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(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 786et 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 2.1.1et 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.
(Added by Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 310-10, File No. 101194, App. 12/16/2010; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)