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(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.
(a) Upon petition to the Board of Supervisors for any street vacation, the Board of Supervisors will refer the request to the Director of Public Works for investigation and recommendation. The street vacation procedure shall be in accordance with the applicable provisions of the Streets and Highways Code of the State of California and such rules and conditions adopted by the Board of Supervisors. The Department of Public Works shall submit to the Board of Supervisors with any petition submitted by the Department of Public Works or any recommendation regarding a street vacation, a legal description, the Assessor’s Parcel Number(s) or reserved Assessor’s Parcel Number(s), and a County Surveyor-approved map of the area.
(b) The Clerk of the Board of Supervisors shall cause a certified copy of any adopted ordinance of vacation, together with the information required in subsection (a), and attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the Office of the Recorder. The Office of the Recorder shall not charge a recording fee for this recordation.
(c) The Board of Supervisors finds that unimproved streets in the Bernal Heights area are an important open space resource to the citizens in the area where the lots are small, the streets are narrow, and space is at a premium. Therefore the Board of Supervisors declares that it is the policy of the City and County of San Francisco not to vacate unimproved streets and sell, transfer, or relinquish its interest in the underlying property to private ownership in the Bernal Heights area bounded by Army Street on the north, Mission Street on the west, Interstate 280 on the south and Highway 101 on the east except not to include Esmeralda Avenue, between Brewster Street and Holladay Avenue. These streets shall be kept as open space, unless the Board of Supervisors finds that the streets are needed for public passage and proposes to improve and accept them for the same purpose.
(Added by Ord. 390-81, App. 7/3/81; amended by Ord. 225-87, App. 6/19/87; Ord. 253-19, File No. 190810, App. 11/15/2019, Eff/ 12/16/2019)
(a) Fees, payable to the Department of Public Works, shall be assessed for investigating and processing the street vacation request filed under this Code. Said fees shall consist of an initial payment of $2,500, paid at the time of filing an application for street vacation, plus an additional sum needed to equal the actual cost to Department of Public Works of checking the maps, plans and reports, and conducting an investigation incidental thereto. Nonprofit organizations with tax exempt status under the Internal Revenue Code, that have filed applications on or after January 1, 1985, shall be exempt from payment of the initial $2,500 payment where the street vacation is necessary for the development of senior citizen housing.
(b) Payment of fees charged under this Code does not waive the fee requirements of other ordinances and rules and regulations pursuant thereto.
(c) There is hereby created a Street Vacation Fund wherein all funds received under the provisions of this Section shall be deposited. All expenditures from the Fund shall be for engineering or technical investigations and equipment directly related to the investigation and processing of the street vacation request filed under this Code, and all such expenditures are hereby appropriated for said purposes.
(Amended by Ord. 432-86, App. 11/7/86)
The Board of Supervisors hereby finds and declares that:
(a) The City and County of San Francisco has a unique and important history that should be preserved and commemorated for residents and visitors. The contributions of certain sites, events, and people to the history of the City should be recognized.
(b) One method of preserving and commemorating such historical sites, events, and people shall be the placement of commemorative plaques upon public streets and places. Such plaques shall play an important role in identifying locations of historical interest to residents and visitors.
(Added by Ord. 149-96, App. 4/17/96)
(a) The Board of Supervisors may, by resolution, designate a location on a public street or place to commemorate a site, event, or person of historical interest to San Francisco, subject to the requirements of subsection (b) below.
(b) Any person seeking to commemorate a site, event, or person of historical interest to San Francisco by placement and installation of a commemorative plaque on a specific location on a public sidewalk or place shall file an application with the Department of Public Works, shall obtain all necessary permits and approvals for the commemorative plaque, including any applicable major or minor sidewalk encroachment permits, and shall provide the Department with any security and/or evidence of insurance, as may be required by the Department following the Department’s review of the application. Such application shall be filed upon forms prescribed by the Department, include all information required by the Department including, but not limited to, the applicant’s preferred locations for plaque installation and alternative locations for plaque installation, and be accompanied by all required fees set by the Department.
(Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)
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