(a) Public Works Application and Permits. The prospective Permittee may submit the application for a Curbside or Sidewalk Shared Space Permit to Public Works for its review and approval. Public Works shall review the application consistent with the interagency coordination process described in Administrative Code Section 94A.4. The Shared Spaces Permit shall incorporate the requirements of and substitute for a permit that would be required under other sections of the Municipal Code.
(b) Public Notice and Opportunity to Comment.
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Upon submission of an application for a Sidewalk Shared Space, or a Curbside Shared Space where the proposal would result in Temporary Closure, the prospective Permittee shall post the site(s) with one or more Notices of Application provided by Public Works for a period of ten calendar days. The Notice(s) shall be posted in a location acceptable to Public Works. The prospective Permittee shall submit to Public Works photographic evidence that the Notice(s) were posted appropriately. The prospective Permittee shall remove the Notice of Application the day after expiration of the ten-day notice period. Public Works shall accept public comments on the Notice of Application for ten calendar days from the first day the Notice was posted at the site(s).
(2) For Roadway Shared Spaces where the proposal would result in a Temporary Closure, the public notice shall proceed in accordance with the applicable process set forth in Transportation Code, Division I, Article 6.
(3) For Roadway Shared Spaces and Curbside Shared Spaces where the proposal would result in a Longer-Term Closure the public notice shall proceed, in accordance with the applicable process set forth in Transportation Code, Division II, Article 200, Section 202 (Notice of Public Hearing).
(4) 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).
(c) Public Hearing. The Director of Public Works may hold a public hearing concerning the Sidewalk Shared Space Permit application that would extend the occupancy beyond 24 consecutive months. If the Director determines that a public hearing will be held, the prospective Permittee shall post on the site(s) a Notice of Public Hearing provided by Public Works for a period of ten 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 ten-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.
(d) Permit Issuance and Conditions of Approval.
(1) Public Works may issue any Curbside or Sidewalk Shared Space Permit consistent with Sections 793 et seq. and Administrative Code Chapter 94A. The conditions of approval required or authorized by Administrative Code Section 94A.5(c) or other applicable sections of Administrative Code Chapter 94A shall be imposed on the Shared Space Permit and enforced pursuant to Administrative Code Section 94A.9, including the obligation to remove or modify a Curbside Shared Space at any time, as necessary for any City project or maintenance work at the Permittee’s own cost consistent with Administrative Code Section 94A.4(d)(1)(E). The Director of Public Works may choose to apply additional conditions on the Shared Space Permit that are pertinent to Public Works jurisdiction.
(2) All Sidewalk and Curbside Shared Space permits shall be conditioned upon the obligation to remove or modify the Shared Space at any time, as necessary for any City project or maintenance work, which necessity shall be determined solely by the City Agency that issued the Shared Space Permit. In the event of an emergency, the City Agency may provide 24-hours notice. It shall be the Permittee’s obligation to remove or modify the Sidewalk or Curbside Shared Space at their own cost and return the right-of-way to a condition that the Director of Public Works deems appropriate. In no event shall the City be liable for reimbursing the Permittee for the costs of or restoring the Shared Space installation.
CODIFICATION NOTE