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.