Loading...
(a) Any person seeking to close off more than the designated parking lane width, as established in Section 724, and more than ½ of the official sidewalk width along the boundary of the fronting property must apply for an additional temporary street occupancy permit as provided for herein. A revocable permit for additional temporary street occupancy shall not be issued unless an application therefor is made to the Director of Public Works, and a fee and a public right-of-way assessment cost, as set forth in Section 724.8, are paid. The content of applications shall be in accordance with the policies, rules and regulations of the Director of Public Works. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case. The application shall include both a reasonable estimate of the duration of construction, and an explanation of why an additional temporary street occupancy permit of the particular dimensions requested is necessary and shall be accompanied by a nonrefundable additional permit application fee of $353. Requests for extensions of the original term shall be treated as new applications except that the application fee shall be $200.
(b) No additional temporary street occupancy permit shall have a term of more than six months nor less than one month from the date of issuance. At the end of the original term or of any subsequent extension, the permittee may apply to the Director of Public Works for an extension not to exceed six months in duration. The Director of Public Works, in his or her discretion, may approve, conditionally approve, or disapprove the request for an extension. Said decision will be appealable to the Board of Appeals.
(c) Applicants for additional street space shall make a written request for such permit no sooner than 30 days prior to initiation of the proposed occupation of additional street space.
(d) Notwithstanding the time period for occupancy and permit requests specified above, an additional street space permit may be obtained on a daily basis, but in no case shall such occupancy extend beyond a 2-week term. The fee for such daily permits shall be $50 per day with no assessment cost. An applicant shall make a written request for such daily permit no sooner than 3 days prior to initiation of the proposed occupation of additional street space.
(e) Unless otherwise specified, all provisions of Sections 724 et seq. shall be applicable to additional street space occupancy.
(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 166-87, App. 5/14/87; Ord. 180-02, File No. 021067, App. 8/29/2002)
An additional public right-of-way assessment cost shall be paid upon the issuance of such additional temporary street occupancy permit. The assessment cost shall be as follows: (a) for a building in Planning Code height district of 80 feet or less, the cost shall be $4 per additional square foot of occupation per month and (b) for a building in Planning Code height district of greater than 80 feet, the cost shall be $10 per additional square foot of occupation per month. For purposes of calculating the assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term. For the purpose of calculating the assessment cost, requests for extensions of permits shall be treated as new applications.
(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)
(a) The permittee, or its successors or assigns in interest, by acceptance of the permit agrees to indemnify, defend, protect, and hold harmless the City, including, without limitation, each of its commissions, departments, officers, agents, and employees (hereinafter in this subsection collectively referred to as "San Francisco") from and against any and all actions, claims, costs, damages, demands, expense, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorneys' fees and costs (collectively, "claims") of any kind allegedly arising directly or indirectly from:
(1) Any act by, omission by, or negligence of the permittee, its contractors, subcontractors, or the officers, agents, or employees such entities, while engaged in the performance of the work authorized by the permit, or while in or about the property subject to the permit for any reason connected in anyway whatsoever with the performance of the work authorized by the permit, or allegedly resulting directly or indirectly from the maintenance, installation, or storage of any materials, equipment, or structures authorized under the permit;
(2) Any accident, damage, death, or injury to any contractor or subcontractor, or any officer, agent or employee of either of them, while engaged in the performance of the work authorized by the permit, or while in or about the property for any reason connected with the performance of the work authorized by the permit, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by the permit;
(3) Any accident, damage, death, or injury to any person(s) or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the work authorized by the permit from any cause or claims arising at any time; and
(4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the public right-of-way subject to the permit or the environment. As used herein, "hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. "Release" when used with respect to hazardous materials shall include any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring, or spilling.
(b) Upon the request of San Francisco, the permittee, at no cost or expense to San Francisco, must indemnify, defend, and hold harmless San Francisco against any claims, regardless of the alleged negligence of San Francisco or any other party, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Each permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend San Francisco from any claims which actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to permittee by San Francisco and continues at all times thereafter. In addition, San Francisco shall have a cause of action for indemnity against each permittee for any costs San Francisco may be required to pay as a result of defending or satisfying any claims that arise from or in connection with the permit, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Permittee agrees that the indemnification obligations assumed under the permit shall survive expiration of the permit.
(Added by Ord. 447-87, App. 11/12/87; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)
A debris box for purposes of this Section 725 et seq. is any portable non-vehicular container offered by its owner for use as a means of disposal of waste materials by being placed for loading in, and by being transported through the streets of San Francisco and includes without limitation a “C&D Debris Box” as defined in Chapter 14 of the Environment Code, as amended from time to time.
(Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
Debris boxes shall be used only for the following purposes:
(a) The loading and transporting of excavated and waste materials derived from the construction, reconstruction, alteration, or demolition of real property structures, in accordance with Chapter 14 of the Environment Code and other laws as may be applicable;
(b) The removal of debris and waste materials not required by law to be otherwise disposed of by owners, lessees, or occupants of real property.
(Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
No person, firm, or corporation owning or operating a debris box or debris boxes shall place such box or boxes, or cause or allow the same, in any street areas of San Francisco without first obtaining all necessary authorizations and permits, which may include, without limitation, a permit under Environment Code Chapter 14 for use in connection with C&D Debris, and/or a street occupancy or building permit.
(Amended by Ord. 72-87, App. 3/20/87; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
The Director of Public Works is authorized to order the immediate removal of a debris box from the public right of way when, in the Director’s opinion, the debris box constitutes a safety hazard or public nuisance, or when the presence of an emergency requires removal of the debris box. After notification by the Director of the removal order the debris box shall be removed immediately from the street area by its owner or operator. If the owner or operator does not remove the debris box from the public right of way immediately, the Director may order the Department of Public Works to remove the debris box. The owner or operator shall pay to the City the costs of removal. No debris box shall be placed at that location until the conditions which have caused the removal order shall have been abated to the satisfaction of said Director.
(Amended by Ord. 72-87, App. 3/20/87; Ord. 255-92, App. 8/7/92; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
(Amended by Ord. 72-87, App. 3/20/87; repealed by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
Loading...