(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)