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(a) Initiation of the Process. Any prospective Steward wishing to establish a People Place in the Public Right-of-Way may initiate the process by submitting a concept proposal to the Places for People Program pursuant to Section 94A.5 of the Administrative Code (“People Place Proposal”). If the People Place Proposal is accepted into the Program, the Core City Agencies shall work with prospective Steward to develop the concept proposal, after which the prospective Steward may submit an application for a People Place Permit to the People Place Program pursuant to the process set forth in Administrative Code Section 94A.6. The application shall include the components specified in Administrative Code Section 94A.6(a). The Planning Department will review the People Place Permit application for completeness and compliance with Program requirements, and if found compliant will direct the prospective Steward to submit the application to Public Works.
(b) Public Works Application Review Procedure; Payment of Permit Fees. The prospective Steward may submit the application for a People Place Permit to Public Works for its review and approval. Payment of the permit fees is required by Administrative Code Section 94A.11 at the time of submittal.
(c) Public Notice and Opportunity to Comment. Upon submission of the People Place Permit application, the prospective Steward shall post the site(s) with one or more Notices of Application provided by Public Works for a period of 10 calendar days. The Notice(s) shall be posted in a location acceptable to Public Works. The prospective Steward shall submit to Public Works photographic evidence that the Notice(s) were posted appropriately. The prospective Steward shall remove the Notice of Application the day after expiration of the 10-day notice period. Public Works shall accept public comments on the Notice of Application for 10 calendar days from the first day the Notice was posted at the site(s).
For Roadway and Curbside People Places, the public notice shall also include notice of any public hearing by the Municipal Transportation Agency Board, in accordance with the process set forth in Transportation Code, Division II, Article 200, Section 202: Notice of Public Hearing. The Notice may include notice of public hearing by the Entertainment Commission if proposed activities fall within the purview of the Entertainment Commission described in Administrative Code Section 94A.4(c).
(d) Public Hearing. The Director of Public Works may wish to hold a public hearing concerning the People Place Permit application. If the Director determines that a public hearing will be held, the prospective Steward shall post on the site(s) a Notice of Public Hearing provided by Public Works for a period of 10 calendar days prior to the date of the scheduled hearing. The Notice of Public Hearing posting shall be removed by the applicant the day after the expiration of the 10-day period. Unless otherwise outlined in this Section 793.2, the Notice of Public Hearing posting shall comply with Article 5.6 of the Public Works Code.
(e) Permit Issuance and Conditions of Approval; Grant of Exceptions.
(1) After approval by Public Works a People Place Permit is issued. The conditions of approval required or authorized by Administrative Code Section 94A.6(c) or other applicable sections of Administrative Code Chapter 94A shall be imposed on the People Place Permit and enforced pursuant to Administrative Code Section 94A.10. The Director of Public Works or designee may choose to apply additional conditions on the People Place Permit that are pertinent to Public Works jurisdiction.
(2) Upon written request from a Steward, the Director of Public Works may grant a non-material or other minor amendment to the conditions imposed on a People Place in the Public Right-of-Way if the Director determines that the exception or minor amendment is reasonably within the purposes of the Places for People Program and, in consultation with the City Attorney’s Office, further determines that such exception or amendment does not materially increase the City’s costs or obligations or decrease the benefit the City receives under the Steward’s People Place Permit.
Any exceptions or minor amendments of the Permit conditions that the Director has granted pursuant to this subsection (e)(2) shall be in writing and retained in a file available for public review. In addition, at the Steward’s request, the Director’s letter granting the exception(s) and/or minor amendments, and any other written communications relevant to the Director’s determination shall be posted on the websites of Real Estate and the Places for People Program.
(Added by Ord. 224-16,, File No. 160893, App. 11/22/2016, Eff. 12/22/2016)