All Shared Spaces that are solely on a City-owned lot shall be administered by the Director of Real Estate, who will coordinate with and may request assistance from Planning.
(a) Permit Application and Issuance; Public Notice. A prospective Permittee may submit an application for a City Lot Shared Space Permit to the Director of Real Estate, and the Program coordinators at Planning and Real Estate shall work with the prospective Permittee to refine the proposed design, activities program, and management plan for the proposed City Lot Shared Space. The Director of Real Estate may elect to authorize the Shared Space under Chapter 23 of this Code. If the Director elects to authorize the Shared Space under the1
this Chapter 94A, the Director shall use the following procedure:
(1) An application for a City Lot Shared Spaces Permit shall include the following:
(A) Documentation of community outreach and support.
(B) A list of and frequency schedule for routine maintenance tasks.
(C) A prospective activities calendar describing the frequency and types of free public programming.
(D) 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. Public access to the Shared Space shall not be restricted except for approved restricted access events.
(E) Photographs of existing conditions on the site.
(F) A conceptual site plan depicting how the space will be configured, including the introduction and placement of any temporary physical elements. If the space will be configured to accommodate different types of programs, the application shall include a series of site plans depicting proposed configurations.
(2) Upon submission of an application for a City Lot Shared Space Permit, the Director of Real Estate shall post the Shared Space site with a Notice of Application for a period of seven calendar days. In addition, the Director shall post the Application for seven calendar days on the websites of Real Estate and the Shared Spaces Program. The Director may take such other actions as the Director deems advisable to notify the public about the application.
(3) If there are entertainment-related activities proposed for the City Lot Shared Space that fall within the purview of the Entertainment Commission, the public notice may include a notice of public hearing by the Entertainment Commission.
(4) The Director of Real Estate shall accept written public comments on the application for at least seven calendar days after the first day of the posting of notice of the application, and a City Lot Shared Space Permit shall not be issued before the end of the written public comment period.
(5) The Director of Real Estate may, in the Director’s discretion, hold a public hearing concerning the application for a Shared Space Permit. If a public hearing is held, notice of the hearing shall be given by posting a Notice of Public Hearing at the proposed Shared Space site for at least seven calendar days before the hearing. At the Director’s discretion, the public hearing notice may be combined with the Notice of Application.
(6) After approval of the Permit application by the Director of Real Estate, Real Estate shall issue the City Lot Shared Space Permit.
(b) Permit Conditions; Grant of Exceptions.
(1) Conditions. The conditions for operation, use, and maintenance of a City Lot Shared Space shall be specified in either a City Lot Shared Space Permit or a Lease issued pursuant to Chapter 23 of this Code. These conditions shall include, but are not limited to:
(A) design specifications for any temporary physical treatments or improvements being introduced at the site;
(B) scope of permissible activities and uses; daily, weekly, and/or monthly time periods authorized for such permissible activities and uses;
(C) the minimum number of programmed events by day, week, month, quarter, or year;
(D) the permissible number of annual restricted access events, if any;
(E) the Permittee’s liability for and indemnification of the City with respect to the Shared Space and the Permittee’s required liability insurance, which is required for activities on publicly owned space, all as approved by the City Risk Manager or any successor agency;
(F) an authorized signage program;
(G) the delineation of maintenance responsibilities between the City and the Permittee;
(H) the expiration date of the Shared Space Permit;
(I) remedies for violating the permit, including but not limited to revocation; and
(J) adherence to the Good Neighbor Policies in Section 94A.6(b)(8).
(2) Exceptions; Public Notice. Upon written request from a Permittee, the Director of Real Estate may grant a non-material exception or other minor amendment to the conditions imposed on a City Lot Shared Space Permit if the Director determines that the exception or minor amendment is reasonably within the purposes of the Shared Spaces Program and, in consultation with the City Attorney’s Office, further determines that such exception or amendment does not materially increase the City’s costs or obligations or materially decrease the benefit the City receives under the Permittee’s City Lot Shared Space Permit. Any exceptions or minor amendments of the Permit conditions that the Director grants pursuant to this subsection (b)(2) shall be in writing and retained in a file available for public review. In addition, at the Permittee’s request, the Director’s letter granting the exception(s) and/or minor amendments, and any other written communications relevant to the Director’s determination, shall be posted on the websites of Real Estate and the Shared Spaces Program.
(c) Duration of Permit. Should the Director of Real Estate elect to issue a City Lot Shared Space Permit pursuant to this Chapter 94A instead of a Lease under Chapter 23 of this Code, the standard term of a City Lot Shared Space Permit shall be no longer than five years. However, in special circumstances or in cases where the Permittee has installed significant improvements as part of the Permit, the Director of Real Estate has the discretion to extend the term of the Permit beyond five years.
(d) Calendar of Events. In addition to the requirements of Section 94A.7(b), the City Lot Shared Space Permit shall require the Permittee to submit a monthly calendar of activities and events to the local District Police station, the Director of Real Estate, and the Shared Spaces Program by seven days prior to the start of each month.
(e) Grant of Exceptions to Standard Operational Requirements.
(1) Good Neighbor Policies. Upon written request from a Permittee, the Director of Real Estate may grant a non-material exception or other minor amendment to the Good Neighbor Policies in Section 94A.6(d)(8)1
if the Director finds, in the Director’s sole discretion, that one or more aspects of a Good Neighbor Policy are unwarranted or not appropriate for a particular City Lot Shared Space or event due to special circumstances and that the public interest would be served by granting an exception.
(2) Other Operational Requirements. Upon written request from a Permittee, the Director of Real Estate is authorized to waive or modify one or more of the other Operational Requirements in Section 94A.6 if the Director finds, in the Director’s sole discretion, that the Requirement is unwarranted or not appropriate for a particular City Lot Shared Space or event due to special circumstances and that the public interest would be served by granting an exception.
(3) Public Record. Any exceptions, minor amendments, or waivers granted by the Director pursuant to this subsection (e) shall be in writing and retained in a file available for public review.
(f) Director’s Regulations. The Director of Real Estate may adopt such regulations governing City Lot Shared Spaces as the Director deems necessary or appropriate for the proper management and use of City Lot Shared Spaces. The Director may, in the Director’s discretion, post signage with the Regulations on a City Lot Shared Space site.
CODIFICATION NOTE
1. So in Ord. 99-21.