Article 15 – Miscellaneous

SEC. 724 - Temporary Occupancy Of Street—permits Required.

  1. Street Space Occupancy Permit. A permit will be required for occupying any part of the street or sidewalk for building construction operations or for any other purpose, and shall be granted only to the owner or lessee of the premises fronting thereon or his or her authorized agent.
    1. Material and equipment shall not occupy more than the designated parking lane width and not more than ˝ of the official sidewalk width along the boundary of the fronting property unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space. For purposes of this Subsection, material and equipment shall mean only construction material used at the site, construction equipment, vehicles bearing the logo or other identifying information so that the City could verify that it belongs to the contractor or a subcontractor working at the site and refuse containers for construction debris. For purposes of Section 724.1(b), material and equipment also shall include any material or equipment related to the proposed use. For purposes of this Subsection, parking lane width shall not exceed eight feet in width, and if such lane also is designated as a commute lane, such lane may not be occupied unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space.
    2. A minimum clearance of four feet must be maintained at all times to accommodate pedestrian path of travel requirements. A minimum clearance of four feet, six inches must be maintained at all times between the materials and equipment and the outer rail of any railroad track. Clearance of materials from fire hydrants, fire alarm boxes and value covers shall be as required by the Fire Department. Clearance of materials from traffic signal controllers and pull boxes shall be as required by the Department of Public Works.
    3. All sand, dirt or other materials shall be prevented from being blown or moved to other parts of the street, or from interfering with other property use. The gutters shall not be obstructed.
    4. Lights, barriers, barricades, signs, cones, and other devices for pedestrian and traffic safety, and other requirements shall be provided as set forth in Department of Public Works orders or regulations.
    5. For purposes of Sections 724 et seq., building construction operations shall include all work related to the construction, demolition, maintenance, repair, or replacement of a building.
  2. Permit Applications.
    1. An applicant for a permit shall submit to the Department a written request for a permit no sooner than fifteen days prior to the initiation of the proposed occupation of street space. The permit request shall specify the duration and extent of the proposed occupancy and all other information as set forth in Departmental orders or regulations.
    2. A permit applicant also shall request in writing the basis for any proposed modifications to standard permit requirements, such as extended hours of occupancy for the storage of materials and equipment.
  3. Permit Decisions.
    1. The Director of the Department, in his or her discretion, may approve, conditionally approve, or disapprove a street space occupancy permit. When issuing permits, permit modifications or extending the duration of permits, the Director may impose any conditions consistent with the public health, safety, welfare, and convenience, including, but not limited to, appropriate time, place, and manner restrictions and considerations to minimize neighborhood impacts. If the Director of the Department approves or conditionally approves a permit, said permit shall be issued on a monthly basis with a minimum term of one month and a maximum term of six months. In the absence of special conditions, a permit shall entitle the permittee to occupy the specified street space for a period no longer than 7:00 a.m.—6:00 p.m., seven days a week for the term of the permit.
    2. Appeals. The Director's decision on a permit shall be appealable to the Board of Appeals.
  4. Permit Modification.
    1. On seven days prior written notice to the Department, a permittee may seek to modify any terms or conditions of an existing valid permit except to extend the duration of a permit pursuant to Subsection (e) or to obtain an additional street space occupancy pursuant to Section 724.7 and 724.8.
    2. A request for a permit modification shall be accompanied by a $50.00 processing fee.
  5. Permit Extension.
    1. No later than fifteen days prior to expiration of a permit, a permittee may request in writing that a permit extension be granted to extend the duration of the street space occupancy.
    2. The Director shall treat a permit extension request like a new permit, and the Director, in his or her discretion, may issue or deny the extension or impose new or modified conditions on the permit extension.
  6. All street occupancy permits are revocable at the will of the Director. In addition, when, in the judgment of the Director of Public Works, the public interest or convenience will be served by the removal of the dirt, debris, materials and equipment or any portion thereof from the street or sidewalk space, the Director shall modify, condition, or revoke the permit accordingly.

(Amended by Ord. 31-85, App. 1/17/85; Ord. 180-02, File No. 021067, App. 8/29/2002)

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SEC. 724.1 - Temporary Occupancy Of Street—fees To Be Paid.

  1. No permit shall be issued to a private or public entity for the temporary occupancy of the street for building construction operations unless a fee and public right-of-way occupancy assessment are paid. The fee shall be $14.26, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. In addition to the fee, the permit applicant shall pay a public right-of-way occupancy assessment of $72.74, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. For purposes of calculating fees and assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term.
  2. For temporary street space occupancy for any purpose other than a building construction operation, the fee shall be $53.28 per day with no assessment cost. Unless specified otherwise, such occupation is subject to all provisions of Sections 724 et seq.
  3. Nonprofit organizations with tax exempt status under the Internal Revenue Code shall be exempt from payment of the fee where the street occupancy is necessary for the development of low and moderate income housing as defined by the United States Department of Housing and Urban Development.
  4. Refund. If a permittee elects to relinquish all or a portion of the occupied street space prior to termination of the permit, the permittee may seek a refund of fees and occupancy assessment from the Department. There shall be no fee charged for a refund request. Refunds shall be issued based only on one-month increments.
  5. Fee and Assessment Review. Beginning with fiscal year 2008-2009, the permit fee and street occupancy assessment set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Director shall submit its current fee and occupancy assessment schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule and occupancy assessment for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and occupancy assessment and certifying that: (a) the permit fees produce sufficient revenue to support the costs of providing the services for which the permit fee is assessed, and (b) the permit fees do not produce revenue which is significantly more than the costs of providing the services for which each permit fee is assessed. Notwithstanding the above, the Board of Supervisors, in its discretion, may modify the street occupancy assessment at any time.
  6. Additional Fees. In instances where administration of this permit program or inspection of a street space occupancy is or will be unusually costly to the Department, the Director, in his or her discretion, may require an applicant or permittee to pay any sum in excess of the amounts charged above. This additional sum shall be sufficient to recover actual costs incurred by the Department and shall be charged on a time and materials basis. The Director also may charge for any time and materials costs incurred by other agencies, boards, commissions, or departments of the City in connection with the administration or inspection of the street space occupancy. Whenever additional fees are charged, the Director, upon request of the applicant or permittee, shall provide in writing the basis for the additional fees and an estimate of the additional fees.

(Amended by Ord. 31-85, App. 1/17/85; Ord. 167-87, App. 5/14/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 197-07, File No. 070811, App. 8/3/2007)

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SEC. 724.3 - Placards And Signs.

  1. Placards. A permittee shall display a placard at the site subject to a street space occupancy permit. The placard shall be mounted on the exterior of the fronting property, or where the site is vacant or it is impractical to mount the placard on the fronting property, the permittee may attach the placard on a post, pole, wall, or other object. A permittee shall mount the placard in a location where members of the public can easily read the required information but cannot tamper with the placard. The permittee shall mount the placard 72 hours in advance of the occupancy authorized in the permit, shall keep the placard posted for the entire term of the permit, and shall remove it immediately upon termination of the permit. All information contained on the placard shall be legible. The placard shall contain the following information: name of the permittee, a telephone number where the permittee can be reached during the hours of the permit, the duration of the permit including start and stop dates and hours of use, a geographic description of the street space occupied under the permit, the permit number, and the Department's street space hotline telephone number. The Department shall provide a placard to each permittee. It shall be the responsibility of the permittee to insert the required information, mount the placard, and ensure proper maintenance of the placard. If any required information on a placard must be modified, the permittee shall obtain a new placard rather than change the information on the existing placard. If the Director follows the procedures set forth in Section 724.4(b), he or she may waive or modify the provisions of this subsection as they pertain to a particular type of permitted activities.
  2. Signs. Signs shall be posted every 20 linear feet of occupied space with at least one sign at each end of the occupied space. Signs shall contain the following information: the effective dates and times of the permit; the permit number; the Department of Public Works' street space hotline telephone number; and notice that if the Public Works Code requires an on-site placard, additional information about the permit may be found on the placard. The permittee shall post signs 72 hours in advance of the occupancy authorized in the permit and remove such signs upon termination of the permit. A permittee must maintain signs during the entire term of occupancy and during the hours specified in the permit. If any information required on a sign must be modified, the permittee shall install new signs rather than change the information on the existing sign. If signs are removed, modified, or altered in any way, it shall be the permittee's responsibility to install new signs containing the required information.
  3. Good Neighbor Policy. Notwithstanding the above, if a permittee does not require use of the permit area for all hours covered by the permit, the permittee shall allow members of the public to park vehicles in legal parking spaces. Rules governing the good neighbor policy shall be developed pursuant to Section 724.4(b).

Amended by Ord. 31-85, App. 1/17/85; Ord. 401-87, App. 9/25/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 77-03, File No. 021854, App. 5/2/2003)

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SEC. 724.5 - Exceeding Permissible Use Or Occupation Without Permission—penalty Fee And Criminal Penalty.

  1. If the Director of Public Works determines that the permittee has exceeded the scope of the temporary street occupancy permit, either in terms of duration or area, or determines any other violation of the permit terms or conditions has occurred, the Director of Public Works shall order the permittee to correct the violation within a specified time period. If any person has occupied public right-of-way without permission for purposes of building construction operation or for any other purpose, the Director shall immediately order the violator to vacate the occupied area. Should the violation not be corrected as ordered or in the case of occupation without a permit, the permittee or person shall pay a penalty fee of up to $1,000 per day for each day of violation. Failure to pay any fee assessed under these provisions shall constitute good cause for immediate revocation of the temporary street occupancy permit or removal of unpermitted obstructions, and the project property shall be subject to a lien in the same amount, in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code, commencing with Section 10.230.
  2. Criminal Penalty.
    1. Any person who shall violate any of the provisions of this Section shall be guilty of an infraction at each location where such violation occurs. Every violation determined to be an infraction is punishable by (1) a fine not exceeding $100 for the first violation within one year; (2) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (3) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation.
    2. When a government official authorized to enforce this Section 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.
  3. Administrative Penalty. In the alternative to the criminal penalty authorized by Subsection (b) of this Section for violations of Section 724.4(a), Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for violations of Section 724(a). The administrative penalty shall not exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.

(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 166-87, App. 5/14/87; Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 87-03, File No. 030482, App. 5/9/2003)

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SEC. 726.7 - Orders And Regulations.

The Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules 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 orders, policies, regulations, or rules will affect the operations and enforcement of the Department of Parking and Traffic, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the Director of the Department of Parking and Traffic prior to adoption of such orders, policies, regulations, or rules.

(Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

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