbside Shared Space is further defined to include the following types:
(a) “Fixed Commercial Parklet” is a fixed encroachment placed in the curbside lane that is used principally for commercial activity during specified business hours. When the Curbside Shared Space is not being activated for commercial use, it is open to the public. Pursuant to Section 94A.6, when the Fixed Commercial Parklet is being activated for commercial use, the Permittee must provide public seating, including but not limited to a public bench, which is accessible to persons who are not patrons of the business.
(b) “Movable Commercial Parklet” is the use of the curbside lane principally for commercial activity during specified business hours, where all structures and furniture are removed from the right-of-way outside of the specified business hours. When the Movable Commercial Parklet is not being activated for commercial use, it is open to the public. Pursuant to Section 94A.6, when the Movable Commercial Parklet is being activated for commercial use, the Permittee must provide public seating, including but not limited to a public bench, which is accessible to persons who are not patrons of the business.
(c) “Public Parklet” is the use of the curbside lane that is fully accessible to the public and is at no time used for commercial activities.
“Director” is the Director of the relevant department or their designee.
“Fixed Commercial Parklet.” See definition of Curbside Shared Space.
“Integrated Shared Space” is a Shared Space with activities occurring on a combination of locations that are Shared Space Categories in close proximity to one another and operated by the same Permittee.
“Longer-Term Closure” has the same meaning as the term is defined in Section 101 of Division II of the Transportation Code.
“Movable Commercial Parklet.” See definition of Curbside Shared Space.
“Public Parklet.” See definition of Curbside Shared Space.
“Roadway Shared Space” is a Shared Space with activities occurring in or on the Traffic Lane, and includes street closures previously approved as part of the Shared Spaces program during the COVID-19 pandemic.
“Shared Space” is a publicly-accessible location approved under the Shared Spaces Program and located (a) on City-owned property under the administration of the Real Estate Division, (b) on the sidewalk, (c) in the curbside lane, (d) on all or any portion of the roadway between curbs, and/or (e) on private property, where the public can gather and participate in commercial or non-commercial offerings and events. Such offerings and events may include, but are not limited to: retail, cultural events, arts activities, and entertainment; food and drink; and general recreation. A Shared Space is managed, fully or partially, by a Permittee under a Shared Space Permit issued under the Program and may involve the temporary and reversible installation and maintenance of physical treatments, improvements, or elements.
“Shared Space Categories” constitute the following types of Shared Spaces, as defined in this Section 94A.2: City Lot Shared Space, Curbside Shared Space, Integrated Shared Space, Roadway Shared Space, and Sidewalk Shared Space.
“Shared Spaces Permit” is a permit issued under the Shared Spaces Program through its Core City Agencies that allows a Permittee to create a Shared Space by temporarily occupying and activating the location for a specified period of time. Shared Spaces permits shall be issued by the Core City Agencies, as follows:
(a) Real Estate shall review and issue permits for City Lot Shared Spaces pursuant to the procedures set forth in Section 94A.7 of this Chapter.
(b) Public Works shall review and issue permits for Curbside Shared Spaces and Sidewalk Shared Spaces pursuant to the procedures set forth in Sections 793 et seq. of the Public Works Code, provided that the Director of Transportation has approved closure of the curbside lane pursuant to procedures set forth in Section 204 of Division II of the Transportation Code.
(c) Where the Roadway Shared Space proposal would result in a Temporary Closure, ISCOTT shall review and issue permits pursuant to the procedures set forth in Section 6.16 of Division I of the Transportation Code. For Roadway Shared Space proposals requiring a Longer-Term Closure of the Traffic Lane, the SFMTA Board of Directors shall evaluate the suitability of closing the street pursuant to procedures set forth in Section 206 of Division II of the Transportation Code, and MTA shall review and issue the Roadway Shared Space permit.
(d) The Entertainment Commission shall review and issue permits pursuant to its jurisdiction as set forth in Article 15.1 of the Police Code.
“Permittee” is, for a City Lot Shared Space, (a) any person or educational, recreational, or social agency, (b) any bona fide fraternal, charitable, religious, benevolent, or other nonprofit organization which is exempt from taxation under the Internal Revenue Code as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization, or (c) a public agency with programs based in San Francisco. For Curbside, Roadway, and Sidewalk Shared Spaces, a “Permittee” may be any person or entity and is not restricted to the organizations and entities described above.
“Shared Spaces Program” or “Program” is the San Francisco Shared Spaces Program established and described in this Chapter 94A.
“Sidewalk Shared Space” is a Shared Space with activities occurring on a portion of sidewalk.
“Temporary Closure” has the same meaning as the term is defined in Section 101 of Division II of the Transportation Code.
To achieve the purpose of the Shared Spaces Program, the Core City Agencies shall perform the functions set forth below consistent with each Agency’s authority under the Charter and other applicable City law. The specific roles of each participating Core City Agency for each Shared Space Category are set forth in Section 94A.4.
(a) Coordinate principles and practices in Shared Spaces designated under the Program with other public agencies operating similar public realm initiatives and projects in the City.
(b) Be responsible for development and administration of Program implementation, policies, and strategies.
(c) Sustain strategic partnerships with stakeholders of Shared Spaces, including community organizations, nonprofit organizations, and businesses, in supporting and enhancing the Program.
(d) Endeavor to keep barriers to participation in the Program as low as possible, including but not limited to keeping administrative and permit fees modest.
(e) Explore efforts to cross-subsidize approved Shared Spaces by leveraging the revenue generated in Shared Spaces that exceeds the cost of managing and operating the Shared Space and directing a portion of the excess funds to support other Shared Spaces that have a demonstrated funding need.
(f) Seek Permittees for Shared Spaces through a Permittee identification process that utilizes existing City partnership efforts where possible and builds strong relationships with Permittees.
(g) Network communication and coordinate efforts of the various Permittees within the Program.
(h) Identify opportunities to streamline permitting for active uses of and access to Shared Spaces so that barriers to event permitting are eliminated or minimized.
(i) Encourage Permittees to maximize events and activities that are free to the public.
(j) Collect Shared Space participation data and user feedback, and use established criteria to evaluate Permittee performance outcomes in various areas, including racial equity, transportation, the environment, public access, economic impact, type of activities, and community engagement.
(k) Support development of long-term maintenance and activity partnerships for Shared Spaces.
(l) Strive to ensure that Shared Spaces remain available to the public, while recognizing that some small number of restricted access events or time-specific commercial use of Curbside Shared Spaces by businesses in suitable locations may be helpful in assisting in the City’s economic recovery from the COVID-19 pandemic.
(m) Support the City’s goal of continuing to be a national and international leader in public realm innovation.
(n) Support the City’s values and commitments to the Transit First, Vision Zero, and Climate Action policies; access for disabled persons; and application of the Curb Management Strategy to ensure balanced curbside functionality.
(o) Provide access for people and goods (e.g. bus stop, commercial or passenger loading zone, disabled loading and parking, etc.); movement (e.g. accommodating transit and bike lanes, etc.); public accessibility; public safety (e.g. red zones for daylighting, fire hydrants, etc.); and bicycle parking and storage (e.g. bike corrals and bike sharing stations).
(p) Ensure equitable access for all who live and work in San Francisco through the implementation of regulations and requirements that account for disability and access needs.
(q) Support San Francisco’s economic recovery following the COVID-19 pandemic by creating ways for the public to activate public spaces and safely engage in economic activities, like dining and retail, outdoors.
(r) Support San Francisco’s goal of promoting equitable opportunity for businesses by performing outreach in multiple languages to small businesses located in communities suffering from economic, health and environmental burdens.
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