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(a) Right of Appeal. Any person may appeal the decision to grant or deny an application for any Shared Space Permit, or to revoke or suspend an existing Permit, as follows:
(1) Permits issued by Public Works: Any appeal of a decision by Public Works or Planning shall be heard by the Board of Appeals pursuant to the provisions of Charter Section 4.106 and Sections 8 et seq. of the Business & Tax Regulations Code. With respect to an appeal to the Board of Appeals, it shall be filed in writing with the Clerk of the Board of Appeals within 15 days of the date of issuance, denial, revocation, or suspension of the Shared Space Permit.
(2) Permits issued by ISCOTT: Any appeal of a decision by ISCOTT shall be subject to the requirements of Division I of the Transportation Code.
(3) Permits issued by SFMTA: Any appeal of a decision by SFMTA shall be subject to the requirements of Division II of the Transportation Code.
(b) Permit Renewal. For purposes of an appeal to the Board of Appeals, the renewal of an existing Shared Space Permit is considered to be a new permit and may be appealed in accordance with the provisions of subsection (a) above. Pursuant to Section 8(e)(9)(E) of the Business and Tax Regulations Code, any activities on the site would be suspended during the pendency of the appeal; however, the Core City Agency or Agencies with jurisdiction over the site may, in their discretion, authorize any authorized physical treatments or improvements to the site to remain pending a decision by the Board of Appeals.
(a) Complaints from the Public. The 311 Customer Relationship Management System is designated to receive complaints from the public and to maintain an interagency complaint log. The 311 System shall route individual public complaints to the department(s) or agency(ies) with jurisdiction in order for those departments or agencies to verify complaints regarding the Shared Space Program or a particular Shared Space and take any necessary enforcement actions. Public Works shall develop, and Permittees shall be required to post on their Shared Space in a visible location, a public notice in English, Filipino, Spanish, and Chinese, which directs members of the public on how to file complaints with San Francisco 311, along with any relevant information pertaining to required disability access at the Shared Space. The 311 System should provide complainants updates on the status of the complaint and where applicable, how the issue was abated or why complaint was closed by the responsive agency.
(b) Inspection. Throughout the year, and at a minimum interval of every other month, the Core City Agencies shall conduct rolling audits of Shared Spaces located in commercial corridors to check for compliance and take necessary enforcement actions on their findings. The audits should focus on Shared Spaces located in commercial corridors.
(c) Enforcement of Shared Space Permit Requirements.
(1) Each Core City Agency shall enforce the requirements of the Shared Space Permits that are within its jurisdiction. Public Works shall be the primary point of contact for any enforcement action pertaining to a Sidewalk or Curbside Shared Space; MTA shall be the primary point of contact for any enforcement action pertaining to a Roadway Shared Space; and the Division of Real Estate shall be the primary point of contact for any enforcement action pertaining to a City Lot Shared Space. Enforcement may be exercised either by (A) using the procedures of Section 94A.5 to modify conditions of the issued permit, or to withdraw approval of the permit by severance or revocation, or (B) using the enforcement provisions of the Code that regulates its activities: the Public Works Code for Public Works; the Transportation Code for the MTA; the Planning Code for private property; and the Police Code for the Entertainment Commission. Enforcement by the Director of Real Estate is set forth in subsection (c)(2) below. Until April 1, 2023, the issuance of administrative fines or penalties shall be limited to: enforcing access requirements for emergency responder personnel, and people with disabilities, including but not limited to unobstructed access to the sidewalk, maintenance of an accessible route with diverters, accessible tables, the provision of an appropriate platform threshold and, when provided, ramps that meet accessibility requirements; ensuring visibility (daylighting) at intersections identified in the Vision Zero High-Injury Network; and requiring removal of abandoned structures. Beginning on April 1, 2023, this limit shall expire by operation of law and administrative fines and penalties may be issued to ensure compliance with the Program in all respects.
(2) The Director of Real Estate shall establish administrative procedures and methods for verifying, addressing, and responding to any complaints concerning a City Lot Shared Space. If the Director receives a verified complaint concerning violations of the terms and conditions of a Permittee’s City Lot Shared Space Permit, the Director may conduct a public hearing on the Permittee’s conduct. Based on the information presented at the hearing, the Director may revoke, suspend, modify, or condition the Shared Space Permit or take any other action the Director deems appropriate under the terms of the Shared Space Permit to address the Permittee’s conduct.
If any person occupies a City Lot Shared Space in violation of the applicable requirements and regulations, the Director of Real Estate shall order the violator to either correct the violation or vacate the Shared Space site. If the violation is not corrected as ordered, the violator shall be subject to enforcement pursuant to the Police Code.
(a) Shared Space Permit and License Fees. Pursuant to subsection 94A.5(c)(1), a Shared Space Permit substitutes for a permit that would otherwise be required by the Municipal Code. Notwithstanding any other provision of the Municipal Code including Public Works Code Section 2.1.3, the permit and license fees may be adjusted each year, without further action by the Board of Supervisors, only to reflect changes in the relevant Consumer Price Index, as determined by the Controller.
(1) Public Works shall assess Sidewalk Shared Spaces permit and license fees using the fees authorized in Article 2.1 of the Public Works Code. The fees to be imposed shall be based on the proposed scope of the Sidewalk Shared Spaces Permit (e.g. sidewalk tables and chairs, or other appropriate permit types).
(2) The permit and license fee amounts for Curbside Shared Space Permits are set forth in Public Works Code subsection 2.1.1(s) and shall be collected by the Tax Collector and due and payable as follows:
(A) The permit fees for Curbside Shared Spaces shall be due and payable upon the Tax Collector’s issuance of the bill following permit approval, and the annual license fees shall be due and payable annually on March 31, in accordance with Article 2, Section 76.1 of the Business and Tax Regulations Code, with the initial license fee, prorated as described in subsection 76.1(a) or subsection 76.1-1(a) as applicable, being due and payable upon the Tax Collector’s issuance of the bill for that fee following permit approval.
(B) (i) The permit and license fees for Curbside Shared Spaces shall be reduced by 50% for a person or combined group within the meaning of Article 12-A-1 of the Business and Tax Regulations Code if the person or combined group’s gross receipts within the City as determined under Article 12-A-1 reflected on the person or combined group’s most recently filed gross receipts tax return, business registration renewal, or initial business registration application did not exceed $2,500,000, adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31 of the preceding year, beginning with December 31, 2023. If no San Francisco gross receipts were reflected on a person or combined group’s gross receipts tax return, business registration renewal, or initial business registration application, such person or combined group will be treated as having $0 San Francisco gross receipts for purposes of this subsection (a)(2)(B)(i). This subsection (a)(2)(B)(i) shall apply to permits issued before April 1, 2026 and to license periods beginning before April 1, 2026.
(ii) The permit and license fees for Curbside Shared Spaces shall be reduced by 50% for a person or combined group within the meaning of Article 12-A-1 of the Business and Tax Regulations Code if the person or combined group’s gross receipts within the City as determined under Article 12-A-1 reflected on the person or combined group’s most recently filed gross receipts tax return, business registration renewal, or initial business registration application did not exceed $5,000,000, adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/Hayward Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31 of the calendar year two years prior to the tax year, beginning with tax year 2026, and rounded to the nearest $10,000. If no San Francisco gross receipts were reflected on a person or combined group’s gross receipts tax return, business registration renewal, or initial business registration application, such person or combined group will be treated as having $0 San Francisco gross receipts for purposes of this subsection (a)(2)(B)(ii). This subsection (a)(2)(B)(ii) shall apply to permits issued on or after April 1, 2026 and to license periods beginning on or after April 1, 2026.
(C) If a Permittee does not pay the permit fee within 30 days after it becomes due and payable, the Tax Collector shall add 10% to the amount of the permit fee as a penalty for nonpayment. If the permittee does not pay the fee within 60 days after it becomes due and payable, the Tax Collector shall add 15% to the amount of the permit fee as a penalty for nonpayment. If the permittee does not pay the fee within 90 days after it becomes due and payable, the Tax Collector shall add 25% to the amount of the permit fee as a penalty for nonpayment. If the permittee has failed for a period of six months or more to pay a permit fee, the Tax Collector shall impose an additional penalty of 25% on the amount of the delinquent permit fee, and shall refer the delinquent permittee to the Department of Public Works for administrative action on the permit. These penalties are mandatory and City officers and employees may not waive them in whole or in part. For license periods beginning before April 1, 2026, licensees shall be subject to penalties for delinquent payment of license fees as provided in Article 2, Section 76.1 of the Business and Tax Regulations Code. For license periods beginning on or after April 1, 2026, licensees shall be subject to penalties and interest for delinquent payment of license fees as provided in Article 2, Section 76.1-1 of the Business and Tax Regulations Code.
(3) The fees for Roadway Shared Space Permits shall be authorized by the Transportation Code.
(b) Increased Renewal Fees Based On Additional Enforcement Activities. When there have been three or more verified complaints in the prior year regarding the Permittee’s compliance with the terms of the permit, the Core City Agency that issued the permit is authorized to develop and charge an additional fee to any Permittee seeking renewal of their permit. The fee shall be based on the additional time and materials spent by City staff in enforcing the terms of the permit.
(Added as Sec. 94A.11 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. 141-23, File No. 230312, App. 7/26/2023, Eff. 8/26/2023, Retro. 3/31/2023; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)
(a) Report on Potential Sidewalk Extensions. Within one year of the effective date of the Ordinance contained in Board of Supervisors File No. 210284, Public Works shall, in consultation with MTA, provide to the Board of Supervisors a list of opportunity sites for block-scale sidewalk extensions on blocks with a moderate or high concentrations of Sidewalk or Curbside Shared Spaces, including recommendations for potential sidewalk extensions on commercial or mixed-use corridors with narrow sidewalks, even if there is not a moderate or high concentration of Sidewalk or Curbside Shared Spaces.
(b) Report on Impacts to Small Businesses Without Shared Spaces Permits. The Office of Economic and Workforce Development (“OEWD”) shall, in collaboration with the Office of Small Business (“OSB”), proactively reach out to owners of small businesses who have not been able to avail themselves of the benefits of the Shared Spaces Program, including businesses that rely on consumer vehicle loading and unloading. Within one year of the effective date of the Ordinance contained in Board of Supervisors File No. 210284, OEWD and OSB shall provide feedback to the Board of Supervisors regarding impacts to those businesses along with recommendations for how to mitigate any negative impact of the Shared Spaces Program on those businesses.
(c) Report on Impacts to Mechanical Street Sweeping. Within one year of the effective date of the Ordinance contained in Board of Supervisors File No. 210284, Public Works shall provide to the Board of Supervisors a report detailing the impact of the Shared Spaces program on mechanical street sweeping operations on every block where Public Works has engaged in regular mechanical street sweeping in the past 5 years, including blocks where mechanical street sweeping is no longer feasible because of conflicts with the Shared Spaces Program, and recommendations for how to accommodate any decrease in this core City service.
(Added by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)
(a) Conversion of Permits Issued During the COVID-19 Pandemic.
(1) Extension of pandemic Shared Spaces Program and Permits. Subject to the wind down provisions of the Mayor’s February 25, 2020 Proclamation Declaring the Existence of a Local Emergency and the 18th, and 27th Supplements to that Proclamation, the Core City Agencies shall operate the Shared Spaces program, and any temporary program allowing entertainment or the use of amplified music in outdoors (referred to as Just-Add-Music or JAM), authorized by the aforementioned Supplements to the Mayor’s Proclamation until March 31, 2023, unless the Shared Spaces program authorized by the Mayor’s Proclamation terminates sooner. Any occupancy permitted as a Shared Space under that authority may continue pursuant to the terms of the applicable permit (each a “pandemic Shared Spaces Permit”), subject to the revocation provisions of this Chapter 94A.
(2) At any time prior to the expiration of the pandemic Shared Spaces Permit, the Shared Spaces permittee may apply to convert their pandemic Shared Spaces Permit into a new Shared Spaces Permit as provided herein. Conversion of a pandemic Shared Spaces Permit shall follow the process set forth in this Section 94A.12, and any pandemic Shared Spaces Permit that is converted to a new Shared Spaces Permit under this Chapter 94A must comply with all of the terms of this Chapter 94A, including any approvals for the closure of the curbside or roadway. The pandemic Shared Spaces permit shall be converted upon the issuance of a new Shared Spaces Permit consistent with the requirements of Chapter 94A. In the event of a conflict between this Chapter 94A and the terms of a pandemic Shared Spaces Permit, the terms of this Chapter 94A shall prevail.
(3) Upon the expiration of any pandemic Shared Spaces Permit, the permittee shall remove all structures and restore the public right-of-way to the Public Works Director’s satisfaction. In the event the Mayor’s authorization of the Shared Spaces program expires before the Shared Spaces permittee has converted the pandemic Shared Spaces Permit into a new Shared Spaces Permit authorized by the terms of this Chapter 94A, if the proposed Permittee has submitted a complete application for a new Shared Spaces Permit prior to earlier of 60 days after the expiration of the Mayor’s emergency authorization of the Shared Spaces program or March 31, 2023, the Permittee shall be permitted to continue occupying the potential Shared Space for up to 180 days after expiration of the Mayor’s Proclamation, including any Supplements thereto, pending a final determination by the Core City Agencies on the proposed conversion of the pandemic Shared Spaces Permit into a new Shared Spaces Permit authorized by the terms of this Chapter 94A, provided that the Permittee diligently pursues such determination. If the Shared Spaces permit is not so converted, then the permittee shall remove all structures and restore the public right-of-way to the Public Works Director’s satisfaction.
(b) Conversion of Permits Issued Under the Parklets Program.
(1) Any curbside occupancy currently permitted by Public Works pursuant to Public Works Director’s Order No. 183392 and Public Works Code section 810B or Public Works Code section 793 may continue to occupy the right-of-way pursuant to the terms of the applicable permit, provided, however, that upon the expiration of the Parklet Permit, Public Works shall not approve any extensions of the permit.
(2) At any time prior to the expiration of the Parklet Permit, the Parklet Permittee may apply to convert their Parklet Permit into a Curbside Shared Spaces Permit authorized by the terms of this Chapter 94A. Conversion of a Parklet Permit into a Curbside Shared Space Permit shall follow the process set forth in this Section 94A.12, and any Parklet Permit that is converted to a Curbside Shared Space Permit must comply with all of the terms of this Chapter 94A, including any approvals for the closure of the curbside, provided that any Parklet Permittee shall not be subject to the notice requirements of Public Works Code 793.2(b). The Parklet Permit shall be converted upon the issuance of a Shared Space Permit. In the event of a conflict between this Chapter 94A and the terms of an existing Parklet Permit, the terms of this Chapter 94A shall prevail over any aspect of the Parklet program.
(3) In the event the Parklet Permit expires before the Permittee has converted the Parklet Permit into a Curbside Shared Space Permit authorized by the terms of this Chapter 94A, if the proposed Permittee has submitted a complete application for a Shared Space Permit prior to the expiration of the Parklet Permit, the Permittee shall be permitted to continue occupying the potential Shared Space pending a final determination by the Core City Agencies on the proposed conversion of the Permit, provided that the Permittee diligently pursues such determination. If the Parklet Permit is not converted into a Shared Space Permit authorized by the terms of this Chapter 94A, then the Parklet Permittee shall remove all structures and restore the public right-of-way to the Public Works Director’s satisfaction.
(c) Temporary Fee Waiver and Deferral for Parklet and Pandemic Shared Space Permit Conversion. Notwithstanding the provisions regarding permit and license fee payment set forth in Section 94A.10(a)(2)(A), for any Parklet Permittee or pandemic Shared Spaces Permittee that seeks to convert to a Curbside Shared Space Permit: (i) the permit fees shall be due and payable on March 31, 2023, (ii) the initial annual license fees and the first subsequent annual license fees shall be waived, and (iii) the annual license fees thereafter shall be due and payable annually on March 31, in accordance with Article 2, Section 76.1 of the Business and Tax Regulations Code, beginning with the second March 31 following the date the Curbside Shared Space Permit is approved. Establishments that are considered a Formula Retail Use, as defined in Section 102 of the Planning Code, shall be ineligible for the temporary fee waiver and deferral set forth in this subsection (c). A Parklet Permittee or pandemic Shared Spaces Permittee that seeks to convert to a Curbside Shared Space Permit shall be eligible for the permit fee waivers set forth in Public Works Code Section 2.1.1(t).
(d) Enforcement of pandemic Shared Spaces Permits. The Core City Agencies shall not use administrative fines prior to April 1, 2023 to bring a pandemic Shared Space permittee into compliance with the requirements of the pandemic Shared Spaces permit, unless the violations pertain to: enforcing access requirements for emergency responder personnel, and people with disabilities, including but not limited to unobstructed access to the sidewalk, maintenance of an accessible route with diverters, accessible tables, the provision of an appropriate platform threshold and, when provided, ramps that meet accessibility requirements; ensuring visibility (daylighting) at intersections identified in the Vision Zero High-Injury Network; or requiring removal of abandoned structures.
(e) Expiration of Section. Unless reenacted, this Section 94A.12 shall expire by operation of law on January 1, 2024. Upon the expiration of this Section, the City Attorney shall cause this Section to be removed from the Administrative Code.
(Added 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; amended by Ord. 141-23, File No. 230312, App. 7/26/2023, Eff. 8/26/2023, Retro. 3/31/2023)