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The Public Works Director shall forward copies of the application for a street encroachment permit to the Director of Planning, the Director of Property, the Chief of the Police Department, the Chief of the Fire Department, the Transportation Director of the Municipal Transportation Agency, the General Manager of the Public Utilities Commission, the Art Commission, and to the City Engineer. The Public Works Director shall request a report from each of the listed departments concerning the effect of the proposed encroachment in relation to their duties and responsibilities. The completed reports shall be returned to the Public Works Director within 60 days of the receipt of the copies of the application by the listed departments. The departments listed above may request one extension of time not to exceed 30 days from the Public Works Director, which extension of time shall be granted.
(Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)
Upon receipt of the reports from the departments listed in Section 786.2, regarding an application for a street encroachment permit, the Public Works Director shall set a time and place for a hearing thereon within a reasonable period, not to exceed 90 days from the date Public Works receives the last report. The Public Works Director may extend the public hearing date if any City department listed in Section 786.2, the Department itself, or the applicant requests such extension. The Director shall send written notice of the basis for the extension and a proposed date for the hearing to the City departments listed in Section 786.2 and the applicant.
(Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)
The Public Works Director shall give notice of time, place and purpose of the hearing on an application for a street encroachment permit as follows:
(a) By mail, not less than 10 days prior to the date of the hearing, to the applicant or other person or agency making the application.
(b) By mail, not less than 10 days prior to the date of the hearing, to the owners of all real property within 300 feet of all exterior boundaries of the proposed encroachment, using for this purpose the names and addresses of the owners as shown on the latest city-wide assessment roll in the office of the Assessor-Recorder. Failure to send notice by mail to any such property owner where the address of such owners is not shown on such assessment roll shall not invalidate any proceedings in connection with such application.
(c) By posting, not less than 10 days prior to the date of the hearing in a public place near the boundaries of the proposed encroachment.
(d) Such other notice as the Public Works Director shall deem appropriate.
(Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)
(a) Reports and Application Revisions. The Department shall compile the reports of the departments listed in Section 786.2 along with any application revisions, and make this information available at the hearing for the subject street encroachment permit.
(b) Record. A record shall be kept of the pertinent information presented at the hearing on a street encroachment permit, and such record shall be maintained as part of the permanent public records of Public Works.
(c) Continuances. The Public Works Director shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given provided the date of any further hearing is announced at the previously scheduled hearing and public notice of the continued hearing is issued.
(Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)
The Director of Public Works shall forward to the Board of Supervisors a recommendation for approval, disapproval or modification, including applicable conditions, of an application for a revocable permit for an encroachment of a public street or place. The record of the hearing thereon and the list of all parties notified of the hearing shall be attached to the Director's recommendation. Such recommendation and attachments shall be filed with the Clerk of the Board of Supervisors within 30 days after the hearing was closed.
(Added by Ord. 27-75, App. 2/5/75)
(a) The Board of Supervisors reserves the right to exact a public right-of-way occupancy assessment fee for the use of the street or other public right-of-way space permitted under the provisions of Sections 786 et seq.
(b) In accordance with Subsection (a) the public right-of-way occupancy assessment fee for street encroachments, whether permitted or unpermitted, shall be an annual fee of $3 per square foot of occupancy of the street or other public right-of-way space. For purposes of calculating the assessment fee, the Department shall charge no less than $100 per year even though the calculated square footage charge for the encroachment may result in a smaller assessment fee.
(c) If the Board of Supervisors has imposed an annual public right-of-way occupancy assessment fee for a street encroachment permit, the permittee shall pay the greater of the Board-adopted fee or the assessment fee set forth in Subsection (b).
(d) The public right-of-way occupancy assessment fee shall be subject to the review and adjustment procedures as set forth in Sections 2.1.1 et seq.
(e) The public right-of-way occupancy assessment fee shall not be charged to any federal, state or local governmental agencies, commission, or departments.
(f) Notwithstanding Subsection (b), no public right-of-way occupancy assessment fee shall be charged against the permittee for elements installed: (1) as a requirement under Planning Code Section 138.1, or (2) that the Department determines are consistent with any Board of Supervisors adopted Neighborhood Plan or streetscape plan as identified in the General Plan or Planning Code, or (3) as a condition of a City-approved development agreement or a disposition and development agreement authorized by the City or the Successor Agency to the San Francisco Redevelopment Agency, or (4) for improvements associated with a Planning Commission approved in-kind agreement in accordance with the Planning Code, or (5) pursuant to a street encroachment permit issued under Section 786.9(a) or (b), or (6) for a People Place permit associated with the Places for People Program established under Administrative Code Chapter 94A, or (7) for improvements associated with a Tier 1, Tier 2, or Tier 3 Love Our Neighborhoods Project, as defined in Public Works Code Section 723.1.
(a) If a permittee is not the owner of real property adjacent to the street encroachment permit, the permit is not recorded against the real property adjacent to the street encroachment permit, or both, then the permittee shall pay the Department a maintenance endowment to ensure adequate funds are available for ongoing and future maintenance of the street encroachment permit area and any future modification or restoration of the permit area to a condition satisfactory to the Public Works Director if the permittee abandons or terminates the permit or the Director revokes the permit.
(b) The Department shall deposit all funds collected for the maintenance endowment into the Public Works Encroachment Maintenance Fund as established under Administrative Code Section 10.100-229.
(c) The permittee shall pay the maintenance endowment in annual installments that are the equivalent each year of 20% of the estimated annual maintenance cost. The permittee shall pay the annual maintenance endowment installment for 10 years with the first payment due at the time of permit issuance. As part of the permit application, the permittee shall include an estimate of the annual maintenance cost and the City Engineer shall verify said cost for purposes of the maintenance endowment required under this Section 786.8.
(d) If the Board of Supervisors authorizes or approves the transfer or assignment of a street encroachment permit to an individual or entity that is not the owner of real property adjacent to the street encroachment permit area, then the transferee or assignee shall pay the annual maintenance endowment installment under the terms specified in subsection (c) during the time they are the permittee. The transferee’s or assignee’s first installment payment is due on or before the effective date of the transfer or assignment. If there are multiple transfers or assignments, the Department shall not charge an amount that would exceed the total remaining payments it would collect for the subject street encroachment permit under the 10-year term for the Maintenance Endowment Fund specified in Section 786.8(c).
(e) If the Department or any other City agency, department, or commission, including the City Attorney’s Office, incurs costs in performing the permittee’s maintenance obligation or abating a violation, including any City required modification or restoration, and the permittee has paid the maintenance endowment required under this Section 786.8 in full, then the permittee shall reimburse the Department for all such City costs. If the permittee still is paying the maintenance endowment required under this Section 786.8, then the permittee shall: (1) reimburse the Department for all such City costs and (2) continue to make the required payments into the Public Works Maintenance Endowment Fund.
(f) In accordance with the reimbursement process of Section 786.8(e), the Director, in his or her discretion, may arrange for a reimbursement plan for the City maintenance and abatement with the permittee that takes into account the permittee’s history of past permit compliance and other factors the Director deems appropriate, including but not limited to, the permittee’s budget and number of employees. If the Department is reimbursed for the City’s incurred costs, then the Department shall send the affected departments their share of the reimbursement.
(g) This Section 786.8 shall not apply to a street encroachment permit: (1) where the Board of Supervisors authorizes or approves the transfer or assignment of the permit from the original permittee to an individual or entity that is the successor owner(s) of real property adjacent to the street encroachment permit and the permit is recorded against the successor owner(s) real property, or (2) that the Board issues in accordance with the terms of Section 786(b) for a master encroachment permit, or (3) that the Board issues for a street plaza in accordance with Section 792 where the street plaza permittee is a different individual or entity than the holder of the underlying street encroachment permit or Public Works retains responsibility for the underlying public right-of-way, or (4) that the Director issues to a City agency, department, or commission, a State agency, or the federal government, or (5) that comprises a People Place permit associated with the Places for People Program established under Administrative Code Chapter 94A.
(h) If a street encroachment permit subject to the maintenance endowment as specified in this Section 786.8 has a construction cost of $1 million or greater, the Board of Supervisors shall require a bond, other form of security, or payment into the Maintenance Endowment Fund in an amount required to restore the public right-of-way to a condition satisfactory to the Public Works Director based on a cost that the City Engineer determines. If the Board requires posting of a bond or other security, the permittee shall provide evidence to the Department that the bond or other security is operative on an annual basis. If the Board authorizes the Director to allow a transfer or assignment of a permit that is or will be subject to the maintenance endowment as specified in this Section 786.8 and said permit has or had a construction cost of $1 million or greater, then the Director shall impose the same requirements as set forth in this subsection (h) as a condition of transfer or assignment. Departmental expenditures related to restoration shall be consistent with the terms of Administrative Code Section 10.100-229 or any successor law.
(Added by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)
(a) If a City agency, department, or commission, a Tier 3 Love Our Neighborhoods permit applicant, a State agency, or the federal government applies for a street encroachment permit, the Public Works Director may approve, conditionally approve, or deny in writing the application administratively without action from the Board of Supervisors after the applicant satisfies the requirements of Sections 786 et seq. The Department of Public Works shall submit a quarterly report to the Clerk of the Board of Supervisors that includes a description of all of the complete Tier 3 Love Our Neighborhoods Project applications the Department received during the applicable quarter.
(b) The Public Works Director, in his or her discretion, may approve, conditionally approve, or deny in writing a temporary street encroachment permit application administratively without action from the Board of Supervisors after the applicant satisfies the requirements of Sections 786 et seq. For purposes of this subsection (b), a temporary street encroachment permit is for a project that: (1) a City agency, department, or commission has co-sponsored and approved or authorized through an officially-adopted City program and (2) shall occupy the street or other type of public right-of-way for no longer than two years. The Director, in his or her sole discretion, may extend the permit term for a temporary street encroachment for a period not to exceed six additional months. This temporary street encroachment permit is not intended to conflict with or supersede a People Place permit associated with the Places for People Program established under Administrative Code Chapter 94A
, but rather be a separate and distinct permit.
(c) The Director’s approval or conditional approval of a permit under this Section 786.9 is appealable by a member of the general public or the applicant to the Board of Appeals within 15 days of the date of the Director’s written decision on the permit application.
(d) If the Director recommends denial of an application under Section 786.9(a) or (b), the Director shall notify the applicant in writing of this recommendation. The Director shall hold an administrative hearing on his or her recommendation to deny the application and issue a written decision on the recommendation to deny within a reasonable period after the hearing. If the basis for the denial decision relates solely to engineering design, the Director’s denial decision constitutes a final decision that is not subject to appeal. If the basis for the denial decision is solely for reasons unrelated to engineering design, the applicant may appeal the Director’s denial decision to the Board of Appeals within 15 days of the date of the Director’s written decision.
(e) The Director, in his or her discretion, may recommend revocation of a permit issued under this Section 786.9. The Director shall notify the permittee in writing of this recommendation. The Director shall hold an administrative hearing on his or her recommendation to revoke and issue a written decision on the recommendation to revoke within a reasonable period after the hearing. Prior to the administrative hearing, the Director shall develop an estimate of the cost of any revocation and associated restoration and identify the responsible party that shall bear such cost if it is a party other than the permittee. The Director shall provide this cost estimate to the permit holder in advance of the administrative hearing and include the estimate in the hearing’s administrative record. The Permittee may appeal the Director’s decision to revoke to the Board of Appeals within 15 days of the date of the Director’s written decision.
CODIFICATION NOTE
1. So in Ord. 252-23.
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