(a) General Application Requirements. A prospective Permittee may submit an application for a Shared Spaces Permit consistent with the requirements of this Section 94A.5. After Planning has reviewed the application for completeness and compliance with Program requirements, Planning will circulate the application to the Core City Agencies with jurisdiction over the proposed Shared Space. Each proposed Shared Space application must include the following components:
(1) A narrative description of the proposed Shared Space, including the planned activation of the space.
(2) Documentation of community outreach and support, including documentation of any known concerns, and efforts made by the applicant to address such concerns.
(3) Documentation showing that all property owners of any building fronting a proposed Sidewalk or Curbside Shared Space or the property owners’ agents have been notified by the prospective Permittee of the intent to submit an application for a Shared Space.
(A) Sidewalk Shared Spaces. If the prospective Permittee is not the ground-floor tenant of the building fronting the sidewalk area proposed to be used as a Sidewalk Shared Space, and/or the Permittee proposes to use sidewalk space other than the sidewalk fronting Permittee’s location, then documentary proof of consent from any ground-floor tenant(s) fronting the areas proposed to be used as the Shared Space is also required. In the event there is no ground-floor tenant of a building fronting the areas proposed to be used as a Shared Space, then documentary proof of consent from the fronting property owner or their agent is required.
(B) Curbside Shared Spaces. If the prospective Permittee is not the ground-floor tenant of the building fronting the parking space proposed to be used as a Curbside Shared Space, and/or if half or more of a marked parking space or any portion of an unmarked parking space proposed to be used for a Curbside Shared Space would be outside of Permittee’s ground-floor frontage, then the prospective Permittee shall provide documentary proof of consent from any ground-floor tenant(s) fronting the areas proposed to be used as the Shared Space or from the fronting property owner or its agent after making a good faith effort to obtain such consent. For purposes of this subsection, a good faith effort shall be considered three documented written attempts to seek consent from ground-floor tenant(s) or the fronting property owner or the owner’s agent over a minimum period of six weeks. If a prospective Permittee fails to obtain consent after a good faith effort, then this requirement is waived. The street address location for the Curbside Shared Space need not be the same street address as a ground-floor tenant(s) or the fronting property owner if the fronting property has multiple street addresses whose occupants access a common entrance.
(4) A list and frequency schedule for routine maintenance tasks.
(5) For Roadway Shared Spaces, a prospective activities calendar describing the frequency and types of free public programming, if applicable.
(6) A description of any limitations on public use, including:
(A) The number of restricted access events, if any, that will be held annually. In no event may the number of restricted access events allowed exceed eight single-day events per year. Scheduling of any approved restricted access events shall not be concentrated during a particular time or times a year but be spread throughout the calendar year.
(B) If the Permittee intends to use a Curbside Shared Space for the benefit of a business, a description of the proposed hours of use, and proposed activities. In no event may the exclusive use of the Curbside Shared Space exceed the hours of operation of the associated business or businesses.
(7) Photographs of existing conditions on the site.
(8) A site plan depicting how the space will be configured, including the introduction and placement of any temporary physical elements, and the placement of nearby ground fixtures. The site plan shall also include at-grade roadway markings such as color curbs, lane striping, parking stall marking, and at-grade utility access panels, storm drains, manhole covers, and other utility access points.
(b) Permit Application Requirements for Specific Types of Shared Spaces. In addition to the general permit requirements set forth in subsection (a), the following additional permit application requirements for specific Shared Space Categories shall apply:
(1) for City Lot Shared Spaces, in Section 94A.7 of this Chapter 94A;
(3) for Curbside Shared Spaces, in Public Works Code Sections 793 et seq. for permit issuance, and Section 204 of Division II of the Transportation Code for roadway closure; and
(4) for Roadway Shared Spaces, in Section 6.16 of Division I of the Transportation Code for permit issuance and roadway closure.
(c) Shared Space Permit – Issuance; Conditions of Approval; Limited Duration.
(1) Issuance. To the maximum extent feasible, application review shall be completed within 30 days of the date a complete application is submitted. Issuance of a permit authorizes the Permittee to create a Shared Space by occupying the location with physical treatments or improvements and/or activating the location with programming. For the Core City Agencies, a Shared Space Permit shall incorporate the requirements of and substitute for a permit that would otherwise be required under other sections of the Municipal Code.
(2) Conditions of Approval; Liability Insurance and Indemnity Provisions. The Shared Space Permit sets forth the permit terms, conditions of approval, operational requirements, and duration of the permit, and approved by all the Core City Agencies with jurisdiction over the Shared Space. In addition to any conditions that a Core City Agency is authorized to impose on a Shared Space Permit pursuant to this Chapter 94A, a participating Core City Agency with jurisdiction over the Shared Space shall impose any condition that it would have been required to impose on a permit separately issued under the Code that regulates its activities; provided, however, that Public Works, with the approval of the City’s Risk Manager, is authorized to modify standard liability insurance and indemnification requirements for Sidewalk Shared Space projects and Curbside Shared Space projects. For Shared Space projects developed in whole or in part, or installed in whole or in part, by a City Agency, the Core City Agency that issues the permit, with the approval of the City’s Risk Manager, may limit the Permittee’s required liability insurance and indemnification requirements to the non-physical aspects of the Shared Space. Permittees shall be required to submit proof of required liability insurance and indemnification with each application for a new Shared Space and with any application for renewal or extension of an existing Shared Space.
(3) Limited Duration. The maximum initial term for a Curbside Shared Space Permit or a Sidewalk Shared Space Permit shall be for one year, after which it may be renewed or extended upon review and approval by the Core City Agencies with jurisdiction over the Shared Space for additional terms of up to one year each. Any closure of a curbside lane for a Curbside Shared Space must follow the requirements of Section 204 of Division II of the Transportation Code. The maximum initial term for a Roadway Shared Space shall be two years, after which it may be renewed or extended upon review and approval by the Core City Agencies with jurisdiction over the Shared Space, for additional terms of up to two years each, subject to any necessary street closure by the SFMTA Board of Directors 1
The maximum initial term of a City Lot Shared Space Permit shall be five years, which may be extended by the Director of Real Estate pursuant to the provisions of Section 94A.7(d) for additional terms of up to five years each.
(d) Coordination of Additional Permits Required from Other City Agencies. Certain activities may require additional permits or approvals from another City agency, board, commission, or department that is not a Core City Agency. In such cases, the Core City Agencies shall coordinate regarding all other permits or approvals that may be necessary for or related to activities at the Shared Space. The issuance of a Shared Space Permit shall be conditioned upon compliance with any necessary approvals and inspections by all City Agencies with jurisdiction, including but not limited to Fire Department, Department of Building Inspection, Entertainment Commission, and Department of Public Health.
(e) Coordination of Additional Permits Required from Other Governmental Authorities. Certain activities in the public right-of-way may require additional review and approvals from Federal or State authorities, or other County agencies, boards, commissions, or departments. In such cases, the Core City Agencies shall coordinate regarding all other review or approvals that may be necessary for or related to the activities at the Shared Space.
(f) Modification of a Shared Space Permit; Withdrawal of Approval.
(1) Permit Modification. Shared Space Permits on public space are revocable at will. Therefore, each Core City Agency that has approved issuance of a Shared Space Permit may at any time modify those portions of the Permit that are within its jurisdiction, including any conditions. If a Core City Agency makes a determination to modify the Shared Space Permit or any conditions that it has imposed, or to impose additional conditions, the Agency shall notify Planning and the other Core City Agencies with jurisdiction over the Shared Space. Upon notification of a modification of the Permit, Planning and any Core City Agency that approved issuance of the Shared Space Permit shall determine if other portions of the Permit also need to be modified, or if the entire Shared Space Permit needs to be revoked pursuant to subsection (g) below. A new Shared Space Permit is required to be issued if Planning and the other participating Core City Agencies determine that the proposed modifications are major. Minor modifications to a Shared Space Permit may be made without the issuance of a new Permit. The Core City Agency that issued the Shared Space Permit will notify the Permittee of any permit modifications or if revocation of the entire Permit pursuant to subsection (g) below is required.
(2) Withdrawal of Approval. A Core City Agency may at any time withdraw its approval of the Shared Space Permit. If a Core City Agency makes a determination to withdraw its approval of the Shared Space Permit, any activities requiring its approval shall be severed from the Shared Space Permit. The Agency shall notify Planning and the Core City Agencies that approved issuance of the Shared Space Permit of its decision to sever from the permit those portions that are within the Agency’s jurisdiction. Upon receipt of a notification of severance, the other Core City Agencies that approved issuance of the Permit shall determine if the severance requires revocation of the permit in its entirety pursuant to subsection (g) below, or whether the permit can be modified rather than revoked. If the remaining Core City Agencies determine that the severance does not require revocation but requires a major modification of the permit, a new Shared Space Permit must be issued. In the case of a severance, the Core City Agency that issued the Shared Space Permit will send the Permittee written notification of the severance and any resulting modification or revocation of the Shared Space Permit.
(g) Permit Revocation. A Shared Space Permit issued pursuant to this Chapter 94A may be revoked at any time by the Core City Agencies that approved issuance of the Permit or, if revocation is required by a modification or withdrawal of approval by a Core City Agency pursuant to subsection (f)(1) or (f)(2) above, by the remaining Core City Agencies that approved issuance of the Permit. The revocation process may be initiated by:
(1) a request for revocation from one or more of the Core City Agencies that approved issuance of the Shared Space Permit;
(2) notification of a permit modification by a Core City Agency pursuant to subsection (f)(1) above; or
(3) notification of withdrawal of approval by a Core City Agency pursuant to subsection (f)(2) above.
If the Shared Space Permit is revoked, the Core City Agency that issued the Shared Space Permit shall send the Permittee written notification of the revocation.
(h) Reports on Revocations. No later than 6 months following the effective date of the ordinance contained in Board of Supervisors File No. 210284, a report shall be provided to the Board of Supervisors detailing every Shared Space Permit that has been revoked, or about which a determination has been made that it will need to be revoked, in order to comply with the City’s Vision Zero, Better Streets, and Transit First Policies, including revocations of Shared Spaces Permits for the purpose of restoring transit lines, to maintain safe access to public rights of way for seniors people with disabilities, and to facilitate pedestrian safety. Thereafter, a report shall be issued on a yearly basis to the Board of Supervisors listing all Shared Spaces Permits for which approvals were withdrawn pursuant to subsection 94A.5(f)(2), or which were revoked pursuant to subsection 94A.5(g).
(Added as Sec. 94A.6 by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered and amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; amended by Ord. 51-22, File No. 211301, App. 3/31/2022, Eff. 5/1/2022; Ord. 26-23, File No. 230025, App. 2/23/2023, Eff. 3/26/2023; Ord. 67-23, File No. 230124, App. 4/27/2023, Eff. 5/28/2023)
CODIFICATION NOTE
1. So in Ord. 99-21.