(a) Purpose. The purpose of this Section is to establish a regulatory program for Street Plazas, as defined in Administrative Code Chapter 94.
(b) Permit Requirements.
(2) A Plaza Permit is not subject to the annual assessment fee as set forth in Section 786.7.
(3) Permit Applicant. The applicant for a Plaza Permit shall have a strong, demonstrated connection to the neighborhood in which the Plaza is located.
(4) Application Submittal. In addition to all the materials required for a Street Encroachment Permit in Section 786 et seq., the applicant shall provide the following information as part of the application submittal:
(A) Information demonstrating the requirements of Subsection (b)(3) above, including but not limited to, documentation of public outreach processes and proposals for on-going community engagement.
(B) Proposed daily, weekly, and monthly programmed hours of use of the Street Plaza on an annual basis for which the Permit will be active. The Permit shall specify a minimum number of yearly programmed events.
(C) Proposed scope of activities on an annual basis for which the Permit shall be active. This may include use of moveable, temporary, or fixed furniture or structures; maintenance of hardscape and/or landscaping on the plaza; general programming and activation of the Plaza; and commercial or non-commercial offerings, including, but not limited to, arts activities; entertainment; food, drink, and/or other refreshment; retail sales; sports; and general recreation.
(D) The number of proposed restricted access events, if any, that will be held annually, which number shall not exceed eight (8) single day events. Scheduling of any approved restricted access events shall be spread throughout the calendar year. Public access will not be restricted beyond any approved restricted access events as described in this Subsection.
(E) Proposed strategies to engage with existing City programs.
(F) A proposed signage program.
(5) Selection of Applicant Prior to Permit Processing.
(A) When DPW determines that a portion of the public right-of-way should be eligible for Street Plaza status, it shall post the potential Plaza location with a request for applications for a Plaza Permit to activate the subject site, mail notice of the request to property owners and tenants within a 300 foot radius of the exterior boundaries of the Plaza, place a similar request on the Department's website, and take other actions the Director deems advisable to notify the public about the request for applications. The Director also shall mail notice to all neighborhood organizations requesting such notice, including those on the Planning Department's neighborhood notification system. The notices shall be posted and made available for at least three (3) months before DPW closes the application period. DPW shall make reasonable efforts to keep the Plaza location notice visible and legible during the application period.
(B) DPW shall conduct the same application notice process at the end of a Plaza Permit term for an established Street Plaza if DPW determines that the Street Plaza activation should continue at that location.
(C) If more than one application is received during this application period, the Department shall hold a public hearing on the potential applicant(s). DPW shall provide the same notice for the hearing as provided under Subsection (5)(A) above. Based on the information and testimony at the hearing as well as any other documentation provided, the DPW Director shall issue a decision concerning the selected applicant. The DPW Director's decision shall be final and not subject to appeal. After such selection, the Department shall meet with the selected applicant to determine what outstanding materials are necessary to complete processing of the Plaza Permit.
(D) The Department shall complete any outstanding permit processing steps as set forth in Section 786 for Street Encroachment Permits.
(6) Maintenance, Liability, Insurance, and Other Permit Terms.
(A) DPW shall specify in the Plaza Permit the scope of Permittee's maintenance and liability responsibility that shall apply to the Permit based on the Permittee's authorized hours of use of the Street Plaza and the Permittee's scope of activities.
(B) The Permit shall identify required liability, indemnity, and insurance coverages, as approved by the City Risk Manager or successor agency.
(C) The Permit shall specify the number of annual restricted access events, if any.
(D) The Permit shall specify that the Permit may be deemed abandoned if the Plaza Permittee conducts less than the stipulated number of minimum annual programmed events.
(E) The Permit shall require that the Steward submit a monthly calendar of events to the local District Police station, the DPW Director, and the Plaza Program thirty (30) days prior to the start of the subject month.
(F) Signage. The Permit shall include an approved signage program.
(G) Financial Records. The Plaza Permittee shall make its financial records related to the use of the Street Plaza available to the DPW Director for inspection upon written request of the Director.
(7) Because certain activities may require additional permits or approvals from City or State agencies, boards, commissions, or departments, the Plaza Permittee shall be solely responsible for obtaining all other permits or approvals that may be necessary for or related to activities at the Street Plaza. Any event that involves at least one of the following activities, also shall be required to obtain approval from the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT):
(A) Sales or service of alcohol;
(B) A fuel-powered generator with a fuel capacity greater than 10 gallons;
(C) Installation of a tent or canopy in excess of 400 square feet;
(D) Closure of all or any portion any public right-of-way tangent to and/or outside the delineated area of the Plaza;
(E) Events that exceed decibel maximums described in the Plaza Limited Live Performance permit, if applicable, issued pursuant to Police Code Sections 1060 et seq.; or
(F) Activities that exceed the general scope of the Plaza Permit agreement.
(8) Due to possible damage to City infrastructure, any event that involves at least one of the following activities also shall be required to obtain review and possible issuance of a Temporary Occupancy permit from the Department:
(A) Stages that are not pre-fabricated and that require installation or construction with trained staff; or
(B) Any structure in excess of 250 pounds per square inch.
(9) The standard term of a Plaza Permit shall be no longer than 5 years; provided, however, that in unique circumstances or in cases where the Permittee installs significant improvements as part of the permit, the DPW Director is authorized to provide for a longer or unlimited term. Notwithstanding the above, all Plaza Permits are revocable at the will of the DPW Director.
(10) Regulations for Street Plazas.
(A) The DPW Director shall administer all Street Plazas pursuant to the requirements, rules, and regulations set forth herein or in regulations that the DPW Director adopts.
(B) Operational Requirements. The following operational requirements shall apply to Street Plazas and shall be posted in a prominent location in each Street Plaza:
(i) Peddling and Vending Merchandise. No person shall bring, or cause to be brought, for the purposes of sale or barter, or have for sale, or sell in exchange, or offer for sale or exchange any goods, wares, or merchandise in the Street Plaza, except for which the City and County of San Francisco issues any required permit or other authorization. Notwithstanding the above provision, the sale or distribution of newspapers, periodicals, or other printed or otherwise expressive material is allowed subject to the applicable requirements of the Public Works Code.
(ii) Performance of Labor. No person, other than authorized City personnel, shall perform any labor, on or upon the Plaza, including, but not limited to, taking up or replacing soil, turf, ground, pavement, structures, trees, shrubs, plants, grass, flowers, or similar activities without prior permission from the DPW Director.
(iii) Camping Prohibited. The provisions of Park Code Section 3.12 concerning camping shall apply to the Plaza except that the DPW Director shall administer these provisions.
(iv) No Unpermitted Structures. There shall be no stationing or erecting of any structure(s) on the Plaza without prior permission from the DPW Director.
(v) No Smoking. Pursuant to the Municipal Code, smoking is prohibited on any unenclosed area of property in the City and County of San Francisco that is under the jurisdiction of any City department if the property is a park, square, garden, sport or playing field, pier, or other property used for recreational purposes, or as a farmers' market. Given the use of the subject areas as an outdoor public plazas, this prohibition on smoking shall apply to Street Plazas.
(vi) Other Restrictions.
(aa) There shall be no skateboarding, bicycle riding, or pets off leash, without prior permission from the DPW Director.
(bb) No alcohol is allowed to be consumed in City Plazas without prior permission from the DPW Director and all required San Francisco and State authorizations and permits.
(cc) General advertising is prohibited.
(c) Additional Requirements Adopted at Time of Street Plaza Approval. Other regulations and requirements shall be adopted when each Street Plaza is legislatively approved and incorporated into the Plaza Program in accordance with Administrative Code Chapter 94. Such regulations and requirements shall be posted in a prominent location in each Street Plaza.
(d) Exceptions to Operational Requirements and Permit Terms.
(1) Exceptions to Operational Requirements. From time to time and due to unique circumstances, the Operational Requirements set forth above in Subsections (b) or (c) may not be appropriate for a particular event. In such cases, and after a duly noticed public hearing, the DPW Director may issue an exception to the requirements of Subsections (b) or (c) if he or she finds in his or her sole discretion that the public interest would be served by the grant of the exception.
(2) Exceptions to Permit Terms. After written request from a Permittee, the DPW Director is authorized to issue non-material exceptions or other minor amendments to the terms of a Plaza Permit as long as the DP W Director, in consultation with the City Attorney's Office, determines that such exceptions or amendments do not materially increase City's costs or obligations, decrease the benefit City receives under the Plaza Permit for the Street Plaza, and are reasonable within the purpose of the Plaza Program. The Director shall issue such exceptions in writing, retain the granted exceptions in a file available for public review, and shall post such correspondence on the Department's and Plaza Program's website.
(e) Good Neighbor Policies.
(1) The Permittee for a Street Plaza shall manage the Plaza in accordance with the following good neighbor policies during the times of use as set forth in the Plaza Permit:
(A) The quiet, safety, and cleanliness of the Plaza and its adjacent area shall be maintained;
(B) Proper and adequate storage and disposal of debris and garbage shall be provided;
(C) Noise and odors, unless otherwise permitted, shall be contained within immediate area of the Plaza so as not to be a nuisance to neighbors;
(D) Notices shall be prominently displayed during events that urge patrons to leave the Plaza premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood. Such notices shall be removed after each event; and.
(E) The Plaza Permittee or its employees or volunteers shall walk a 100-foot radius from the Plaza some time within thirty (30) minutes after the daily use period as set forth in the Permit and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
(2) Exceptions. After written request from a Plaza Permittee, the DPW Director is authorized to issue non-material exceptions or other minor amendments to the Good Neighbor Policies. The DPW Director shall issues such exceptions in writing, retain the granted exceptions in a file available for public review, and shall post such correspondence on the Department's and Plaza Program's website.
(f) Violation of Permit or Regulations; Penalties.
(1) If any person has occupied a Street Plaza in violation of these regulations or those that the DPW Director has adopted, the DPW Director or his designee or agent shall immediately order the violator to vacate the occupied area or abate the violation. Should the violation not be corrected as ordered, the Permittee or person shall be subject to the actions and penalties set forth below for each violation.
(A) Criminal Penalty.
(i) Any person who shall violate any of the provisions of these regulations shall be guilty of an infraction. Every violation determined to be an infraction is punishable by (a) a fine not exceeding $100 for the first violation within one year; (b) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (c) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation.
(ii) When a government official authorized to enforce this
Section 792
has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D.
(B) Administrative Penalty. In the alternative to the criminal penalty authorized by Subsection (f)(1)(A) of this Section 792, Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for violations of these regulations. The administrative penalty shall not exceed $300 per day for each violation. Such penalty shall be assessed, enforced, and collected in accordance with Section 39-1 of the Police Code.
(2) The Plaza Program will establish administrative procedures concerning methods to process, address, respond to, and document any complaints concerning operation of a Plaza. If the DPW Director receives verified complaints concerning violations of the terms and conditions of the Permit within the initial six (6) month period of operation, the DPW Director shall conduct a public hearing on the Permittee's conduct. After the initial six (6) month term, the DPW Director may extend the term to every twelve (12) months for the consideration of subsequent complaints and action thereon. Based on the information presented at the hearing, the Director may terminate, suspend, modify, or condition the Permit or take any other action the Director deems appropriate under the terms of the Permit in response to the Permittee's conduct.
(3) If the Permittee conducts less than the minimum number of annual programmed events stipulated in the Permit, the DPW Director may determine that the Permit has been abandoned or may terminate, suspend, modify, or condition the Permit or take any other action the Director deems appropriate under the terms of the Permit in response to the Permittee's conduct.
(g) Regulations and Orders. The Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary to preserve and maintain the public health, safety, welfare, and convenience (“Regulations”). Such Regulations may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, accessibility of sidewalks and streets. When such Regulations may affect the operations and enforcement of the Municipal Transportation Agency, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the General Manager of the Municipal Transportation Agency prior to adoption of such Regulations.